Effective Date: 10/4/00

Series: Law Enforcement and Security

Part 446: Law Enforcement

Chapter 6: Operation of Detention Facilities

Originating Office: Office of Managing Risk and Public Safety

6.1 Purpose. This chapter prescribes the Department's policy and procedures for detention of individuals in accordance with the responsibilities to maintain law and order as set forth in 16 U.S.C. 1, et seq. (PL 94-458) and the Code of Federal Regulations (25 CFR 11).

6.2 Policy. The Department's policy is to provide regulatory and procedural requirements to be followed by those law enforcement bureaus/offices responsible for the operation of detention, community residential or holding facilities. The Department's policy is to ensure that the detention of an arrestee shall be accomplished in an expeditious, legal, professional, and safe manner, using only the amount of force necessary to accomplish the task. Once an individual is arrested, it is Departmental policy to ensure that the arrestee is detained under proper supervision, in a humane manner, and in an environment that will not unnecessarily impair the arrestee's health or subject him/her to physical abuse, verbal abuse, unreasonable discomfort or unfavorable publicity.

6.3 Responsibility.

A. Each bureau/office head responsible for the operational activities of detention, community residential or holding facilities is responsible for establishing written standards, policies, procedures and practices to ensure that:

(1) All operations of the facilities comply with the Federal, State, and local detention standards and laws, as well as applicable safety and health codes.

(2) The staff responsible for detention facilities reviews and understands the policies, procedures and practices of the facilities.

(3) There are, at a minimum, annual inspections of the operations, programs, equipment and facilities. Any and all deficiencies shall be reported to the proper authorities as soon as they are discovered. Such deficiencies must be corrected in a timely manner.

(4) The policy/procedure manuals and their supporting documents are easily accessible to all employees and inmates of the facilities. There are procedures for the dissemination of approved, new or revised policies and procedures to the appropriate staff.

(5) There are emergency plans that specify procedures to follow in situations including, but not limited to:

(a) riots and disturbances;

(b) hunger strikes;

(c) hostage situations;

(d) work stoppages;

(e) unattended deaths, including suicides;

(f) attempted suicides;

(g) escapes and unauthorized absences; and

(h) other threats to the security of the facility.

(6) The emergency plans are updated annually and that all personnel are trained in the implementation of the emergency plans.

(7) There are evacuation plans prepared in case of fire or major emergencies. These plans should comply with Occupational and Safety Health Administration (OSHA) standards. Initially, the plans are reviewed and approved and, on an annual basis, the appropriate safety officer or his/her designee will update and reissue, if required. The evacuation plans should include:

(a) means of immediate release of inmates from locked area and supervised escort of inmates to another secured area;

(b) location of building/rooms floor plans;

(c) use of exit signs and/or directional arrows for traffic flow;

(d) location of publicly posted plan;

(e) at least quarterly drills in all facility locations; and

(f) coordination with the fire department which serves the facility.

B. Each detention facility administrator shall ensure that procedures and practices for the administration of the facility:

(1) Comply with 5 U.S.C. 552 (the Freedom of Information Act), 5 U.S.C. 552(a) (Privacy Act of 1974), 383 DM 1-13 (Department's implementation of the Privacy Act of 1974), 383 DM 15 (Departmental Freedom of Information Handbook), 43 CFR 2, Subpart D, and 43 CFR 2.79(a).

(2) Include a written Code of Ethics that outlines the professional standards expected of all employees and that recognizes that detention personnel will be held to a higher standard because of the nature of their duties.

(3) Provide the following:

(a) Sufficient manpower to provide effective security at the detention facility.

(b) Juveniles under the age of 18 shall not be confined within the facility unless in compliance with section 223(a)(13) and (14) of the Juvenile Justice and Delinquency Prevention Act of 1984, as amended, and 28 CFR Part 31.

(c) The facility does not detain abused, dependent or neglected children or juveniles charged with offenses that would not be crimes if committed by adults.

(d) Juveniles and adult prisoners are not detained together in the same detention room or housed in the same cell.

(e) An arrestee shall be searched thoroughly upon arrival at the processing facility, regardless of any previous searches.

(f) Male and female arrestees shall be searched by an officer of the same sex as the arrestee, except in exigent circumstances. For safety purposes, this does not preclude a "pat-down" (Terry-type) frisk being conducted by an officer of the opposite sex. A female officer shall be assigned to ensure a thorough search of female prisoners.

(g) Manual or instrumental inspection of an arrestee's body cavities will be conducted only by medical personnel when there is a reason to do so and the inspection is authorized by the appropriate authority.

(h) Visual inspections of an arrestee's body cavities will be conducted only when there is reasonable belief that the arrestee is carrying contraband or other prohibited material. Visual inspections shall be conducted in private by an officer of the same sex.

