900 Temporary Custody Of Adults Flashcards

1
Q

900.1 PURPOSE AND SCOPE

This policy provides guidelines to address the health and safety of adults taken into temporary custody by members of the Berkeley Police Department for processing prior to being released or transferred to a housing or other type of facility.

Temporary custody of juveniles is addressed in the Temporary Custody of Juveniles Policy. Juveniles will not be permitted where adults in custody are being held.

Custodial searches are addressed in the Custodial Searches Policy.

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Policy

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2
Q

900.2 DEFINITIONS

Definitions related to this policy include:

Jail -

The jail proper, pedestrian sally ports, vehicle sally port, and public detainee visiting rooms associated with the Berkeley City Jail.

Jail Supervisor -

A supervising Community Services Officer assigned to the Jail.

Jailer -

A Community Service Officer or Jail Supervisor assigned to custody management responsibilities within the Jail.

Holding cell/cell -

Any locked enclosure for the custody of an adult or any other enclosure that prevents the occupants from being directly visually monitored at all times by a member of the Department.

Safety checks -

Direct, visual observation by a member of this department performed at random intervals, within time frames prescribed in this policy, to provide for the health and welfare of adults in temporary custody.

Temporary custody -

The time period an adult is in custody at the Berkeley Police Department prior to being released or transported to a housing or other type of facility.

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Jail definitions

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3
Q

900.3 POLICY

The Berkeley Police Department is committed to keeping adults safe while in temporary custody at the Department. Adults should be in temporary custody only for as long as reasonably necessary for investigation, processing, transfer or release.

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Policy

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4
Q

900.4 CHAIN OF COMMAND

The Jail is administered by the following chain of command (in descending order):

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1) The Chief of Police, Support Services Division Captain, Support Services Bureau Lieutenant, Jail Sergeant, and the Jail Supervisor.
2) In the absence of the Support Services Bureau Lieutenant and Jail Sergeant, the Watch Commander and ranking Patrol Sergeant, respectively, will fulfill the corresponding responsibilities in the Jail’s chain of command.

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5
Q

900.5 GENERAL CRITERIA AND SUPERVISION

No adult should be in temporary custody for longer than 96 hours, excluding holidays.

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Policy

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6
Q

900.5.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY

Individuals who exhibit certain behaviors or conditions should not be in temporary custody at the Berkeley City Jail, but should be transported to the Alameda County Jail, a medical facility, or another type of facility as appropriate. These may include:

A) Any individual who is unconscious or has been unconscious while being taken into custody or while being transported.

B) Any individual who has a medical condition that will require medical attention while in temporary custody.

C) Any individual who is seriously injured.

D) Individuals who are a suspected suicide risk (see the Mental Illness Commitments Policy).
1) If the officer taking custody of an individual believes that he/she may be a suicide risk, the officer shall ensure continuous direct supervision until evaluation, release, or a transfer to an appropriate facility is completed (15 CCR 1030).

E) Individuals who are obviously in crisis, as defined in the Crisis Intervention Incidents Policy.

F) Individuals who are under the influence of alcohol, a controlled substance, or any substance to the degree that may require medical attention, or who have ingested any substance that poses a significant risk to their health, whether or not they appear intoxicated.

G) Any individual who has exhibited extremely violent or continuously violent behavior including behavior that results in the destruction of property or demonstrates an intent to cause physical harm to him/herself or others (15 CCR 1053; 15 CCR 1055).

H) Any individual who claims to have, is known to be afflicted with, or displays symptoms of any communicable disease that poses an unreasonable exposure risk (15 CCR 1051). For example, turburculosis (TB), body lice, scabies, or any other disease that could be transmitted to other detainees, jail staff, or others employed in the Public Safety Building.

I) Any individual with a prosthetic or orthopedic device where removal of the device would be injurious to his/her health or safety.

J) Any individual who is obviously developmentally disabled (15 CCR 1057). Detainees who are developmentally disabled shall be transported to Santa Rita Jail.

K) Any individual who appears to be a danger to him/herself or others due to a mental disorder, or who appears gravely disabled (15 CCR 1052).

L) Any individual who needs restraint beyond the use of handcuffs or shackles for security reasons (15 CCR 1058).

M) Any individual obviously suffering from drug or alcohol withdrawal (15 CCR 1213).

N) Any detainee who was exposed to the primary effect of a Conducted Energy Device (CED) three or more times in the course of his/her apprehension will not be accepted (i.e., pre-booked, booked or detained within) into the Jail. Instead, the detainee shall be sent for a medical evaluation and, if deemed fit for incarceration, shall be transported and booked into an alternative custodial facility.

O) Any detainee with a permanent physical disability or condition who is unable to transport themselves with, or be transported via, mechanical means (i.e., wheelchair, crutches, etc.) may be directed to another detention facility for incarceration, at the discretion of the on-duty Jail Supervisor.

Officers taking custody of a person who exhibits any of the above conditions should notify a supervisor of the situation. These individuals should not be in temporary custody at the Berkeley City Jail unless they have been evaluated by a qualified medical or mental health professional, as appropriate for the circumstances.

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Policy

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7
Q

900.6 SUPERVISION IN TEMPORARY CUSTODY

An authorized department member capable of supervising shall be present at all times when an individual is held in temporary custody. The member responsible for supervising should not have other duties that could unreasonably conflict with his/her supervision. Any individual in custody must be able to summon the supervising member if needed. If the person in custody is deaf or hard of hearing or cannot speak, accommodations shall be made to provide this ability (15 CCR 1027).

At least one female department member shall be available when a female adult is in temporary custody. In the event that none is readily available, the female in custody should be transported to another facility or released pursuant to another lawful process (15 CCR 1027).

Absent exigent circumstances, such as a medical emergency or a violent subject, members should not enter the cell of a person of the opposite sex unless a member of the same sex as the person in custody is present (Penal Code § 4021).

No individual in custody shall be permitted to supervise, control or exert any authority over other individuals in custody.

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Jail supervision Policy

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8
Q

900.7 STAFFING PLAN

The Chief of Police or their designee shall ensure a staffing plan is prepared and maintained, indicating assigned personnel and their duties. The plan should ensure that at least one member who meets the training standards established by the Board of State and Community Corrections (BSCC) for general fire- and life-safety and is trained in fire- and life-safety procedures relating specifically to the facility is on-duty at all times (15 CCR 1028).

The staffing plan shall be available for biennial review by BSCC staff. The review and recommendations of the BSCC biennial review shall be forwarded to the City, as required by 15 CCR 1027.

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Jail staffing plan Policy

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9
Q

900.8 ENTRY RESTRICTIONS

Entry into any location where a person is held in custody should be restricted to:

1) Authorized members entering for official business purposes.
2) Emergency medical personnel when necessary.
3) Any other person authorized by the Jail Supervisor.

When practicable, more than one authorized member should be present for entry into a location where a person is held in custody for security purposes and to witness interactions.

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Jail entry restrictions Policy

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10
Q

900.9 “FIT FOR INCARCERATION” CLEARANCE

A detainee may only be deemed “Fit for Incarceration” by a medical or mental health professional. Detainees who require such clearance prior to being accepted into the Jail, include, but are not limited to:

  • A detainee who suffered a major injury or illness prior to arrival at the Jail.
  • A detainee who was exposed to the primary effect of a Conducted Energy Device (CED) less than three times.
  • A detainee who was sent for a W&I 5150 evaluation.
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Fit for incarceration Policy

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11
Q

900.10 INITIATING TEMPORARY CUSTODY

The jailer booking the detainee into temporary custody should evaluate the person for any apparent chronic illness, disability, vermin infestation, possible communicable disease or any other potential risk to the health or safety of the individual or others. The jailer should specifically ask if the individual is contemplating suicide and evaluate him/her for obvious signs or indications of suicidal intent.

The receiving officer should ask the arresting officer if there is any statement, indication or evidence surrounding the individual’s arrest and transportation that would reasonably indicate the individual is at risk for suicide or critical medical care. If there is any suspicion that the individual may be suicidal, he/she shall be transported from the City jail or the appropriate mental health facility.

The jailer should promptly notify the Watch Commander of any conditions that may warrant immediate medical attention or other appropriate action. The Watch Commander shall determine whether the individual will be placed in a cell, immediately released or transported to another jail or facility.

