HomeMy WebLinkAbout72B-Detainment of Prisoners, including bail procedures - 2019
Policy & Procedure Page 1 of 17
Lexington Police
Department
Subject:
Detainment of Prisoners
Policy Number:
72B Accreditation Standards:
Reference: 70.3.2; 72.1.2; 72.4.1; 72.4.2; 72.4.5; 72.4.7;
72.4.10; 72.5.4; 72.5.5; 72.5.6; 72.5.7; 72.6.1; 72.6.5; 72.7.1;
72.8.1; 72.8.2; 72.8.3; 72.8.4; 72.8.5
Effective Date:
10/1/12
New
Revised
Revision
Dates:
1/24/19
By Order of: Mark J. Corr, Chief of Police
The Municipal Police Institute, Inc. (MPI) is a private, nonprofit charitable affiliate of the
Massachusetts Chiefs of Police Association. MPI provides training and model policies and
procedures for police agencies. This policy is an edited version of MPI Policy 3.04, “Detaining
Prisoners.”
The focus of this policy is the care, safety and security of detainees being held
in the custody of this Department.
While detainees are being held in police custody, their well-being is the
responsibility of the Department. Even though prisoners are normally housed for only
short periods of time, the environment of police lockups can become volatile and
emotionally charged, as evidenced by incidents of prisoner suicide and injury. Post-
arrest detention is a time when the emotional impact of the arrest becomes evident to
many prisoners. Particularly prone to actions which may cause injury to themselves
or others are persons with mental illness, persons who are intoxicated due to drug or
alcohol use, drug addicts, and persons who have open cases and arrest warrants
against them. Strict adherence to procedures governing the monitoring of prisoners
and the bringing of weapons and tools into the cellblock area is necessary to ensure
facility security and prisoner well-being.
It is the policy of this Department to operate the holding facility in a manner that
ensures detainee and officer safety and protects the constitutional rights of detainees.
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PROCEDURES
A. Prisoner Supervision [72.5.6]
1. Accountability for Detainees
a. Upon each change of shift, the off-going Commanding Officer (CO) shall
inform the incoming CO of the number of persons being detained in the
holding facility.
b. The off-going dispatcher shall inform the incoming dispatcher of the
number of persons being detained in the holding facility.
c. This briefing shall include:
i. Any bail status;
ii. Suicide risks;
iii. Injuries, medical or medication issues;
iv. Need for Jenkins hearings (a warrantless arrest must be followed
by a judicial determination of probable cause within 24 hours of
being held); and
v. Lexington Police detainees at other facilities (hospital, etc.).
d. The incoming CO shall conduct a face-to-face count and a physical
check of each detainee to verify the number of persons being held.
[72.8.1]
2. Detainee Monitoring Under Normal Conditions [72.8.1]
a. There shall be a 24-hour per day supervision of detainees by Department
staff.
b. The CO shall be responsible to ensure that regular checks are made of
each detainee and that such checks are properly recorded.
c. Detainee checks will be made by physically looking in the cell to observe
the detainee and listening to the sounds emanating from the cell area to
ensure that the detainee is all right. Such physical checks shall normally
be made at least every 30 minutes. [72.5.6]
d. In addition to in person physical checks of detainees, supplemental
checks may be made by looking at and listening to the detainee on the
cell video and audio equipment. It is important to note that this is in
addition to mandatory physical checks at least every 30 minutes.
e. Checks of the detainee shall be documented by using the cell check
recording system or, if such system is inoperative, by logging the checks
on paper.i
3. Suicidal Detainees
a. For any detainee who exhibits any signs or symptoms of suicidal
behavior, obtains a medium or higher rating on the suicide risk screening
during booking, or whose name appears on the Q5 query (Q5 is a term
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used in the police community to speak of the topic of a person’s
likelihood of suicide attempt), the CO shall be immediately notified.
b. The CO shall determine if a detainee should be placed on suicide watch.