(i) Any property/evidence obtained during a search of an arrestee at the detention facility shall be released to the designated property control officer of the facility for safeguarding.

(j) Male and female prisoners shall not be placed in the same holding cell or detention rooms; however, they may be processed in the same intake (processing) area.

(k) The detention room must be thoroughly inspected before and after each use.

(l) A detention officer shall personally observe inmates at least every 15-30 minutes, but on an irregular schedule. Suicidal inmates should be under continuous observation.

(m) An arrestee shall be photographed and fingerprinted according to established procedures. EXCEPTION: Juveniles shall not be photographed or fingerprinted without written consent from a U.S. District Judge or U.S. Magistrate.

(n) After an arrestee has been processed and the appropriate security measures have been taken, he/she shall be given the opportunity to communicate, as appropriate, with either legal representative of his/her choice or his/her next of kin, bondsman, or friend.

(o) Guidelines to explain the behavior expected of inmates. All detainees will be informed of these guidelines.

(p) Periodic inspection of facilities ensuring that they are clean, adequately lighted and in good repair.

C. Each bureau/office Law Enforcement Administrator shall ensure:

(1) The appropriate arrest, prisoner processing, and detention procedures are properly disseminated to officers under his/her command.

(2) Guidelines are established promoting reasonable actions to ensure the safety of the public and all law enforcement officers, the protection of property, and the safe control of the arrestee.

(3) Each officer under his/her command complies with established procedures and policies.

(4) Professional decorum by officers is maintained with respect to the prisoners.

D. Each law enforcement officer involved in jailing an individual must assure that their actions do not deny a detainee's rights. The following procedures will be followed when an individual is to be incarcerated:

(1) Ensure that professional decorum is maintained with respect to the prisoner.

(2) Arresting officer shall ensure the safeguarding and transporting of any property/evidence; he/she shall ensure that a prisoner's property is correctly processed;

(3) Arrestee shall be transported to the designated prisoner processing facility by the most direct route under existing conditions. All arrestees will be handcuffed during transport.

(4) When feasible, an arrestee shall be transported only in: a patrol wagon, a passenger vehicle equipped with a security barrier, or a two-officer passenger vehicle, unless otherwise authorized by a law enforcement supervisor. When transporting a prisoner by commercial airlines, refer to 446 DM 11 of this manual.

(5) The transporting officer shall search thoroughly the arrestee and the transport vehicle prior to and at the conclusion of the transport.

(6) Except in exigent circumstances, male and female arrestees shall be transported separately or in a vehicle that permits a physical separation.

(7) Juveniles shall not be transported with adult prisoners, if possible.

(8) Separate transportation or transportation in a vehicle that permits a physical separation shall be provided when, in the officer's judgment, arrestees display hostility towards one another.

(9) When an officer transports an arrestee of the opposite sex, the dispatcher shall be informed of the odometer readings and the officer's location at the beginning and end of the transport.

(10) Upon arrival at the processing facility and prior to processing an arrestee, an officer shall remove his/her weapon and secure it.

(11) Unless emergency conditions exist, an officer shall be unarmed (e.g., no firearms, knives, riot batons, mace, etc.) when entering a holding room, holding area or detention facility where prisoners are being processed or housed.

(12) The arresting officer must properly identify himself/herself to the jailer and submit the appropriate documents setting forth the specific charge or offense against the individual to be incarcerated.

(13) If an arrest book is maintained, the booking officer shall be responsible for recording the appropriate entries for each arrest.

(14) If necessary, handcuffs or another approved restraining device may be placed on the prisoner during confinement.

(15) If no facilities are available in the holding area, a prisoner who needs personal relief shall be escorted by at least two law enforcement officers (same sex as the prisoner) to the nearest restroom.

(16) An arrestee shall not be detained any longer than is reasonable and necessary for circumstances surrounding the case.

(17) Each arrestee shall be advised of the available methods of release, if appropriate.

E. The jailer will prepare and maintain a record to reflect: the charge, the identification of, and any other information considered relevant regarding the individual to be incarcerated. He/she will issue a receipt for and place in safekeeping all personal property in the possession of the detainee. These records are subject to the requirements of the Privacy Act of 1974, 5 U.S.C. 552(a).

6.4 Sick or Injured Prisoners. The following special precautions for the processing and handling of sick or injured persons are required:

A. The law enforcement officer will include in the detention report a notation of any injury, cuts, or bruises evident on the prisoner.

B. An arrestee who is injured, ill, or who claims a need for medical attention shall be immediately taken to a medical facility by an appropriate transport vehicle.

C. All injuries and illnesses sustained by arrestee, claims for medical attention by an arrestee, as well as any treatment received or refused, shall be documented.

