01-03 Persons in Custody Flashcards
What is the Rationale?
The Service has a responsibility to ensure the safety of all persons who come into police custody and the safety of Service members. To ensure a reasonable level of safety, this Procedure sets out the standards of care for the transportation, booking, lodging and monitoring of prisoners.
Supervision
Officer in Charge notification mandatory:
when transporting a prisoner who requires priority in booking
when a person in custody requires medical attention
upon arrival at a police station with a person in custody
when entering or leaving a detention facility with a person in custody
when receiving a person for lodging in police cells
when in doubt regarding the contents of the medication container, or if the prisoner requests medication
in excess of the prescribed dosage, or if the prisoner exhibits signs of alcohol or drug consumption
if Booking Hall System (BHS) or Detention Area Monitoring System (DAMS) equipment malfunctions
the reasons Audio/video equipment has been installed in central lock–ups and booking halls?
to monitor and record the condition of persons in police custody and Service members
to ensure their safety
for court purposes.
Audio/video equipment has been installed in central lock–ups and booking halls - Under no circumstances SHALL a member…
obstruct the view of the camera while it is recording, or tamper with any video storage media.
Audio/video equipment has been installed in central lock–ups and booking halls - when accessing, storing, viewing or duplicating any electronically recorded material members SHALL comply with:
Procedure 12–08 (NIP)
Audio/video equipment has been installed in central lock–ups and booking halls - A member SHALL NEVER apply a ____________ to any videotape, DVD/CD and/or the associated storage case.
police seal or other similar device
Audio/video equipment has been installed in central lock–ups and booking halls - Interview rooms are not to be used as…
police cells, They SHALL be used only for the processing and interviewing of prisoners, victims or witnesses.
Audio/video equipment has been installed in central lock–ups and booking halls - The Officer in Charge SHALL ensure that applicable sections of this Procedure relating to _________ is applied to all persons while detained in the police facility regardless of location (e.g. police cells, interview rooms).
the care and handling of persons in custody
A young person under eighteen (18) years of age may be lodged in a divisional cell only…
to prevent injury or to protect others from aggressive behaviour and
when there is no adult present in the cells, OR
when there is an adult present in the cells and there is adequate space to isolate the young person from the adult.
In order to maximize the safety of prisoners held in police custody and the Service members assigned to their care, it is the practice of the Toronto Police Service that the following property be removed from every prisoner:
valuable property
evidence
implements of escape
offensive weapons as defined in the Criminal Code
items which could be used as a ligature including belts, ties, and shoelaces
items which could be used to cause damage to property including matches, lighters, combs, keys and other sharp
objects
prescription and over the counter medications
tobacco products
the practice of the Toronto Police Service that the following property be removed from every prisoner - With respect to assistive/prosthetic devices, comply with the Duty to Accommodate sections:
When handling an item of religious significance the item SHALL be treated with respect and handled appropriately in compliance with Procedure 01–02, Appendix D.
The decision to permit the retention of religious or personal items rests with the…
Officer in Charge based on an evaluation of the associated safety risks.
Persons released from custody SHALL have their property…
inventoried on camera as it is returned to them.
Duty to Accommodate Persons with Disabilities - The Service has a duty to accommodate persons with disabilities under the…
Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act.
Duty to Accommodate Persons with Disabilities - persons with a disability requiring the aid of an assistive device should be permitted to…
keep their device while in custody.
Duty to Accommodate Persons with Disabilities - When required, any infringement of a person’s right to be accommodated must be…
minimal in nature, and no more than is necessary to achieve the desired objective.
Duty to Accommodate Persons with Disabilities - Assessments regarding the removal of an assistive device SHALL be made on a …
case-by-case basis.
Duty to Accommodate Persons with Disabilities - When making an assessment, members SHALL take into consideration all…
risk factors, including those contained in Procedure 01–02, Appendix B. Members SHALL also consider all available accommodation options when making their assessment (e.g. placing the person in a cell by themselves).
Duty to Accommodate Persons with Disabilities - The determination regarding the removal of a person’s assistive device while they are in custody SHALL be reassessed…
should circumstances regarding their custody change.
Duty to Accommodate Persons with Disabilities - Members must be mindful at all times of their ________ to accommodate persons with disabilities.
legislative duty
Duty to Accommodate Persons with Disabilities - When it is determined that a person with a disability cannot be accommodated while in custody…
members must clearly articulate the reasons for the determination in their memorandum book including all accommodation options considered.
Duty to Accommodate Persons with Disabilities - Members should be cognizant that persons requiring the aid of an assistive device may have an…
emotional as well as physical attachment to the device and SHALL treat assistive devices with respect at all times.