A detainee shall be placed on suicide watch if:
i. The risk screening indicates a significant suicide risk;
ii. The detainee exhibits signs or symptoms of suicidal behavior;
iii. The detainee threatens to commit suicide;
iv. The detainee attempts to commit suicide;
v. The detainee’s name appears on the Q5, Suicide Risk File; or
vi. The detainee is brought to a hospital for a mental health
evaluation, released, and returned to the police holding facility.
c. The level of a suicide watch shall be proportional to the degree of the
detainee’s suicide risk.
d. The CO shall consider the detainee’s charges, mental state, behavior
and other factors and determine if the detainee should be transported to
a hospital for a mental health evaluation. See Department policy 41O -
Handling the Mentally Ill.
e. In-Station Incidents: Whenever any detainee attempts or threatens
suicide within the holding facility, the CO shall do the following:
i. Write or cause to be written an incident report.
ii. Prior to the end of the shift, but within twenty-four hours of such
incident, enter the detainee’s name and other required
information into the Criminal Justice Information System (CJIS)
Suicide Risk File.ii
f. If a detainee attempts or threatens suicide while in police custody and is
transferred to another holding facility, the shift CO is responsible to notify
the receiving facility, in writing, of the exact nature of the attempt or
threat. A copy of the suicide risk form shall accompany the detainee to
the next facility and shall be given to the accepting staff.iii (The suicide
risk form is on one of several pages that make up the “booking forms.”)
g. In the event that an individual brought to a hospital or medical facility for
a suicide evaluation is returned to the holding facility for detainment, the
CO shall institute a suicide watch until such time as the detainee is
released from custody or transferred to another agency.
4. Suicide Watch
a. Low Risk suicide watch may include:
i. Awareness of the detainee’s condition and behavior;
ii. Physical checks of the detainee every thirty minutes; and
iii. Periodic audio monitoring of the detainee’s cell.
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b. Medium Risk suicide watch may include, at the CO’s discretion:
i. A heightened awareness of the detainee’s condition and
behavior;
ii. Checks of the detainee every fifteen minutes; and
iii. Periodic audio monitoring of the detainee’s cell.
c. High Risk suicide watch may include, at the CO’s discretion:
i. A high degree of vigilance of the detainee’s condition and
behavior;
ii. Assigning a person to observe the detainee in the cell area; and
iii. Constant monitoring of audio from the detainee’s cell.
5. Supervising/Monitoring Detainee Activities
a. Supervising detainees of the opposite sex [72.8.3]
i. Detainees should be supervised by Department staff of the same
sex as the detainee. When this is not possible, there should be at
least two employees present during all physical contact with
detainee(s) of the opposite sex.
(a) When the cell door remains closed, it is not necessary to
have two employees present when making a simple walk by
check of the cell of a detainee of the opposite sex.
(b) When the cell door is opened for any reason and there is
department personnel dealing with a detainee of the
opposite sex, two department employees shall be present.
If there is no way to have at least two employees, video and
audio monitoring equipment shall not be turned off.
ii. Employees monitoring detainees of the opposite sex shall respect
the detainee’s privacy rights within the limits of facility security. An
approved/qualified female matron shall supervise all female
detainees at the station when a female is being held an extended
period of time.iv
b. Audio and video monitoring
i. Any video monitors and audio listening devices installed in the cell
block areas shall be turned on whenever a person is placed into
one of the cells in the holding facility and shall be left on as long
as anyone is being detained there.
ii. In order to accommodate the personal privacy rights of individuals
held in the facility: [72.8.2]
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(a) When a detainee speaks to his/her attorney, the audio
listening devices will be turned off during the visit. The video
shall remain on and be monitored for the protection of the
attorney and detainee. [72.7.1(c)]
(b) When a detainee is using the toilet facility, the audio and
visual devices may be turned off for a short time if an officer
or other monitor is present to help ensure security and
safety.
c. Cell monitoring equipment is not intended for covert purposes.
B. Medical Care [72.6.1]
1. First Responder
a. No Department employees shall be allowed to go beyond the scope of
their training in administering to the emergency or special medical needs
of any person held in the custody of this Department.
b. An ambulance shall be called when any detainee requests and/or is
deemed in need of medical attention.
c. A log entry shall be created for all medical assistance received by a
detainee.
d. When a detainee is transferred to an area hospital, [s]he shall be
transported by ambulance to the Emergency Room of the
departmentally specified hospital. For further information, see
Department policy 71A - Transporting Detainees.