D. If possible, all injuries sustained by an arrestee should be photographed in color.

E. No arrestee who is obviously injured or sick (e.g., open wounds, uncontrolled bleeding, vomiting, or fever) or who is unconscious shall be detained without first receiving or being offered the opportunity to receive professional medical attention. Any arrestee who refuses such medical attention shall be asked to sign a written statement confirming his/her refusal. The prisoner shall undergo normal prisoner processing procedures after professional medical attention is rendered and the physician has given approval. If the arrestee is transported to a medical facility, a law enforcement officer shall maintain custody of the prisoner at the hospital until the prisoner is sent to the appropriate detention facility, unless the hospital has a holding area and the officer is relieved by proper authority.

F. When an arrestee is admitted to a medical facility, the law enforcement supervisor shall arrange for a security detail, when needed, until the arrestee can be released to the custody of the law enforcement agency or incarceration is no longer required.

G. Written procedures for obtaining medical care for such prisoners, including medical emergencies, will be established and posted at all detention facilities. In addition, all detention officers will be familiar with basic first aid measures to be utilized while awaiting medical assistance.

H. All medicines will be administered by detention personnel in accordance with medical direction or by medically licensed individuals. Inmates will not be allowed to keep any medicine in their possession. An official written record will be kept of all medicine administered, including time and date, and by whom administered.

I. All medical complaints made by prisoners will be reported to the proper medical authorities immediately. If there is any doubt about an inmate's health, medical assistance will be summoned.

6.5 Cell Assignment. Assignment of inmates is a very important aspect of detention security and decorum. The admitting officer must carefully consider any conditions that require a special assignment apart from the general detention of newly admitted prisoners. The following conditions require special assignment and/or observation:

A. Mentally-ill prisoners will be confined in a hospital facility, if available.

B. Female prisoners will be confined apart from males.

C. If juvenile detention facilities are unavailable and secured placement in an adult facility is essential, the juvenile offender shall be confined apart from adults.

D. Intoxicated prisoners must be separated from other prisoners until sufficiently sober to care for themselves.

6.6 Visitors. Visiting hours will be scheduled by the facility administrator at least once per week. If facilities permit, a room will be set aside for visiting purposes. A detention officer will be present in the visiting room at all times during visiting hours. Officers will be courteous to all visitors and prisoners.

6.7 Emergencies. Written plans for handling emergencies will be prepared and made known to all detention personnel and inmates. These plans will establish procedures for fire evacuation, riot control, and prevention of escape attempts. Fire plans will be posted so that all inmates are aware of evacuation routes.

6.8 Prisoner Supervision. Adequate supervision will be provided 24 hours per day when an individual is in custody, to include:

A. A female detention officer must be on duty whenever a female is in custody.

B. Detention officers will observe each occupied cell at least once every half hour or more often if required.

6.9 Physical Facilities.

A. Prisoners will be housed in clean quarters that are adequately lighted and ventilated with heat and cooling, as appropriate, and maintained in a comfortable range. A bed must be provided which is above floor level; bath and toilet facilities must be provided. Hot water should be available at all times. Prisoners should be allowed to shower and shave daily, but in no case less than twice weekly. Newly admitted prisoners should always be provided with clean bedding and, thereafter, fresh, clean bedding at least once a week. Supervision in matters of sanitation and safety must be continuous.

B. In the event of mass arrests, the jailer will handle inmates as circumstances dictate, and the conditions in 6.9A, above, may be waived for periods of short duration.

6.10 Food. The Recommended Dietary Allowance stated by the National Academy of Sciences should be used as a guide to basic nutritional needs.

A. All inmates will be served three adequate, nutritious meals per day, two of which are hot meals. The meals should be served at regular mealtimes during each 24-hour period. There should be no more than 14 hours between the evening meal and breakfast. Residents who require special diets due to physical ailments will be provided necessary diets to meet these requirements.

B. All food handlers, including inmate workers, will receive medical clearance preceding employment. Periodic physical examinations, in conformance with State and Federal regulations, will be required to insure that all food handlers are free of disease.

6.11 Staff Training and Development. Each facility administrator shall establish written policies, procedures and practices to ensure that the facility training programs for all employees are specifically planned, coordinated, and supervised by qualified employees. Staff development should be an integral part of the management and operation of the facility. The training plan should include an orientation, pre-service and in-service training curriculum. At a minimum, this training curriculum should cover:

A. Security procedures and regulations;

B. Rights and responsibilities of inmates;

C. All emergency procedures;

D. Interpersonal relations;

E. Communication skills;

F. First aid; and

G. Prisoner processing procedures.

10/4/00 #3331

Replaces 9/21/93 #446-1