Documenti di Didattica
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I. PURPOSE
To establish procedures for processing complaints and/or arrests involving youthful
offenders and to establish the youth services function within the department.
II. POLICY
It shall be the policy of this Department to deal with juvenile offenders in the least coercive
manner possible. All officers of this department shall respect the juvenile's family
autonomy and shall use the most reasonable alternatives consistent with preserving
public safety, order, and individual liberty. All members, regardless of duty assignment,
are charged with the responsibility of participating in and supporting the Department's
juvenile operations function. Each officer shall be familiar with the unique requirements
of juvenile matters and shall respond to those requirements by ensuring that the
constitutional rights of the juveniles are protected, as provided by procedure or statute.
When dealing with juvenile offenders, officers shall use the least coercive among
reasonable alternatives when selecting a course of action, and consider the following
factors:
• Nature of offense - The seriousness of an incident and circumstances surrounding
the juvenile's involvement.
• Age of the juvenile.
• Attitude (or mental position) of the juvenile with regard to a fact, state, or situation.
• Officer's access to parent/guardian.
• Knowledge of previous records may be indicative of the juvenile's attitude causing
the officer to be more forceful in alternative placement and decisions.
• Complaint/victim's comments may be taken into account, especially where
repetitive incidents are reported for the first time.
• Gang affiliation may alter or accelerate the normal handling of a juvenile.
• Direction received by juvenile authorities.
• Previous record.
Juvenile offenders shall be referred to the Criminal Justice System (Juvenile Court) in the
following cases:
• Felony crimes.
• Weapons involved.
• Repeat offenders.
• Treatment or service required is available only through the Juvenile Court System.
• Denial of involvement when case facts show otherwise.
• Serious gang related incidents.
• Juveniles on probation or parole.
• Juveniles with cases pending.
• Juven ile does not meet the criteria for a Civil Citation.
Officers shall complete a Universal Booking Sheet (UBS) arrest report for each juvenile
placed under arrest. Upon approval of the report by a supervisor, the officer shall print
and sign the report and complete the attached "Notice to Appear" form. The UBS report,
with attached Notice to Appear, shall accompany the juvenile to the Juvenile Assessment
Center. This NTA is not designed to release the juvenile from police custody, but to be
signed by the juvenile, and their parent/guardian, upon release from the Juvenile
Assessment Center.
Juvenile Records
Juvenile Records shall be maintained in the Records Section in a file separate and distinct
from adults.
The maintenance of juvenile records shall be the responsibility of the Records Supervisor
and shall be maintained in the Records Section in accordance with state statute.
There are no legal requirements to have parents/guardians present during the interview
of a juvenile. However, officers should consider the age and mental capacity of the
juvenile and afford the parents/guardians reasonable response time prior to interviewing.
General Order C-44
Juvenile Operations
Revised 09/18/18
Page 3 of 5
The arresting officer/investigator shall advise the parents or guardians of the detention as
soon as possible. Note on the report in the proper boxes:
• The officer who notified the parent/guardian.
• Who was contacted, and the time the call was made.
V. FOLLOW-UP RESPONSIBILITIES
The arresting officer/investigator shall adhere to the following follow-up responsibilities
upon completing the arrest:
• Felony reports
• Contact with State Attorney's Office
• Preparing court cases
• Recommendations to Juvenile Justice System for possible diversion
VI. JUVENILE SERVICES
Departmental programs designed to control juvenile delinquency and enhance community
relations with our youth shall be a priority. School Resource Officers (SRO) and District
Resource Coordinators (DRC) shall promote positive interactions with our community youth.
Changes will be submitted for review through the Community Services Bureau, Investigative
Services Bureau and Patrol Bureau Captains, then through the chain of command for
approval.
Approved:
(signed)
David Newlan
Chief of Police
I. PURPOSE
II. DEFINITIONS
Sally Port -- A controlled and secured area adjacent to the booking/processing room
Hogtie -- A method of tying the limbs together, rendering the subject immobile and
helpless.
Processing Area -- The area used for the processing and booking of arrestees.
Detainment Area -- The area used to detain arrestees until the required arrest paperwork
is completed. The detainment area is only for temporary detention only. The designated
temporary detainment area is located on the first-floor secured area with access and
egress directly to sally port and first floor hallway via double secured doors.
