DET- Detainees codes Flashcards

1
Q

What does DET – 01 have to do with?

A

Warrant management

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2
Q

What does DET – 01A have to do with?

A

Warrants, summons, or subpoenas.

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3
Q

What does general order DET – 02 have to do with?

A

Custodial inventory

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4
Q

DET-02 What is the policy of custodial inventory?

A

Any person or detainee who comes into the custody of the department shall be searched.

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5
Q

DET-02 What is the purpose of this policy of custodial inventory?

A

To protect members and detainees from harmful items in substances that may have been concealed by the subject

  • Protect members from claims of lost, stolen, or damage property
  • To establish and define the process of detainees who come under the care in custody of the department.
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6
Q

DET-02 What’s the inventory protocol that members are authorized to do?

A
  • Search a detainee and remove any property from the clothing or person
  • Search the contents of any other garments, bags or accessories
  • Read or examine documents, papers, or other records only to the extent necessary for custodial purpose to include ascertaining or confirming at detainee’s identity, and or ensuring a detainees physical well-being.
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7
Q

DET-02 What should members not do in the inventory protocol?

A

Members shall not physically search a detainee for the sole purpose of determining the detainees gender
-Use custodial inventory searches as a pretext for an investigative search

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8
Q

DET-02 What shall members do for transgender or intersex detainees?

A

Members shall conduct searches of transgender or intersex detainees in a respectful in a appropriate manner and in the least intrusive manner possible, consistent with security needs.

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9
Q

DET-02 What should the member searching a detainee do?

A
  • Inventory any documents, currency, jewelry, or valuable island items found, carried or conceal by the subject
  • Record inventory on the SP 2 custodial property inventory form
  • Inventory items in the presence of the detainees if possible
  • Have the booking member and the detainee sign SP 2. If they refuse note the refusal and reason if any
  • Properly secure the detainee’s property and a lock container. If items are not able to fit into the lot containers used for detaining property, shall be properly secured in the temporary evidence locker. The key will be secured to prevent unauthorized access.
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10
Q

DET-02 What shall the member conducting the booking do before placing the detainee in a cell?

A
  • Have the detainee remove the following:
  • Loose or extraneous clothing
  • Shoes, bills, ties
  • Jewelry, necklaces, neck chains, and any other article that the detaining me used to escape or cause harm to the selves or the others
  • Scan the detainee with a metal detector
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11
Q

DET-02 What items may be retained by the subject unless it’s a hazard?

A

Wedding ring

  • Currency
  • Eyeglasses, hearing aids and
  • A prosthesis, which should be searched if practical.
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12
Q

What happens if a detainee being searched has valuable property, currency, or jewelry?

A
  • Record items on SP2 custodial property inventory form
  • Confiscate any property related to the incident report and document contraband
  • Member should provide the desk Officer with a copy of the SP 2 inventory form. The desk Officer will ensure the detainees valuable property was inventoried and secured and record the member who inventory insecurities items.
  • Count currency by denomination and verify amount with a witnessing member present
  • Package and seal valuable property in a department Evidence bag labeling the bags if you use numerous bags and initial and seal the bag.
  • Secure valuable property in the detainees locker area while detainee remains in department custody.
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13
Q

What happens if the detainees leaves the department’s custody or is transported or transferred to another facility in the valuable property currency your jewelry is not returned?

A

The desk officer shall immediately secure the valuable property and the temporary evidence locker, log the property in the DAJ and temporary evidence locker journal, make a note in the DAJ of the time the property was placed in the locker, notify the troop duty officer, and provide a copy of the investigative report to the temporary evidence locker custodian. Arresting member shall make every effort to return the valuable property, currency or jewelry to the owner or to a designated person identified by the owner.

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14
Q

DET -02 What happens when the detainee is released from custody?

A

Their property except for seized property shall be returned to them and the detainee shall sign the SP2 acknowledging the return, and if the detainee refuses document the refusal and the reason if any.

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15
Q

What happens of the detainees transported to another facility?

A

The member shall ensure that the SP2 has been provided to the facility and or the person taking custody of the detaining, name of the person taking the custody is recorded in the original SP2 form, the person taking custody has signed the SP2 and their original SP2 is returned to the department facility where the detainees inventory search was conducted.

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16
Q

DET-02 What do you need to know about container protocols?

A

Any unlocked container shall be opened in each article inventoried individually
-Its container is locked and secured and cannot be opening without damaging it the member she’ll ask detainee for consent to open it.
-If consent is not given the member she’ll not open the container unless probable cause exists that the lock container puts a member or others an immediate risk of injury or loss of life.
Its container is not opened it shall be inventoried as a single unit
-Member shall apply for a search warrant to open a lock container if they have probable cause to believe that the container has inside of it the fruits are instrumentality of a crime and or Evidence, contraband or weapons.

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17
Q

DET-02 What do you need to know about strip search protocols?

A

A Stripsearch entails a search of a detainee requiring them to remove or rearrange some of or all of their clothing. This permits the visual inspection of skin services specifically the buttocks, genital groin area, and or breast so they visual inspection commit of all areas where weapons, dangerous instrumentalities, evidence or contraband may be concealed.

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18
Q

DET-02 What is the need for a strip search based on?

A

Explain particular circumstances surrounding the arrest as well as probable cause to believe the detainee possesses contraband or weapons that may jeopardize your health and our safety of them or others will come in contact with them.

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19
Q

DET-02 What has to happen if a strip search occurs?

A

Strip searches shall be documented in the arrest report and include the following information:

  • individual searched,
  • Justification for search
  • Supervisor providing the approval for exigency warranting the search
  • Member directing and conducting the search
  • Other individuals present during search, both members and civilians
  • Location of search, including steps taken to protect the privacy and
  • Items of contraband found it found.
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20
Q

DET-02 Strip searches shall only be conducted when and how?

A

-Approval of a supervisor or exigent circumstances exist
-When practical by two members of the same gender of the detainee. If detainees intersex or gender is nonconforming male or nonconforming female refer to DT – 08 gender identity an expression
-In the area that affords complete privacy
-Out of public view including cameras windows etc.
-Without any touching of the detainee although detain he may be asked to bend at the waist and spread your cheeks
-In a reasonable non-abusive professional manner
-

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21
Q

What are other various factors to be considered while conducting a strip search?

A

If the member is a juvenile or mental capacity of the detainee

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22
Q

DET-02 What shall members wearing body worn cams present during a strip search do?

A

Shall follow the mandates of ADM – 35 and deactivate the body worn camera.

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23
Q

What shall a member know about body cavity searches

A

Member shall not conduct visual searches or physical intrusion into the body cavities.

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24
Q

What is a body cavity search?

A

Search conducted pursuant to a warrant issued by a judge does based on HIGH DEGREE of PROBABLE CAUSE supported by a high degree that authorizes a medical professional To conduct an internal manual inspection of any human cavity.

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25
Q

A member of supervisor seeking a body cavity search warrant must do what?

A

Show a HIGH DEGREE of PROBABLE CAUSE that the detainee has a contraband or weapons hidden in a body cavity that may jeopardize a health and safety of the detainee and/or anyone else in contact with them.

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26
Q

The warrant requirement shall apply what?

A

Where an item may be viewed partially protruding from a body cavity.

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27
Q

When is no warrant required for a body cavity search?

A

When a detainee voluntarily and personally extracts any other item from their own body cavity and
-Cases of exigent circumstances were medical personnel perform an operation, necessitated solely by a good medical practice for medical reasons which incidentally results in the recovery of evidence for police use.

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28
Q

What should happen in a report for a body cavity search

A

Search shall be detailed and documented in their arrest report in addition to any other court reporting requirements.

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29
Q

What does general order DET – 03?

A

Detainee transportation

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30
Q

What is the policy of detainee transportation?

A

Safety is paramount when transporting. Member shall always keep in mind the following:
Safety and well-being for themselves and others
-Proper restraint of detainee to prevent escapes or injuries
-Detainee safety and rights
-Members transporting detainees that pose a security risk or identify/exhibit a medical risk shall notify the desk Officer prior to the arrival at the barracks.

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31
Q

DET-03 What happens for a transfer of custody from a facility of point of arrest in facility receiving the detainee?

A

Transfer of custody shall be documented in the DAJ.

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32
Q

DET-03 What are the detainee search protocols?

A

Cruisers shall be searched before and after transporting the detainees for contraband, weapons, fruits of instrumentalities of a crime and/or evidence. The search is also part of the routine Cruiser inspection at the beginning of each shift
-All detainees shall be searched for weapons of contraband prior to being transported in a cruiser.
-Never assume that someone else has searched a detainee
-

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33
Q

DET-03 For cruisers who are transporting detainees what shall they have?

A

Safety barriers

  • Rear passenger compartment windows and locks disabled
  • Rear passenger seat belts
  • Rear passenger door locks that can’t be unlocked from the inside
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34
Q

What do you need to know if you’re transporting a detainee what should you not do?

A

You should not respond to calls for service unless the situation clearly poses a serious risk to others and the risk to the detainee is a minimal.

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35
Q

DET-03 What happens if there is an interruption of the transportation of a detainee?

A

The interruption shall be limited to circumstances that require immediate intervention like a personal crash. Any interruption shall be reported and recorded by the desk officer to include specific location in cause for the interruption of transport

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36
Q

What happens of a detainee is being transported for extradition?

A

Stops shall be only for fuel, food, or personal necessity.

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37
Q

What are the detainee restraint protocols

A

Detainees will be handcuffed behind their back if they have no medical issues also Handcuffs will be Double locked. If detainees are being transported a long period of time members may handcuff them in the front or use an alternate restraint for example a waist chain. Alternate devices may only be used if authorized and if the member applying them has received training from the department. And detainee should never be handcuffed or restraint any part of the vehicle except for use of seatbelt.

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38
Q

What shall members know about sitting positions for detainees?

A

Ensure detainees are visually observable at all times,

  • Secured with a seatbelt
  • Do not transport more than two Detainees at a time
  • Do not transport 2 arrestees in a Cruiser without a safety barrier unless another member is present
  • Whenever possible transport detainees of opposite gender in separate vehicles
  • Ensure detainees of opposite gender or not transported to court in the same vehicle pursuant to Mass General law 276 section 53.
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39
Q

What happens if A Cruiser does not have a safety barrier

A

There’s one Officer and one detainee with no safety barrier they will be transported in the right front seat.

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40
Q

If the Cruiser has 2 members and 1 detainee with no safety barrier what happens?

A

Detainee should be placed in the right front seat with the other member behind them.

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41
Q

If Cruiser has 2 members and detainees with no safety barrier what should happen?