2. Medication
a. Detainees are permitted to take any necessary medication, over-the-
counter or prescription, specifically prescribed in writing by a licensed
medical provider, provided that the administration of the drugs is
requested by the detainee. [72.6.5]
i. Only the quantity of medication specified by the prescribing
practitioner shall be given to the detainee.
ii. Any medications brought in by a detainee, or given to him/her in
the course of any treatment [s]he may require while in Department
custody, shall be retained with the detainee’s property.
iii. If there is any question concerning the administration of
medications, the CO may either confer by telephone with a
qualified medical physician or pharmacist before administering the
medication, medics may be called, or the detainee may be
transported to the hospital and the medication administered there.
iv. The detainee may only receive the dosage of medication as noted
on the label, and the administering officer must witness the
detainee taking the medication.
v. A written record of any medications administered to a detainee
shall be maintained and submitted with the booking sheets.
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NOTE: G.L. c. 94C, § 9 prohibits the administration of a controlled
substance by non-licensed persons. This policy simply affords a
detainee the opportunity to self-administer prescribed medicine in
accordance with label directions.
C. Handling Violent, Intoxicated, Self-destructive Persons [72.5.4]
1. Detention
a. The priority of police actions in dealing with violent, self-destructive, or
intoxicated detainees is the protection from injury of the police staff,
other detainees, and the detainee him/herself.
b. Segregation or additional restraints shall not involve any other penalty
other than the segregation or restraint. There shall be no abridgment of
rights or privileges that would normally be granted to any other detainee.
c. Any detainee who is uncontrollable due to the influence of alcohol or
drugs, or is violent or otherwise self-destructive, shall, if transportation
or removal to a detoxification or other mental health facility is not
feasible, be placed in a single occupancy cell as deemed appropriate
by the CO. Under no circumstances shall this type of detainee be placed
in a cell occupied by another person.
d. All detainee behavior resulting in segregation, restraint, transfer, or
police response shall be included in an incident report.
e. Such detainee shall be continuously monitored. The detainee’s
behavior should be taped or otherwise captured on video and audio,
and the recording preserved, if the cell is so equipped.
2. In-Cell Restraint
a. If, in the judgment of a CO, a detainee becomes violent or
uncontrollable, the detainee may be restrained while in the cell. Such
restraint may include the use of: (See Department policy 41B – Use of
Force)
i. Handcuffs;
ii. Waist chains;
b. Detainees should not be “hogtied” due to the risk of positional asphyxia.
3. Harmful Conditions
a. Conditions
i. If the suspect displays impaired thinking, disorientation,
hallucinations and/or delusions, intense paranoia, violent and/or
bizarre behavior AND during the arrest exhibited great strength
and/or a diminished sensitivity to pain, the individual may be
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showing signs of excited delirium. Immediately after a struggle,
sudden death may ensue.
ii. Persons suffering from cocaine intoxication, particularly if
additional alcohol is used, are subject to increased blood pressure,
heart rate and body temperature. Sudden death may occur in such
persons.
iii. Psychiatric patients who display hyperthermia (overheating), are in
and out of consciousness and have lumpiness of skeletal muscles
may be suffering from neuroleptic malignant syndrome and may
also be prone to sudden death.
b. Precautions
i. Detainees displaying these symptoms should be checked by
ambulance/medical personnel.
ii. Transport to a medical or mental health facility, if necessary.
iii. Closely monitor and/or assign someone to closely watch the
detainee with video/audio monitoring and/or physical monitoring.
An attempt at physical monitoring must be done without further
exciting the detainee.
4. Transfer of Custody: In cases where the detainee’s actions pose a definite threat
to the safety of the staff, other detainees, the detainee, or the security of the
holding facility, the CO may attempt to make arrangements for transferring
custody of the detainee to the Middlesex Sherriff or to a properly equipped
medical facility.
5. In-Cell Arraignment
a. In the event that detainee’s actions pose a definite threat to the safety
of the staff, other detainees, the detainee, or the security of the holding
facility, or to the public, the supervisor may inquire of the court whether
or not the detainee should be arraigned in the holding cell.
b. Such arraignment may be followed up by a release from custody or
transfer to the Sheriff’s Department.
D. Meals
1. Three meals will be provided to each detainee during each twenty-four hour
period. Meals shall be provided at regular meal times; however, no more than
fourteen hours shall elapse between any meals. [72.7.1(f)]
2. The morning meal should be provided in time to be consumed prior to being
transported to court on any day that court is in session.