Duty to Accommodate Gender Identity and Gender Expression - Section 1 of the Ontario Human Rights Code states:
“Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability.”
Duty to Accommodate Gender Identity and Gender Expression - The Service acknowledges its obligation and responsibility, short of undue hardship, to accommodate…
self-identified trans or gender diverse persons.
Duty to Accommodate Gender Identity and Gender Expression - Members must be mindful when handling personal items of trans or gender diverse persons such as but not limited to…
clothing, makeup, and other items that express/affirm gender identity, including prosthetic devices.
Duty to Accommodate Gender Identity and Gender Expression - These personal items SHALL be treated with…
respect and handled appropriately in compliance with 1.9.2 Standards of Conduct and Procedure 01-02 Appendix C and Appendix E of this procedure.
Duty to Accommodate Gender Identity and Gender Expression - The decision to permit the retention or prosthetic devices and other personal items that support their gender identity and expression rests with…
the Officer in Charge and will be to the point of undue hardship.
Duty to Accommodate Gender Identity and Gender Expression - Assessments regarding the retention of gender-affirming personal articles including gender-affirming prosthetics SHALL be made on a…
case by case basis complying with 1.9.2 Standards of Conduct considering all risk factors, including those contained in 01-02 Appendix B, 01-02 Appendix C and Appendix E. All available accommodation options SHALL be considered when making an assessment.
Member – Court Services In addition to the applicable items in this Procedure and its Appendices, Court Services personnel SHALL comply with…
the unit–specific policies relating to the care, handling and transportation of prisoners in Court Cells.
Member - When transporting a person in custody SHALL - using only those handcuffs, leg irons and other restraining devices authorized by the Chief of Police, place the person in handcuffs using the approved manner and utilize the double–lock mechanism where possible in order to…
prevent the escape of a person in custody
control the violent activities of a person in custody
Member - When transporting a person in custody SHALL - when handcuffs are not used…
be prepared to justify this decision
Member - When transporting a person in custody SHALL - Keeping in mind officer and public safety, officers may use discretion when…
determining whether to handcuff an individual as it may not be practical or necessary in all circumstances (e.g. due to a person’s medical condition, age, disability, pregnancy, or frailty)
Member - When transporting a person in custody SHALL - not leave the prisoner
unattended
Member - When transporting a person in custody SHALL - place the person in the rear of the police vehicle, Where the police vehicle has no screen…
the person SHALL be placed in the right rear seat. If an escort is available, the escort SHALL occupy the left rear seat.
Member - When transporting a person in custody SHALL - allow ________ per vehicle (wagons excepted), when possible, comply with _______ when transporting trans person
one (1) prisoner, Appendix E
Member - When transporting a person in custody SHALL - permit only those ________ inside the vehicle with an arrested person
police officers involved in the investigation
Member - When transporting a person in custody SHALL - ensure __________ are not transported in the same police vehicle
prisoners and civilians (e.g. witnesses)
Member - When transporting a person in custody SHALL - prior to departure, advise the…
communications operator of the destination, the gender identity and age of the person, and the odometer reading
Member - When transporting a person in custody SHALL - advise the communications operator of the ______ upon arrival
odometer reading
Member - When transporting a person in custody SHALL - When requested by another member to transport a person in custody to a police station SHALL:
record the following information in the memorandum book
arresting officer’s name
reason for the arrest and continued detention
requesting member’s name, badge number, rank and unit
person’s name and charge
any other pertinent information relating to the person or to the arrest
provide the requesting member with their name, rank, badge number and unit
Police Officer - When a non–violent person is taken into custody for being intoxicated SHALL process the person in compliance with
Procedure 03–05 (NIP), whenever possible
Police Officer - When transporting a prisoner who, due to their mental, physical or emotional condition, requires priority in booking and processing to decrease the likelihood of a confrontation, health or safety risk SHALL…
request the communications operator to notify the Officer in Charge of the station to which the prisoner is being transported
attend the station and book the prisoner as soon as practicable
Police Officer - When a person in custody requires medical attention due to illness, injury or intoxication SHALL
if necessary, and if qualified in standard first aid and CPR, perform first aid and/or CPR on the person, as required
transport the person to the nearest hospital if safe to do so, or request the attendance of Toronto Paramedic
Services (Paramedics)
notify the Officer in Charge
comply with Procedure 03–06, if applicable
comply with Procedure 06–11, if applicable
comply with Procedure 15–02, if applicable ALL (NIP)