A

The detainees should be placed one in the right front and one in the right rear seats with the other member seated behind the driver

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42
Q

DET-03 What do you need to know about transportation of juveniles

A

Juvenile shall not be transported with adult detainees
-Juveniles going to court or other institutions Should not be transported in a “patrol wagon” As stipulated in mass general law chapter 119 section 34.

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43
Q

What should happen if you had to transport detainees of the opposite gender?

A

Member shall radio they’re station/unit desk Officer and have the DAJ entry made of:

  • the location
  • number in gender of detainees
  • preliminary charges against the detainees
  • intended destination
  • beginning odometer mileage, and upon arrival the ending mileage and
  • if necessary request for back up.
  • When transporting an individual of the opposite sex refer to DET – 08 gender identity and expression.*
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44
Q

If you need to communicate with the Detainees what should you do?

A

Communication shall be professional and kept to a minimum. Should be limited by the transportation officer for safety reasons. Detainees will not be allowed to use communication equipment while in transport nor stop to allow detainees to Access communication devices.

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45
Q

What are the Protocols for a transferring prisoners to another location?

A

Member transporting to another agency or Court detention facility members shall do the following:

  • Secure firearms by facility protocol
  • Remove restraints in designated areas
  • Positively identify the detainee by at ID photographs or fingerprints
  • Deliver or receive necessary documentation paperwork or other information to include reports, warrants, identification documents, medical conditions, flight risk, suicide risk, safety risks and or other condition that the receiving agency should be aware of
  • Document the transfer of custody in the DAJ
  • Adhere to procedures within the DET Dash 02 regarding prisoner property.
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46
Q

DET-03 What happens if a detainee is a security hazard or a suicide risk or has any other condition that the receiving agency need to be aware of?

A

That information deep should be advised in writing of the condition. The notification and other documentation will be placed in retained with the written incident report.

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47
Q

What happens if the detainee has a medical situation during transport?

A

If member is notified there’s a medical problem and in the members opinion it is valid the member shall transport the detaining to the nearest medical facility. While they are doing that they must notify the desk officer, notify the medical facility through the desk officer of the particulars, and the transporting member will exercise caution and closely monitor the detainee at all times. Plan upon arrival the member shall adhere to DET Dash 06 detainee monitoring. If the detain he is admitted to the medical facility the department shall provide proper security arrangements or arrange for bail. If medical facility releases a detainee they should be transported to the nearest barracks or facility as appropriate the detain his condition shall be recorded in the DAJ. All instructions for future treatment medication should be attained in writing, sign by the attending physician and placed within the detainees property

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48
Q

DET-03 What is the detainee escape protocols for Transporting member?

A

Immediately notify Desk officer of the following:
Cruiser number, members name, rank
-Exact location
-Method of escape, escape route and means of transportation
-Name and physical description including clothing
-Criminal history and safety risk of escapee and pending charges
-Transporting members should immediately make every attempt to recapture the suspect if unable to do so preserve the scene for tracking dogs in other investigators. Include the details of the scape in recapture efforts in a incident report

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49
Q

DET-03 What’s a desk officers responsibilities for an escaped prisoner?

A

Immediately notify Troop duty officer of jurisdiction

  • Notify all patrols
  • Make appropriate D AJ entries
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50
Q

What is a Troop duty officer’s responsibilities for an escaped prisoner?

A

Immediately request the canine, air wing and other tactical resources necessary

  • Dispatch a supervisor to the scene
  • Assume command control of the operation
  • Investigate circumstances of escape
  • Prepare a report with findings and recommendations
  • Notify the state police detective jurisdiction and Troop duty commander
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51
Q

What is a Troop Commanders responsibilities for an escaped prisoner?

A

Notify division commander

  • Administratively review the reports for further action
  • Take action to prevent reoccurrence
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52
Q

DET-03 What do we need to know about commercial air transportation and armed members?

A

Members shall certified and follow the federal transportation security administration (or TSA) guidelines and (the CFR) code of federal regulations title 49 carrying of weapons by law-enforcement officers.

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53
Q

DET-03 What are the protocols for commercial air transportation and armed members

A

Troop/Section Commanders shall ensure the following protocols are followed when members under their command fly on commercial airlines well armed:

  • An administrative message shall be sent to the TSA by the Ghq communication Section via the national law enforcement telecommunication System(NLETS)and Requesting a unique alpha numeric identifier receipt for member to fly
  • Member shall carry the receipt to be verified at the airport the day of
  • Members shall carry the appropriate number of signed original letters of authority from the Troop/Section Commander and surrender a letter to the airline carrier when requested
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54
Q

Explain the letters of authority for commercial air transportation in armed members?

A

Letters of authority Shall be on department letterhead and shall include the following:

  • Name of member
  • Date an itinerary for flights
  • Certification as a member has completed TSA’s law enforcement officer flying armed program
  • Circumstances for need to carry a firearm and
  • The original signature of the Troop/Section Commander in a contact number for verification.
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55
Q

What do you need to know about the unique alpha numeric identifier?

A

Failure to provide the unique alphanumeric identifier may result in delays due to additional verification. The airline and the pilot have the discretion to refuse armed members on any flight

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56
Q

While transporting a detainee on a commercial airline members shall do the following?

A
  • Notify TSA in the airline of the name of the Detainee and accompanying members at least one hour prior to the flight
  • Notify TSA if detainees high risk at least 24 hours or as soon as possible before scheduled departure. If so at least two members shall escort the detainee in arrive at the check-in counter one hour prior to the flight. Only one dangerous detainee is allowed on the same flight.
  • Asked to board the plane first and depart last
  • Sit in the rear of the plane maintaining one member between the detainee in the aisle
  • Ensure no food, utensils, or items be given directly to prisoner without checking items first
  • Do not allow the prisoner to consume alcoholic beverages
  • There shall always be at least one member per detainee. At least one member shall be the same gender. If detainee is intersex or gender nonconforming refer to DET – 08 gender identity an expression.
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57
Q

What shall Members carry for commercial airline flights?

A
  • Department issued badge and identification card
  • Secondary valid government ID
  • Necessary boarding paperwork
  • Letters of authority to travel well armed on commercial flights
  • Adequate restraining devices
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58
Q

What does DET– 04 have to deal with?

A

Holding facility design and inspection.

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59
Q

What does DET-05 have to deal with?

A

Identification of persons in department custody

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60
Q

What does DET – 06 have to deal with?

A

Detainee monitoring.

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61
Q

What is a BBO?

A

A Board of Bar Overseers to identify the attorney.

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62
Q

What do you have to know about DET-04?

A

The department shall maintain holding facilities that comply with laws and regulations to provide a safe environment for Members and Detainees.

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63
Q

DET-04 What’s the definition of a holding facility?

A

A temporary confinement cell or lock up where detainees are generally held for less than 72 hours.

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64
Q

How are the design of the holding facilities equipped?

A

Must have adequate lighting and air circulation, toilet and drinking water, first aid kit, automatic fire alarm, fire suppression, and smoke detectors. Also electronic an audio watchman monitoring system is in place.

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65
Q

What shall be posted in holding facilities?

A

Posted sign of PREA advisory, detainee rights obtaining medical services, and emergency evacuation

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66
Q

DET-04 What do you need to know about sanitation of holding facilities?

A

All holding facility shall be kept clean and sanitary and Shall be inspected

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67
Q

When do you have to inspect holding facilities?

A

Each cell must be checked before use of a detaani in upon release of a detaani. Also the cell must be cleaned up as outlined in GEN – 05 communicable diseases

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68
Q

DET-04 What do you need to know about cells and cell keys?

A

Cells that are ready for use Shelby kept opened and unlocked. Sells that are not ready for use Shelby kept closed and locked and posted sign stating that is not ready for use. This is in case something is broken, unsanitary, or work needs to be done. The keys for the cells and duplicates shall be kept readily available at the Barricks desk area.

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69
Q

What do you need to know about fire prevention and holding facilities?

A
  • No matches, lighters or smoking materials allowed in.
  • Fire and smoke detection in suppression systems shall have written approval for fire officials
  • An emergency evacuation plan shall be written and posted
  • It should be at least one if not two emergency exits in Shelby marked with a sign and
  • Any detainee that is evacuated will be handcuffed and secured and A Cruiser. If necessary that detainee will be transported to another Barracks or authorize holding facility.
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70
Q

DET-04 Explain the electronic monitoring of a holding facility.

A

There will be the watchmen audio and video modern touring devices required by law in each facility.

  • There will be video and audio communication with the desk officer.
  • It is immune means of communication with the station desk officer or a panic alarm as well
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71
Q

DET-04 What must be kept at the desk area in every station?

A

The Troop Commander shell ensure that a guy book is kept at the desk or in a holding facility to assist the desk Officer with the following:

  • Information on holding facility operations
  • Procedures for a scapes, fires, or suicide attempts
  • Available alternate lock up facilities for juvenile offenders
  • Names and contact info for persons or organizations who respond in the event of a Attempted or threatened suicide
  • Names and contact information for persons or organizations to deal with incidence of sexual assault and or sexual harassment and
  • List of mental health resources to include contact information
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72
Q

DET-04 What do you need to know about training for holding facilities?

A

Every 3 years at a location with a holding facility shell receive training consistent with the members role, assignment and responsibilities for the detention room. This should include but not limited to use of holding facilities, temporary detention rooms.

  • PREA standards
  • Suicide detention, intervention, and prevention
  • Equipment related to processing in detention of detainees in specific Barracks detention operations
  • Use of physical restraints
  • Use of fire suppression equipment
    • Upon promotion member shall receive refresher training in suicide detection, intervention, and prevention.**
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73
Q

DET-04 If the cells are being cleaned or maintained by workers what do you have to do?

A

Inspect the cell after maintenance or cleaners for any tools or supplies left behind.

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74
Q

DET-04 What’s the responsibility of the station Commander?

A

Station commanders are required for ensuring cells and items are inspected. List things that have to be inspected and when:

  • Daily: Fire equipment, sell bars/doors, damage, weapons/contraband, sanitation, first aid kits
  • Weekly: check and download/print the watchmen, retain the printouts for one year
  • Monthly: automatic fire system test
  • Semi annually: fire suppression equipment test. Reviewed the guidebook
  • Annually: administrative review of holding facilities concurrent with DPH inspections. Inspection records maintained for staff inspections.
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75
Q

What do you have to do to a cell to prevent inadvertent used for cells that do not pass inspection?

A

A cell that can be used must be kept closed and locked as well as posted with the explanation of the deficiency.

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76
Q

What happens if there’s an incident in a cell?

A

For any Detainees who caused damage to cells may be subject to prosecution under MGL chapter 266 section 96, defacement or injury to a state building.

