14.02 Operational General Order Uniform Division Virginia Beach

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Operational General

Order

14.02 Department Temporary

Detention Facilities

ORIGINATOR/REVIEW

Uniform Division

SUBJECT

Virginia Beach Police Department General Order

Chapter 14 - Detainees and Prisoners

DISTRIBUTION

ALL

CALEA: 71.1.1, 71.2.1, 71.3.1, 71.3.2, 71.3.3, 71.4.1, 71.4.2, 71.4.3

BY THE AUTHORITY OF THE POLICE CHIEF:

Purpose:

To establish guidelines to govern the operation and maintenance of the Temporary

Detention Facilities which are the direct responsibility of the Virginia Beach Department

of Police.

Definitions (CALEA 71.1.1):

Temporary Detention - Detention of a person for the purpose of processing or testing.

Temporary detention is measured in hours and does not involve housing or feeding

detainees except in extenuating circumstances. The Virginia Beach Police Department

has Temporary Detention Facilities located within the Second and Third Precincts

designed and approved by the Virginia Board of Corrections for the detention of

arrested subjects for up to eight hours. Temporary Detention areas are clearly

designated with placards at all entry points.

Holding Facilities – A confinement facility outside of a jail where detainees are

housed, receive meals, and can be detained for periods involving days and overnight

stays for a period of not more than 72 hours, excluding holidays and weekends. The

Virginia Beach Police Department does not operate a Holding Facility.

Central Booking – The entry point of the Virginia Beach City Jail intended for the

processing of prisoners in custody once transferred from Virginia Beach Police

Department officers to Deputies of the Virginia Beach Sheriff’s Office.

Policy:

The Police Chief shall be responsible for the operation of the Temporary Detention

Facilities and ensure conformity with the minimum standards issued by the Virginia

Board of Corrections and the Commission on Accreditation for Law Enforcement

Agencies.

The Commanding Officers of the Second and Third Police Precincts are accountable to

the Police Chief for the operation of the Temporary Detention Facilities within their

respective commands. They are to ensure the following procedures are implemented

and adhered to.

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Use of Department Temporary Detention Facilities (CALEA 71.3.1 E)

Temporary Detention Facilities are designed and intended for housing arrested subjects

for short periods of time, until the subject posts bond or is transferred to the Virginia

Beach City Jail. Temporary Detention Facilities are operated by the arresting officers,

Precinct Desk Officers; Sheriff’s Deputies or trained sworn officers who have received

training in the operation of the facilities. Supervisory members are responsible for

ensuring that each precinct adheres to all the directives of this policy.

A. If a PDO, trained sworn police member, or Sheriff’s Deputy is not on duty, the

Temporary Detention Facility must not accept prisoners and all detainees should

be transported to Central Process.

B. Temporary Detention Facilities may be used to house detainees for no more than

three hours. If it becomes necessary to hold the detainee longer, a supervisor

must approve the detention; Under no circumstance will a supervisor approve a

detention longer than eight hours;

C. Female detainees will be housed separately from male detainees;

D. Juvenile detainees will only be housed in Virginia Board of Corrections approved

Temporary Detention Facilities and will be separated from adult detainees by sight

and sound at all times and will be monitored at all times by an officer.

E. Visitation from family members, clergy, or attorneys will not be permitted at

Department Temporary Detention Facilities. Should visitation be required, the

detainees will be moved to the Virginia Beach City Jail, and visitation arranged

through the Virginia Beach Sheriff’s Office.

Physical Requirements (CALEA 71.3.3 (A, B) 71.4.1, 71.4.2)

In accordance with the requirements of the Virginia Board of Corrections, and for the

safety and security of detainees and department personnel, Department Temporary

Detention Facilities will provide for the following:

A. Firearms, ammunition, and edged weapons are prohibited in Temporary Detention

Facilities at all times unless responding to an armed threat within the facility. Lock

boxes are provided at the entrance to each Temporary Detention Facility to

provide for the safe and secure storage of these types of weapons.

B. Each detainee will have access to drinking water and toilet facilities.

C. Due to the limited time a detainee will spend in a Departmental Temporary

Detention Facility, there will be no need to provide food service, a bed, bedding, or

shower facilities.

D. Each Department Temporary Detention Facility will provide adequate lighting and

the circulation of fresh or purified air.

