0870.25, Temporary Detention Areas in Police Facilities
Refer:
- DIR 0060.00, Standard Operating Procedures
- DIR 0410.00, Injuries/Occupational Illness/Disability/LOS
- DIR 0640.70, Fingerprinting and Photographing Juveniles
- DIR 0660.10, Property and Evidence Procedures
- DIR 0850.30, Temporary Detention and Custody of Juveniles
- Juvenile Secure Custody Log (Intranet)
Definitions:
- Contamination: When a space or area in a facility becomes unsanitary due to the presence of bodily fluids or exposure to communicable diseases (e.g., Staph/Methicillin-resistant Staphylococcus Aureus [MRSA], blood borne and respiratory infections, etc.).
- Holding Room: A room used to temporarily hold a subject while a member completes a preliminary investigation prior to interviewing a subject, verifying a subject’s identification, issuing a citation, booking the subject, or completing other tasks related to a detention or arrest.
- Specially Designated Area: A secure area of a precinct/division that includes the immediate vicinity of holding rooms and intoxilyzer rooms. This does not include adjacent hallways or walkways, or movements through such areas for purposes other than accessing a holding or intoxilyzer room. In some Bureau facilities, the specially designated area is the holding room itself.
- Juvenile Status Offender: A juvenile who is charged with or who has committed an offense that would not be criminal if committed by an adult (e.g., truancy, curfew, runaway, possession and/or consumption of tobacco products and/or alcohol), yet may be taken into protective custody for purpose of reuniting the juvenile with a parent, guardian, or other responsible person.
Policy:
1. This directive establishes procedures for managing temporary detentions in Portland Police Bureau facilities.
2. The Portland Police Bureau recognizes its responsibility to protect the safety and health of the persons members take into temporary custody. The Bureau shall routinely decontaminate vehicles and specially designated areas to provide a clean and healthy environment for both subjects, and Bureau members.
Procedure:
1. Member Responsibilities When Temporarily Detaining a Subject.
1.1. Arresting members shall:
1.1.1. Restrict all subjects transported to a precinct/division to the specially designated area. Members may escort subjects through other secure areas of the police facility to access specially designated areas, when necessary.
1.1.2. Ensure subjects are handcuffed with their hands behind their back or handcuffed to a fixed object intended for that purpose at all times while in the specially designated area, unless directed otherwise by a supervisor or detective.
1.1.2.1. Members may briefly secure a subject’s handcuffs in the front of the body when necessary for the subject to use the phone or restroom facilities.
1.1.2.2. Members may remove handcuffs from a cooperative subject when performing a field sobriety test or a drug recognition evaluation. Members shall not remove handcuffs if the subject is aggressive and/or non-compliant.
1.1.3. Inspect the holding room for hazards and contraband prior to placing the subject in it.
1.1.3.1. Members shall document the discovery of any hazards or contraband and take appropriate action to remove the item(s).
1.1.4. Search and remove all non-essential property from the subject prior to placing the subject in the holding room. This includes, but is not limited to, objects that a subject may use as a weapon, a means of escape, or to cause for self-harm (e.g., shoelaces).
1.1.4.1. If booking the subject, members shall transport all personal property to booking, unless the property is placed in the property room, due to size, found property, or evidence.
1.1.4.2. If citing and releasing the subject, members shall return all personal property upon release.
1.1.5. Remove firearms and ammunition from their person in accordance with precinct/division Standard Operating Procedures (SOPs) prior to entering the specially designated area. The Bureau prohibits firearms and ammunition in these areas, except in exigent circumstances.
1.1.6. Write the day’s date, the time, the subject’s name, and the arresting member’s name on the board outside the holding room.
1.1.7. Complete the subject entry in the sign in/out log. Precincts/Divisions shall maintain logs in the specially designated area to document when subjects enter and exit holding rooms.