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77
Q

What does Station Commander just have to do for all incidents or conditions that threaten the holding facility Or any incidents with a person in the cell?

A

Station commanders will make written reports to their Troop Commander of any and all incidents to the facility or with any Detainees and the ability of the barracks to hold Detainees safely.

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78
Q

Who has access to cells?

A

Ollie persons who have access to sells will be maintenance and cleaning personnel as well as any lawful member. Nonessential persons shall not have access to the cell area unless they are visiting a detainee as outlined in DET Dash 06 detainee monitoring or a person in there to clean will be accompanied at all times by a member.

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79
Q

What do you need to know about temporary detention/processing rooms?

A

Barracks that do not have a holding facility shell ensure that rooms utilize for temporary detention receive regular scheduled inspections for cleanliness and to determine if there are safe conditions. Any deficiencies shall be addressed through the Station/Troop Commander.
-Annually troop commander shall provide the Division Commander of Field Services and an administrative report detailing adherence to department Policy and procedures governing temporary detention areas and whether or not alternate facilities are available for temporary detention. This report shall be forwarded annually to the Division Commander of Field Services no later than November 30

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80
Q

What do you need to know about DET – 05 identification of persons in Department custody?

A

All prisoners will be photoed and fingerprinted as a means of the booking process. This mission retention of fingerprint records in other biometrics create a criminal history record.

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81
Q

DET-05 What do you need to know about prisoners were being charged with a felony for identification purposes?

A

Any persons charged with a felony shall have their fingerprints and palm prince recorded as well as being photographed.

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82
Q

DET-05 What is AFIS and who runs it?

A

AFIS stands for automated fingerprint identification system. It’s a computerized biometric matching system that stores identifying biometric templates and related demographics. It is operated by the State Identification Section.

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83
Q

DET-05 What does AFISR?

A

It’s an application available from the Department of criminal Justice information services with single sign-on (DJIS SSO). This application allows the review of Massachusetts fingerprint supported arrest records and the search of recent arrest submissions. The system can be searched by OBTN, name, SID, and FBI numbers.

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84
Q

What Is the definition of biometrics?

A

Distinctive, measurable physiological characteristics Used to identify individuals. Commonly collected by metrics include fingerprints, Palm prince, photographs or mug shots, and iris images.

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85
Q

What is Live Scan?

A

It’s an electronic fingerprint captureing device that smmit fingerprints, palm prints, and associated demographics and photographs into the state AFIS and NGI.

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86
Q

DET-05 What does NGI?

A

The system that is replacing IAFIS. The biometric matching system operated by the FBI and replaces the I a FIS system creating a national electronic repository of biometric in criminal history information.

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87
Q

DET-05 What is the definition of OBTN/SBTN?

A

These are unique number assigned by records management systems associated with a specific event. This number allows the tracking of individual events from arrest or summonses through the state criminal history systems including AFIS and the courts.

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88
Q

What is a SID?

A

It is a state identification number. A unique personal identifier based on a fingerprint and assigned by AFIS and the identification section.

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89
Q

DET-05 What is a UCN?

A

So universal control number which is formally the FBI number. Do you need personal identifier based on a fingerprint ID and a sign by the FBI. This number is assigned to both criminal and civil identities on file with the FBI.

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90
Q

DRT-05 What happens if a person refuses to give their fingerprints during booking?

A

If they don’t complete the booking process by doing fingerprints or photographs they are not eligible for bail. It’s life scan is down you transport to the nearest station. For anyone with mutilated fingerprints the troop duty officer calls AFIS or crime scene services section For assistance.

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91
Q

DET-05 What is the name of the guide and where do you find it when you need help to capture and submit fingerprints and palm prints to AFIS using live scan devices?

A

The SIS-DOC 12-LIVESCAN Operational guide. This is located on docushare.

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92
Q

DET-05 Where is a Detainees booking photo captured?

A

In RAMS.

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93
Q

DET-05 What is some of the demographic information included with all fingerprints Submissions?

A
  • OBTN/SBTN
  • Name
  • DOB
  • Sex
  • Race
  • Place of birth
  • Height, weight, eye color, and hair color
  • Literal description of charges not just the Chapton and Section only
  • Date printed
  • Fingerprint official
  • Date of arrest
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94
Q

DET -05 What’s the proper procedure for identifying subjects during booking?

A

Live scan. All live scan operators must properly log on and log off of the system to prevent unauthorized access to the system. The operator logged onto the system will be documented as the fingerprint official on the official record.

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95
Q

DET-05 What’s the supervisors responsibility at the substation level And cases and reports Officer at the Troop level ?

A

Must ensure that all officers must be properly trained in the use of electronics fingerprinting/biometric capture equipment

  • Call biometric processing equipment is operational
  • Proper supplies are available
  • Biometrics are properly captured and submitted to the Identification Section.
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96
Q

Who is responsible for the compliance of DET – 05?

A

Troop Commanders are responsible for overall compliance with this general order.

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97
Q

What’s the policy of detainee monitoring, DET – 06?

A

Safety and well-being of members and detaines are the Paramount concern for the department and shall guide the application of this policy. Essential for maintaining/ensuring the safety and welfare of both member and detainee. Make sure all safety and necessary precautions are made whenever a person is taken into custody.

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98
Q

What shall members conduct be?

A

Shall be professional at all times. Member she’ll not engage in speech or behavior that could be construed as inappropriate.

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99
Q

DET-06 What do you need to know about Detainees rights?

A

All detainees held and Msp facilities shall be afforded all constitutional rights and she’ll have at a minimum the following:

  • Timely court appearances
  • Opportunity to make bail
  • Confidential access to attorneys
  • Access to a telephone
  • Notification of the monitoring a recording of telephone conversations
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100
Q

DET-06 For detainees held over four hours what shall be provided to them?

A

Detainees held over four hours have shall have meals provided at regular meal times three meals a day.

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101
Q

What shall detainees held over eight hours be given?

A

Access to a wash basin.

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102
Q

DET-06 What happens if a detainees attorney calls?

A

Members receiving a call from the attorney are required to immediately inform the detainee of the attorneys attempt to reach them and immediately relay the attorneys message to them, including when applicable a message advising them not to talk to investigators. An entry into the DAG shall be recorded. The name of the member receiving the call, the name of the counsel to include their Board of Bar Overseers (or BBO) number in the name of the member delivering the message.

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103
Q

DET-06 What happens during the booking process?

A

-The temporary detention rooms radio or direct communications are open with the desk
-No firearms or Electronic control weapons(ECW)
-Detaining will be searched prior to booking
-An additional member may assist, it has to be in the DAJ and if they do The assisting members name and details shall be logged as well
-Miranda will be read from a printed card or form
-They receive a phone call within one hour of being in custody in the department facility
-Call time shall be reasonable and practical and they may use their own cell phone if they have one.
-If there is resistance during booking are going to a cell, the desk officer it will log it in the DAK about the delay of booking.
— Booking officer shall conduct PREA screening, suicide risk, medical conditions and advise detainees of all pertinent constitutional rights.
-While being booked detainee will be handcuffed to the coffee bar unless administrative services are being done
-If it is a warrant arrest if the detainee request a copy it will be given to them within 6 hours of the request.
-Any time a person is outside of a cell they will be secured and indirect, continual, physical supervision of a member.
-After booking when prisoner is put in cell the arresting officer will advise the desk officer, activate the cell A/V monitoring and the desk Officer will put in the DAJ which cell they were placed in.

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104
Q

If there are numerous did detainees in the Cell area what do you need to do remember?

A

If there’s a female they need to be out of sight and sound from the males. If there is a juvenile they must be out of sight and sound of adults prisoners.

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105
Q

For a member placing a prisoner in a cell where do they have to do?

A

They must do a self check to confirm the absence of weapons and or contraband prior to placing the Prisoner in there.
-Members shell adhere to mandates of DET – 08 gender identity in expression.

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106
Q

What do you need to know about the monitoring system?

A

Audio and video video shall be use continuously to monitor prisoners. In addition it shall be used as means of a two way communication with detainees and other members in the cell block.

  • They will be 24 hour monitoring of prisoners.
  • desk officer will check all detainees face to face every 30 minutes, using the electronic monitoring watchman device during the check. They are responsible for logging the check into the DAJ. Members will have the possession of the cell keys during these checks in case of immediate entry required. Cell keys shall remain in the desk area under the control of the desk officer outside of these checks.
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107
Q

Who may enter while there are detainees in custody?

A

Under no circumstances shall non-essential personnel enter the cell Block.

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108
Q

What is the death officer also test with for the Detainees?

A

Desk officer shell provide height and protection to vulnerable detaTs to include direct site and sound supervision. They shall monitor the treatment of prisoners who reported sexual abuse or suffered abuse or harassment according to DET-07 and 07A.

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109
Q

How do prisoners get meals?

A

Provided from a correctional facility, the detainee meal fund, or the detainees personal funds with their consent or other appropriate sources. Desk officer shall document in the DAJ the number, cost, type of meal served. Dishes, cups, and utensils shall be used only once and secured upon completion of use. Common cups in towels are not allowed.

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110
Q

If there are prisoners what do you do during shift change as the new desk Officer?

A

New desk officer shall physically check cells with detainees prior to taking the desk. And checking with the watchmen and putting it into the DAJ.

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111
Q

Explain suicide threats or attempts and responsibilities?

A

If any of the following apply to the prisoner, suicidal threat, signs and symptoms of the suicidal behavior, entry in the Q5 from prior suicide threat or attempt, and entries of Q5 that did not occur in a facility then desk officer shall assign a member to Q5 watch. Designated member shall physically watch the detainee at all times. The desk officer shall advise The troop duty officer of Q5 watch. Desk officer shall log information related to the Q5 watch in the DAJ. Desk officer shall adhere to monitoring in this policy. The detainees may be transported to a medical facility for a valuation. Prisoner shall be physically checked at an unpredictable schedule staggered to not exceed 15 minutes. Watchman device will be used in entries made in the DAJ.

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112
Q

If a Prisoner attempts or threaten suicide at the MSP facility what are additional responsibilities the desk officer must do?

A

The desk Officer:

  • Contacts EMS
  • Provides medical attention as necessary
  • Notifies a Troop duty officer and station Commander
  • Document that incident in the DAJ
  • Pursuant to MGL chapter 40 section 36 AA, and share incidents entered into the CJIS Q5 menu at the end of the shift. Notified in writing any lock up facility the detaanies transferred to the exact nature of the attempt or threat.
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113
Q

If a prisoner attempt or threaten suicide at the Msp facility what additional responsibilities does the Troop duty officer have?