Status Offender (Juvenile) -- A juvenile offender who has been charged with or
adjudicated for conduct which would not, under law of the jurisdiction in which the offense
Ill. RESTRAINTS
Types of restraints:
• Handcuffs: Commercially produced chain linked/hinged type cuffs capable of
being double locked.
• Ripp Hobble Leg Restraint: Commercially produced one-inch wide
polypropylene webbed belting with a tested strength of 700 pounds, with a one-
inch wide steel alligator-jawed, friction locking clip at one end , and a bronze
snap at the other end.
• Flex-cuffs: Commercially produced ½ inch wide nylon double loop zip-tie with
tensile strength up to 300 pounds.
All approved restraints shall be applied consistent with departmental training.
All persons arrested shall be restrained by handcuffs prior to being transported to a
detention/jail facility. When possible, prisoners shall be handcuffed behind their backs
and the handcuffs will be double locked. Exceptions to handcuffing behind the back shall
be allowed for handicapped, ill, or injured prisoners. In the event such a person is
arrested, that prisoner shall be restrained in a manner which restricts his/her ability to
harm an officer or others.
Prisoners who are to be transported over long distances require special restraint
considerations. Their hands shall be handcuffed and double locked in front of them
secured to their belt, which shall be worn reversed with the buckle in the back. Two
officers are required to transport a prisoner over long distances.
Under the following conditions, any person being transported shall be restrained using
the issued Hobble restraint in addition to handcuffs. The Hobble restraint will be used in
It is the responsibility of each officer who has custody of a prisoner, however brief in time,
to search that prisoner for weapons and evidence of the crime for which he/she was
arrested.
When a police officer arrests a subject of the opposite. sex, the officer shall search the
prisoner in the field as completely as necessary to assure the officer's safety. When
conducting a search of the opposite sex, the back of the hand(s) or some other method
should be utilized. A second officer should be present for the opposite sex search. The
more detailed search in the booking room shall be conducted by a police officer of the
same sex as the prisoner. If the prisoner is a female and a female officer is not available
for the search, the transporting officer will request that a matron at the county detention
facility conduct the search of the prisoner.
Prior to placing a prisoner in a police vehicle, the transporting officer shall conduct a
thorough search of the prisoner for weapons, paying particular attention to pockets, cvffs,
collars, and any other place where a weapon may be concealed on a person. The police
vehicle used for transportation shall be searched prior to and immediately afterward by
the transporting officer.
All detainees shall again be searched during the booking process, where all personal
property shall be removed from the detainee and secured in a locker (see Section VIII.
Booking Prisoners), unless property is taken for evidentiary purposes.
The officer assigned to transport the prisoner to the county detention facility shall conduct
a search of the prisoner prior to removing the prisoner from the booking room. This search
shall be very detailed and shall include the interior of the shoes.
V. TRANSPORTING PRISONERS
When a prisoner is being transported in a police car, a vehicle equipped with a cage is
mandatory. The rear compartment of patrol vehicles shall be modified to minimize the
possibility for exit without the assistance of the transporting officer. The rear window of
the cage shall be closed during any prisoner transports. Upon completion of the prisoner
transport, the transporting officer will resume his/her normal patrol duties.
Once a prisoner is placed in the rear of a patrol vehicle, the officer(s) shall not leave the
prisoner out of their sight.
All prisoners being transported in a police car shall have their seat belt engaged.
The transporting officer shall ensure that the "child safety lock" on each rear door of the
police car is engaged at all times to help prevent prisoners and/or suspects from escaping.
The rear windows of the patrol car shall not be open in a manner that would allow a
prisoner to likely escape.
General Order C-18
Processing, Disposition, and Medical Care for Arrestees
Revised 07/10/19
Page 4 of 26
All prisoners transported in a police car shall be handcuffed behind their back during
transit. An exception to this may be allowed for handicapped, ill, or injured prisoners. In
the event such a person is arrested, that prisoner shall be restrained in a manner which
restricts his/her ability to harm an officer or others.