E. Emergency exit(s) facilitating evacuation of persons from the facility to hazard-free

areas will be designated in writing and posted within the Temporary Detention

Facility in an evacuation plan. The evacuation plan will include all available means

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of exit and will account for a secure temporary detention area as an alternative to

the facility or transportation to another Temporary Detention Facility, hospital (as

required), or the Virginia Beach City Jail;

2. Automatic fire detection equipment including alarms and suppression

equipment will be provided and maintained in each Temporary Detention

Facilities;

3. Electronic surveillance systems will be utilized in the Temporary Detention

Facility for observation and safety purposes.

Detainee Conduct / Rights (CALEA 71.3.1 A)

Rules for detainee conduct (PD-156) will be posted in both English, and other

languages, at a conspicuous location within Temporary Detention Facilities. Arresting

officers who discover that a detainee cannot read the rules set forth in this order will

read the rules to the detainee. When translation needs are not met, the detainee, a

translator will be arranged for through a supervisor, or the detainee will be transported

to the Virginia Beach City Jail.

As the amount of time that a detainee is held in Virginia Beach Police Department

Temporary Detention Facilities is limited to three (3) hours, and the facility serves to

hold detainees temporarily prior to transfer to the City of Virginia Beach city jail, the

police department is not responsible for ensuring the court appearances for detainees.

The City of Virginia Beach Police Department is not responsible for the following:

A. Ensuring court appearances for detainees

B. Providing facilities that allow for confidential access for attorneys.

C. Providing meals

These functions shall be accomplished by the Virginia Beach Sheriff’s Office which

operates the City of Virginia Beach City Jail.

Detainees will be allowed to make at least two local or collect long-distance telephone

calls if requested, each call not to exceed 15 minutes. If the detainee is unable to

complete the telephone call without assistance, then a member of the staff should

provide such assistance or make the telephone call for the detainee, if so requested.

The ability to afford a detainee with the opportunity to make more than two telephone

calls will be dependent upon the number of sworn personnel who are available to

provide the required security associated with the movement of the detainee from the

temporary detention cell to the telephone and from the telephone back to the temporary

detention cell. No detainee should be permitted to make a telephone call from a

telephone that is outside the security areas.

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If security conditions within the precinct render it unfeasible to permit the detainee to

make the telephone call prior to being placed in the temporary detention cell, the

detainee shall be afforded the opportunity of placing the call within 60 minutes of being

placed in the temporary detention cell or as soon as practical.

Detainees’ right to make bond shall not be impeded or delayed by those members

working in Temporary Detention Facilities. Once notified that a bond has been posted

or the requirements of a release have been made, officers and/or PDO's shall arrange

for the release of the detainee as soon as possible. All prisoners that have been

arrested for charges, which require that they be processed, shall have all processing

completed prior to their release from Temporary Detention Facilities.

Punishment shall not be utilized to correct or discipline any detainee. Tear gas, noxious

irritant spray, chemical mace, or any similar device or substance will only be used when

other methods of control have failed or an immediate threat of physical injury to an

employee or inmate exists. If such substance or device is utilized, it shall be reported to

the immediate supervisor, in accordance with use of force reporting guidelines

established in General Order 5.01 (Use of Force).

Supervision of Detainees (CALEA 71.3.1 B, 71.3.1 D, 71.3.2, 71.3.3 E, F)

In the interest of the safety and welfare of the detainees during the period for which they

are detained in Department Temporary Detention Facilities, Officers or Precinct Desk

Officers shall monitor and supervise those detained in the Temporary Detention

Facilities. The following provides guidelines for the supervision and monitoring of

Temporary Detention Facilities detainees.

A. When Temporary Detention Facilities are in use, the on-duty supervisor will ensure

that detainees are under constant supervision by the Precinct Desk Officer as well

as additional personnel, if required.

B. When a detainee is brought to a processing or testing area, they must have

constant supervision.

D. Electronic surveillance equipment will only be utilized for safety and security

purposes. The audio part of this equipment allows department personnel to

monitor Temporary Detention Facilities and respond to detainees or officers calls

for assistance.

E. Whenever possible, detainees shall be observed and/or supervised by a staff

member of the same sex. If circumstances dictate otherwise, the staff member

shall ensure that due regard is shown toward the rights and dignity of the

detainees and that another staff member monitors the contact with the detainee.

