Persons in Custody

Question 1

Supervision

Officer in Charge notification mandatory:

Answer 1

 when transporting a prisoner who requires priority in booking
 when a person in custody requires medical attention
 upon arrival at a police station with a person in custody
 when entering or leaving a detention facility with a person in custody
 when receiving a person for lodging in police cells
 when in doubt regarding the contents of the medication container, or if the prisoner requests medication in excess of the prescribed dosage, or if the prisoner exhibits signs of alcohol or drug consumption
 if Booking Hall System (BHS) or Detention Area Monitoring System (DAMS) equipment malfunctions

Question 2

A young person under 18 years of age may be lodged in a divisional cell only

Answer 2

 to prevent injury or to protect others from aggressive behaviour and
 when there is no adult present in the cells, OR
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 when there is an adult present in the cells and there is adequate space to isolate the young person from the adult.

Question 3

In order to maximize the safety of prisoners held in police custody and the Service members assigned to their care, it is the practice of the Toronto Police Service that the following property be removed from every prisoner

Answer 3

 valuable property
 evidence
 implements of escape
 offensive weapons as defined in the Criminal Code
 items which could be used as a ligature including belts, ties, and shoelaces
 items which could be used to cause damage to property including matches, lighters, combs, keys and other sharp objects
 prescription and over the counter medications
 tobacco products - With respect to assistive/prosthetic devices, comply with the Duty to Accommodate sections below

Question 4

Duty to Accommodate Persons with Disabilities

When required, any infringement of a person’s right to be accommodated must be….

Answer 4

minimal in nature, and no more than is necessary to achieve the desired objective.

Question 5

When it is determined that a person with a disability cannot be accommodated while in custody,

Answer 5

members must clearly articulate the reasons for the determination in their memorandum book including all accommodation options considered.

Question 6

Member

When transporting a person in custody shall

Answer 6

 using only those handcuffs, leg irons and other restraining devices authorized by the Chief of Police, place the person in handcuffs using the approved manner and utilize the double–lock mechanism where possible in order to
 prevent the escape of a person in custody
 control the violent activities of a person in custody
 when handcuffs are not used, be prepared to justify this decision
Keeping in mind officer and public safety, officers may use discretion when determining whether to handcuff an individual as it may not be practical or necessary in all circumstances (e.g. due to a person’s medical condition, age, disability, pregnancy, or frailty)
 not leave the prisoner unattended
 place the person in the rear of the police vehicle
 allow one (1) prisoner per vehicle (wagons excepted), when possible, comply with Appendix E when transporting trans person
 permit only those police officers involved in the investigation inside the vehicle with an arrested person
 ensure prisoners and civilians (e.g. witnesses) are not transported in the same police vehicle  prior to departure, advise the communications operator of the destination, the gender identity and age of the person, and the odometer reading
 advise the communications operator of the odometer reading upon arrival

Question 7

When requested by another member to transport a person in custody to a police station shall..

Answer 7

• record the following information in the memorandum book
   arresting officer’s name
   reason for the arrest and continued detention
   requesting member’s name, badge number, rank and unit
   person’s name and charge
   any other pertinent information relating to the person or to the arrest
• provide the requesting member with their name, rank, badge number and unit

Question 8

When transporting a prisoner who, due to their mental, physical or emotional condition, requires priority in booking and processing to decrease the likelihood of a confrontation, health or safety risk shall

Answer 8

 request the communications operator to notify the Officer in Charge of the station to which the prisoner is being transported
 attend the station and book the prisoner as soon as practicable

Question 9

When a person in custody requires medical attention due to illness, injury or intoxication shall

Answer 9

 if necessary, and if qualified in standard first aid and CPR, perform first aid and/or CPR on the person, as required
 transport the person to the nearest hospital if safe to do so, or request the attendance of Toronto Paramedic Services (Paramedics)
 notify the Officer in Charge

Question 10

Upon arrival at a police station with a person in custody shall

Answer 10

 request entry
 escort the person into the facility
 read the posted TPS 191 to the person while the BHS is recording
 take the person before the Officer in Charge
 advise the Officer in Charge of
 the reasons for the arrest
 the reasons for continued detention
 any other pertinent information relating to the person or to the arrest including, but not limited to
1. known or suspected suicidal tendencies
2. violent tendencies
3. serious medical conditions
4. assistive devices
5. safety concerns
6. injuries
7. emotional disturbance, any known mental illness or developmental disability
8. medication, or whether any medication has been administered
9. impairment due to alcohol or drugs
 comply with the Procedure 01–02
 to ensure the safety of the person and to prevent injury or escape, remove and secure personal property from the prisoner