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Temporary custody Policy

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12
Q

900.11 MINOR INJURY PRIOR TO BOOKING

If a detainee suffered a minor injury (i.e., treatable by first aid methods) prior to arrival at the Jail, that person may be accepted for booking at the discretion of the on-duty Jail supervisor.

In the event a detainee refuses first aid treatment for a minor injury suffered prior to arrival at the Jail, the booking jailer shall document the extent of the injury and offer to facilitate other medical assistance, as may be appropriate.

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Minor injury Policy

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13
Q

900.12 PREGNANT ADULTS

For the purposes of this policy, “pregnant” shall refer to a detainee who is visibly pregnant, or states they are pregnant.

A pregnant detainee who is under the influence of drugs to the extent that their life, or the life of the fetus, could be in danger shall not be accepted in the Jail without having first been examined and cleared for incarceration by a physician.

Once cleared for incarceration, the detainee may be booked into the Jail. A detainee who is known to be pregnant should be restrained in accordance with the Handcuffing and Restraints Policy, per Policy 302 and PC 3407.

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Pregnant Policy

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14
Q

900.13 SCREENING AND PLACEMENT

The jailer that is responsible for a detainee in temporary custody shall (15 CCR 1050):

A) Advise the Jail Supervisor of any significant risks presented by the individual (e.g., suicide risk, health risk, violence).

B) Evaluate the following issues against the stated risks in (a) to determine the need for placing the individual in a single cell:
1) Consider whether the individual may be at a high risk of being sexually abused based on all available known information (28 CFR 115.141), or whether the person is facing any other identified risk.
2) Provide any individual identified as being at a high risk for sexual or other victimization with heightened protection. This may include (28 CFR 115.113; 28 CFR 115.141):
I) Continuous, direct sight and sound supervision.

C) Ensure individuals are separated according to severity of the crime (e.g., felony or misdemeanor).
Ensure males and females are separated by sight when in cells.

D) Ensure restrained individuals are not placed in cells with unrestrained individuals.

E) Ensure that those confined under civil process or for civil causes are kept separate from those who are in temporary custody pending criminal charges.

F) Ensure separation, as appropriate, based on other factors, such as age, criminal sophistication, assaultive/non-assaultive behavior, mental state, disabilities and sexual orientation.

G) Ensure detainees who are extremely dirty and refuse to shower subsequent to booking are housed separately.

H) Ensure persons who suffer from a loss of hearing which does not present an impediment to custody are accepted into the Jail, and housed in a cell which provides for optimum observation by Jail staff.

I) Ensure a detainee who is temporarily disabled as a result of intoxication, or similar condition, is be accepted into the Jail if he/she is able to respond to verbal or physical stimulation to the satisfaction of the on-duty Jail Supervisor.

J) Ensure any detainee who was subject to the primary effects of a less-lethal device (not including a Conducted Energy Device) such as a baton round, diversion device, etc. or non-lethal device such as a Rapid Containment Baton (RCB), OC spray, etc. in the course of their apprehension has been evaluated for injury by the arresting officer prior to booking into the Jail. (See section 900.5 and 900.10 regarding detainees who have been exposed to Conducted Energy Devices).

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Screening and placement Policy

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15
Q

900.14 SERVICE ANIMALS

A service animal is defined as a dog that is trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. The work or tasks performed by a service animal must be directly related to the individual’s disability (28 CFR 35.104; Health and Safety Code § 113903).
1) A service animal also includes a miniature horse if the horse is trained to do work or perform tasks for people with disabilities, provided the horse is housebroken, is under the handler’s control, the facility can accommodate the horse’s type, size and weight, and the horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility (28 CFR 35.136(i)) (see the Service Animal Policy for further).

B) Jail staff shall consider a request from a detainee for their service animal to be present with him/her while confined in the Jail. The employee considering the request shall be responsible for making permissible inquiries to determine the status of the alleged service animal and suitability for entry into the Jail.

C) If the animal doesn’t qualify as a service animal, the detainee may make arrangements for the animal’s care. If this cannot be accomplished in a reasonable amount of time, the animal should be delivered to Animal Control. The detainee shall be notified of their animal’s location.

D) If the animal qualifies as a service animal, but the animal would jeopardize the safe operation of the jail or would pose a direct threat to the health and safety of others, the animal may be separated from the detainee. The detainee may make arrangements for the animal’s care. If this cannot be accomplished in a reasonable amount of time, the animal should be delivered to Animal Control. The detainee shall be notified of their animal’s location.

E) If the animal needs to be separated from the detainee, the employee shall ask the detainee if separation from the service animal would constitute or create a medical emergency. If the detainee claims the separation will constitute or create a medical emergency, the detainee should be taken to a hospital facility for medical clearance.

F) If the animal is determined to qualify as a service animal, the detainee must be able to care for (i.e., feed and clean) the animal, or provide an attendant who can come to the Jail to accomplish the same care. The detainee must also agree to ensure the animal’s transfer from the Jail no later than four hours prior to the detainee’s transfer to court or other facility. If the detainee cannot accomplish these things, the animal will not be allowed into the Jail. The detainee may then make arrangements for the animal’s care. If this cannot be accomplished in a reasonable amount of time, the animal should be delivered to Animal Control. The detainee shall be notified of their animal’s location.

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Service animal Policy

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16
Q

900.15 CONSULAR NOTIFICATION

Consular notification may be mandatory when certain foreign nationals are arrested. The Support Services Captain will ensure that the U.S. Department of State’s list of countries and jurisdictions that require mandatory notification is readily available to department members. There should also be a published list of foreign embassy and consulate telephone and fax numbers, as well as standardized notification forms that can be transmitted and then retained for documentation. Prominently displayed signs informing foreign nationals of their rights related to consular notification should also be posted in areas used for the temporary custody of adults.

Department members assigned to process a foreign national shall:

A) Inform the individual, without delay, that he/she may have his/her consular officers notified of the arrest or detention and may communicate with them.
1) This notification should be documented.
B) Determine whether the foreign national’s country is on the U.S. Department of State’s mandatory notification list.
1) If the country is on the mandatory notification list, then:

A) Notify the country’s nearest embassy or consulate of the arrest or detention by fax or telephone.
B) Tell the individual that this notification has been made and inform him/her without delay that he/she may communicate with consular officers.
C) Forward any communication from the individual to his/her consular officers without delay.
D) Document all notifications to the embassy or consulate and retain the faxed notification and any fax confirmation for the individual’s file.

        2) If the country is not on the mandatory notification list and the individual requests that his/her consular officers be notified, then: Notify the country’s nearest embassy or consulate of the arrest or detention by fax or telephone. Forward any communication from the individual to his/her consular officers without delay.
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Consular Policy

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17
Q

900.16 SAFETY, HEALTH, AND OTHER PROVISIONS

900.16.1 TEMPORARY CUSTODY LOGS
Any time an individual is in temporary custody at the Berkeley Police Department, the custody shall be promptly and properly documented in a corrections database including:

A) Identifying information about the individual, including his/her name.
B) Date and time of arrival at the Department.
C) Any charges for which the individual is in temporary custody and any case number.
D) Time of all safety checks (15 CCR 1027; 15 CCR 1027.5).
E) Any medical and other screening requested and completed.
F) Any emergency situations or unusual incidents.
G) Any other information that may be required by other authorities, such as compliance inspectors.
H) Date and time of release from the Berkeley Police Department.

The Jail Supervisor should sign the Berkeley Jail Detainee Confinement Record (DCR) log to approve the temporary custody and should also sign initial the DCR log when the individual is released from custody or transferred to another facility.

The Jail Supervisor should make periodic checks to ensure all log entries and safety and security checks are made on time.

A

Jail policy

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18
Q

900.16.2 TEMPORARY CUSTODY REQUIREMENTS

Members monitoring or processing anyone in temporary custody shall ensure:

A) Safety checks and significant incidents/activities are noted on the corrections database.

B) Individuals in custody are informed that they will be monitored at all times, except when using the toilet.

   1) There shall be no viewing devices, such as peep holes or mirrors, of which the individual is not aware.
   2) This does not apply to surreptitious and legally obtained recorded interrogations.

C) There is reasonable access to toilets and wash basins.

D) There is reasonable access to a drinking fountain or water.
E) There are reasonable opportunities to stand and stretch, particularly if handcuffed or otherwise restrained.