F. No detainee will be supervised by or have any authority over another detainee. If

known to the officer or Precinct Desk Officer that a situation such as this is

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developing, then the detainees will be separated or transferred to the Virginia

Beach City Jail.

G. Detainees may be secured to immovable handrails designed for this purpose

during processing. While secured to the immovable handrail, the detainee will be

observed at all times.

Management of Special Detainees

Medical / Mental Illness

If during the pre-detention screening an officer determines that a detainee requires

medical care (other than emergency medical care) or is under the care of a mental

health professional or is exhibiting characteristics associated with mental illness the

detainee will not be detained in a Virginia Beach Police Department Temporary

Detention Facility and will be transported to the Virginia Beach City Jail for processing.

Officers will be responsible for advising jail personnel of the mental illness concerns

associated with the prisoner.

In the event that medical issues or mental illness issues are not known to the arresting

officer prior to detention, the following guidelines shall apply:

When medical or mental illness issues become apparent, a detainee should be

administratively separated (administrative segregation) from other detainees whenever

their behavior, mental condition, or other factors are such that they may harm

themselves, be harmed by others, or whenever they may cause damage to the facility.

After separation, the detainee should be transported to the Virginia Beach City Jail.

If during the pre-detention screening, an officer determines that a detainee is under the

care of a mental health professional or is exhibiting characteristics associated with

mental illness, immediate steps will be taken to ensure proper care or committal. Until

an evaluation or treatment is available, the detainee will be housed in a private cell.

They will be monitored constantly by the arresting officer or a sworn designee. Under

no circumstances will a detainee who is experiencing a mental health crisis be left

unsupervised.

Potential for Assault

Additionally, if during initial screening it is determined that a detainee is susceptible to

physical or sexual assault or abusive treatment by other detainees, consideration

should be given to either transporting the detainee to the Virginia Beach City Jail or

segregating the detainee in an individual cell until transferred. This includes instances

where it is suspected that the detainee is a threat to discipline or is vulnerable to attack

by other inmates.

Intoxication / Violence

All detainees who are violent exhibit self-destructive behavior or are under the influence

of alcohol or narcotics to the point of being a risk to their safety or the safety of others

shall be segregated from other detainees by either detained in an individual cell or

transferred to the Virginia Beach City Jail. EMS will be notified, if necessary. These

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detainees will be under close observation by precinct personnel until released or

transferred.

Administrative Segregation

Prior to segregating inmates from others detained in Temporary Detention Facilities,

there must be specific factors, which substantiate the segregation. These risk factors

should be documented on the detainees Precinct Detention Record Form (PD-79-3) and

the precinct detention log. Included in the information will be the date and time of the

transfer as well as the name of the officer(s) making the transfer. Upon transfer to the

Virginia Beach City Jail, related to Sheriff’s Deputies accepting the transferred detainee.

Detainees transferred to individual cells in Temporary Detention Facilities for

administrative segregation purposes are to be afforded living conditions and privileges

which are the same as those available to the general population. The precinct

detention log will document any detainee moved for segregation purposes at Temporary

Detention Facilities and all transfers to the correctional facility which result from

administrative segregation decisions and will include the date and time of the transfer as

well as the names of the officer(s) transporting the prisoner.

Security Control (CALEA 71.3.1 C, 71.3.3 C, 71.3.3 D )

In order to maintain a secure facility, provide for the safety of detainees, officers and

members as well as prevent escape from the facility, officers, Precinct Desk Officer, and

supervisors shall ensure that only those persons who have authorized access be

permitted into secure areas and that:

A. All doors giving ingress and egress to Temporary Detention Facilities will be

locked at all times. All doors to the cells and “bullpens” will remain secured even

when vacant. Doors will only be opened by authorized personnel for purposes of

escorting detainees into the cell or out. Additionally, these doors can be opened

for other emergencies. When a door is secured, it is to be tested to ensure that it

is in fact locked.

C. Group arrests that exceed the maximum capacity of Temporary Detention

Facilities will be handled in a manner prescribed by the highest-ranking on-duty

supervisor. Commonly these situations will be handled with cooperation with the

Sheriff’s Department. For information on mass arrests, see the Virginia Beach

Police Department Emergency Operations Plan.