A
  • Dispatch a supervisor to the barracks to assist if necessary
  • Ensure the desk Officer has assigned a member to Q – 5 Watch.
  • Logged incident information into the DAJ
  • Ensure provisions of MGL chapter 40 section 36A are followed.
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114
Q

What do you need to know about the medical care of a Prisoner?

A

Prescribe medication in the prisoner‘s name must be recorded on the SP2. If requested you may give the medication as per directions. If you do this you must document in the D AJ the time and the person giving the medication. Upon end of shift the incoming desk officer needs to be advised of the medication in any dose given. Medication‘s are stored in the members property locker. If there any questions about the medication you may call a doctor, transport to a medical facility, or call a local pharmacist about the proper dose in the identification of the meds.

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115
Q

What do you need to know about the sick or injured detainee?

A

Requesting procedures are posted conspicuously.

  • Should not transport a sicker engine prisoner unless two or more members are available. Ambulance transport transport retains custody and security of the Prisoner.
  • A member follow the ambulance
  • if requested to ride in the ambulance, another Cruiser must follow You also must advise the troop duty officer of this.
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116
Q

What do you have to do for prisoners if they are offsite?

A
  • offsite they must be handcuffed unless physically disabled preventing this. Must stay with a detaT at all times, if there’s medical reasons and they have to be out of sight and sure there’s avenues of escape are secured in dangerous items are not accessible.
  • Make sure there’s no outside communication allowed to the prisoners room except for legal counsel, medical staff, interested adult.
  • If it’s going to be a prolonged stay at the hospital the detainees name should be blocked calls rerouted.
  • Utensils should be screened, detainees searched prior to return to the cell, and discharge paperwork stays with the prisoners property.
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117
Q

What happens if a member has to enter the cell Block alone?

A

They shall maintain a means of communication by verbal communication with another member, portable radio that is powered on, and or a panic alarm or other means of communication.

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118
Q

What happens during 30 minute checks of a prisoner?

A

The member must announce that they are coming in to check on them in case they are using the facilities.

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119
Q

When shall a member enter an occupied cell?

A

Only when there’s at least one other members present, if you’re releasing them from custody, or in the event of an emergency.

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120
Q

What happens when you’re checking the cell and you find damage or other issues?

A

You report any damage to the station commander or any other unusual conditions and put it in the DAJ.

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121
Q

What else do you have to do when you’re releasing a prisoner?

A

Check the booking photo for photo verification To make sure the prisoner is identified. You must also check their property and make sure the detainee signs for their property. If they don’t you may put refused to sign and the reason on the paperwork.

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122
Q

When the booking is done in court is in session what has to happen?

A

Courts in session when you’re done with the booking you must transport them to the court without delay. If not released within 24 hours and probable cause is not determined by a judge or magistrate the prisoner has a right to a Jenkins hearing. The member must present the fax orally or in writing to a neutral magistrate not the bill magistrate. The results of the hearing should be documented in the DAJ.

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123
Q

Prior to calling a bail clerk what must happen?

A

They density must be established, BOP and III are checked, detainee funds are checked, and ask if they wished to be bailed.

124
Q

If a prisoner is brought to the barracks from an outside agency what has to happen?

A

Desk officer supposed to check the lawfulness of the detention, if the officers not in uniform check their official ID, obtain a booking sheet, obtain the official police report if to be bailed, number of sworn members of the other department shall be documented, screen for PREA, suicidal risk, and medical needs. FTT was hospitalized, suicide watch her other special handling request the agency will provide personnel to Manage this. Any exception to this is authorized by the troop duty officer. Any property will be inventoried and checked against the inventory sheets. If they were bailed, if it was sit by the clerk in the jurisdiction of the delivering agency this must be documented. And notify the agency upon release of the prisoner

125
Q

What happens if there’s a group arrestor overcrowding?

A

The station Commander or Troop duty officer can authorize this on a temporary basis. Non-violent, low security detainees may be held as a group from the same incident or by gender affiliation. If a juvenile do we kept separate. The station commander or desk officer goes over the list of the less serious offenders to expedite the release of these prisoners. The troop duty officer can authorize excess detainees to be transported to another facility in the troop. They are also authorized to assign additional personnel to deal with the extra Detainees

126
Q

What does a desk officer have to do for an escape or a wrongful release?

A

Immediately notify the troop duty officer and station commander.

  • Notify area patrols and local departments of the escape
  • Make the appropriate DAJ entries
127
Q

What is a Troop duty officer have to do for an escape or a wrongful release?

A
  • Immediately request K-9, Air Wing and other tactical resources as necessary
  • Dispatch a supervisor to the scene to assume control of the operation, Investigate the circumstances of the scape or run full release, and prepare a report with the findings and recommendations.
  • Notify the Troop Commander
  • Notify Ghq communications
  • Notify the appropriate SPDU of jurisdiction
  • Make the appropriate DAJ entries
128
Q

What does a Troop Commander have to do for an escape or wrongful release?

A

Notify the division commander and review the report and take actions to prevent reoccurrences.

129
Q

What is the division commander’s responsibility when there is an escape or wrongful release?

A

Must review reports and take action to prevent reoccurrences.

130
Q

What happens of a detainee dies while in the department facility by the desk Officer?

A

Immediately notify the Troop Duty Officer and the Station Commander.

131
Q

DET-06 What is a Troop duty officer have to do if there is a death of a detainee in the facility?

A
  • Immediately notify the Troop Commander
  • Immediately notify the SPDU of jurisdiction
  • Notify the OCME as requested by Detective
  • Ensure the appropriate DAJ entries are made and
  • And share the proper procedures and provisions under MGL chapter 40 section 36 are followed.
132
Q

What is the responsibility of the state police detective unit for a death of a prisoner?

A

-Respond to the scene and take command of the investigation.

133
Q

DET-06 What is a Station Commanders responsibility for a death of a prisoner?

A

-Submit within 4 days, a report of the incident to the Troop Commander, along with the other related reports.

134
Q

What is a Troop Commanders responsibility when a death occurs in a facility?

A

Immediately notify the division commander

  • assign A commissioned officer to immediately assist the SPDU investigation to conduct an administrative review of the incident
  • Ford copies of the reports to the OCME within 7 days
  • And review and submit reports and recommendations to the Division Dommander.
135
Q

DET-06 What’s the responsibility of the reviewing commissioned officer for the death of a prisoner?

A
  • Assist the SPDU
  • Conductive administrative review of the incident to ensure the members followed the department procedures during the incident
  • Submit within 4 days a report to the Troop Commander
136
Q

DET-06 What are the responsibilities of the division commander of field services for a death of a prisoner at a facility?

A
  • Review reports and take action to prevent reoccurrences.
  • Submit reports to the deputy superintendent for review and action
  • Maintain a file on detainee deaths.
137
Q

DET-01 what is the policy for warrant management?

A

Member shall utilize established warrant management systems in accordance with federal law and state laws and regulations.

138
Q

Det-01 what is the definition of CHSB? (Commonwealth’s Criminal History Systems Board.

A

Estate agency, responsible for maintaining law-enforcement data, communication network and system.

139
Q

DET-01 what is the definition of CJIS? (criminal Justice information system)

A

A computerized system of criminal justice information available 24 hours a day and managed by CHSB

140
Q

DET-01 what is the definition of CORI? ( criminal offender record information)?

A

Database of criminal record information where the release is regulated by state and federal laws

141
Q

DET-01 what is the definition of WPD? (wanting police department)

A

Primary police agency or department station entering a NCIC warrant.

142
Q

What do you have to remember about the warrant management system according to (Scheft)?

A

NCIC will always be in WMS but NCIC alone is not PC. Always Confirm. A non-WMS CJIS m warrant does not exist, but it is not PC (always confirm). . WMS HIT IS ALWAYS pC.

143
Q

DET-01 what is III?

A

Interstate identification index. A is an interstate exchange of criminal history record information maintained by the FBI.

144
Q

DET-01 in the warrant management system what is the definition of Locate?

A

A computer entry that indicates the wanted person or items has been apprehended or found.

145
Q

DET-01 what is the definition of the (NCIC) national crime information center?

A

It is a nationwide computerized system of criminal justice information managed by the FBI.

146
Q

DET-01 What is the WMS (warrant management system)?

A

Centralized database operated by the trial court of the Commonwealth that provides CJIS uses with access to court issued arrest warrants.

147
Q

DET-01 what is a Governor’s warrant?

A

It is an out-of-state warrant

148
Q

DET-01 when and by who is CJIS information used?

A

Members in lawful performances of duties may use CJIS information.
-They may rely on good faith that the information in the CJIS and WMs system are correct. Officers are not liable in any criminal prosecution or action for action based upon information in that system.

149
Q

DET-01 who is the CJIS representative?

A

Commanding officers of each station containing CJS terminal shall assign a member as the CJS represent rep
-And assign member as the back up representative.

150
Q

What does DET – 01A have to do with?

A

Warrants, Summons, or subpoenas

151
Q

DET-01A what is the policy for warrants, summons or subpoenas?

A

Sworn members shall serve, warrants, summons, or subpoenas once they become aware of their existence, or as otherwise ordered.

152
Q

DET-01A what is the definition of a default warrant?

A

After being given proper notice, a person fails to appear in court.

153
Q

What does DET-07 have to do with?

A

Detainee sexual abuse and harassment

154
Q

What is the policy of DETO7?

A

In accordance with PREA, prison rape elimination act of 2003 the Department shall:
-Establish a zero tolerance policy towards all forms of sexual abuse and sexual harassment towards any Detainee
-Ensure all detainees have the right to be free from sexual abuse and sexual harassment, and
-Establish a zero tolerance policy towards all forms of retaliation against anyone who reports abuse or cooperates in a sexual abuse investigation

155
Q

What’s the definition of gender nonconforming?

A

-Gender identity is different than the parts they were born with

156
Q

What’s the definition of intersex individual?

A

Born with both parts or chroma zones. A person born with generalist that are not clearly male or female.

157
Q

What’s the definition of prison rape elimination act or PREA?

A

Signed into law on September 4, 2003. It establishes a standard of zero tolerance for rape and sexual assault or sexual harassment in any prison, jail, police lock up, or juvenile facility.

158
Q

Who is the PREA coordinator?

A

-A management, level employee, who overseas, develops, and implements department efforts to comply with PREA standards

159
Q

Define sexual abuse.

A

Any sexual conduct or intentional touching of the victim, or suspects, genital, anal, or other intimate area for sexual arousal or gratification, or for the abuse of either party. This will include in custody, sex, offenses, voyeurism, or rape attempts. This policy applies to the detainee by Another detainee and or abused by an employee, contractor, or volunteer.