When transporting prisoners that are non-ambulatory, suicidal, or determined to be a
danger to themselves, the person shall be direct booked to Lee County Jail, when
possible. Crutches, canes, and wheelchairs shall not be transported to Lee County Jail.
The transporting officer shall advise communications to contact Lee County Jail and notify
them of the need for a wheelchair in the sally port upon arrival.
Sick, ill, injured, or disabled prisoners who require transportation to a jail or hospital may
have special transportation requirements. In cases when a marked patrol car is not
appropriate, the use of Lee County Emergency Medical Services is authorized. When this
alternative method of transportation is used, the ambulance shall be followed to the
destination by a police officer. The reason for alternative transportation usage shall be
documented in the officer's report.
When one officer is transporting one prisoner, the prisoner shall be placed in the right
rear seat of the police car.
In circumstances when one officer transports more than one prisoner, all prisoners shall
have their hands cuffed securely behind them and shall be positioned in the rear seat of
the police vehicle.
Juvenile subjects shall be transported separately from adults.
When male and female subjects are arrested at the same incident they may be
transported together. This does not include offenses that were committed against each
other.
Male and female subjects shall be transported separately when the incidents are not
related.
When an officer is transporting a prisoner, he/she shall provide the starting and ending
mileage via MCT and advise dispatch he/she has done so. If the MCT is unavailable, the
officer shall radio the mileage to Communications immediately preceding the transport
and shall radio the same information to Communications upon completion of the
transport.
The police vehicle used for transportation shall be searched prior to and immediately after
the transport by the transporting officer to ensure that no contraband has been left inside.
Both searches (prior to transport and after transport) shall be documented via the MCT
for each prisoner transport.
The transporting officer shall document the event for staff review on an arrest report.
General Order C-18
Processing, Disposition, and Medical Care for Arrestees
Revised 07/10/19
Page 6 of 26
VI. TRANSPORTING NON-PRISONERS
Should any arrestee request or require emergency medical care, it shall be the
responsibility of the arresting officer to search the arrestee and inventory all property
pursuant to department regulations. The arresting officer shall, as soon as practicable,
notify the Patrol Bureau Supervisor of the necessity of medical care. The arresting officer
shall transport the arrestee to the Cape Coral Hospital Emergency Room, if feasible, or
request Lee County Emergency Medical Services (LCEMS) to transport the arrestee,
depending on the extent of the illness, injury, or disability (example, any arrestee with
suspicious injuries, a head injury, or who has been rendered unconscious shall be
transported by LCEMS).
If an arrestee desires emergency medical care, for any reason, the arrestee may request
such care, from any officer, and that request shall be granted. This procedure to gain
access to medical services shall be posted conspicuously throughout the booking area.
The Patrol Bureal,J is responsible for guarding an arrestee transported to the emergency
room. The District Supervisor shall assign guard-duty as required. Prior to assignment,
the District Supervisor shall thoroughly brief the assigned officer.
The arrestee shall be transported to the emergency medical care facility in appropriate
restraints. The medical facility staff shall be advised that the patient is under arrest. The
arrestee's movement shall be restricted using restraints, at all times, while being treated
at the emergency room.
Any disorderly behavior, interference with the officer, or attempts by visitors to pass
contraband to a prisoner, shall cause the visiting privilege to be terminated.
If it becomes necessary for the officer on guard-duty to affect any arrest, the officer shall
call for assistance; the assisting officer shall transport and book the arrested person.
If the prisoner becomes disorderly during any visit, visitation privilege shall be denied .
Hospital Staff
Regulations outlined for officers do not apply to hospital personnel performing required
duties; however, hospital personnel shall not be allowed to socialize or visit a prisoner on
a personal nature unless visitation Rules and Regulations are followed the same as any
other visitor.
Persons being transported that are not prisoners shall be identified prior to transport
(mental health and/or substance abuse individuals) to ensure that the correct person is
transported to the facility; and to determine if additional security measures or additional
officers are necessary prior to transport.
General Order C-18
Processing, Disposition , and Medical Care for Arrestees
Revised 07/10/19
Page 10 of 26
For security purposes, officers should also take every measure to identify a person(s)
being transported as a courtesy, in an effort to minimize the chance of a high-risk issue
evolving from the transport.