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processing detainees into or out of the lockup facility may obtain a cell key from

the precinct desk officer.

E. Positive identification will be made of the person presenting the detainee for

detention, including verification of the person’s authority to make the commitment.

Identification and proof of authority shall also be required when an officer of

another jurisdiction requests to assume custody of the detainee.

F. All detainees held in a Virginia Beach Police Department Temporary Detention

Facility shall be photographed with the precinct booking cameras. The digital

image will be attached to the records generated as a result of the arrest in the

records management system.

G. Before the detainee is released or transferred to another facility, positive

identification will be made of the detainee. The positive identification will consist of

a comparison of the detainee presenting themselves for release and the digital

image taken at the time of processing or a government issued identification card.

Upon release the detainee will be required to sign the Precinct Detention Form,

whereupon his personal property will be returned. Upon transfer to another

agency, the agency receiving the prisoner will be responsible for signing the

Precinct Detention Form for the prisoner’s personal property.

H. Threats to the facility will be reported to the on-duty supervisor, who will determine

the appropriate actions to take in response. This may include evacuating the

facility by transferring all detainees to the Virginia Beach City Jail. A memorandum

stating in detail all the pertinent facts of incidents that threaten the facility or any

person therein and the responses taken will be forwarded to the Police Chief via

the chain of command.

I. A Serious Incident Report setting forth, in detail, the pertinent facts of deaths,

discharging of firearms, erroneous releases, escapes or attempted escapes, fires

requiring evacuation of detainees, hostage situations, and re-capture of escapees

shall be reported to the local facilities supervisor of the Compliance and

Accreditation Unit/Department of Corrections, or designee. The initial report shall

be made within 24 hours by the commander of the precinct in which the incident

occurred, and a full report completed by Internal Affairs should be admitted by the

end of the investigation to the DOC Local Facilities Supervisor assigned to

oversee that precinct.

J. A strip-search will only be accomplished in accordance with the Code of Virginia

and General Order 6.01 (Constitutional Issues).

K. No mail and/or packages will be given to a detainee. Any such transfer will be

accommodated once the detainee is transported to the City of Virginia Beach City

Jail.

L. Non-essential persons including media representatives will not be granted access

to populated Temporary Detention Facilities. Media requests to speak with

prisoners shall be arranged for once the detainee is transferred to the Virginia

Beach City Jail where adequate facilities exist to permit safe access by the media.

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Access by non-essential personnel is expressly prohibited in emergency

situations.

M. Maintenance tools will be permitted within Temporary Detention Facilities for

maintenance purposes when no detainees are being held. When persons

involved in the maintenance have finished, the precinct desk officer will inspect the

lock-up area for items left behind. No culinary equipment is allowed in the lock-up

area at any time.

N. In the event of an escape from the detention area, the following procedures will be

adhered to:

1. The precinct desk officer shall immediately notify the ECCS Emergency

Communications and Citizen Services to broadcast a BOL and request

assignment of units to converge on the area of escape.

2. The precinct desk officer shall notify the highest-ranking on-duty supervisor of

the escape.

a. On duty supervisor will ensure that Internal Affairs and Public Affairs

Office are notified as soon as practical.

3. The assigned officer will initiate an investigation to locate the detainee by:

a. Canvassing the immediate area;

b. Checking all modes of transportation and accesses from the area of

escape;

c. Checking area businesses, residences, or other locations that the

detainee had been known to frequent;

d. Questioning past associates as to the possible whereabouts of the

detainee;

e. Completing an Offense Report under State Codes 18.2-478 or

18.2-479 and any other paperwork required by the supervisor; and

f. Obtaining arrest warrants for escape.

4. The search will be terminated by the highest-ranking available police

supervisor only after all practical means of apprehension have been

exhausted. They will also be responsible for notifying Communications

(ECCS) when the search has been terminated or if the escapee has been

apprehended.

Inspections / Counts (CALEA 71.3.3 E, 71.3.3 F, 71.4.2, 71.4.3)

Those responsible for the operation of the Temporary Detention Facility share the

responsibility for inspections and counts as follows:

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B. Prior to placing a detainee into an unoccupied cell, the arresting officer will

conduct a security check, including a search for weapons and contraband. In

addition, a cell should be checked when it becomes unoccupied. Any conditions

observed that would cause a safety or health hazard shall be reported immediately

to supervisory personnel either verbally or in writing.