160
Q

What’s the definition of sexual harassment?

A

Unwelcome advances, or requests, either verbally, gestures, or actions by inmates, employees, contractors, or volunteers

161
Q

What’s the definition of voyeurism?

A

Peering, while someone is peeing, dressing, exposure to a person. When a person invades a detainees privacy for unrelated reasons than official duties.

162
Q

What are the department responsibilities if sexual abuse and harassment happens?

A

-The department shall investigate all allegations
-Inform all detainees of rights and how to report
Detainees are informed of at least one way to report the sexual abuse, allowing the detainee to remain anonymous if requested
-Investigators have received special training in sexual abuse investigations pursuant to code of federal regulations 28 CFR s115.34
- Department will develop an internal protocol appropriate for juvenile detainees where applicable
-Take appropriate measures to prevent retaliation against individuals who report and or cooperate with investigation

163
Q

What is the screening for risk of victimization in abusiveness?

A

Upon being booked, members SHALL screen, all detainees to assess the risk of being sexually abused by other detainees or sexually abusive towards other detainees. They will be told that there is a zero tolerance policy. The screening and advisement of department zero tolerance policy shall be both documented in the department, records, management system, Rams/ACISS

164
Q

What happens if I a detainee is determined to be at risk?

A

The detainee shall be put in their own holding cell for the duration of his or her detainment. This includes post screening transportation in a department vehicle to and from court, jail, prison, or other agency.

165
Q

What is the staffing plan for station commanders at each barracks?

A

Station command commanders, are responsible for adequately, staffing, video, monitoring, and protect detainees from abuse.

166
Q

What does station founders have to consider when determining adequate staffing plans?

A

-The physical layout of the lock up
-Composition of detainee population
-Prevalence of sexual abuse, incidents, and other factors

167
Q

What happens if the staffing plan is not complied with?

A

Each time the staffing plan is not complied with the station commander shall document and justify all deviations from the staffing plan and forward the document with justifications to the PREA coordinator.

168
Q

What happens if the detainee is deaf, hard of hearing, blind, have low vision, or are intellectually, psychiatrically, or speech disabled?

A

Must provide interpreters for the disabled
-Accommodate the disabled
-Make sure they’re aware of their rights
-Tell them how to report abuse if it happens

169
Q

What happens if the detail he doesn’t speak English?

A

Member shall take reasonable steps to have meaningful access to information in their own language about sexual abuse and harassment by providing an interpreter or who can interpret effectively accurately in impartially

170
Q

An incidence of sexual harassment, or assault the first responders responsibility as what?

A

-Immediately separate the victim in the abuser
-Take immediate action to protect the detainee from substantial risk of eminent sexual abuse
-Keep the detainee with the Officer, or in the cell and under surveillance until the supervisor can investigate and determine if any further actions are needed to be taken
-Follow uniform, Evidence protocol
-If it be abuse occurred within a timeframe that still allows recollection of physical evidence, request that the victim not take any actions that could destroy physical evidence, including washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking or eating
-Offer a victim, access to medical examinations, performed by SAFE, sexual assault forensic examiner, saying SANE, sexual assault nurse examiner a qualified medical medical practitioner, without financial cost to the victim. Document all efforts to give them these opportunities
- Attempt to get a victim advocate from a right rape, crisis center or other facility, if Possible
- Accompany the victim through the forensic medical examination process in interviews

171
Q

What happens if the first responder is not a law-enforcement member?

A

Request the alleged victim, not take any actions that could destroy figure physical evidence
- Immediately notify law-enforcement member

172
Q

If a detainee reports they were sexually harass while in a department facility what action shall be taken?

A

Separate the alleged victim and abuser
- Preserve and protect any crime scene
- Request the victim, not take any actions to destroy evidence
- Take immediate action according to this policy
- Immediately contact the Desk officer

173
Q

What is the Desk offices responsibility?

A

-Take immediate actions as a first responder
- Notify EMS if necessary
-Immediately notify SPDU PREA investigator
-Make entry into the DAJ
- offer victim services by providing victim with the list of local sexual abuse, advocates
- Immediately notify Troop duty officer, and the station commander
-Victim is transferred from Locke up to jail, prism, or medical facility, inform the receiving facility of the incident and the victims potential need for medical or social services

174
Q

What is the troop duty officers responsibility after a sexual assault or harassment occurs?

A

Immediately notify Troop duty and the PREA coordinator
- Provide any special needs Victor may have
-Ensure compliance with General order in DET – 07A The sexual abuse and harassment investigation review and data collection
- If they are transferred, make sure the receiving facility is informed of the situation and advise them of possible need for services

175
Q

What’s the responsibility for the state police PREA specialized investigator?

A
  • respond to the scene
    -Take command of the investigation
  • Safeguard any evidence
  • Explain need to get exam at no cost
  • Offer victim advocate
  • Conduct interviews with the victim and witnesses
    -Submit report of investigation pursuant to DET – 07A
  • Document, all referrals of allegations for a criminal invest
176
Q

What does the station commander’s responsibility for a sexual assault response?

A

-Submit a report within four days of the incident to the troop commander along with all other related reports

177
Q

What is a troop commander’s responsibility for sexual assault response?

A

-Assign PREA coordinator to help the SPDU
-Conduct administrative review
-Forward reports to PREA coordinator within 7 days
- reviews to submit reports To the division commander with any recommendations

178
Q

What is the review and commissioned officers responsibility for sexual assault response?

A

-Assist SPDU
-Within four days of prepare a report for the troop commander
-The ministry review is to ensure the Swan members for the department procedure during the incident

179
Q

What’s the field services? Division commander’s responsibility for a sexual assault response?

A

-Review reports and take actions to prevent reoccurrences
- Submit reports to the Colonel for review and action
- Maintain a file for PREA incident review pursuant to DET-07A.

180
Q

Basically, how long does a station commander Troop commander and reviewing commission officer have to get their reports in?

A

4 days
7 days
4 days

181
Q

What’s the reporting procedure for any sexual abuse or harassment?

A

All employees shall immediately report to their immediate supervisor the following:
- Any knowledge, suspicion, or information regarding the incident of a sexual assault or harassment that occurred within department lock up
- Any retaliation against deep detainees department employees who report such an incident?
-Employee, neglect, or violation responsibilities that may have contributed to the incident or retaliation.

182
Q

What happens with any verbal reports of sexual abuse or sexual harassment?

A

All verbal report shall be documented by the immediate supervisor

183
Q

What do you need to know about private reporting?

A

-Do you want me to employees may privately report sexual abuse, and or sexual harassment by contacting the PREA coordinator, filing a complaint with the office of professional, integrity and accountability, or utilizing the PRE a third-party contact number posted on the departments website and on the PREA information brochure

184
Q

What are the methods of reporting sexual salt or sexual harassment?

A

-In person, phone, mail, email, fax, or any means by which the employee feels comfortable in reporting to a supervisor and or the PREA coordinator.

185
Q

What happens if an employee receives an allegation that a D Taney was sexually abused outside of the department facility?

A

-The Employee receives. The allegation shall notify through channels to the Colonel and the department, PREA coordinator.

186
Q

What are the Colonels responsibilities if an employee reports to them an allegation of abuse outside of the department facility?

A

-The colonel shall notify the head of the facility or appropriate office of agency, where the alleged abuse occurred
-Make notification as soon as possible, but no later than 72 hours after receiving the allegation and
-Document such notification

187
Q

What kind of training do employees have to have for sexual abuse and sexual harassment?

A

-Training regarding the zero tolerance policy and detainees rights
-How to fulfill their responsibilities regarding prevention, detection, reporting, and response to sexual abuse and harassment
-The right of detainees and employees to be free from retaliation
- The dynamics of abuse in confinement
-The common reactions of abuse victims
- How to detect and respond to signs of threatened an actual sexual abuse
-How do I avoid inappropriate relationships with detainees?
-How to communicate effectively and professionally with detainees, include, including, lesbian, gay, bisexual, transgender, intersex, or gender, nonconforming, detainees, and
-Compliance with relevant laws related to mandatory reporting of sexual abuse

188
Q

What do all employees have to do annually?

A

-All employees shall review the PREA standards bulletin posted to power DMS/bulletins/PREA

189
Q

What does the department have to do for each employee?

A

-The department shall provide each employee with a refresher training annually to ensure that all employees know the agencies, current sexual abuse and sexual harassment, policies, and procedures.

190
Q

What do all employees who have contact with the detainees have to do?

A
  • They shall acknowledge, either in written or electronic format, that they understand the departments PREA, policies and protocols, and the PREA training they have received.
191
Q

What do you need to know about the PREA coordinator?

A

-Colonel shall:
-designates a detective captain of DIS as Apria coordinator
-Gives them authority to oversee, develop, and implement PRE, a standard orders, and all lock ups
-The PREA coordinator shall:
-Annually submit a report of PREA, compliance standards
To the Colonel
-Detail any corrective action required to ensure compliance to the PREA standard
-Keep a current list of members who received
special training in sexual abuse investigations
-Take necessary action to ensure department compliance with PREA standards, subject to the Colonel’s approval

192
Q

What does the department have to do regarding hiring and promoting practices?

A

-The department she’ll not hire or promote anyone who may have contact with detainees, and shall not unless services of any contractor who may have contact with detainees who:
-Had engaged in sexual abuse in a prison, jail, lockup facility, juvenile facility or other institution
-Has been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, over implied threats of force, or coercion is the victim did not consent, or
-was unable to consent or refuse, or has been civilly, or administratively adjudicated to have engage in the activity described above

193
Q

What will happen before hiring and promoting members?

A

-The department shall consider any incidents of sexual abuse, and or harassment, and determining whether to hire or promote an employee, or retain the services of any contractor who may have contact with employees.
-Perform a criminal background check
-Contact all prior employers, to make sure there wasn’t any abuse in the past
-The department will ask all applicants and employees who have direct contact with detainees about previous misconduct described in this section.

194
Q

What are the members or all employees responsibilities for sexual abuse reporting?

A
  • All employees shall disclose any misconduct described in the section
    -Any material omissions, regarding such misconduct shall be grounds for termination
    -Any employee determined to have engaged in sexual abuse, or harassment of a detainee shall be subject to discipline
    -The present of sanction for having engage in this behavior under this policy is termination
195
Q

What do you need to know about contractors and volunteers?

A

-Department will do background checks
- If person has engage in sexual abuse, or if it’s been convicted or adjudicated of sexual abuse, they shall have no access or contact with detainees
-All volunteers and contractors who enter the department facilities, who may have contact with detainees, have been trained on the responsibilities of sexual abuse and harassment prevention and detection

196
Q

What do you need to know about retaliation of sexual abuse or harassment reporting?