The Cape Coral Police Department processing and detainment area is authorized for use
by all sworn personnel. This area is used for detainee processing, testing and temporary
detention.
All sworn members of the department shall receive training on the operation of the
processing and detainment area , to include fire suppression , officer safety and equipment
provided for use by the agency. Training shall take place at least once every four (4)
years.
An armed officer must be present within the Cape Coral Police Department building in
order to book and process an arrestee. If not, and no one can respond to the station in a
reasonable time frame, then the arrestee shall be directly booked at the Lee County Jail.
When an officer has two (2) or more prisoners, a second officer must be present during
the booking and processing.
Escape Prevention
Officers must take precautions to prevent the escape of anyone in temporary detention.
To minimize the possibility of escape, officers shall:
• Maintain control over locked doors. Exterior doors must be closed and locked,
at all times, when not in use.
• Officers shall enter the sally port area and ensure the gates are completely
closed prior to removing an arrestee from the police vehicle.
• Under certain circumstances weapons are permitted in the processing and
detainment areas. Refer to Section XIV, Weapons in Processing and
Detainment Areas.
• Firearms will be secured in gun lockers or vehicle trunks before entering the
temporary detention room.
• Upon entry into the processing area, the officer will thoroughly search the
arrestee for weapons and contraband.
• Arrestees shall not be left unattended at any time while in the processing area .
Processing
Only authorized personnel shall be permitted in the processing and detainment area when
in use. Exception to this rule shall be medical and/or Fire Rescue personnel in the event
of illness or injury of an arrestee.
NON-SECURE CUSTODY
Examples are:
• Use of personnel only, to prevent the youth from egress or movement
• No restrictions on egress, except by law enforcement personnel
• The youth is handcuffed only, in a non-secure area
• The youth is handcuffed and in a police vehicle
• The youth is handcuffed to a movable/non-stationary object that can be
carried/rolled to exit the building (prohibited by policy, unless at a hospital
facility and requested to remove handcuffs for treatment purposes by hospital
staff)
• A lobby area of a building where the door can be opened to exit and the outer
perimeter of the building is not secured
Juveniles indicted to a criminal court on adult charges do not fall under OJJDP jurisdiction
(six- [6] hour maximum time limit for detention) and are treated as adult detainees.
Appropriate documents must be acquired prior to the six- (6) hour time limit for secure
detention to go past the six (6) hours.
Males and females cannot be detained in the same cell or area. Cells M1 thru M3 are
designated for male prisoners and F1 and F2 are designated for female prisoners.
When an arrestee is detained in a holding cell, the reason, date, and time will be entered
in the Detainee Safety Log. If an arrestee is removed from their cell for anything outside
the scope of the booking process, it shall be documented in the Detainee Safety Log; for
example, to assist in an investigation, to be interviewed, and/or to assist investigations
outside of the department. All times shall be properly documented on the Detainee Safety
Log. A supervisor shall sign the Detainee Safety Log for verification of each detainee that
is placed in temporary detention.
Audio/visual monitoring equipment of the detainment cells shall be placed in the
Communications Bureau, Platoon Sergeants' Office, report writing room, and booking
room. In ~ddition to arrestees being monitored from these areas, officers shall make a
physical, visual check of each arrestee in a detainment cell at least every 30 minutes and
document same in the Detainee Safety Log. If the detainee is believed to be suicidal, or
a danger to themselves, and was unable to be direct booked to the Jail or receiving facility;
a physical check must be completed every 15 minutes for adults and 10 minutes for
juveniles. All checks shall be documented in the Detainee Safety Log.
To ensure immediate intervention during detainee emergencies, officers securing an
arrestee in a cell shall remain in one of the areas where audio/visual monitoring of cells
shall be readily observed. If an officer is required to leave the monitored area, another
officer shall be notified and the second officer shall commence monitoring the cells in the
event of a required emergency response.
Officers, witnessing an emergency occurring in the holding cells via audio/visual
monitoring, shall immediately respond to intervene and shall utilize the radio to summon
assistance as required.
Communications personnel, witnessing an emergency in the holding cells via audio/visual
monitoring, shall immediately notify officers of the situation via the police radio.