Question 11

Prior to lodging a person in police cells shall

Answer 11

 take the person before the Officer in Charge and advise of any pertinent information relating to the person or to the arrest including, but not limited to
 known or suspected suicidal tendencies
 violent tendencies
 serious medical conditions
 assistive devices
 safety concerns
 injuries
 emotional disturbance, any known mental illness or developmental disability
 medication, or whether any medication has been administered
 impairment due to alcohol or drugs

Question 12

Where a person in custody exhibits violent behaviour, or threatens or attempts suicide, and it is believed that the person’s Master Name Index (MNI) and Criminal Numerical Index (CNI) file should include a “caution flag” shall

Answer 12

 add the information to the Remarks field in the person’s MNI
- Records Management Services – Operations (RMS–Ops) will receive and add the applicable information to CPIC.
 submit a TPS 227, if applicable

Question 13

Where a person in custody has provided a false name or identification shall update the information in the MNI and all other relevant records as soon as possible.

Answer 13

where the chosen name of a trans person aligns with their gender and lived identity but does not match their identification documents shall ensure the person’s chosen name and pronoun are consistently used

Question 14

Designated Operator
The member designated to operate the audio/video equipment.
After the person has been lodged in a cell shall

Answer 14

 monitor the person
 notify the Officer in Charge in the event of any emergency incident involving the person including, but not limited to
 sickness and medical treatment
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 any injury or attempt suicide
 any assault, aggressive or bizarre behaviour
 any event which is likely to result in a complaint or SIU investigation
 any change in condition of persons in custody
 ensure the DAMS units are operating properly
 immediately notify the Officer in Charge if the equipment malfunctions

Question 15

Officer in Charge
When notified about a prisoner who, due to their mental, physical or emotional condition, requires priority in booking and processing to decrease the likelihood of a confrontation or safety risk shall process the prisoner as soon as practicable.
When a person in custody is brought into the station shall

Answer 15

 consider whether the circumstances of the arrest and continued detention is lawful and required
 ensure the person has been informed of the reasons for the arrest
 evaluate the physical and mental state of the person
 inquire into any
 suicidal behaviour
 existing injury and related circumstances
 existing medical condition, including but not limited to: physical illness, mental illness, alcohol use and/or addiction, drug use and/or addiction
 safety concerns
 other self–disclosed condition to which police should be alerted and comply with Appendix A, and make necessary notations in the appropriate Arrest Booking/Cell Management screen, if applicable
 ensure the person is transported to hospital, if required
 inquire if the person has an item of religious significance on their person or in their possession, and comply with item 32, if applicable  inquire if the person has personal gender-affirming articles or gender-affirming prosthetics on their person or in their possession, and comply with item 30, if applicable
 ensure the person has been informed of the right to counsel, including the availability of free legal advice through Duty Counsel and Legal Aid
 ensure reasonable access to a telephone is afforded as soon as practicable and “no call desired” or the telephone number is recorded in the Arrest Booking/Cell Management screen
- Telephone conversations with counsel shall be in private where conversations cannot be overheard.
 ensure the necessary notations are made in the Arrest Booking/Cell Management screen
 record all pertinent information in the memorandum book

Question 16

OIC

When a person in custody has a disability requiring the aid of an assistive device shall

Answer 16

 shall assess whether to permit the person to keep their assistive device by
 considering all risk factors, including those contained in Procedure 01–02, Appendix B
 considering all available accommodation options, such as placing the person in a segregated cell
 should permit the person to keep their device while in custody, if possible
 upon determining that a person in custody cannot be accommodated, shall clearly articulate the reasons for the determination in the memorandum book, including all accommodation options considered
- Assessments of whether a person should be permitted to keep their assistive device while in custody shall be made on a case-by-case basis.

Question 17

OIC
When a person in custody has gender-affirming personal items or gender-affirming prosthetics on their person or in their possession shall:

Answer 17

• assess whether to permit the person to keep their gender affirming item or gender-affirming prosthetic - Assessments regarding the retention of gender-affirming personal articles including gender-affirming prosthetics shall be made on a case by case basis complying with 1.9.2 Standards of Conduct considering all risk factors, including those contained in 01-02 Appendix B, 01-02 Appendix C and Appendix E. All available accommodation options shall be considered when making an assessment. - permit the person to keep their item/device to the point of undue hardship  if allowing the person to retain the item, make the appropriate notation in the Property screen
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   upon determining that a person in custody cannot be accommodated, shall clearly articulate the reasons for the determination in the memorandum book and the Booking and Search Template, including all accommodation options considered  if removing the item from the person, do so in compliance with Procedure 01-02 Appendix C and Appendix E