A

-Department shell, ensure all detainees and employees who report sexual abuse or harassment or cooperate in investigations are protected by retaliation by other detainees or employees.

197
Q

What shall all employees who have knowledge, suspicion, or information regarding incidence of retaliation and any knowledge of employee neglect that may have contributed against detainees or employees do?

A

shall immediately report such incident or retaliation to their immediate supervisor.

198
Q

What shall supervisors who receive reports of retaliation due?

A

Shell employ multiple protective measures, which may include the following:
-Cell change or transfers for detainees, victims or abusers
-Removal of alleged employee, or detainee abusers from contact with victims
-Provide emotional support services for victim
-Closely monitor, detainees or employees who fear retaliation

199
Q

What do each Barracks station commander monitor about sexual abuse or harassment reporting?

A

They shall monitor all employees who reported sexual abuse or harassment to ensure that the employee is not subject to retaliation actions by other employees, and shall document same

200
Q

What happens or what do you have to worry about for upgrades to facilities in technologies?

A

-When designing or updating holding cells department will consider the effect of the design upon the ability to protect detainees from sexual contact.
- When installing or updating video monitoring, systems department will consider how technology may enhance ability to protect detainees from sexual contact

201
Q

What does DET – 07A have to do with?

A

Detainee, sexual abuse and harassment, investigations, review, and data collection

202
Q

What is the policy for investigations review and data collection of sexual abuse and harassment?

A

-As an investigative agency for alleged sexual crimes, committed on adults or juveniles, held any confinement setting by either Department of corrections corrections, or department of uses the department of state, police shell, and share full compliance with the standard, is found within federal laws, and mandates regarding PREA compliance with the prison, rape elimination act of 2003.

203
Q

What’s the departments responses for sexual abuse and or sexual harassment of detainees?

A
  • Investigate allegations from DYS, from MSP, Or other facilities
    -Follow uniform, Evidence protocol
    -Develop internal protocol appropriate for juveniles
    -Offer all victims, forensic medical examinations for free
    -Attempt to make a victim advocate from a rape crisis center available to victim
  • Accompany the D Taney/victim through the forensic medical examinations process and interviews
    -Take appropriate measures to prevent retaliation against individuals who report and or cooperate with the investigation
204
Q

What is special training for investigations review and data collection of abuse or sexual harassment?

A

-Techniques for interviewing, sexually abused victims
-Proper use of Miranda and Garrity warnings
-Sexual abuse evidence collection in confinement settings
-The criteria and evidence required to substantiate a case for administrative action or prosecution referral

205
Q

Describe investigations of sexual abuse or harassment?

A

Department investigators must gather, preserve evidence, surveillance, and interview, all victims perpetrators and or witnesses.
- Review prior complaints
- Notify division commander of possible outcome when Evidence appears to support criminal prosecution
-Make relevant information regarding the status of investigation, available to the department and or requesting agency, so victim may be kept apprised of the investigation

206
Q

What happens when there is probable cause to believe that a detainee had sexual contact with another detail me in a holding cell or any department employee having sexual contact with detainee in a holding cell?

A

If there is probable cause the department will make criminal referral to the district attorneys, office of jurisdiction, or the AGO’s office

207
Q

What happens if an outside agency is investigating allegations of sexual contact?

A

-The department will fully cooperate with investigators, and remain informed about the progress of the investigation

208
Q

What happens if the person quits during an investigation?

A

-The investigation still continues, even if they quit

209
Q

What happens to the reports that are investigated?

A

-Department investigators shall make available to the requesting agency relevant information regarding status of the investigation
-Document That the detainee will be informed of the investigation status by requesting agency
-Retain all written reports pertaining to administrative or criminal investigation of abuse in accordance with the commonwealth retention schedule for as long as the alleged abuse, or is incarcerated or employed by the agency +5 years which ever is longer

210
Q

What do you need to know about sexual abuse incident reviews?

A

The PREA coordinator shall review the incident with the Incident review team, which consists of :
station commander,
-PREA coordinator,
-other department individuals
**within 30 days ** of conclusion of the investigation. - Will conduct a review of the sexual assault case regardless if it was substantiated or not.

211
Q

What shall the review of the incident report include?

A
  • Input from supervisors and investigators
  • Consider, whether alligation indicates a need to change policy or practice to prevent, detect or respond to abuse
    -Consider whether incident or allegation was motivated by bias or gang affiliation
  • Examine area where incident allegedly occurred to assess barriers in the area that may have enabled abuse
  • Assess adequacy of staffing levels and area during different shifts, and
  • Assess whether monitoring technology should be deployed or augmented to supplement supervision by members
212
Q

At the end of the review of incident what happens?

A

-The PREA coordinator shall submit a report to the Colonel with findings and any recommendations for improvement.
-The department shall implement any recommendations for improvement or document its reasons for not doing so.

213
Q

What do you need to know about data collection and review of investigations review and data collection of sexual abuse or harassment?

A

PREA shall annually collect accurate, uniform data for every allegation of sexual abuse or harassment from each Barricks.
-They shall save this data collected for 10 years after the date of initial collection, unless federal, state or local law requires otherwise.

214
Q

What is the departments responsibility for collecting data?

A

-They shall annually review collected data in order to assess and improve the effectiveness of the sexual abuse prevention, detection, responsible, response, policies, and training,
-including identifying problem areas, taking corrective action on ongoing basis, and
-prepare an annual report of findings from its data review, and
- any corrective actions for each lock up as well as agency as a whole

215
Q

What shall the PRA coordinators annual report contain?

A

Shall include a comparison of the current year’s data and corrective actions with those from the prior years, and provide an assessment of the agencies progress in addressing abuse.
- Upon approval of the Colonel, the report shall be made public upon request subject to reduction if appropriate.

216
Q

What does DET – 08 have to do with?

A

Gender, identity and expression

217
Q

Explain the policy of gender identity, and expression?

A

-The department strives to ensure that everyone is it services treated with dignity, respect, and professionalism. Department employees shall not engage in contact that denigrates or shows hostility towards an individual because of their gender identity or gender expression.

218
Q

What’s the definition of adopted/chosen name?

A

-The non-birth name that an individual may use in self reference. This may or may not be the individuals legal name, and may or may not differ from the name on the individuals personal documents. The department employees should be aware that the use of an adopted/chosen name does not automatically equate to an attempt to hide once legal identity, nor does it indicate individuals misrepresenting themselves.

219
Q

What is the definition of gender expression?

A

-External manifestation of gender identity, such as Persons, name, pronoun, clothing, hair, voice, body person, makes it up themselves, or it’s what they show you

220
Q

What is the definition of gender identity?

A

It’s the self identification appearance or behavior, regardless of what they were born as.

221
Q

What is the definition of gender nonconforming?

A

-A person whose identity is different from the persons assigned gender at birth. The internal sense of feeling that they are male or female. Example: I feel like a woman, but I’m really a man.

222
Q

What is a gender, nonconforming female?

A

An anatomically born male who identifies as a female.

223
Q

What is the definition of a gender nonconforming male?

A

They were born female, and it identifies as a male.

224
Q

What is the definition of intersex individual?

A

-A person born with components of both male and female, biological, sex characteristics.
*For example, genitalia , chromosomes, hormones, and secondary sex characteristics, or genitalia that are clearly not male or female. *
-Basically born with both parts.

225
Q

How should you address an individual?

A

-Call them as they request you to call them. When addressing individuals department employees shall adhere to the following:
-When uncertain which pronouns are appropriate use of persons, chosen name, or respectfully asked individual for clarification, for example, how would you prefer to be referred to?
-Address individual by name the individual individual chooses, regardless of whether or not the individual has obtained legal recognition of the chosen name
-Use titles and pronouns, appropriate for the chosen name or gender expression
-In all situations, make every effort to comply with the individuals request in a non-judgmental professional manner

226
Q

What should you do for official documentations and reports Regarding gender identity and expression?

A

For names that are different than what is listed on official documents, members shall:
-Use the Given name on all paperwork
-Also, document the individuals adopted//chose a name within the departments RAMS and
-Use pronouns in descriptors in report using gender identity

227
Q

What do you need to do for searches for individuals with gender identity and expressions that’s different from what they are?

A

-Department members shell adhere to Mass General, laws, policy, and procedure rules and rags when conducting searches on any individual. When’s one members encounter gender nonconforming individuals the member she’ll not perform ace search or a first for the sole purpose of determining an individuals gender. Basically don’t feel them up to see what they are
-Ask the individual what their preference Is regarding the gender of the officer, searching the individual
- When it all possible, have two officers of preferred gender to perform the search, and
-Document within the incident report The circumstances for the search, including the individuals preference regarding the gender of the officers, performing the search.
-When an immediate cursory search for weapons is necessary for safety, the search may be conducted in the field by an officer of either gender.

228
Q

What happens if a gender, nonconforming individuals being detained in a department cell or vehicle?

A
  • No other detainees shall be placed in the same cell placed or transported in the same vehicle. If there’s Risvold grounds to believe that the detainees, safety and security would be at risk.
229
Q

What does a member have to do if they are transporting in gender nonconforming detainee?

A
  • Radio the station/unit desk officer and have a D AJ entry made of the following:
    -Location
    -Preliminary charges against the detainee
    -Intended destination
    -Beginning, odometer mileage, and upon arrival, ending mileage, and
  • If necessary, request back up
230
Q

What happens if a gender, nonconforming individual is held in department, custody, pending bail, transported to another facility, or transported for court?

A
  • They shall be placed in the cell with no other detainees, until they are released from custody or
  • If there are other detainees in the seller ready, and it’s determined that the detainee would be at risk the non-conforming, gender, detainees shall be transported to the nearest station and be placed in a cell by themselves.
231
Q

What does DET – 09 have to do with?

A

Juvenile operations

232
Q

What is the policy of juvenile operations?

A
  • Department shell, and share protection of constitutional rights in compliance with federal and Massachusetts laws and regulations regarding the detention of juveniles. When, appropriate, safe, and feasible in determining how to respond to juveniles remember she use de-escalation strategies and attempt to solve problems, and provide alternates to arrest. When interacting with juveniles members to make every reasonable effort to prevent an incident from escalating.
233
Q

When dealing with juveniles, what should members consider?

A
  • Should consider all approve, diversion options and select the alternative which least restricted juveniles freedom. Some alternate enforcements included, but are not limited to are:
    -Release to parent, legal guardian, or another responsible adult with no further actions
    -Issuing written, citations, or summons to juvenile offenders in lieu of custody
  • Referral to juvenile Court and or
    -Referral to another agency or service for potential diversion alternatives
234
Q

What is important to remember regarding alleged harm to a juvenile?