Video cameras monitoring the cell area shall be focused to provide privacy when using
lavatory facilities. A small barrier shall be in place next to the lavatory facilities to provide
privacy from being seen from the door or through the window. At least annually, IT shall
assess the need for new or additional monitoring technology.
General Order C-18
Processing, Disposition, and Medical Care for Arrestees
Revised 07/10/19
Page 17 of 26
At the beginning of each shift, the on-coming Watch Commander shall make a physical
count of any arrestees in the cell area and verify this count with the Watch Commander
being relieved.
Immediately, upon placing an arrestee in a detainment cell, the officer shall enter the time
into the Detainee Safety Log. When the detainee is taken out of the cell to be transported,
the time the prisoner is removed shall be entered into the Detainee Safety Log.
Arrestees, if requested, shall be permitted the use of the telephone in the Booking Room
for making local phone calls to attorneys or relatives. The length of the call is at the
discretion of the officer. Furthermore, the temporary detaining area provides access to
water, restroom, and other needs.
The cell keys, when not in use, shall be kept in the lock box located in the processing
area with a duplicate key being maintained in the Watch Commanders' office.
Detainees shall not be handcuffed to a movable or immovable object.
No officer shall enter an occupied cell while armed unless authorized, pursuant to Section
XIV of this order.
No officer shall enter an occupied cell unless a second officer is present.
While in the booking room, officer(s) shall have their radio on at all times. Officers shall
use the emergency activation button on their portable radio for a panic or duress alarm if
needed.
Officers shall note, in the narrative portion of the arrest report, the apparent physical
condition of the arrestee, to include: body deformities, trauma markings, bruises, lesions,
jaundice, ease of movement, current health of the arrestee, medications taken by the
arrestee, and his/her behavior, including state of consciousness and mental status.
If the arrestee is showing signs of a possible overdose from drug(s)/alcohol or is
detoxifying from drug(s)/alcohol, the subject shall be medically cleared at a local hospital.
Officers shall notify the Lee County Jail of any arrestee that poses a medical or security
concern and document said notification in his/her arrest report.
Refer to General Order C-22 (Driving Under the Influence) for breath testing (lntoxilyzer)
policy.
Arrest reports shall be processed and forwarded to the Records Section for safeguarding
against any unauthorized disclosures.
In the majority of cases, arrestees shall be transferred to the Lee County Jail and the
arraigning judge shall determine if bond is to be posted or the arrestee shall be released
on recognizance.
Felony Charges
If a suspect is arrested on a felony charge, the detainee must be transported to Lee
County Jail.
Juvenile Felony Charges
I
Juvenile arrestees with felony charges shall be processed and delivered to the Juvenile
Assessment Center, as outlined in General Order C-44, Juvenile Operations.
Misdemeanor Charge - Local Resident
Suspects arrested for DUI or personal violence and have a past criminal history of
personal violence shall be transported to the Lee County Jail.
Depending on the nature of the misdemeanor, the suspect's criminal history and/or
probation status, and the circumstances surrounding the arrest, the arresting officer may
use discretion in deciding to affect a physical arrest or issue a Notice to Appear and
release on scene.
Misdemeanor Charge - Juvenile
If the juvenile is eligible, officers shall complete the necessary paperwork and issue a Civil
Citation, which shall be signed by both accused and parent/guardian. The juvenile can
then be released to the custody of the parent/guardian. If the juvenile is not eligible,
officers shall complete an arrest report and release to the Juvenile Assessment Center.
See General Order C-44, Juvenile Operations, for further clarification.
Exigent Circumstances
Due to unusual or unforeseen circumstances (physical disability, illness, or law
enforcement needs), the Watch Commander may seek approval from the duty judge to
Release an arrestee on Recognizance (ROR).
Should a situation arise when a subject is placed into our custody, and further
investigation reveals circumstances that dictate the release of the detainee (incorrect
identity, inaccurate computer data [FCIC/NCIC]), the detainee shall be immediately
released and officers shall ensure that proper treatment is given, regardless of past
criminal record or present demeanor.
Warrant arrests
Detainees shall be processed and transported to the Lee County Jail.