F) There is privacy during attorney visits.

G) Those in temporary custody are generally permitted to remain in their personal clothing unless it is taken as evidence or is otherwise unsuitable or inadequate for continued wear while in custody.

H) Clean blankets are provided as reasonably necessary to ensure the comfort of an individual.
1) The supervisor should ensure that there is an adequate supply of clean blankets.

I) Adequate shelter, heat, light and ventilation are provided without compromising security or enabling escape.

J) Adequate furnishings are available, including suitable chairs or benches.

K) A Telecommunications Relay Service (TRS) shall be provided to any detainee who expresses a need for it.

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Temporary custody requirements policy

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19
Q

900.16.3 MEDICAL CARE

First-aid equipment and basic medical supplies should be available to department members (15 CCR 1220). At least one member who has current certification in basic first aid and CPR should be on-duty at all times.

Should a person in custody be injured or become ill, appropriate medical assistance should be sought. Jail staff or an officer should meet with those providing medical aid at the facility to allow access to the person. Members shall comply with the opinion of medical personnel as to whether an individual in temporary custody should be transported to the hospital. If the person is transported while still in custody, the officer should follow the ambulance to the hospital. If the person is combative and medical personnel request the officer ride in the ambulance to the hospital, the officer shall do so and another officer shall follow the ambulance in a police vehicle.

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Medical care policy

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20
Q

900.16.4 MEDICATION

A) Detainees who require medication shall be held in temporary custody unless
1) The detainee’s medication is:
A) For a cardiac-related condition, i.e. nitroglycerin
B) Administered via injection
C) A research or experimental drug
2) The detainee requires medication on a regular basis, but does not possess the medication at the time of booking and cannot coordinate the receipt of such medication within a reasonable amount of time post-booking.
3) The detainee requires medication that is too complex to administer

B) All medication should be in a pill form (not capsule) unless the medication is obtained directly from a hospital or pharmacy by a member of the Police Department. The medication should be properly labeled on a prescription container and should include the following:
1) The name of the individual for which the drug is prescribed,
2) The name of medication,
3) The dose and instructions for taking the medication,
4) The prescribing physician and
The expiration date.

C) All medication shall be identified by one of the following methods:

   1) Contacting the prescribing physician,
   2) Calling an on duty nurse at an Alameda County Medical Facility or Santa Rita Jail, or
   3) Using an online resource such as the Prescriber’s Digital Reference (PDR) guide. 

D) Any medication administered to a detainee shall be noted in the jail log.

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Jail medication policy

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21
Q

900.16.5 ORTHOPEDIC OR PROSTHETIC APPLIANCE

Subject to safety and security concerns, individuals shall be permitted to retain an orthopedic or prosthetic appliance. However, if the member supervising the individual has probable cause to believe the possession of the appliance presents a risk of bodily harm to any person or is a risk to the security of the facility, the appliance may be removed from the individual unless its removal would be injurious to his/her health or safety.

Whenever a prosthetic or orthopedic appliance is removed, the Watch Commander shall be promptly apprised of the reason. It shall be promptly returned when it reasonably appears that any risk no longer exists (Penal Code § 2656; 15 CCR 1207).

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ORTHOPEDIC OR PROSTHETIC policy

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22
Q

900.16.6 TELEPHONE CALLS

Immediately upon being booked and, except where physically impossible, no later than three hours after arrest, an individual in custody has the right to make at least three completed calls to an attorney, bail bondsman, and a relative or other person (Penal Code § 851.5).

Additional calls may be made as reasonable and necessary (15 CCR 1067). In providing further access to a telephone beyond that required by Penal Code § 851.5, legitimate law enforcement interests such as officer safety, effect on ongoing criminal investigations and logistics should be balanced against the individual’s desire for further telephone access.

A) Telephone calls may be limited to local calls, except that long-distance calls may be made by the individual at his/her own expense.

   1) The Department should pay the cost of any long-distance calls related to arranging for the care of a child or dependent adult (see the Child and Dependent Adult Safety Policy).
   2) The provisions of Penal Code § 851.5 concerning this issue shall be posted in bold, block type in a conspicuous place within the facility.

B) The individual should be given sufficient time to contact whomever he/she desires and to make any necessary arrangements, including child or dependent adult care, or transportation upon release.

   1) Telephone calls are not intended to be lengthy conversations. The member assigned to monitor or process the individual may use his/her judgment in determining the duration of the calls.
   2) Within three hours of the arrest, the member supervising the individual should inquire whether the individual is a custodial parent with responsibility for a minor child, and notify the individual that he/she may make two additional telephone calls to a relative or other person for the purpose of arranging for the care of minor children (Penal Code § 851.5).

C) Calls between an individual in temporary custody and his/her attorney shall be deemed confidential and shall not be monitored, eavesdropped upon or recorded (Penal Code § 851.5(b)(1); 15 CCR 1068).

D) A detainee who is too violent and/or intoxicated to cooperate during the booking process shall be denied phone calls. Once the detainee is cooperative and/or sober, telephone calls shall be provided, if requested.

E) The jailer facilitating a detainee’s telephone calls shall log each call by time and phone number called.

F) A Telecommunications Relay Service (TRS) shall be provided to any detainee who expresses a need for it.

G) A detainee who initially refuses to make calls during booking, may be allowed calls at a later time, when reasonably practical.

A

Jail phone call policy

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23
Q

900.16.7 RELIGIOUS ACCOMMODATION

Subject to available resources, safety and security, the religious beliefs and needs of all detainees in custody should be reasonably accommodated (15 CCR 1072).

Requests for religious accommodation should generally be granted unless there is a compelling security or safety reason and denying the request is the least restrictive means available to ensure security or safety. The responsible supervisor should be advised any time a request for religious accommodation is denied.

Those who request to wear headscarves or simple head coverings for religious reasons should generally be accommodated absent unusual circumstances. Head coverings shall be searched before being worn.

Detainees wearing headscarves or other approved coverings shall not be required to remove them while in the presence of or while visible to the opposite sex if they so desire. Religious garments that substantially cover the detainee’s head and face may be temporarily removed during the taking of any photographs.

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Jail Religious policy

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24
Q

900.16.8 FIREARMS AND OTHER WEAPONS

Firearms (including ammunition) and other weapons and control devices shall not be permitted in secure areas where detainees are in custody or are processed. They shall be properly secured outside of the Jain in a locker or other secure area. An exception may occur only during emergencies, upon approval of a supervisor.

All perimeter doors to secure areas shall be kept locked at all times, except during routine cleaning, when no detainees in custody are present or in the event of an emergency, such as an evacuation.

For the purpose of this section, “other weapons and control devices” shall include knives, Rapid Containment Batons (RCBs), wooden batons, flashlights, Oleoresin Capsicum (OC) spray and Conducted Energy Devices (possessed by other agencies).

For the purpose of this section, an “emergency” shall include incidents wherein the involved subject(s) may be armed and have the potential to inflict serious injury or death (e.g., a detainee-involved hostage situation).

A

Jail Weapons policy

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25
Q

900.16.9 SECURITY MEASURES -JAIL STAFF

A) Jail keys assigned to and maintained within the Jail shall not be left unattended.

B) Cell areas shall be sufficiently illuminated so detainees can be easily observed, and corridor lights shall be on at all times.

C) When on-duty, Jail staff shall wear portable police radios.

D) Jail staff shall keep conversation with detainees to a minimum; courteous and respectful conversation intended to facilitate the efficient operation of the Jail is permitted.

E) Jail staff shall answer intercoms promptly.

F) No detainee shall be allowed to have any pencils, pens or other markers, except those provided temporarily for completion of required forms or correspondence.

G) Whenever maintenance or emergency personnel are in the Jail, jailers shall admonish them to maintain control of and account for all equipment and tools in their possession.

H) A jailer may deny entry to any person carrying an item believed to be, or which may become, a hazard.

A

Jail security measures

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26
Q

900.16.10 SECURITY MEASURES - DETAINEES/ OTHER PERSONS

A) Non-law enforcement persons entering the Jail shall be subject to a thorough cursory and /or metal detector search of their person and belongings.

B) Contraband of any kind is prohibited within the Jail. Contraband is considered:

   1) Weapons
   2) Narcotics
   3) Narcotic paraphernalia
   4) Wireless communication device
   5) Handcuff key

C) Any person who knowingly brings contraband into, or possesses such contraband while incarcerated in, the Jail will be subject to arrest and criminal prosecution (Penal Code §4573, et. seq.)

