Policy Text
Policy
900Fremont Police Department
Temporary Custody of Adults
900.1 PURPOSE AND SCOPE
This policy provides guidelines to address the health and safety of adults taken into temporary
custody by members of the Fremont Police Department for processing prior to being released or
transferred to a housing or other type of facility.
Temporary custody of juveniles is addressed in the Temporary Custody of Juveniles Policy.
Juveniles will not be permitted where adults in custody are being held.
Custodial searches are addressed in the Custodial Searches Policy.
Additional guidance for transferring persons in custody to another facility or court is provided in
the Transporting Persons in Custody Policy.
900.1.1 DEFINITIONS
Definitions related to this policy include:
Holding cell/cell - Any locked enclosure for the custody of an adult or any other enclosure that
prevents the occupants from being directly visually monitored at all times by a member of the
Department.
Safety checks - Direct, visual observation by a member of this department performed at random
intervals, within time frames prescribed in this policy, to provide for the health and welfare of adults
in temporary custody.
Temporary custody - The time period an adult is in custody at the Fremont Police Department
prior to being released or transported to a housing or other type of facility.
900.2 POLICY
The Fremont Police Department is committed to releasing adults from temporary custody as
soon as reasonably practicable, and to keeping adults safe while in temporary custody at the
Department. Adults should be in temporary custody only for as long as reasonably necessary for
investigation, processing, transfer or release.
900.3 GENERAL CRITERIA AND SUPERVISION
No adult should be in temporary custody for longer than 12 hours.
900.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY
Individuals who exhibit certain behaviors or conditions should not be in temporary custody at the
Fremont Police Department, but should be transported to a jail facility, a medical facility, or another
type of facility as appropriate. These include:
(a)Any individual who is unconscious or has been unconscious while being taken into
custody or while being transported.
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(b)Any individual who has a medical condition, including pregnancy, that may require
medical attention, supervision, or medication while in temporary custody.
(c)Any individual who is seriously injured.
(d)Individuals who are a suspected suicide risk (see the Mental Illness Commitments
Policy).
1.If the officer taking custody of an individual believes that the individual may
be a suicide risk, the officer shall ensure continuous direct supervision until
evaluation, release, or a transfer to an appropriate facility is completed (15 CCR
1030).
(e)Individuals who are obviously in crisis, as defined in the Crisis Intervention Incidents
Policy.
(f)Individuals who are under the influence of alcohol, a controlled substance, or any
substance to the degree that may require medical attention, or who have ingested
any substance that poses a significant risk to their health, whether or not they appear
intoxicated.
(g)Any individual who has exhibited extremely violent or continuously violent behavior
including behavior that results in the destruction of property or demonstrates an intent
to cause physical harm to themselves or others (15 CCR 1053; 15 CCR 1055).
(h)Any individual who claims to have, is known to be afflicted with, or displays symptoms
of any communicable disease that poses an unreasonable exposure risk (15 CCR
1051).
(i)Any individual with a prosthetic or orthopedic device where removal of the device
would be injurious to the individual's health or safety.
(j)Any individual with an obvious developmental disability (15 CCR 1057).
(k)Any individual who appears to be a danger to themselves or others due to a behavioral
crisis, or who appears gravely disabled (15 CCR 1052).
(l)Any individual who needs restraint beyond the use of handcuffs or shackles for security
reasons (15 CCR 1058).
(m)Any individual obviously suffering from drug or alcohol withdrawal (15 CCR 1213).
Officers taking custody of a person who exhibits any of the above conditions should notify a
supervisor of the situation. These individuals should not be in temporary custody at the Department
unless they have been evaluated by a qualified medical or mental health professional, as
appropriate for the circumstances.
900.3.2 SUPERVISION IN TEMPORARY CUSTODY
An authorized department member capable of supervising shall be present at all times when an
individual is held in temporary custody. The member responsible for supervising should not have
other duties that could unreasonably conflict with the member's supervision. Any individual in
custody must be able to summon the supervising member if needed. If the person in custody has
a hearing or speech impairment, accommodations shall be made to provide this ability.
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At least one female department member shall be present when a female adult is in temporary
custody. In the event that none is readily available, the female in custody should be transported
to another facility or released pursuant to another lawful process (15 CCR 1027).
Absent exigent circumstances, such as a medical emergency or a violent subject, members should
not enter