3. Detainee meals shall be provided by a vendor designated by the Department.
(A local food establishment will be contacted to prepare the meals. A
Department employee will pick up the meal. A receipt for the meal will be
obtained and the Detainee’s name and associated case number will be written
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on the receipt. The receipt will be placed in the tray for documents for the Office
Manager.)
4. The content of meals shall be designated by the Department and should be
substantial enough to provide adequate nourishment for the detainee.v
5. Any special diet that is required in accordance with treatment prescribed by a
licensed physician will be granted whenever possible, within the parameters of
cost effectiveness and available resources. When reasonable, faith based
dietary restrictions should be respected.
6. Meals and food brought to a detainee by a family member or friend are
discouraged, but may be provided at the discretion of the CO. All meals or food
shall be subject to search prior to being allowed into the holding facility.
7. Eating utensils or plastic containers should not be allowed in the cellblock area.
All containers shall be paper or Styrofoam. [72.4.7]
8. Drinking cups shall be disposable paper or Styrofoam. No common cups shall
be shared among detainees. vi No cups shall be reused.
9. All containers shall be removed from the cell upon completion of the meal and
disposed of in the trash.
Note: Three meals per day will be provided to a detainee who is held for a full 24 hour
period. For detainees held for shorter time periods, a determination will be made
whether or not a meal is provided (i.e. for a quick courtesy booking, or warrant arrest
where the total time of detention will be roughly a couple of hours, a meal may not be
provided). All meals provided to detainees will be placed in his/her cell whether or not
he/she chooses to eat the meal or not.vii
E. Entering Cell Area
1. Generally
a. Except during an emergency, firearms are not allowed in the cell area.
[72.4.1]
b. Whenever an officer closes a cell door to secure a detainee, the officer
shall check the door to ensure that it is securely locked.
c. If any problems in securing a cell door are encountered:
i. The detainee shall be moved to an operational cell;
ii. The cell shall be taken out of service;
iii. The supervisor shall be notified; and
iv. The holding facility manager shall be notified to make
arrangements for repair (Administrative Lieutenant).
2. Occupied Cells
a. An officer or medic may only enter an occupied cell when: [72.4.2]
i. At least one other officer is present; the officer is being actively
monitored by another employee through audio-visual equipment,
or is carrying a panic alarm;
ii. A medical or other emergency exists; or
iii. When releasing a prisoner from custody.
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b. Cells may be entered for the purpose of:
i. Feeding the detainee;
ii. Providing blankets to the detainee;
iii. Removing refuse;
iv. Providing medication;
v. Checking on the status of a sleeping or unconscious detainee;
vi. Conducting medical evaluations;
vii. Restraining the detainee; and
viii. Other necessary law enforcement purposes.
d. Nonessential personnel [72.1.2]
i. Nonessential personnel will generally not be allowed access to the
holding area while any cell in that area is occupied by a detainee.
Escorted access may be authorized by a supervisor.
ii. Repairs or maintenance shall not be conducted in an occupied cell.
iii. Members of the media shall have access to the cell block area only
when the area is unoccupied, unless specifically authorized by the
Chief of Police.
iv. Tour groups shall be allowed in the cell block area only when the
cell block is unoccupied.
v. When nonessential persons are granted access to the detainee
holding area, their presence should not unnecessarily violate a
detainee’s privacy, impede facility operations, or interfere with
future prosecutions.
F. Detainee Visitors [72.8.5]
1. Detainee Visits
a. Generally
i. Person held in police holding facilities do not have a right to visits.
ii. Visits to detainees are discouraged.
iii. No visits shall take place unless authorized by a CO.
b. Approved Visitors
i. Parents or guardians of juveniles may be approved.
ii. An attorney representing the detainee may be approved.
iii. Consular officials (foreign nationals) may be approved.
iv. Immediate family members may be approved.
v. Relatives who are not immediate family or friends of the detainee
do not have visitation rights. It will be the decision of the CO
regarding any special or extenuating circumstances that might
justify such individuals being allowed to visit the detainee.