D) Officers escorting a detainee into the Jail for booking shall maintain effective custody and control over that person until directed into the Jail booking area by the booking jailer.

Detainees shall be handcuffed upon entry to the Jail and shall remain so restrained until the escorting officer is otherwise directed by a jailer.

   1) The booking officer shall remain with their detainee until the person is secure in a jail cell, or relieved prior to that action by the booking jailer.
   2) The responsibility for the care and custody of detainees who have not been booked into the Jail shall remain with the booking officer.
   3) The booking officer is relieved of custodial responsibility when the jailer takes physical control of the detainee and communicates he/she no longer requires the officer’s assistance.

E) No detainee shall be allowed outside a cell unless in the immediate and continuous control of two jailers and/or officers.

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Security measure for detainees

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27
Q

900.16.11 REPORTING PHYSICAL HARM OR SERIOUS THREAT OF PHYSICAL HARM

In addition to a custody log entry, any incident that results in physical harm or serious threat of physical harm to a member, person in custody or any other person shall be documented as stated in the Use of Force or On-Duty Injuries policies, or other applicable reporting process.

A copy of all reports generated regarding the above circumstances shall be submitted as soon as reasonably practicable. The Jail Supervisor will retain a record of these reports for inspection purposes (15 CCR 1044).

A

REPORTING PHYSICAL HARM OR SERIOUS THREAT OF PHYSICAL HARM

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28
Q

900.16.12 DISCIPLINE

Discipline will not be administered to any individual in custody at this facility. Any individual in custody who repeatedly fails to follow directions or facility rules should be transported to the appropriate jail, mental health facility or hospital as soon as practicable. Such conduct shall be documented and reported to the receiving facility (15 CCR 1081).

A

No Discipline policy

29
Q

900.16.13 SMOKING

Smoking is prohibited in the Jail (Berkeley Municipal Code, Chapter 12.70).

A

Prohibited smoking policy

30
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900.16.14 BOOKS, NEWSPAPERS, PERIODICALS AND WRITINGS

Jailers will make available a daily newspaper in general circulation, including a non-English language publication, to assure reasonable access to interested inmates (15 CCR 1066(b)).

Upon request, Jailers shall notify the on duty Jail or Operations Sergeant to purchase a daily newspaper in the language determined by the detainee.

A

Policy for , NEWSPAPERS, PERIODICALS AND WRITINGS

31
Q

900.17 USE OF RESTRAINT DEVICES

Detainees in custody may be handcuffed in accordance with the Handcuffing and Restraints Policy. Unless an individual presents a heightened risk, handcuffs should generally be removed when the person is in a cell.

The use of restraints, other than handcuffs or leg irons, generally shall not be used for individuals in temporary custody at the Berkeley Police Department unless the person presents a heightened risk, and only in compliance with the Handcuffing and Restraints Policy.

The use of handcuffs on a pregnant person should be used in compliance with Policy 302 and PC 3407.

Detainees in restraints shall be kept away from other unrestrained detainees in custody and monitored to protect them from abuse.

A

Use of restrain policy

32
Q

900.18 PERSONAL PROPERTY

The personal property of an individual in temporary custody shall be removed, inventoried and processed as provided in the Custodial Searches Policy, unless the individual requests a different disposition. For example, an individual may request property (i.e., cash, car or house keys, medications) be released to another person. A request for the release of property to another person must be made in writing. Release of the property requires the recipient’s signature on the appropriate form.

Upon release of an individual from temporary custody, his/her items of personal property shall be compared with the inventory, and he/she shall sign a receipt for the property’s return. If the individual is transferred to another facility or court, the member transporting the individual is required to obtain the receiving person’s signature as notice of receipt. The Department shall maintain a copy of the property receipt.

The Jail Supervisorshall be notified whenever an individual alleges that there is a shortage or discrepancy regarding his/her property. The Jail Supervisor shall attempt to prove or disprove the claim.

A

Personal property policy

33
Q

900.18.1 PROPERTY PROCEDURE

The Alameda County Sheriff’s Office Prisoner Property Receipt shall be used by Jail staff to document a detailed inventory of detainee property.

The booking officer shall remain present during the booking jailer’s inventory of a detainee’s property, unless relieved by another officer or second jailer.

The booking jailer, a witness employee, and the detainee shall sign the Property Receipt at the completion of the inventory.

A

Property procedure

34
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900.18.2 REFUSALS

A) If the detainee refuses to sign the Receipt, the booking jailer shall check the “Refused to Sign” box and place their own initials in the section labeled “Prisoner’s Signature”.

B) The booking jailer shall route the completed and signed Prisoner Property Receipt is as follows:

C) In the event of a detainee’s refusal to accept a copy of the Property Receipt, the booking officer or assisting jailer shall witness and initial the booking jailer’s “Copy Offered/ Refused” notation.

   1) If the detainee refuses to accept their copy of the Property Receipt, the booking jailer shall write, "Copy Offered/Refused", in the "Comments" section of the Receipt, and place the copy in the detainee’s property bag/envelope. 
   2) The yellow and pink copies are attached to the envelope/bag containing the detainee’s property and the goldenrod copy is attached to the Detainee Confinement Record (DCR).
A

Property receipt refusals

35
Q

900.18.3 CURRENCY AND JEWELRY

The booking jailer shall ensure a detainee’s currency and jewelry are secured in a plastic heat-sealed bag and labeled with the detainee’s “Person File Number” (PFN).

A) If rings or other jewelry cannot be removed, the booking jailer shall advise the detainee the Department will not be responsible for items not surrendered, and shall note this fact and admonition on the detainee’s Property Receipt and Confinement Record.

B) No alcoholic beverages, perishable food items, or flammable liquids/chemicals shall be brought into the jail or held in Jail property lockers.

C) Cigarette lighters or similar flammable/chemical items having particular value, or where retention of the item is desired or appropriate, shall be handled and stored pursuant to hazardous article procedures set forth in the Property and Evidence Policy.

D) Other cigarette lighters and similar flammable items may be discarded.

E) The booking officer shall be responsible for booking into the Property Room as “safe keeping” a detainee’s property which is not maintained in the Jail property storage facility.

A

Currency and jewelry policy

36
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900.18.4 EVIDENCE

Property taken as evidence during the booking process shall be inventoried by the investigating officer on an Evidence Report form, a copy of which shall be given to the detainee or placed in the detainee’s property bag.

A

Evidence

37
Q
  1. 18.5 BULK PROPERTY
    (a) Oversized “bulk” detainee property shall be stored in the Jail’s property storage room, unless its dimension and/or quantity requires more storage space.

In the event detainee property is maintained in a storage facility other than within the Jail, the booking jailer shall issue a “Bulk Property” letter, advise the detainee of the location of his/her property (e.g., in the Property Room), and admonish him/her that the “bulk” property will be deemed “abandoned” and be subject to destruction after 90 days, in accordance with the provisions of the Property and Evidence Policy.

B). The triplicate “Bulk Property” letter shall be routed as follows:

1) Original (white) copy attached to Jail record;
2) Blue copy issued to the detainee; and,
3) Pink copy attached to property container/bag.

Jail staff are responsible for the security of detainee property.

(C). Only authorized persons shall enter the Jail’s Property Storage Room or Property Lockers.

Unless release of specific personal items is authorized by owner consent or lawful process, a detainee’s property should be maintained in or released from the Jail’s Property Storage facilities in its entirety.

D). Owner consent for the release of funds or other items from a detainee’s property shall be documented by the detainee’s signature or initials on the original copy of the detainee’s Property Receipt.

E) The employee releasing a detainee’s property shall:

1) Obtain satisfactory identification for the person to whom the property was released;
2) Record the name of the person and the form of identification presented on the Property Receipt;
3) Sign the Property Receipt affirming property release; and,
3) Have the recipient sign the Property Receipt affirming receipt of released property.

No one shall use money (i.e., currency or coin) belonging to a detainee for making change.

Once a detainee has been booked into the Jail, no money, gifts, or other property will be accepted for that detainee.

Jail personnel should not accept mail (i.e., letters, packages, etc.) delivered by the US Postal Service for detainees housed in the Jail.