C. Daily, at the beginning of the day shift, the Precinct Desk Officer will conduct a

documented inspection of the following:

1. A search for weapons and contraband of the Temporary Detention Facility

2. A visual inspection of fire suppression equipment; and

3. The presence of vermin and pests;

4. Audit the number of keys associated with the facility to ensure that all are

accounted for.

D. Procedures for the daily inspections shall be maintained by each precinct with an

operational Temporary Detention Facility and disseminated to the affected

personnel. All defects observed will be reported in writing and will be repaired or

replaced immediately or prior to the use of the Temporary Detention Facility.

Inspections will be documented in the Temporary Detention Facility Logbook.

E. Weekly, the Administrative Supervisor of the precinct shall conduct a documented

inspection of the following:

1. Fire suppression equipment

2. Sanitation inspection of all facility areas

3. The Temporary Detention Facility Logbook

Deficiencies will be repaired or replaced immediately or prior to the use of the

Temporary Detention Facility. Inspections will be documented in the Temporary

Detention Facility Logbook and submitted to the Commanding Officer of the

precinct that houses the Temporary Detention Facility.

In accordance with the City of Virginia Beach Fire Code, the Administrative

Supervisor will arrange for the testing of fire suppression equipment at least every

12 months. The results are documented in the Temporary Detention Facility

Logbook. Written reports of the fire inspection shall be on file with the facility

administrator.

F. The Administrative Supervisor shall establish, maintain, and promulgate a plan for

fire prevention, evacuation, and suppression for each Temporary Detention

Facility. Each plan shall include at a minimum:

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1. The prohibition of smoking within the facility

2. The responsibility to search prisoners for matches, lighters, or other devices

which may be used to cause a fire.

3. The location and use of fire suppression equipment for each facility

4. The persons responsible for evacuating the facility.

5. The procedures for evacuation

G. An administrative review pertaining to all the procedures outlined in this policy will

be conducted at least once a year to determine if there are any changes needed to

meet the needs of the Department and the safety and welfare of the detainees.

Health Services

Emergency Medical Services (EMS) will be notified in the event a detainee is in need of

medical assistance. While awaiting EMS, first aid should be given, and a supervisor will

be notified. First aid kit(s) containing items approved by a licensed physician will be

available at all Temporary Detention Facilities. These kits will have a documented

weekly inspection and be replenished as necessary. An officer will accompany any

detainee removed from Temporary Detention Facilities for a medical condition to a

treatment facility until relieved by a sheriff's deputy.

No member of this department will give any prescribed or non-prescribed

pharmaceutical to a detainee. An officer will transport detainees who are in need of

prescription medication to a medical facility or to the Virginia Beach City Jail. If the

detainee’s condition indicates an apparent deterioration either by a necessity for a

known pharmaceutical or as the result of any other type of illness, he will be transported

to a medical facility by emergency medical services (EMS), accompanied by an officer,

or treated at the scene by a state-certified emergency medical technician.

Processing / Records (CALEA 71.3.1 A, 71.3.3 A)

Upon arrival at the detention facility with an arrested subject, every officer will secure

any firearms, ammunition and/or edged weapons in a locker provided for that purpose.

Police Department approved less lethal weapons (Electronic Control Devices, ASP, and

Oleoresin Capsicum) may be carried within occupied secured Temporary Detention

Facilities and used for self-defense as needed in accordance with General Order 5.01

(Use of Force.) Officers may only carry lethal weapons into an occupied Temporary

Detention Facility in response to an armed threat. A supervisor will be immediately

notified after any deployment of any type of weapon (lethal or non-lethal) and/or any

entry into the facility of a lethal weapon in response to an armed threat.

When processing an arrested subject into a Temporary Detention Facility, the officer will

complete a Precinct Detention Record Form (PD-79-3) that will contain the following

information:

1. Arrest information (attached);

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2. Apparent physical condition;

3. Personal property inventory and disposition; and

4. Photographs and fingerprints (attached when applicable).

An itemized inventory of the detainee’s property will be listed on the Precinct Detention

Record Form (PD-79-3) when the detainee is brought into the facility. Upon completion

of the inventory of property and the notations regarding the condition of the detainee,

the Precinct Detention Record Form will be signed by the detainee confirming the

accuracy of the inventory. If the detainee refuses or is otherwise incapacitated

(intoxicated) a witness should sign the form and it should be noted on the form, why the

detainee did not sign.