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c. Visitor Security
i. Visitors must show positive picture identification, preferably a
driver's license;
ii. Visitors must be notified; prior to gaining access to the cellblock
area, that [s]he and his/her belongings are subject to a search
(manual, metal detector, etc.) and, at the discretion of the CO,
submit to such search upon entrance to and exit from the area.
iii. Visitors name, address, and relationship to the prisoner shall be
recorded on the Booking Sheet.
iv. Record both times the visitor enters & exits the cellblock area.
v. An officer shall be in the cellblock area during any visit, except an
attorney's visit with his/her client. All visits will take place in the cell
block. See section F.3 regarding meetings with Counsel [72.8.5]
vi. No personal belongings of visitors (including pocketbooks and
backpacks) are allowed into the cellblock. [72.8.4]
2. Items Left for Detainee
a. Friends and family members may be requested by a detainee to leave a
change of clothing for court, medications, and other personal items.
b. Any mail, packages, or other items to be given to a detainee shall be
examined thoroughly by a police officer before being given to the
detainee. [72.8.4(a)]
c. The CO shall have full authority to prohibit mail, a package, or any item
in a package from being delivered. The following list of items is
authorized: [72.8.4(a)]
i. Clothing and shoes for court;
ii. Medications;
iii. Identification;
iv. Food (see meals, this policy); and
v. Basic Toiletry items (i.e. toothbrush, tooth paste) all of which will
be examined by a police officer prior to allowing the detainee to
use. All items will be handed back to the police officer after use
and will not remain with the detainee. Items will be placed with any
other property belonging to the detainee.
d. A record shall be made of all items received by the detainee in his/her
property record. No item will be given to a detainee without the approval
of the Commanding Officer. [72.8.4(c)]
e. Items not specifically authorized under this policy or allowed by the CO
may not be left for or provided to detainees. [72.8.4(b)]
f. Distribution of items: [72.8.4(d)]
i. Clothing may be exchanged for clothing worn by the detainee.
Detainee shall not have extra clothing in the cell.
ii. Food items may be given to the detainee.
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iii. Medication may be given to the detainee in accordance with this
policy. See Medication in this policy
iv. Other items shall be stored with the detainee’s property unless
otherwise directed by a CO.
3. Access to Counsel
a. Attorneys do not have an absolute right of access to a detainee.
b. Barring a specific right to counsel, attorneys may have access to a
detainee, in the event the four following conditions have been met:
[72.7.1(c)]
i. Approval by a CO; and
ii. The detainee wants to meet with the attorney; and
iii. The operation of the Police Department will not be unduly
disrupted; and
iv. Staffing level is sufficient.
c. Attorneys shall comply with visitor security rules, or they will not be
admitted.
d. An attorney may meet with a detainee in the detainee’s cell or an
interview room, provided: [72.7.1(c)]
i. Audio monitoring devices are turned off in respect to attorney client
privilege;
ii. An officer remains in the general vicinity of the cell or room and,
when possible, out of hearing, but within sight; and
iii. The visit is monitored via video by a Department employee for the
safety of the attorney and detainee.
G. Release/Transfer of a Detainee
1. Bail, Probable Cause Hearings, and Jenkins Hearings: Bail is determined by a
bail commissioner. Probable cause is determined by the Clerk or Assistant Clerk
of Courts. A Jenkins Hearing must be initiated by a Commanding Officer (C.O.)
when anyone arrested without a warrant is being held in custody for more than
24 hours when court is not in session. The C.O. will contact the on call
magistrate and advise the magistrate that a detainee is being held and will be
held for more than 24 hours. The C.O. will advise the magistrate on the facts of
the case, in particular the facts supporting probable cause for the arrest. If the
magistrate finds there is probable cause for continued detention, the arrestee
will be held for the next court session. If a finding of no probable cause is made,
the arrestee must be released. See: Jenkins v. Chief Justice of the District Court
Dep’t. 416 Mass. 221, 619 N.E. 2d 324 (1993). viii For further information see
Department policy 72A – Booking Procedures (section I)
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2. Releasing Detainee [72.5.7]
a. Detainee Identity: Verify which detainee is to be released (if more than
one is being held at the time of release).
b. Positively Identify the Detainee Prior to Release: The releasing officer
shall positively identify that the detainee to be released is, in fact, the
correct detainee. Positive identification may be ascertained from
another employee, or by checking the identification of the detainee
against the description, booking photo, cell number, and booking photo,
etc.
3. Transfer To Another Agency: See Department policy 71A - Transporting
Detainees for procedures to follow when a detainee is transferred to another
agency or to court.