F) The on-duty Jail supervisor shall be responsible for returning the mail to the Post Office as “undeliverable.”

A

Bulk property

38
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900.18.6 BOOKED PROPERTY

If the Jail’s Storage room is full, Jail staff may request the arresting officer book a detainee’s property, such as a backpack into the BPD property room for safekeeping. When the officer takes the item, such as a backpack, the officer shall complete an inventory of the backpack on an evidence/property receipt. The inventory should itemize any items of value contained in the backpack, such as a cell phone, camera or jewelry. Other miscellaneous items such as clothing, papers, etc. may be noted but do not need to be counted. Officers shall use their best judgment as to what constitutes a valuable item.

The detainee shall sign the inventory to confirm their items are listed. This will help to safeguard against allegations of missing items in the future.

The officer shall give a copy of the receipt to the detainee, or put it with their property staying at the jail. The detainee, once released, can return to the PSB and present the receipt to retrieve their property.

A

Booked property

39
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900.19 HOLDING CELLS

A thorough inspection of a cell shall be conducted before placing an individual into the cell to ensure there are no weapons or contraband and that the cell is clean and sanitary.

An inspection shall be conducted when he/she is released. Any damage noted to the cell shall be photographed and documented.

The following requirements shall apply:

A) The individual shall be searched (see the Custodial Searches Policy), and anything that could create a security or suicide risk, such as contraband, hazardous items, belts, shoes or shoelaces and jackets, shall be removed.
B) The individual shall have constant auditory access available to department members.

C) The individual’s initial placement into and removal from a locked enclosure shall be logged.

D) Cell checks by department members shall occur within every 60 minutes (Per Title 15 section 1027.5).

   1) Cell checks should be at varying times.
   2) All cell checks shall be logged and the results of the cell check including verification of prisoner count shall be entered into the jail log.
   3) Cell checks can be completed by looking through the glass window in the cell door to check the welfare of the prisoners. If all of the occupants in the cell cannot be seen through the window of the cell door, the door will have to be opened. Before opening the cell door, assistance from another CSO or officer is required.
   4) Individuals who are sleeping or apparently sleeping should be awakened unless there are other indication or signs of life.
   5) Requests or concerns of the individual should be logged.
   6) Jail staff should accomplish cell reassignment if it will benefit the peace and good order of the jail, and ensure the welfare of the detainee population.
A

Holding cell Policy

40
Q

900.19.1 USE OF SOBERING CELL

Inmates who are to be held in the Temporary Holding Facility and who present a threat to their own safety or the safety of others due to their state of intoxication shall be placed in a sobering cell until their condition allows for continued processing.

The following guidelines apply when placing any inmate in a sobering cell (15 CCR 1056):

A) Placement of an inmate into the cell requires approval of the Jail Supervisor.

B) A cell log shall be initiated every time an inmate is placed in the cell. The log shall be maintained for the entire time the inmate is housed in the cell.

C) A safety check consisting of direct visual observation sufficient to assess the inmate’s well-being and behavior shall occur no less than twice every 30 minutes. Each safety check shall be documented in the cell log. Supervisors shall check the logs for completeness every two hours and document this action on the cell log.

D) If a detainee is not responsive to verbal stimulation, the inspecting jailer shall, with sufficient assistance, enter the cell and physically rouse the detainee by touching or shaking.

E) A detainee who is not easily roused, cannot respond to simple commands, appears to have difficulty breathing or appears ill, shall be transported to a medical facility for medical examination and clearance for incarceration.

F) Under no circumstances shall an inmate be held in a sobering cell for more than six hours without being evaluated by qualified medical personnel to ensure that the inmate does not have an urgent medical issue.

G) A detainee housed in a sobering cell shall be monitored by Jail staff at least twice every thirty minutes, or at a more frequent interval as may be directed by the on-duty Jail supervisor.

H) A safety cell shall not be used as punishment or as a substituted for requisite medical and/or psychological treatment.

I) If not completed at the time of entry into the Jail, the detainee’s booking process shall be completed at the earliest practical time after that person exhibits physiological indications of sobriety (i.e., an ability to care for him or herself).

A

Sobering cell policy

41
Q

900.19.2 USE OF SAFETY CELL

A detainee who becomes extremely violent during booking or while in custody shall be temporarily held in a Safety cell.

The following guidelines apply when placing any inmate in a safety cell:

A) A detainee who develops or exhibits behavior consistent with a psychological disorder shall be placed in a safety cell until such time as the risk created by said condition is no longer present or the person is transferred to an appropriate medical facility for treatment.

B) The following notifications shall be made whenever a detainee is placed into a safety cell:
1) Whenever a detainee is placed into a safety cell, the on-duty Jail supervisor or Jail Operations Sergeant shall be advised as soon as practical. If either are absent or unavailable, the Watch Commander, a patrol sergeant, or the senior patrol officer on duty (in order) shall be advised.

C) A detainees continued retention in a safety cell shall be reviewed every four hours. A medical assessment shall be completed within a maximum of 12 hours in a safety cell. The detainee should be medically cleared for continued retention in a safety cell every 24 hours thereafter.

D) A detainee maintained in a safety cell shall not be restrained with handcuffs and/or ankle cuffs.

E) A detainee held in a safety cell shall be allowed to retain clothing sufficient to cover their body, unless said clothing is removed for security or evidentiary reasons.
1) In the event it is deemed necessary to remove all of a detainee’s clothing, the detainee shall be provided with a safety garment (e.g., a paper coverall.)

F) A detainee housed in a safety cell shall be monitored by Jail staff at least twice every thirty minutes, or at a more frequent interval as may be directed by the on-duty Jail supervisor.

G) A safety cell shall not be used as punishment or as a substituted for requisite medical and/or psychological treatment.

H) If not completed at the time of entry into the Jail, the detainee’s booking process shall be completed at the earliest practical time after that person’s behavior that indicates they are no longer a threat to Jail staff or other detainees.

A

Use of safety cell

42
Q

900.20 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY

The Support Services Division Captain shall ensure procedures are in place to address any suicide attempt, death or serious injury of any individual in temporary custody at the Berkeley Police Department.

The death of a detainee in transit the Berkeley Jail or in transit to another agency or facility, who has not been remanded and accepted into the custody of that agency or facility, shall be considered an in-custody death.

A

SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY

43
Q

900.20.1 SUICIDE ATTEMPT OR SERIOUS INJURY

In the event of a suicide attempt of a detainee or the serious injury to a detainee, procedures shall include the following:

  • Immediate request for emergency medical assistance if appropriate.
  • Immediate notification of the Support Services Division Captain, Duty Command Officer, Watch Commander, and the Jail Supervisor
  • Isolation of suspect/witness detainees if appropriate and as space allows.
A

SUICIDE ATTEMPT OR SERIOUS INJURY

44
Q

900.20.2 DEATH

In the event of the death of a detainee, procedures shall include the following:

A) Immediate request for emergency medical assistance
B) Immediate notification of the Support Services Division Captain, Duty Command Officer, Watch Commander, and the Jail Supervisor
C) Isolation of suspect/witness detainees if appropriate and as space allows
D) Notification of the spouse, next of kin or other appropriate person.
E) Notification of the appropriate prosecutor.
F) Notification of the City Attorney.
G) Notification of the Alameda County Coroner.
Evidence preservation.
H) In-custody death reviews (15 CCR 1046)
I) Notification to the Attorney General within 10 days of any death in custody including any reasonably known facts concerning the death (Government Code § 12525)

A

Death policy

45
Q

900.21 SOBER RELEASE

A) No person shall be released from custody in an intoxicated condition.

B) To be eligible for release from custody, a detainee must be sober to the extent he/she can care for him/herself in public (ref. PC §647(f)).

   1) This protocol does not preclude release of an intoxicated adult upon Notice To Appear into the custody of a sober and responsible adult, provided that adult will assume responsibility for the intoxicated adult.
   2) This protocol does not preclude release of an intoxicated juvenile into the custody of his/her sober and responsible adult parent or guardian, provided that adult will assume responsibility for the intoxicated juvenile.

C) When specifically requested by the arresting officer, detainees may be released pursuant to PC §849(b) when sober.

D) Neither the passage of any set period of time, nor posting of or ability to post bail, shall be factors considered in regard to evaluation of a detainee’s sobriety.

