72B-Detainment of Prisoners, including bail procedures - 2019

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72B-Detaining Prisoners, Including Bail Policy & Procedure Page 11 of 17 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)