A
  • Steps should be taken to determine if juveniles in custody of department are alleged to have been harmed, to be in danger of harm, including but not limited to:
    51A’s – neglect or abuse,
    -111B’s– protective custody,
    -94C Dash narcotics violations.
    -Member shall adhere to mandated reported requirements pursuant to SOC – 07C.
235
Q

What’s the definition of a juvenile?

A

A child, who is less than 18 years of age

236
Q

Explain a juvenile under the age of 12 what can they be charged with?

A

Juvenile, who is less than 12 years of age, cannot be charged with a crime

237
Q

Explain the charges for a juvenile ages 12 to less than 18.

A

-A summons is preferred method for bringing all juveniles to court, unless there is a reason to believe the juvenile will not appear, upon issuing a summons

238
Q

Explain arrest warrants, and juveniles?

A

-an arrest warrant will be issued if:
-the court has reason to believe the juvenile will not appear upon a summons
- If the juvenile has been summons, and did not appear or
- If the juvenile violated the terms and conditions of probation

239
Q

What is the definition of a status offender?

A

-Juvenile who engages in unlawful activity, which, if they were an adult would be classified as non-criminal.

240
Q

What are some examples of a status offender?

A

-A child placed into protective custody
-Youth curfew, violations
-A child requiring assistance from 6 to 18 years of age who
-Repeatedly runs away from home
-Repeatedly fails to obey the lawful and reasonable commands of the child’s parent, guardian or legal custodian
-Repeatedly fails to obey the lawful and reasonable regulations of the child’s school
-is Habitually truant
-Is a sexually exploited child

241
Q

What is the runaway assistance program? Or RAP?

A

-It is a program designed to assist police officers were dealing with runaways during the hours that juvenile Court is closed. RAP provides a safe place where police can bring a run a while runaway child ages 17 and under. If after consult consultation with probation the police officer determines that the child cannot be safely delivered to a parent or other responsible adult, including DCF, the officer may call MAS211 by dialing 211 from any phone, and when prompted dials 1 to speak with runaway assist. The specialist who answers can assist officers in finding the closest emergency service program or ESP and the steps for member to safely placed that child.

242
Q

What happens when you call RAP? What do you have to do after?

A

All contacts and placement shall be properly recorded by the member and or desk officer into the DAJ.

243
Q

What’s the definition of a delinquent child?

A

A child between the age of 12 and 18, who commits any offense against the law of the commonwealth provided, however, that such offense shall not include:
-A civil infraction
-A violation of any municipal ordinance or town by law
-A first offense of a misdemeanor, for which the punishment as a fine, imprisonment in a jail or House of correction for not more than six months, or both such fine and imprisonment

244
Q

Describe a non-secure detention of a juvenile?

A

-Any Jeff juvenile who is under the age of 18 or a status offender or a juvenile in protective custody, shall be held in accordance with requirements, specified for non-secure detention of status offenders. These requirements are:
-The area where the juvenile held is in an unlocked multipurpose Section, such as a report, writing room or office out of the public view
- The space is no way design for residential use
-Did you juveniles held long enough to complete identification, investigation, and processing, and then she’ll be released to a parent, guardian, legal custodian, or other responsible adult, or transferred to an alternate juvenile facility or court without delay.
- The juvenile is under continuous visual supervision by a sworn member
-And at no time is an individual to be handcuffed to any stationary object

245
Q

What do you need to know about a status offender and being handcuffed?

A

-His status offender may be handcuffed, but not to a stationary object, which shall not be considered “secure detention”. Juveniles under the age of 14, status offenders, or juveniles in protective custody shall not be placed in a cell.

246
Q

What is the definition of a secured detention?

A

-It’s defined as a physically detained or confined in a rum, set of rooms, or a cell that has the ability to lock in individual within. Secure detention can result from either being placed into a room, or from being physically secured to a stationary objects, such as cuffing real/bench.
At no time is a juvenile to be secured to a stationary object.

247
Q

Describe the procedures for the detention of juveniles

A

-Juvenile may not be held in police custody for longer than 6 hours
-A juvenile in custody should only be hell long enough for the member to complete identification in the booking process. Once identified and booked, the juvenile must be:
-Transported to juvenile court or
- Released to their parent/guardian/custodian, or
-Transferred to the custody of the overnight arrest program after 18:00 on weeknights in any time on the weekday/holidays.
-A juvenile shall never be placed in secure detention for any amount of time
- At no time will they juvenile be placed in a cell if they are between the ages of 14 and 18 unless his cell has been certified by DYS
- A juvenile, who has been securely detain, must be separated by sight, and sound from adults in custody
-Juvenile placed in protective custody for alcohol cannot be securely detained for any amount of time
- Juvenile placed in protective custody for controlled substances/toxic vapors must be transported to an appropriate emergency medical treatment facility
- A juvenile placed in custody in accordance with child requiring assistance or CRA matter cannot be brought back to the barracks.

248
Q

Describe juvenile arrest on a delinquent offense.

A

-When a juvenile is placed under arrest, the Troop duty officer shall immediately notify at least one of the child’s parents or guardian or custodian, whom the child resides, or the department of children and families, DCF

249
Q

What happens if a juvenile is arrested during court hours?

A

-Members must complete the booking process and transport the juvenile to court

250
Q

What happens if a juvenile is arrested during court hours?

A

-Members must complete the booking process and transport the juvenile to court

251
Q

What happens if the juvenile is arrested after court hours?

A

-The Troop, duty, officer or designee will make a determination whether to release or detained juvenile based on the totality of the circumstances present consistent with the department policy. There’s no longer a statutory requirement for the police to contact a juvenile probation officer

252
Q

If the arrest of a juvenile occurs after core hours, what do you need to know about release?

A
  • If there’s no warrant in a troop, duty, officer determined to juvenile should be released. It shall be done upon the acceptance of the written promise from the parent, karma guardian, custodian, or representative a DCF, that they won’t share the juveniles appearance in court.
    -The Troop duty officer will ensure that the member utilizes the SP 122 written promise form to obtain the required written promise.
253
Q

What do you need to know about the written promise SP 122?

A

The release juvenile shall be advised that they must appear in juvenile court the next business day. The troop duty officer will ensure that the appropriate court and appearance date are noted on the SP122 written, promised juvenile form.

254
Q

What should you do if a juvenile between the age of 14 and 18 has been arrested on a warrant?

A

-The troop, duty, officer or designee, shall contact the bail magistrate/bail commissioner.-

255
Q

What do you need to know about a juvenile between the ages of 12 or 13 who has been arrested without a warrant?

A

-That juvenile is prevented from being admitted to bail, and therefore must be released to a parent, guardian custodian, or DCF representative.

256
Q

What do you need to know about bail for a juvenile?

A
  • The bail commissioner will sit bail and conditions of release based on the juveniles current charge, circumstances of arrest, criminal history, and as directed by the arrest warrant.
257
Q

What are the main things you need to know about a juvenile in police custody?

A
  • They shall be separated from sight and sound of adult detainees
    -Juvenile charged with delinquency, offenses shall not be held in a police lock up, or otherwise securely detain for longer than 6 hours
    -The requirement not to release release a defendant for six hours when arrested for violation of domestic violence, strangulation recertification does not apply to juveniles.
258
Q

What do you need to know if a juvenile is unable to make bail or unable to be released?

A

When a juvenile has been charged with a delinquency or youthful offender offense, and is unable to make bail or unable to be released in court is closed, the Troop duty officer must contact youth services Central referral line to coordinate DYS placement after 18:00 on weekends or any holidays. They will give the DYS representative all the pertinent information regarding the arrest in the amount of bail?

259
Q

What do you need to know if a juvenile is being held on a bill fee of $40?

A

DYS has no authority to hold a juvenile in its custody. If they’re only being held on $40 personal recognizance. The troop duty officer shall inform the magistrate of this arrangement will be made to release to juvenile without imposing bail.
-Also, if a parent or guardian refuses to take custody of the juvenile, who is able to be released to Troop duty officer shall file a 51A and notify DCF via the DCF hotline for placement.

260
Q

What will DYS provide the Troop duty officer with?

A
  • The location of the overnight arrest program that the juvenile will be placed in.
261
Q

What happens if the juvenile is suffering from any medical condition not limited to alcohol and or drugs, suicidal tendencies, or use the force requiring medical attention?

A
  • They must be medically cleared prior to placement into DYS overnight arrest program
262
Q

What does the truth duty officer have to do when placing the juvenile in the overnight arrest program with DYS?

A

-Troop duty officer is responsible for obtaining and any current medication’s for the juvenile
-Troop duty officer must also provide a copy of the booking sheet prior to placement.

263
Q

What does the truth duty officer have to do when placing the juvenile in the overnight arrest program with DYS?

A

-Troop duty officer is responsible for obtaining and any current medication’s for the juvenile
-Troop duty officer must also provide a copy of the booking sheet prior to placement.

264
Q

How does the juvenile get to the overnight arrest program?

A

It’s the departments responsibility to transport the juvenile to the overnight arrest program.
- It is also the departments responsibility to transport a juvenile from the overnight arrest program to juvenile court before 9 AM the next business day

265
Q

How does the juvenile get to the overnight arrest program?

A

It’s the departments responsibility to transport the juvenile to the overnight arrest program.
- It is also the departments responsibility to transport a juvenile from the overnight arrest program to juvenile court before 9 AM the next business day

266
Q

What happens if a police officer finds a child present when the officer finds a substance which he reasonably believes is to be a controlled substance listed in class a B or C?

A

Under mass General on 94 C-section 36 requires any child under the age of 18 in the presence of class A, B, or C narcotics the officer may then take the child into custody for less than 4hours.
They must make an effort to notify the parent or guardian
-The child is not considered Arrested and
-there’s a log note of the custody only.

267
Q

Explain transportation of juveniles by the department?

A

-Juveniles may be transported in marked or unmarked cruiser’s
-They shall not be transported with adult detainees
-Or transported to court, or any other institution in a patrol wagon (MGL 119 s 34)

268
Q

Explain a Jenkins hearing?

A
  • If a juvenile is arrested without a warrant, and held in custody for more than 24 hours, they are entitled to a Jenkins hearing to determine whether or not there was probable cause to make the arrest and to continue to hold juvenile. That 24 hour includes the overnight arrest program
269
Q

What are special considerations regarding juvenile detentions?