A

Sober release policy

46
Q

900.22 RELEASE AND/OR TRANSFER

When a detainee is released or transferred from custody, the member releasing the individual shall ensure the following:

A) All proper reports, forms and logs have been completed prior to release.

B) A check has been made to ensure that the individual is not reported as missing and does not have outstanding warrants.

C) It has been confirmed that the correct individual is being released or transported.

D) All property, except evidence, contraband or dangerous weapons, has been returned to, or sent with, the individual.

E) All pertinent documentation accompanies the individual being transported to another facility (e.g., copies of booking forms, medical records, an itemized list of his/her property, warrant copies).

F) The detainee is not permitted in any nonpublic areas of the Berkeley Police Department unless escorted by a member of the Department.

G) Any known threat or danger the individual may pose (e.g., escape risk, suicide potential, medical condition) is documented, and the documentation transported with the individual if he/she is being sent to another facility.

H) The department member transporting the individual shall ensure such risks are communicated to intake personnel at the other facility.

I) Generally, persons of the opposite sex, or adults and juveniles, should not be transported in the same vehicle unless they are physically separated by a barrier. If segregating individuals is not practicable, officers should be alert to inappropriate physical or verbal contact and take appropriate action as necessary.

J) Transfers between facilities or other entities, such as a hospital, should be accomplished with a custodial escort of the same sex as the person being transferred to assist with his/her personal needs as reasonable.

A

RELEASE AND/OR TRANSFER

47
Q

900.23 FORM REQUEST FOR PETITION TO SEAL RECORDS

Upon request, a detainee released from custody shall be provided with the appropriate Judicial Council forms to petition the court to have the arrest and related records sealed (Penal Code § 851.910).

The Department shall display the required signage that complies with Penal Code § 851.91 advising an detainee of the right to obtain the Judicial Council forms.

A

FORM REQUEST FOR PETITION TO SEAL RECORDS

48
Q

900.24 ASSIGNED ADMINISTRATOR

The Support Services Lieutenant will ensure any reasonably necessary supplemental procedures are in place to address the following issues (15 CCR 1029):

A) General security
B) Key control
C) Sanitation and maintenance
D) Emergency medical treatment (15 CCR 1200)
E) Escapes
F) Evacuation plans
G) Fire- and life-safety, including a fire suppression pre-plan as required by 15 CCR 1032
H) Disaster plans
I) Building and safety code compliance
J) Civil and other disturbances including hostage situations
K) Periodic testing of emergency equipment
L) Emergency suspension of Title 15 regulations and notice to the Board of State and Community
M) Corrections as required in 15 CCR 1012
Inspections and operations reviews
N) Any other applicable requirements under 15 CCR 1029

Annual review and evaluation of security measures including internal and external security measures, sanitation, safety and maintenance (15 CCR 1280).

These supplemental procedures shall be reviewed and updated no less than every two years and shall be available to all members (15 CCR 1029).

A

ASSIGNED ADMINISTRATOR

49
Q

900.25 TRAINING
Department members shall be trained and familiar with this policy and any supplemental procedures.

Department members responsible for supervising adults in temporary custody shall complete the Corrections Officer Core Course or eight hours of specialized training within six months of assignment. Such training shall include but not be limited to the following (15 CCR 1024):

A) Applicable minimum jail standards
B) Jail operations liability
C) Inmate segregation
D) Emergency procedures and planning, fire safety, and life safety.
E) Suicide prevention

Eight hours of refresher training shall be completed once every two years (15 CCR 1024).

The Personnel and Training Sergeant shall maintain records of all such training in the member’s training file.

A

Jail training

50
Q

900.26 ACTS OF VIOLENCE, RIOT

In the event of an act of violence (e.g., fight, riot, etc.) in the jail,

A) Jail staff shall:
I. Immediately notify the Communications Center and request assistance.
II. Inform the Comm Center of the best way for emergency personnel to enter

B) The Communications Center shall:
1) Direct emergency response personnel to the Jail door specified by Jail staff.
2) If the Jail door needs to be manually opened, the Police Desk dispatcher shall assign at least one emergency responder to obtain emergency Jail keys from the Communications Center or Patrol Sergeants’ Office.
I. The emergency responder assigned to obtain the Jail keys shall be responsible for manually opening the designated Jail Sally door and, unless his/her entrance into the Jail is required by the emergency, maintain a security post at the open portal.

C) Notify, in the following order:
I. The Support Services Lieutenant, or if unavailable,
II. The Watch Commander, or if unavailable,
III. The Duty Command Officer, or if unavailable
IV. The Support Services Division Captain

Request the command officer respond to the jail to assume command of the incident until it is resolved or they are relieved.

If none of the above are available, the ranking Operations Division supervisor or command officer shall assume command until the emergency is resolved or he/she is relieved by a higher authority.

C) The ranking employee present at the emergency shall assume command of the response until relieved by higher authority.

A

900.26 ACTS OF VIOLENCE, RIOT

51
Q

900.27 ESCAPES

A) The employee who witnesses or discovers a detainee’s escape from custody shall
1) Make an immediate report to the Communication Center.
2) Provide the Comm Center with all available information about the escapee, including, but not limited to,
I. The person’s physical description, reason for detention/arrest, known/suspected risk factors, information regarding persons/vehicles associated with the escape, and direction of flight.

B) The Communications Center shall

1) Alert all on-duty personnel of the escape
2) Assign a sufficient number of patrol officers to search for the escapee
3) Assign a sufficient number of patrol officers to conduct the preliminary investigation
4) Notify outside agencies

C) The Patrol sergeant supervising the preliminary investigation shall ensure notifications are made to the following:
1) The Support Services Lieutenant,
2) The Watch Commander or DCO,
3) The Support Services Division Captain,
4) The Homicide Detail Detective Sergeant, or his/her designee; and,
The Department Public Information Officer.

D) The Watch Commander, or in his/her absence, the DCO, shall ensure administrative notification of a detainee escape has been made to the Chief of Police.

E) If the escape was from the Jail, Jail staff shall remain with, account for, and ensure the custodial security of the remaining detainee population.

A

Escape policy

52
Q

900.28 EVACUATIONS

Jail staff shall have primary responsibility for jail evacuations.

Unless prevented by the nature of the event, the on-duty Jail supervisor shall ensure all detainees are evacuated from the Jail.

A) Detainees with physical, mental or medical challenges will be assisted from the facility to designated exterior location(s).
B) The on-duty Jail supervisor will determine and direct the type of “Phase Evacuation” to be accomplished:
C) Officers responding to assist an evacuation shall have primary responsibility for security of detainees once they have exited the jail.
1) PHASE I Evacuation (NO IMMEDIATE URGENCY): No urgency, but conditions warrant evacuation. Detainees will be handcuffed and/or chained.
2) PHASE II Evacuation (URGENT SITUATION/CONDITION): There is an urgent need to evacuate the facility, without time to accomplish an orderly evacuation. Detainees will NOT be handcuffed/chained, but will be escorted from the building and maintained under guard.
3) PHASE III Evacuation (CATASTROPHE): A major catastrophe has occurred necessitating the immediate evacuation of the facility. Cell doors will be opened, detainees will be released from custody, and all persons will be directed to self-evacuate via the closest accessible facility exit.

In the event of a Phase I or II evacuation, the jailer assigned to computer booking (i.e., CORPUS jailer) will bring all detainee booking packets to the designated assembly area to facilitate detainee accounting.

A

EVACUATIONS

53
Q

900.29 DESIGNATED DETAINEE HOLDING AREAS

The on-duty Jail supervisor, or command officer in his/her chain of command, shall designate a holding area where evacuated detainees will be maintained under armed guard.

Circumstances and logistics permitting, the following may be employed as temporary detainee holding areas:

A) A safe area within the perimeter fence of the south PSB parking lot.
B) A designated rally point within Civic Center Park.
C) Placed on a bus or van for transport to a designated rally point or detention facility (e.g., Santa Rita Jail, etc.)

A

DESIGNATED DETAINEE HOLDING AREAS

54
Q

900.30 OTHER EVACUATION PROCEDURES

Consideration shall be given to citation release of detainees held on misdemeanor or infraction offenses.

A) Unless released from custody pursuant to a Phase III evacuation, detainees in custody for a felony offense shall not be released on a “Notice to Appear” (i.e., an “Own Recognizance” release) without express approval of an Alameda County Superior Court judge.