4. Juveniles: See Department policy 44B - Handling Youthful Offenders for
procedures to follow when a juvenile is to be released.
H. Supervising Detainees at the Hospital [70.3.2]
1. Generally
a. Trips outside of the confines of the holding facility present detainees with
an increased opportunity to assault staff members or escape.
Accomplices mixed in with the public may take officers by surprise.
Officers must remain vigilant while supervising detainees at a hospital.
b. CO’s should consider rotating staff through hospital posts every few
hours to relieve boredom and to avoid complacency.
c. CO’s should consider providing officers with a copy of this section of this
policy when detainees are transported to a hospital for treatment.
d. Detainees will be afforded their rights pertaining to the use of a phone as
outlined in M.G.L. Ch. 276 Sec. 33A. Once a detainee has been
afforded the right to use the telephone the officer should consider the
removal of a phone from the hospital room. See Department policy 72A
– Booking Procedures [70.3.2] ix
2. Transportation
a. The dispatcher shall log an incident for detainees transported to a
hospital.
b. See Department policy 71A - Transporting Detainees
3. Accountability
a. Detainees brought to a hospital for a mental health evaluation shall
remain the responsibility of the transporting officer until such time that
custody is transferred to the receiving hospital’s personnel.
b. Detainees brought to a hospital under arrest shall remain the
responsibility of the supervising officer(s) until relieved by another
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officer, the custody of the detainee is transferred to another entity, the
detainee is bailed, or the detainee is returned to the holding facility.
4. Notification of Hospital Police/Security
a. When a detainee is transported to a hospital, the dispatcher or another
Department member shall notify the hospital police or security.
b. If there are any unusual risks or circumstances, the hospital police or
security shall be advised of that as well.
5. Security of Detainee
a. Violent or high security risk detainees should be accompanied by more
than one officer while at the hospital, at the discretion of a supervisor.
b. Officers may employ a higher level of security and vigilance for such
detainees than is presented in this policy.
c. The detainee shall remain restrained while at the hospital unless the
removal of restraints is required for medical reasons. The following
restraints are acceptable:
i. Detainee handcuffed with hands in front and hands together;
ii. Detainee handcuffed one hand to the bed, stretcher or gurney; and
iii. Leg restraints.
d. The monitoring officer shall remain in the area of the detainee at all times,
unless medical necessity dictates otherwise. In such an event, the
officer should attempt to remain in a position to monitor the detainee as
best (s) he can to prevent the escape of the detainee. All personal
contacts shall be monitored.
e. The monitoring officer must remain alert for others who may assist the
detainee in escaping or harm the detainee.
f. The monitoring officer must be aware of potential weapons in the
immediate are of the detainee.
g. When staffing permits, officers who are the same sex as the detainee
should be used for monitoring. Matrons should be called if needed to
monitor a female detainee.
6. Emergency Treatment
a. The supervising officer shall accompany the detainee through
registration and triage. His/her knowledge may be helpful to medical
staff in evaluating the detainee’s claims of sickness or injury.
b. The officer should make periodic inquiries as to the progress of the
evaluation and treatment, and keep the CO up to date for the purpose
of planning for staffing.
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7. Admittance
a. In the event that the detainee is admitted, the officer should request that
the detainee be placed in a private room for security purposes and the
safety of other patients and staff members. A private bathroom with a
single door is desirable.
b. Advise the dispatcher of the nature of the situation, room number, room
telephone number and estimated length of in-patient treatment.
c. The dispatcher shall relay this information to the CO and the hospital
police or security department.
d. The officer shall sweep the interior of the room, closets, and bathroom
for unnecessary objects and/or potential weapons within reach of the
detainee.
e. The officer must remain in the room or just outside of the room, but
always within site of the detainee.
8. Eating
a. The officers should advise hospital staff that if the detainee is to be fed,
the preferred dinnerware will be flexible, disposable plastic. Drinking
cups should be disposable plastic or paper. If plastic ware is not
available officers shall monitor the issuance and removal of
dinnerware/utensils for safe removal. [70.3.2]
b. The officer should visually inspect any meals or beverages prior to their
being given to the detainee.