All personal property shall be transported with the detainee at the time they are
transferred to the Lee County Jail. In the rare instance when property does not go to Lee
County Jail at the time of the prisoner transport, it shall be placed into property under the
arrestee's case number. The prisoner shall be informed of the procedure to have his/her
personal property returned.
Strip searches will be conducted at the Cape Coral Police Department in accordance with
Florida State Statute 901.211. The arresting officer will obtain written authorization from
the supervising officer on duty utilizing CCPD Strip Search Form # F-96.
Weapons shall be permitted in the processing and detainment areas only under the
following circumstances:
PREVENTATIVE MEASURES
• OC, air TASERs, and batons may be introduced into the processing and/or
detainment areas, with supervisory approval, should an arrestee begin to offer
resistance or exhibit behaviors leading a reasonable officer to believe
In the event of fire , the arresting officer shall have the responsibility to evacuate and
secure his/her arrestee via one of the processing area doors (see evacuation diagram
posted in detainment booking area and next to each exit door). The officer shall
immediately contact the Communications Section.
Communications personnel shall contact the Fire Department and the Watch
Commander. The Watch Commander shall have the responsibility to ensure all arrestees
have been evacuated and that other police personnel are notified in the event the entire
building needs to be evacuated. All arrestees will be transported directly to Lee County
XVII. INSPECTION
The pro.cessing and detainment areas will be inspected daily by the on-coming night shift
Watch Commander. This inspection will include a visual inspection of the fire
extinguishers, smoke detector, first-aid kit, locks, cell doors, cells, lntoxilyzer cabinet, and
the doors in the processing area. A search of the detainment cells shall also be conducted
for weapons, contraband, and/or any other security concerns including matches or any
type of flammable liquids. Sanitation issues shall be noted for appropriate action. Upon
completion of the inspection, the Watch Commander conducting the inspection will note
any deficiencies in the District Activity Report. A Platoon Sergeant shall also review and
sign the Detainee Safety Log.
A periodic inspection of all fire equipment shall be conducted by the Fire Department.
The pest control company contracted by the City shall provide any necessary pest control
services. All testing and inspections shall be documented in the District Activity Report.
Deficiencies found shall be immediately reported to a District Commander for appropriate
action.
The District Commanders shall review all District Activity Reports and ensure that any
deficiencies in the processing and detainment area are corrected.
An administrative review of the temporary detention area(s), policies, procedures,
training, and equipment shall be conducted annually, by the District Commander, to
determine that procedures are being adhered to and that the use of the facility is adequate
for the agency.
Officers shall receive entry level training on the processing , disposition, monitoring,
transportation, and medical care of arrestees and other detained individuals in the Cape
Coral Police Department Pre-Deployment and Officer Training and Evaluation Program
(OTEP).
Refresher training on items covered within this policy shall be held for sworn personnel
every four (4) years.
Approved:
(signed)
David Newlan
Chief of Police
Is the juvenile physically secured to a cuffing rail or other stationary object? YES
►
NO
Is the area where the juvenile is held designed or intended to be used for residential purposes?
NO
,___ YES
--
Is the area where the juvenile is held an unlocked multipurpose area such as a lobby, office, or
interrogation room?
NO --
--"'
(I)
YES--~ :::,
+ ( I)
Is the area where the juvenile is held >-
Is the juvenile sight and sound
-- ....
"O
ever designated. set aside, or used - YES
sepa rated from incarcerated adults?
NO 0
(I)
primarily as a secure detention area? :::,
I u
NO YES ...
• •
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:::,
Is the use of the area limited to providing nonsecure custody only long enough and for the ~
(I)
purposes of identification, investigation, processing, release to parents. or arranging transfer to a
Juvenile facillty or court?
NO -- "'
.E
I
YES
-~
a,
•
Is the juvenile under continuous visual supervision by a law enforcement officer or facility staff NO .,
·2
a,
>
::::,
~
--,
during lhe period of time that he or she is in nonsecure custod ?
YES
YES ,~_ls_ th
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er_t_ha_n_3_o_s_eco_n_ds_?~r - YES
devices?
~o
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Have he devices received written
approval from the local authority having
jurisdiction over fire codes and fire
NO --
inspections?