B) Should provision of medical care be necessarily delayed, Jail staff should coordinate such medical care at the soonest practical opportunity.

C) Jail staff on-duty at the time of an emergency situation that requires an evacuation shall remain at their assigned post until authorized to go off-duty by their Chain of Command.

A

OTHER EVACUATION PROCEDURES

55
Q

900.31 DETAINERS/ WARRANT/ PAROLE HOLD

A detainer, warrant, or parole hold (herein after called a “detainer”) received for a detainee being booked into, or held in, the Jail shall be maintained with the detainee’s electronic Consolidated Arrest Report (eCAR).

A) Detainees shall be informed of all detainers placed after initial booking.

B) When a detainee is received from the County Jail or another jurisdiction, the employee taking custody of the detainee shall investigate whether there are any detainers pending.

C) If a detainer is found to exist, the same procedure shall be followed as for detainers placed against any detainees taken into custody by this agency.

D) If an outside agency makes a verbal request to place a detainer not supported by an arrest warrant upon a person detained by this department, or detainee in custody within the Jail, the employee receiving such request shall obtain from the agency:
1) A written report containing all known facts supporting the detainer; and,
2) Written confirmation of the verbal request via teletype or facsimile that includes detainer-specific information:
I. Identification of the agency and the officer placing the detainer.
II. Complete identifying information for the subject of the detainer (i.e., name, alias, date of birth, physical description, address(es), and relevant identifying numbers).
III. Criminal charges.
IV. Requesting agency’s case number.
V. Name of and contact information for the officer requesting the detainer.
VI. If applicable and available, the date and time the requesting agency intends to take custody of the subject of the detainer.

E) When a detainer is terminated, the employee receiving the termination notice shall immediately note this fact on the detainee’s eCAR.

A

DETAINERS/ WARRANT/ PAROLE HOLD

56
Q

900.31.1 RELEASE ON DETAINER

A) Jail staff should not knowingly release a detainee with an active detainer (i.e., warrant), with the exception of civil immigration detainers. Per City Council direction, Jail staff shall not comply with any civil immigration detainer requests from the Immigration and Customs Enforcement Agency (ICE) or its agents.

B) In regards to all other active detainers Jail staff shall:

   1) Ensure, prior to a detainee’s release, that available automated warrant systems are checked for active detainers and parole status.
   2) Should extraordinary circumstance require the release of a detainee with an active detainer, release shall be with the approval of the on-duty Jail Operations Sergeant. .

C) Prior to the transfer or release of a detainee, Jail staff shall accomplish the following procedures:
1) Examine the detainee’s identification wristband for any tampering.
2) Verify the information on the identification wristband corresponds with the information on record for the subject to be released.
3) Ensure all booking procedures (e.g., CORPUS booking, fingerprinting, and mug photos) have been completed.
4) Ensure all detainers have been researched and received:
I. Jail staff shall ensure automated computer systems have been checked for any outstanding arrest warrant detainers (e.g., CLETS, AWS, NCIC, etc.) issued for the detainee, and if discovered, each shall be verified according to established protocol.
II. Jail staff shall properly update automated computer systems and Jail booking documents (i.e., eCAR), with copies of booking documents routed according to established protocol.
III. Jail staff shall ensure available record systems have been checked to determine the detainee’s parole status, and if determined to be active to parole, shall contact the California Department of Corrections and Rehabilitation (CDCR) to request a “parole hold” detainer.

D) If the detainee has been charged with a felony offense, a “parole hold” shall be requested.

A

RELEASE ON DETAINER

57
Q

900.31.2 DETAINER TRANSPORT

Should it become necessary to transfer a detainee to court or otherwise release a detainee from custody prior to receipt of a parole detainer, Jail staff shall so advise CDCR prior to the detainee’s transfer or release.

A) Obtain the detainee’s copy of the Property Receipt and compare it with the original.

B) Prior to release from custody, ensure the detainee signs the Property Receipt affirming return of his/her personal property.

C) When a detainee is transferred to another custodial facility, the following procedure shall be followed:

   1) Jail staff will provide the transporting officer all confinement-related documentation, including detainers, necessary to accomplish the transfer, as well as the detainee’s personal property.
   2) The transportation officer shall sign the Property Receipt to affirm receipt of the detainee’s personal property.
   3) The transportation officer taking custody of the detainee shall sign in the space provided on the eCAR.
   4) The transportation officer shall deliver the detainee, his/her personal property, and custodial documents into the custody of the accepting agency.

D) In the event of a detainee’s release pursuant to his/her acceptance of a Notice to Appear (i.e., citation or Own Recognizance release), Jail staff shall assign a court appearance date.

E) Regarding outside agency detainers, Jail staff shall contact the outside jurisdiction to request a court appearance date.

F) Jail staff shall note a detainee’s actual release time on the Prisoner Confinement Record.

A

DETAINER TRANSPORT

58
Q
  1. 32 BAIL/ BONDS
  2. 32.1 BAIL AMOUNT

Bail is set by the Superior Court of the County wherein the arrest occurred, or by the issuing judge on the warrant of arrest. Jail staff shall review the bail amount on the eCAR and confirm its accuracy.

A

Bail bonds

59
Q

900.32.2 ACCEPTING BAIL

A) Bail shall be accepted by Jail staff in the following forms, with negotiable items made payable to “City of Berkeley”
1) Cash bail shall be documented with a bail register receipt giving total plus any penalty assessment. The employee shall write the denominations in the denomination box of the receipt.
A) The Jailer receiving cash equaling or exceeding $10,000.00 shall complete Internal Revenue Service Form 8300 (Report of Cash Payments Over $10,000 Received in a Trade or Business).
B) The Jailer who completes IRS Form 8300 shall forward the completed form to the Internal Revenue Service by the 15th day following receipt of the cash bail.

   C) The Jailer who receives cash bail over $10,000.00 shall immediately inform the on-duty Jail supervisor, who shall document the cash receipt in his/her Daily Activity Report.
   D) Traveler’s Check
   E) Cashier Check
   F) Money Order
A

Accepting bail

60
Q

900.32.3 ACCEPTING BAIL BONDS
Surety/Bail Bonds are accepted as bail for any person in custody or named in a warrant charging a bailable offense, subject to any restriction indicated on said warrant.

Bonds must be presented in person by a bail bond broker, and not by another person through a power-of-attorney.

The bond must accurately exhibit:
Date of arrest.
The defendants name and PFN.
All criminal charges.
The type of offense(s) (i.e., “misdemeanor” or “felony”).
Relevant CEN and/or warrant number(s).
The sum of bail, including penalty, or the maximum amount of the bond, whichever is less. The sum shall not include any cash posted in conjunction with the bond.
The name of the court and date of appearance.
The signature of at least one “attorney-in-fact”.
The seal of a Notary Public.
In the event of the unavailability of automated booking systems, Jail staff will accept a bail bond and shall be responsible for later inclusion of required information normally obtained from computer records.
A bail register receipt shall not be issued for a surety or bail bond, except to cover the amount of any cash posted in conjunction with it.
Bail bond certificates or credit cards issued by some automobile clubs are not acceptable in lieu of one of the approved forms of bail.
Jail staff accepting bail for a detainee with multiple bailable detainers shall administer the bail process with specific regard to the judicial jurisdictions involved; bail shall be calculated, received, and a single receipt issued for each involved jurisdiction.
Multiple warrants/One court: The sum of bail will be documented on one receipt.
Multiple warrants/Multiple courts: The sum of bail for all warrants issued by each court will be calculated and documented on a separate receipt.
Jail staff shall not divide one bond or check between multiple judicial jurisdictions.
900.32.4 BAIL RECEIPTS
Each bail receipt shall contain requisite identifying information and be administered pursuant to established protocol.

Requisite information includes: detainee’s name and PFN; associated CORPUS Event Number(s) (CEN); criminal charge(s); warrant number(s), if applicable; bail amount, including currency denomination details; the court’s name and address; the name and mailing address of the firm or person posting bail;
Monetary instruments, such as cashier checks, shall have the CEN and/or warrant number written on it, and both will be placed in the bail locker.
Receipt routing: white and pink copies of the receipt will be placed in money drop envelope, with currency and/or monetary instrument (e.g., check) attached. Yellow copy goes to the person posting the bail.
Jail staff shall place bail received in the bail register or jail bail drop box.
900.32.5 BAIL FOR OUTSIDE AGENCY WARRANTS
Bail posted for persons arrested for other jurisdictions shall be forwarded to the Warrant Bureau.