A

-Members have to take extra extra steps to ensure that juveniles understand their rights. This may include explaining a repeating the Miranda rights, or explaining the department procedures, or juvenile court proceedings to the juvenile. Refer to INV Dash 05 special protections for juveniles regarding interrogations of juveniles.

270
Q

How does the department file the juvenile information?

A

Station commanders shall maintain a separate, secure file, accessible only by authorized personnel, containing all of the identifying data of each juvenile arrested and any related reports, including but not limited to fingerprint and photographs, identifying information
- Records involving criminal charges against juvenile shall be maintain separately from other records as well
- Access to electronic juvenile record shall require system, access, limited to authorized personnel, utilizing password protection

271
Q

What do you need to know about Mass public record law in charge of expungement of juvenile records?

A

-The retention and expungement of juvenile record shall be governed by the Massachusetts Public Records Law, and or a valid court order.
-The department shall adhere to this including the disposition of juvenile records after attaining adult age.
-Expungement of barracks juvenile record shall be administered by the Station Commander pursuant to the department policy in accordance with MSRRS.
-DAS will administer the retention/expungement of juvenile records at the department level.

272
Q

What shall be in the DAJ regarding juvenile detention’s?

A

-Contain all required information except the juveniles name, address, date of birth, and any other identifying data
- Under the “name” section, the word “juvenile” shall appear, followed by a sequential number, starting with the “number one” for the first juvenile arrest, and that year.
- A separate record shall be maintained that links juvenile arrest journal numbers in juvenile identifying information. This record she’ll not be released to the public and or media

273
Q

What do you need to know about the dissemination of juvenile records?

A

-The station commander authorizes the dissemination of juvenile records for a legitimate law enforcement, purpose, or by court order.
- The dissemination of jewel of a juvenile record shall be recorded in the DAJ, identifying the agency record released, the entity to who the record was released, and -ensuring a reference only to the juvenile number.
The DAJ shall contain only the juvenile number, and no other personal data.

274
Q

What do you need to know about reporting juvenile detention’s?

A

-Barracks that have cells approved for juveniles are required by EOPS to submit a monthly lock up docket as directed within the CJIS extranet
- EOPS make contact and Barracks that has arrested a status or juvenile offender to ensure compliance with applicable holding laws. EOPPS uses the information to monitor the Commonwealth compliance with state law and The federal juvenile justice and delinquency prevention act of 1974 and 2002. All members shall assist EOPSS as required.

275
Q

What does DET – 10 have to do with?

A

Protective custody

276
Q

What is the policy of protective custody?

A

Massachusetts State police shall comply with the requirements of MGL, chapter 111 B & MGL, chapter 111 E, when taking an incapacitated person into protective custody.

277
Q

What’s the definition of incapacitated?

A

-The condition of a person who, by reason of consumption of alcohol, and or a controlled substance, toxic vapor, or other substance, other than alcohol is:
DUMP:
-Disorderly
-Unconscious
-medical attention, in need of
-physical harm. Likely to suffer or cause physical harm or damage property or

278
Q

What does an officer need to place a person in protective custody?

A

-The officer needs probable cause to believe that the person is incapacitated. Intoxication alone is not sufficient to warrant a finding of incapacitation.

279
Q

What is protective custody pursuant to MGL chapter 111 B section 8?

A

-Any person who is incapacitated due to the consumption of alcohol, may be assisted by the police officer without the persons consent to:
HHS
HOME
HOSPITAL
STATION
the persons residence, to a medical facility, or to a police station.

280
Q

What is protective custody pursuant to MGL chapter 111 E section 9E?

A

Any person who is incapacitated due to the consumption of any substance other than alcohol, may be placed into protective custody by police officer without the persons consent for the immediate purpose of transporting the person to an acute care hospital, or an emergency facility.

281
Q

What is a two-step process of determination of incapacitation?

A

-Assessment of incapacitation

282
Q

What is a two-step process of determination of incapacitation for alcohol 119B s 8.

A

1) Assessment of incapacitation
2) Assessment of intoxication

283
Q

What is the assessment of incapacitation For alcohol?

A

A person, who, by reason of consumption of alcohol is:
unconscious,
-in need of medical attention,
-likely to suffer or cause, physical harm, or damage to property, or
-disorderly is deemed incapacitated.

284
Q

What is the step two assessment of intoxication for alcohol?

A
  • Right to a breathalyzer
    -Presumption of intoxication for anyone with a BT of .10 or above is presumed intoxicated
  • Sobriety testing if any person has a BT of .06, .07, .08 or .09 the police are authorized to administer sobriety testing.
  • Only when such test of coordination or speech, coherency indicates that the person is intoxicated, they shall be placed into protective custody.
285
Q

What are the two step assessment for non-alcohol, protective custody 111E s 9A

A
  • Assessment of incapacitation
    -Assessment of impairment
286
Q

Explain assessment of incapacitation of substance other than alcohol?

A
  • A person who, by reason of the consumption of substance other than alcohol is:
    D.U.M.P.
    DISORDERLY
    UNCONCIOUS
    MEDICAL ATTENTION
    PHYSICAL HARM
    -Unconscious
    -In need a medical attention or
    -Likely to suffer cause physical harm or damage property or
    -Disorderly
    is deemed incapacitated
287
Q

What is the step two assessment of impairment for a substance other than alcohol?

A

-A police officer may ask a person to consent to reasonable test of coordination, coherency of speech, and breaths to determine the persons incapacitation. A police officer may place a person into protective custody, one such tests, or other information or observations indicate that the person is incapacitated.

288
Q

When must a police officer release a person forth with For alcohol?

A

-If an adult is .05 or less must release forthwith
- However If a minor registers on BT, any reading must be released to parent, Guardian, or responsible adult

289
Q

What is the role of a police officer when taking a person into protective custody for alcohol?

A

-A police officer shall assist an incapacitated person by bringing him or her to:
HHS ( home, hospital, station)
-That person’s residence or
-A police station
-Facility
**NOTE: if a person is brought to a police station that person has a right to request and be administered a breathalyzer test and make a phone call

290
Q

What is the role of a police officer when taking a person into protective custody for a substance other than alcohol?

A

-A police officer shall assist an incapacitated person by:
-Immediately transporting the person to an acute care hospital or satellite facility or
-Obtaining appropriate immediate emergency medical treatment / EMT for the person

291
Q

What do you need to know about juveniles taken into protective custody for alcohol?

A
  • A parent, guardian or custodian of a juvenile to be held in protective custody and police station. Parent Shall be notified forthwith upon the juveniles arrival or as soon as possible there after.
    -Juvenile who is held in protective custody at a police station shall upon request of their parent guardian or legal custody, and be released to them
    -Members shall ensure that the detention of juvenile shall conform to general order DET – 09 juvenile operations
292
Q

What do you need to know about juveniles being taken into protective custody for substance other than alcohol?

A

-The parent, guardian or legal custodian of any juvenile placed into protective custody, shall be notified as soon as practical
-A juvenile place in protective custody for controlled substances/toxic vapors must be transported to an appropriate emergency medical treatment facility

293
Q

What do you need to know about time constraints for an adult taken into protective custody For alcohol?

A
  • No, adult shall be held more than 12 hours. If the person is incapacitated in protective custody at a police station, they can be held until the person is no longer incapacitated, or for a period of no longer than 12 hours, whatever is shorter.
294
Q

What do you need to know about time constraints for an adult held into protective custody for a substance other than alcohol?

A

-A person cannot be held in protective custody beyond the time required to complete the transport of the individual to a hospital or satellite emergency facility. Legislation does not provide a timeframe for how long transport would take to be completed or medical treatment sought.

295
Q

What kind of use of force may be used to put a person in protective custody?

A

-Reasonable force may be used to take a person into protective custody

296
Q

What do you need to know about search an inventory items for a person taken into protective custody?

A

-Officers may search the person in immediate surroundings for weapons. Any items seized will be inventoried and returned, if lawfully possessed.

297
Q

What kind of documentation must be done for a person taken into protective custody for alcohol?

A

Mass make an entry in the report narrative indicating the following:
-The date, time, place of custody
-Name of the assisting officer
-The name of the officer in charge
-Whether the person is held in custody exercise their right to make a phone call
- Whether the person held in custody exercise her right to take a breathalyzer test, and the result of the breathalyzer test, if taken, and
- Name of the facility notified, and if transportation was an arranged
A SP 850 Protective Custody form demonstrating subject was read and understood these rights must be completed.

298
Q

What is the status of protective custody?

A
  • It is not considered an arrest
299
Q

What are additional considerations for a person taken into protective custody for alcohol?

A
  • If a member subsequently placed into protective custody is subject, who has been bailed after having been arrested for oui alcohol, the member shall process the subject according to MGL 111 B and this General order. Refer also to TRF – 14 operating under the influence.
300
Q

What are additional considerations for a person taking in protective custody for a substance other than alcohol?

A

If a subject received Narcan and has regained consciousness, and may be still appropriate to place the subject and protect, protective custody and transport them to a medical facility, if the training and experience of the officer indicate that for further medical attention is appropriate.

301
Q

What do you need to know about protective custody of children? In the presence of controlled substances?

A

-According to Mass General, law, 94, C-section 36, members may place a child into protective custody for no more than four hours if:
-The member has reasonable belief that the child has not reached her 18th birthday, and
- The child in the presence of Class, A, B, or C of chapter 94,C section 31, and
-The members reasonable belief that the controlled substance is in violation of chapter 94,C section 31, and
-The child knew of the presence of the controlled substance.

302
Q

What are you do for a child who is in protective custody due to the presence of 94C?

A
  • Persons having custody shall notify the chair, child’s parent guardian or a person having lawful custody.
  • The person shall be considered acting in the conduct of the official duties, and should not be held criminally of civil liability for such acts
    NOTE: A child detained under 94 C-section 36 shall not be considered to have been arrested or to have a criminal record for any purpose. Only department record of custody shall be made by the member, indicating the circumstances of the custody.
303
Q

What is a non-secure detention for juvenile in protective custody?

A

For PC for juvenile under chapter 111 B, section 8. The juvenile held in custody should be held in accordance with specific nonsecure detentions the requirements for this are the following:
-Unlocked
-Out of public view
-A report room/multipurpose room
-Not a residential area or room
-Hell, long enough for ID, processing, released to guardian, or transferred to juvenile facility
-Under continuous supervision
-No access for CJIS or confidential info
-No handcuffs to a stationary object
-No cell

304
Q

What are the three things you need to know for a child placed in protective custody due to controlled substances?

A

1) Four hours or less in custody
2) It’s not an arrest
3) No criminal record for this only department record of custody shall be made

305
Q

What is the form that allows for he parent get their child and promise the will be in court if there was no warrant for the arrest?

A

SP 122