The arresting officer/detective will be permitted to conduct a thorough search for

weapons and contraband; however, strip searches and cavity searches will only be

conducted in accordance with the code of Virginia and the provisions of General Order

6.01 (Constitutional Issues). All items (with the exception of the detainee's clothing) will

be secured away from the detainee in lockers provided for this purpose until returned to

the detainee or transferred to the Virginia Beach City Jail (Central Processing). The

detainee will not be allowed to retain any clothing, such as shoelaces, belts, or

drawstrings that could be used by the detainee to harm themselves or others.

When the detainee is admitted to Temporary Detention Facilities, they will be informed

in writing of procedures for gaining access to medical services. Detainee Rights and

Conduct (PD-156) will be conspicuously posted within Temporary Detention Facilities.

When additional language barriers exist, arrangements for an interpreter may be made

via a supervisor or the detainee may be transported to the Virginia Beach City Jail

where medical care is more readily available.

When capturing information as to the medical conditions of the detainees, the officers

shall document the following on the Precinct Detention Record Form (PD 79-3):

A. Apparent current health assessment of the detainee: Ask the detainee if they have

any major medical problems;

B. Medications taken by detainee;

C. Behavioral observations, including apparent state of consciousness and apparent

mental status; and whether they are:

1. Conscious and alert/coherent, or

2. Conscious but not alert or incoherent, etc.;

D. Notation of body deformities, trauma markings, bruises, lesions, jaundice, ease of

movement, etc.

Upon the completion of the inventory of property and the notations regarding the

condition of the detainee, the Precinct Detention Record Form will be signed by the

detainee or a witness confirming the accuracy of the inventory. Copies of the Precinct

Detention Record Form (PD-79-3) shall then be distributed as follows:

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A. White Copy – Shall be attached to the container or bag containing the property of

the detainee. Upon the detainee’s release, the detainee will sign the white copy

acknowledging the receipt of the property. In the event of a transfer to the Virginia

Beach City Jail, the white copy will be signed by the Deputy Sheriff taking custody

of the detainee acknowledging the receipt of the property. The white copy will be

returned to the Precinct Desk Officer at the Temporary Detention Facility for

retention.

B. Yellow Copy – Shall be provided to the detainee.

C. Pink Copy – Shall be retained by the Precinct Desk Officer until the return of the

white copy, then destroyed.

Upon processing a detainee into a Temporary Detention Facility, the precinct desk

officer will enter required information in a Detainee Logbook. This Logbook will contain

at a minimum:

A. Date and time of detainee entry and departure

B. Names of the person arrested.

C. The arresting officer

D. The charge(s)

E. A brief physical description

F. The cell occupied.

G. When time checks were made

H. Bond information

I. Number of telephone calls

J. Events pertinent to a detainee’s medical treatment

The contents of the detention log book for the previous year will be removed on January

1st of the current year and stored in accordance with the Retention Schedule as set

forth by the Library of Virginia, “Retention and Disposition Schedule”. The Precinct

Detention Record Form (PD-79-3) will also be held for the same period of time and then

destroyed. Until the destruction has been made, the detention logbook and Precinct

Detention Record Forms will be kept in a secure area so as to safeguard the detainee’s

records from unauthorized disclosure. Only sworn personnel, precinct desk officers,

may view the detainee’s records. Disclosure of these records to others shall be

coordinated by the Internal Affairs Bureau, Custodian of Records.

Training: (CALEA 71.2.1)

All sworn personnel and precinct desk officers (PDO) who are in direct contact with

detainees within the confines of the Temporary Detention Facility/DUI Testing area will

receive documented training consistent with their assignments prior to assuming the

responsibilities of those duties. This training should include but not be limited to

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security procedures, rights and responsibilities of detainees, emergency medical

procedures, detention procedures for adults and juveniles, handling of mentally

disturbed and handicapped persons, fire suppression, methods of applying physical

restraint, and first aid. At least once every four years all personnel who are in

direct contact with detainees will receive retraining. The Training Bureau shall

coordinate the training as required.