A letter of transmittal shall accompany bail which is forwarded to an outside jurisdictions.
The name and mailing address of the firm or person posting bail shall be included when the bail is transmitted to the proper agency.
900.32.6 COMPUTER UPDATE
When bail is posted, Jail staff shall be responsible for immediate update of automated computer systems (i.e., AWS and CORPUS), and/or transmission of teletype to the agency issuing an involved detainer.

900.32.7 RELEASE
The jailer who accepts bail, or who receives an order of release from the Court, is responsible for ensuring that the involved detainee is released from custody, a responsibility that cannot be delegated.

900.32.8 SURETY/ BAIL BOND BROKERS
Jail staff shall accept surety or bail bonds from bond brokers licensed by the Insurance Commissioner of the State of California

Brokers do not need a City of Berkeley business license to post surety or bail bonds, and, as such, shall not be refused service in the conduct of official business.
No bail bond broker, or his/her representative, shall be allowed to talk to a detainee except by specific request of the detainee for a particular broker.
No employee shall recommend a bail bond broker, or communicate with a bail bond broker for a detainee, except when a detainee is a “near relative” as defined in City of Berkeley Administrative Regulation 2.12
Neither bail bond brokers, nor their representatives, shall be permitted to send any papers into the Jail for a detainee to sign, nor will any employee procure or facilitate such signature.
The employee who received said request shall advise the bond broker that signature(s) can be obtained subsequent to posting of bail and detainee release.
In response to specific inquiries, bail bond brokers may be furnished information concerning a subject who has been booked and is in custody. In addition to identifying information, the broker may also be provided with the report number, Personal File Number (PFN), and CORPUS Event Number (CEN). No broker or their representative shall be allowed to see the actual eCAR.
Employees shall neither authorize nor permit any solicitation in the Public Safety Building by a bail bond broker or his/her representatives.
900.32.9 OUTSIDE AGENCY -BAIL BOND/SURETY AGENCY BOOKING
Detainees in the custody of other law enforcement agencies or bail bond agents may be booked into and temporarily housed within the Jail.

Outside agencies will be charged a daily maintenance fee for booking, housing and feeding of each detainee.
Prior to receiving an arrestee into the Jail, Jail staff shall verify non-uniformed booking officers are bona fide peace officers, and bail/surety agents possess court documents required by PC §847.5.
Detainees in the custody of a bail bond/surety agent may be held when:
Surrendered in lieu of bail or when retaken after escaping bail;
Arrested in or transported through Berkeley en-route to another state, or,
After having escaped bail in that state and being retaken pursuant to PC §847.5.
The booking jailer shall process the detainee into the Jail in accordance with existing Department regulations, and document the booking as a case numbered report on the Consolidated Arrest Report form.

A

Accepting bail bonds

61
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900.33 VISITATION

Jail staff will facilitate prisoner visitation during established and publicly posted hours.

Prisoners may refuse any visit.
Jail staff shall require prospective visitors to present a valid picture identification card and disclose their relationship to the prisoner prior to the requested visit.
Jail staff shall deny a request for prisoner visitation for a visitor’s failure to comply with this requirement.
A person who is under the influence of alcohol or drugs, or who is belligerent, shall not be allowed to visit prisoners held in the Jail.
For the purpose of this policy, visitation will be categorized as follows:
“Non-Contact” Visit: the visitor is restricted to the public side of a visiting room.
“Contact” Visit: the visitor is allowed entry to the Jail proper and has a face-to-face interview with the prisoner in an unoccupied cell.

A

Visitation

62
Q

900.33.1 “NON-CONTACT” VISITATION

Only one visitor shall be allowed to occupy the public side of a visiting room at any time, unless otherwise authorized by the on-duty Jail supervisor.

Detainee visitation by a juvenile may be allowed under the following conditions:

With approval by the Jail Operations Sergeant, or in his/her absence, an on-duty Patrol sergeant, and
The juvenile is in the company of a responsible adult, preferably the juvenile’s parent or legal guardian.
The jailer facilitating a “non-contact” detainee visitation shall ensure the public side door of the visiting room is closed and locked before the detainee enters the jail side of the room.

Notwithstanding the procedure regarding bail-related documents, should it be necessary for a detainee to sign or receive any document, such document shall be delivered to them by the jailer, and, if appropriate or necessary, returned to the visitor after signing.

Jail staff shall receive documents presented by persons lawfully authorized to serve process and facilitate the service of said legal process documents directed to a detainee held in the Jail (ref. PC §4013).
Visits are allowed for a minimum of 15 minutes and may be terminated at any time after that as needed by Jail staff.
A detainee may request a visit from a clergy member of their choice or chaplain if they have no preference.

A

NON-CONTACT” VISITATION

63
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900.33.4 ATTORNEYS AND BAIL BONDSMEN

An attorney may visit at the request of the detainee in custody or a relative (Penal Code § 825).
Attorneys and bail bondsmen who need to interview an detainee in custody should do so inside a secure interview room.
The detainee in custody as well as the attorney or bail bondsman should be searched for weapons prior to being admitted to the interview room and at the conclusion of the interview.
Attorneys must produce a current California Bar card as well as other matching appropriate identification. The Attorney’s name and the detainee they are visiting, should be entered into the daily log.
Interviews between attorneys and their clients shall not be monitored or recorded (15 CCR 1068).

A

ATTORNEYS AND BAIL BONDSMEN

64
Q

900.34 CRIMINAL REGISTRATION PROCESS

Jail staff shall facilitate a detainee’s criminal registration when required by PC §290 (sexual offense), PC §457.1 (arson offense), or HS §11590 (narcotic offense).

A

Policy

65
Q

900.35 DETAINEE VOTING

The Department shall make reasonable attempts to assist voting by a detainee in custody in the Jail who is eligible and registered to vote in any local, state, or federal election who requests to cast a ballot on Election Day.

The Jail Operations Sergeant, or if unavailable (in order of responsibility), the Support Services Lieutenant or Operations Division Watch Commander, shall contact the Registrar of Voters for the County in which the detainee is registered to determine the process to be followed for acquisition and submission of a “Vote By Mail” (also known as “Absentee”) ballot.

If the detainee states he/she is registered to vote in Alameda County, the supervisor or command officer shall be responsible for the following:
Call the Alameda County Registrar of Voters (510-272-6933) to verify the detainee is registered and eligible to vote within the County.
If the detainee is registered and eligible to vote, an employee shall be assigned to:
Obtain and provide the detainee an Application For Vote By Mail Ballot form;
Deliver the completed and signed ballot application form to, and obtain a Vote By Mail Ballot from, the Registrar of Voters office (1225 Fallon Street, Room #G-1 [Basement], Oakland); and,
Ensure the ballot is delivered in a timely manner to the detainee in the Jail.
Jail staff shall make reasonable efforts to facilitate a detainee’s receipt and completion of a ballot.
With due regard to facility security and employee safety, a detainee shall be provided the opportunity to complete a ballot in relative privacy.
The supervisor or command officer responsible for acquisition and delivery of a ballot to a detainee in the Jail shall make a reasonable effort to ensure the completed ballot is delivered to the location prescribed by the Registrar of Voters.
Completed ballots for detainees registered to vote in Alameda County shall be promptly delivered to a local voting location (e.g., City Hall, 2180 Milvia Street, Berkeley.)

A

DETAINEE VOTING

66
Q

900.36 USE OF DETAINEES FOR WORK INSIDE THE JAIL

While a detainee cannot be required to perform any work, a detainee may be requested to assist in maintaining proper sanitary conditions inside the jail.

A

900.36 USE OF DETAINEES FOR WORK INSIDE THE JAIL

67
Q

900.37 CAMERAS AND RECORDING DEVICES, USE OF

Unless used for law enforcement purposes, the use of any electronic device to film, photograph or record within the Jail is prohibited.

A

900.37 CAMERAS AND RECORDING DEVICES, USE OF

68
Q

900.38 DAILY ACTIVITY REPORT

The on-duty Jail supervisor, or supervisor designee, shall complete a Daily Activity Report.

A

900.38 DAILY ACTIVITY REPORT