Question 18

OIC
When notified in accordance with items 18 and 25 that a decision regarding a person’s accommodation while in custody requires reassessment, due to a change in circumstances, shall

Answer 18

 reassess the situation accordingly
 ensure all pertinent details regarding the reassessment are recorded in the Arrest Booking/Cell Management screen
 record all pertinent details regarding the reassessment in the memorandum book

Question 19

OIC

When removing personal property from persons in custody shall ensure

Answer 19

 prior to removing the property, the person is informed of the safety concerns that require its removal
 the property is removed, inventoried and secured in a property bag in compliance with Procedures 01–02, 09–01 and 09–06
- The property bag may remain unsealed for investigative purposes providing it is in a secured location, but must be sealed prior to transport. The sealed property bag shall accompany the prisoner through the justice system.
 the person’s money is counted and other property are inventoried aloud and on camera in the presence of the individual
 all money and property are recorded in the Property screen
 the person signs the Property form, as directed in Procedure 09–06
 the property is inventoried on camera as it is returned to the person upon their release from custody

Question 20

OIC

When a person in custody has an item of religious significance on their person or in their possession shall:

Answer 20

 evaluate the safety risks that may result from allowing the person to retain the item
 if allowing the person to retain the item, make the appropriate notation in the Property screen
 if removing the item from the person, do so in compliance with Procedure 01–02, Appendix D

Question 21

OIC

When a person in custody has apparently consumed liquor shall

Answer 21

 ensure the arresting police officer has complied with Procedure 03–05, if the person is intoxicated
 inquire when the person had their last drink
 ensure the appropriate entries are made on the TPS 300 and the Arrest Booking/Cell Management screen for each booking process, if applicable

Question 22

OIC

Upon determining the detention of the person is not required shall

Answer 22

 release the person in compliance with the appropriate release procedures in Chapter 1
 when the person in custody is a young person, ensure a parent, legal guardian, adult relative, adult friend or spouse is notified without delay and requested to attend the station

Question 23

OIC

Upon determining the detention of the person is necessary shall

Answer 23

 ensure the investigation is continued by the arresting officer and/or by the appropriate detective personnel
 ensure front line officers are returned to active duty as soon as practicable
 only permit the following individuals to interview a person in custody
 police officers involved in the investigation
 defence counsel
 members of law enforcement or government agencies involved in the investigation, at the request of the investigating officer
 crown attorney or assistant
 a parent, relative, spouse or adult friend (young person only)
 spouse or immediate relative (at conclusion of investigation only)
 a consular official, where the person in custody is a foreign national as defined in Procedure 04–13

Question 24

OIC
Upon determining a person in custody will be turned over to another law enforcement agency for investigation shall ensure

Answer 24

 front line officers are returned to active duty as soon as practicable
 the applicable eReports and the Arrest Booking/Cell Management screen have been properly completed
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 the receiving law enforcement agency is made aware of any pertinent information regarding the person in custody including, but not limited to
 known or suspected suicidal tendencies
 violent tendencies
 serious medical conditions
 assistive devices
 safety concerns
 injuries
 emotional disturbance, any known mental illness or developmental disability
 medication, or whether any medication has been administered
 impairment due to alcohol or drugs  accommodations to protect the rights of a trans or gender diverse person

Question 25

OIC

When receiving a person for lodging in police cells shall ensure

Answer 25

 female prisoners are
 segregated from male prisoners when it is necessary to place them in police cells, or
 transported to 55 Division, which is the only lock–up designated to receive female prisoners
 accused young persons are segregated from adult prisoners when it is necessary to detain them in a divisional cell pending release or transport to a young persons’ lock–up
 all members responsible for monitoring the condition of persons in police cells are made aware of any pertinent information regarding the person including, but not limited to
 known or suspected suicidal tendencies
 violent tendencies
 serious medical conditions
 assistive devices
 safety concerns
 injuries
 emotional disturbance, any known mental illness or developmental disability
 medication, or whether any medication has been administered
 impairment due to alcohol or drugs
 individuals suspected of having suicidal or violent tendencies or serious medical conditions are more closely monitored and checked as frequently as possible
 trans persons are lodged in compliance with Appendix E
 a copy of all required eReports accompany the prisoner and that such reports are complete and accurate

