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 persons in custody.
Supervision
Officer in Charge notification mandatory:
o when transporting a person in custody who requires priority in booking
o when a person in custody requires medical attention
o upon arrival at a police station with a person in custody
o when entering or leaving a detention facility with a person in custody
o when receiving a person for lodging in police cells
o when in doubt regarding the contents of the medication container, or if the persons in custody requests medication in excess of the prescribed dosage, or if the person in custody exhibits signs of alcohol or drug consumption
o if Booking Hall System (BHS) or Detention Area Monitoring System (DAMS) equipment malfunctions
Audio/video equipment has been installed in central lockups and booking halls…
- to monitor and record the condition of persons in police custody and Service members
- to ensure their safety
- for court purposes.
Under no circumstances SHALL a member
obstruct the view of the camera while it is recording, or tamper with any video storage media.
Interview rooms are not to be used as police cells except as outlined in 01-02 Appendix C. They SHALL be used only for the _____ The Officer in Charge SHALL ensure that applicable sections of this Procedure relating to the care and handling of persons in custody is applied to all persons while ____
processing and interviewing of persons in custody, victims or witnesses.
detained in the police facility regardless of location (e.g. police cells, interview rooms).
Accused Young Persons
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.
Property of Persons in Custody
In order to maximize the safety of persons in custody 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 person in custody:
- 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
With respect to assistive/prosthetic devices, comply with the Duty to Accommodate sections below
When handling an item of religious significance, the item SHALL be _____. The decision to permit the retention of religious or personal items rests with the ____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.
treated with respect and handled appropriately in compliance with Procedure
Officer in Charge
Duty to Accommodate Persons with Disabilities
The Service has a duty to accommodate persons with disabilities under the _____ Therefore, persons with a disability requiring the aid of an assistive device should be permitted to keep their device while in custody.
Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act.
When required, any infringement of a person’s right to be accommodated must be ______ Assessments regarding the removal of an assistive device SHALL be made on a _____ 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).
minimal in nature, and no more than is necessary to achieve the desired objective.
case-by-case basis. When making an assessment,
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
Members must be mindful at all times of their legislative duty to accommodate persons with disabilities. When it is determined that a person with a disability(ies) cannot be accommodated while in custody, members must _____Members should be cognizant that persons requiring the aid of an assistive device may have an ____
clearly articulate the reasons for the determination in their memorandum book including all accommodation options considered.
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.”
The Service acknowledges its obligation and responsibility, short of undue hardship, to accommodate self-identified trans or gender diverse persons. Members must be mindful when handling personal items of trans or gender diverse persons such as but not limited to, _____ 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. The decision to permit the retention or prosthetic devices and other personal items that support their gender identity and expression rests with the ____ and will be to the point of undue hardship.
clothing, makeup, and other items that express/affirm gender identity, including prosthetic devices.
Officer in Charge
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
- 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
o prevent the escape of a person in custody
o control the violent activities of a person in custody - not leave the persons in custody unattended
- 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.
- allow one (1) person in custody per vehicle (wagons excepted), when possible, comply with Appendix E when transporting trans person
- permit only those police officers involved in the investigation inside the vehicle with an arrested person
- ensure persons in custody and civilians (e.g. witnesses) are not transported in the same police vehicle
- prior to departure, advise the communications operator of the destination, the gender identity and age of the person, and the odometer reading
- prior to departure advise the Communications Operator of the destination, age of the person and the odometer reading
- advise the communications operator of the odometer reading upon arrival
- When requested by another member to transport a person in custody to a police station SHALL
- record the following information in the memorandum book
o arresting officer’s name
o reason for the arrest and continued detention
o requesting member’s name, badge number, rank and unit
o person’s name and charge
o any other pertinent information relating to the person or to the arrest
o 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
When transporting a person in custody 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 person in custody is being transported
- attend the station and book the persons in custody as soon as practicable
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
Upon arrival at a police station with a person in custody SHALL
- request entry
- escort the person into the facility
- read the posted TPS 191 to the person while the BHS is recording
- take the person before the Officer in Charge
- advise the Officer in Charge of
o the reasons for the arrest
o the reasons for continued detention
o any other pertinent information relating to the person or to the arrest including, but not limited to
known or suspected suicidal tendencies
violent tendencies
serious medical conditions
assistive devices
safety concerns
injuries
emotional disturbance, any known mental illness or developmental disability
medication, or whether any medication has been administered
impairment due to alcohol or drugs - to ensure the safety of the person and to prevent injury or escape, remove and secure personal property from the persons in custody
Prior to lodging a person in police cells SHALL
- take the person before the Officer in Charge and advise of any pertinent information relating to the person or to the arrest including, but not limited to
o known or suspected suicidal tendencies
o violent tendencies
o serious medical conditions
o assistive devices
o safety concerns
o injuries
o emotional disturbance, any known mental illness or developmental disability(ies)
o medication, or whether any medication has been administered
o impairment due to alcohol or drugs
When leaving or returning to a detention facility with a person in custody SHALL
advise the Officer in Charge and enter and exit only via the booking hall.
Where a person in custody exhibits violent behaviour, or threatens or attempts suicide, and it is believed that the person’s Master Name Index (MNI) and Criminal Numerical Index (CNI) file should include a “caution flag” SHALL
- add the information to the Remarks field in the person’s MNI
- Records Management Services – Operations (RMS–Ops) will receive and add the applicable information to CPIC
- submit a TPS 227, if applicable