1.1.7.1. Members shall make an entry for each subject placed in a holding room, regardless of length of stay. Each log entry must contain the following information:
1.1.7.1.1. The name of the member responsible for the subject,
1.1.7.1.2. The name of the subject,
1.1.7.1.3. The date and time the subject was placed into and removed from the holding room, and
1.1.7.1.4. Confirmation that the member searched the holding room after the removal of the subject.
1.1.8. Ensure a sworn member monitors the subject, in person or by video feed, at all times. This requires the following:
1.1.8.1. When monitoring in person, maintaining a sworn member in the specially designated area or immediately adjacent areas of the police facility when a subject is present.
1.1.8.1.1. The responsible member shall not leave the specially designated area or immediately adjacent areas of the police facility until another sworn member is present and they are able to delegate their monitoring subject responsibility.
1.1.8.2. Members shall check the welfare of the subject by, at a minimum, viewing the subject through the holding or intoxilyzer room window or by video feed every 15 minutes or more frequently, if needed (e.g., medical need).
1.1.9. Report any contamination to a precinct/division shift supervisor and follow the precinct/division SOP regarding contamination of vehicles and specially designated areas.
1.1.10. Document any exposure to contamination in the Injury Log (e.g., contact with broken skin, mucous membranes [in the nose, mouth, or eyes], or puncture wounds), if applicable.
1.2. Juvenile Detainees.
1.2.1. The Bureau prohibits the placement of juvenile status offenders in holding rooms; however, members may place other juveniles in holding rooms in accordance with the procedures set forth in this section.
1.2.1.1. Members may hold juvenile status offenders in a non-secure area of a precinct/division for processing while awaiting transportation.
1.2.2. Members shall document the juvenile’s information and disposition in the Juvenile Secure Custody Log form.
1.2.3. If detaining a juvenile, members shall place the person in a holding room separate from adults.
1.2.3.1. Members shall ensure that juveniles are not in sustained contact with adult subjects. This does not include brief and/or inadvertent contact.
1.2.4. Members shall not detain juveniles in a police precinct for more than five hours.
1.2.5. Members shall refer to Directive 0850.30, Temporary Detention and Custody of Juveniles, for additional guidance on holding juveniles.
2. Supervisor Responsibilities.
2.1. Ensure signs prohibiting members from carrying their firearms and ammunition are visible in the specially designated areas.
2.2. Ensure members are not in the specially designated areas with any firearms and ammunition.
2.3. Ensure precincts/divisions maintain sign-in/out logs.
2.4. Ensure members follow the procedures for juveniles described in Section 1.2.
2.5. Ensure members follow the precinct/division SOPs regarding contaminated vehicles and specially designated areas.
2.6. Address member medical needs regarding exposure to actual or potential contamination and communicable diseases.
3. Responsibility Unit (RU) Manager Responsibilities.
3.1. Develop and maintain an SOP in accordance with Directive 0060.00, Standard Operating Procedures, prohibiting members from carrying their firearms and ammunition in specially designated areas and outlining options for securing these items.
3.2. Develop and maintain an SOP for cleaning vehicles and specially designated areas that have a presence of bodily fluids, or that have been exposed or potentially exposed to communicable diseases.
3.2.1. To help minimize and prevent the spread of communicable diseases, the SOP may provide supplemental guidelines, in addition to the following requirements, in the event of contamination:
3.2.1.1. Treat the contamination as a bio-hazard and take appropriate safety precautions such as wearing personal protective equipment (e.g., gloves, safety glasses, medical face masks) to treat contaminates or to secure the contaminated area.
3.2.1.2. Secure the contaminated area by sealing it from use with a biohazard warning until the area can be properly decontaminated.
3.2.1.3. How to properly sanitize an area or request decontamination of a secured contaminated area.
3.2.1.4. Notify a precinct/division shift supervisor of a contaminated area and the measures taken to secure the area (e.g., sealed with biohazard warning).
3.2.1.4.1. Members shall not use an area deemed a biohazard until properly decontaminated.
3.2.1.5. Instruct members to document exposure to contamination in the Injury Log, if applicable.
3.2.2. Designated personnel shall not clean a holding room when occupied by a subject.
3.3. Ensure SOPs are accessible in the specially designated areas.
Effective: 12/15/2022
Next Review: 12/15/2024