9. Bathroom
a. The bathroom should be checked for potential weapons or routes of
escape prior to being used by the detainee.
b. If the bathroom is shared with an adjoining room, the door for the other
room should be locked prior to being used by the detainee. If the door
locks from the inside only, the adjoining room door should be locked and
the detainee’s door should remain open. The officer may be mindful of
the detainee’s privacy, but must remain vigilant for signs of the
detainee’s using the other door to escape.
c. The detainee may be unrestrained, if necessary, to use the bathroom.
The officer shall stay within sight/sound of the detainee.
d. If the detainee needs assistance in using the bathroom, hospital staff
must assist the detainee. The armed officer should not lift or steady the
detainee.
10. Visitors
a. Detainees are under arrest and in police custody.
b. The visitation policy that applies to the holding facility applies to the
hospital as well. Refer to section F; Detainee Visitors (including access
to council) of this policy for proper guidelines. [70.3.2]
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c. Visitors must show positive picture identification, preferably a driver's
license. Once identification has been confirmed the officer shall relay
the information to dispatch for entry into the initial journal note.
11. Bail or Arraignment
a. In the event that a detainee will be admitted to a hospital for an extended
period of time, the CO may consider arranging for the bail process of
the detainee take place at the hospital and will discuss such issues with
the bail commissioner.
b. The CO may also request that the court arraign the detainee at the
hospital (the Middlesex District Attorney’s Office shall be consulted
before this occurs).
12. Release: Upon release of the detainee from the hospital, the supervising
officer shall:
a. Obtain any prescriptions and dosage instructions;
b. Obtain any instructions for care of the detainee, including follow-up
visits, while in custody;
c. Advise the dispatcher of the release from the hospital and the return trip
to the holding facility (police station);
d. Transport the detainee back to the holding facility;
e. Return the detainee to the holding cell;
f. Brief the CO on any medications, care, or return visits while in custody,
and create written instructions for subsequent shifts, if necessary; and
g. Have the dispatcher annotate the return time in the log.
I. Receiving Persons from Outside Agencies [72.5.5]
1. M.G.L. c. 40 §37 requires that “lockups shall at all reasonable hours be
accessible to the state police, sheriffs, constables and police officers for any
legal and proper use.” x
2. Detainees may be held for other agencies. For information on detainee intake,
see Department policy 72A - Booking Procedures
3. Unless bailed, released, or transferred, detainees shall be returned to the
custody of the delivering agency.
4. For further information, see Release/Transfer of Detainees in this policy
(Section G).
J. Escapes
1. In the event of an escape of a detainee from the department's holding facility:
[72.4.10]
a. The dispatcher shall immediately broadcast to all patrol units the name
and a description of the escapee, the estimated time of escape, whether
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Policy & Procedure Page 16 of 17
armed, whether on foot or in a vehicle, the possible direction of travel,
and any other pertinent information.
b. An immediate search shall commence under the direction of the CO and
the patrol supervisor (if staffed). The use of a K-9 should be considered.
c. The dispatcher should consider contacting local cab companies to
inquire if requests have been made for pick-ups and to alert them for
possible fares.
d. The dispatcher shall then broadcast the same information to other area
departments and agencies over the radio system.
e. As soon as possible, a message shall be sent over the CJIS system,
advising other police departments and police agencies of the situation.
2. Should the escapee be caught, the dispatcher shall notify other law enforcement
agencies of this fact through the appropriate communications channels.
i M.G.L. c. 40, §36B.
iiM.G.L. c. 40, §36A.
iii M.G.L. c. 40, §36A.
iv M.G.L. c. 147, §19.
vM.G.L. c. 40, §34.
vi 105 CMR 470.150; 151.
There is no footnote vii in this policy, unable to remove this space
viii Jenkins v. Chief Justice of the District Court Dep’t. 416 Mass. 221, 619 N.E. 2d 324 (1993)
ix M.G.L. c. 276, §33A.
x M.G.L c. 40, §37: “…and a keeper thereof neglecting to keep it so accessible, or refusing to
said officers the use of the same, shall be punished by a fine of not less than five nor more
than twenty doll
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Policy & Procedure Page 17 of 17
Dispensing Pharmaceuticals Log [72.6.5]
Name: _______________________________________ Case #:_______________
Date Time Medication Dosage/Amount Witness Badge #
***This Sheet will Accompany Detainee Booking Sheets***