Question 26

OIC

When there are persons lodged in the police cells shall ensure

Answer 26

 the cells are physically attended to check the condition of persons detained in custody
 a target of 30 minutes is used between cell checks having regard for all the circumstances during the tour of duty
 the cell checks are recorded in the Cell Check screen as directed in Appendix B
 any change in the condition of a person in custody is reviewed
 necessary medical attention is given to the person
 all property brought to the police facility for a person in custody is checked for contraband before allowing the person access to the property
 the physical and medical condition of persons in police cells are reviewed with the relieving Officer in Charge at the change of shift

Question 27

OIC

Prior to a person being transported to a lock–up, criminal court or detention centre shall ensure

Answer 27

 necessary medical attention is given to the person
 the necessary eReports are completed for a first court appearance in compliance with Procedure 12–01
 compliance with Procedure 01–15, if applicable
 the Officer in Charge of the destination lock–up is advised when a person is to be transported to the lock–up
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 the officer advises the transporting officers and the Officer in Charge of the receiving facility of any known issues regarding the health and safety of the person, including
 known or suspected suicidal tendencies
 violent tendencies, and/or
 a serious medical condition
 injuries
 assistive devices
 safety concerns
 emotional disturbance, any known mental illness or developmental disability
 medication, or whether any medication has been administered
 impairment due to alcohol or drugs
 sufficient police escort is provided
 the person’s property is handled in compliance with Procedure 09–06
 prescribed medication and a Medication Report accompanies the prisoner

Question 28

OIC

When in charge of a unit with audio/video equipment in the detention facility shall ensure

Answer 28

 persons in custody are booked and released on camera
 equipment is operated by trained designated operators in compliance with this Procedure
 the completed BHS DVD and TPS 175 are submitted by the booking officer for review
 the MPVD# from the BHS DVD is entered on the TPS 192, and the completed BHS DVD and TPS 175 are deposited in the transport bin
 the DAMS is operating properly
 requests for repairs or adjustments to the equipment are reported to the Help Desk (local 8-4357)
 appropriate entries are recorded for each person in the Arrest Booking/Cell Management screen

Question 29

OIC
When a prisoner claims to be a methadone patient shall ensure that such persons are informed that their prescribed dosage can only be obtained

Answer 29

 following release from custody, or
 if remanded in custody, by request to corrections staff and after corrections staff has consulted with the prescribing doctor.

Question 30

OIC

When the prisoner complains of symptoms associated with the non-receipt of their prescription, shall ensure

Answer 30

 medical advice (i.e. Telehealth Ontario) is sought, or the person is transported to a hospital for assessment by a doctor for short term health risks
 while in police custody, such persons are not transported for treatment at any place other than a hospital
 if the person is transported to a hospital, that staff are advised the purpose of the visit is not to receive their prescribed dosage
 the results are noted in the crown brief, the Arrest Booking/Cell Management screen and the Prisoner Transportation Report

Question 31

OIC

If an incident occurs in an area being monitored and recorded by the DAMS shall

Answer 31

 ensure that assistance is immediately rendered and that the incident is dealt with in the appropriate manner
 once the incident has been resolved, and it is determined that the recording should be retained, notify PVEMU to retrieve and preserve the relevant security recording
 ensure the incident, along with a notation that the recording has been preserved, is made in the appropriate Arrest Booking/Cell Management screen and the UCMR

Question 32

Officer in Charge of a Lock–Up
When receiving a person for lodging in the cells, in addition to the duties of an Officer in Charge as outlined in this Procedure shall

Answer 32

 accept custody of the person where the original unit has complied with the applicable procedures
 ensure relevant information concerning the person is recorded in the Arrest Booking/Cell Management screen
 review the Prisoner Transportation Report for any cautions and remarks
 record any observations regarding a prisoner’s physical or mental condition

Question 33

OIC LOCK UP

During the normal operating hours of criminal courts or detention centres shall ensure

Answer 33

 transport of the person from the lock–up at the earliest opportunity
 the transporting officers of the receiving facility are notified of any known issues regarding the health and safety of the person, including
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 known or suspected suicidal tendencies
 violent tendencies, and/or
 a serious medical condition
 injuries
 assistive devices
 safety concerns
 emotional disturbance, any known mental illness or developmental disability
 medication, or whether any medication has been administered
 impairment due to alcohol or drugs
 a copy of the applicable eReports are attached to the Prisoner Transportation Report

Question 34

Case Manager

When a person is lawfully held in custody and an investigation is initiated shall

Answer 34

 conduct a thorough investigation and advise the Officer in Charge of any information pertaining to the release or detention of the person
 ensure front line officers are returned to active duty as soon as possible