43694257.pdf

\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER TITLE ACCREDITATION Interview Rooms/ Temporary CALEA Chapter 42.2.8; Detention of Persons at the Main 41.2.7.c Police Facility PRIOR REVISIONS PROPONENT UNIT 12/30/02, 04/14/04, 06/20/05, Patrol Districts 07/17/08, 03/10/16 ATTACHMENT: NUMBER ISSUE DATE REVISION DATE TOTAL PAGES 72.1 07/01/98 01/03/18 11 I. PURPOSE: This Order establishes guidelines, policies and procedures for the use of the interview rooms and temporarily detaining persons at the police facility for a law enforcement purpose and / or pursuant to an investigation. II. POLICY: Members of the Gainesville Police Department are responsible for the welfare of persons in their custody or control. In order to protect themselves, other Department members, and persons in their custody, members shall employ proper and safe techniques, and shall follow the procedures outlined in this Order, when temporarily detaining persons at the police facility. III. DISCUSSION: Members often need to interview or detain persons before arresting or booking them. Since daily operations are often unpredictable, it may be necessary to use a room to separate persons under arrest and/or maintain control of detainees. Interview rooms are the designated secure spaces for members to use as such when it becomes necessary to do so. IV. DEFINITIONS: A. Interview Rooms: Designated rooms at the main police facility into which a Department member may bring a person (whether or not in custody), usually for the purpose of talking with or interviewing the person pursuant to a police investigation. The rooms have audio / video monitoring capabilities and can be secured. 1. Secured: Means that the room is locked and the person is not free to leave. 2. Unsecured: Means that the room is not locked and the person is free to leave at any time. B. Person in Custody (PC): Means any person, whether juvenile or adult, who is under the control of a Department member, either pursuant to an arrest, under temporary detention, or in protective custody, for the purpose of being transported from one location to another, and while at the location unless or until: 1. Custody is transferred to another responsible party; 2. He/she escapes.\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT C. Temporary Detention: For the purposes of this Order, temporary detention refers to the taking of an individual into custody pursuant to an investigation (for an interview, follow-up, etc.). D. Continuous Supervision: Supervision by an agency member who has the authority and responsibility to exercise control over a arrestee/detainee and can immediately intervene on behalf of the agency or arrestee/detainee. Video monitoring may be used only if immediate intervention can be accomplished. E. Secure Detention: 1. Adult: Refers to locking an individual in a Department interview room(s) pursuant to an investigation (for an interview, follow-up, etc.). 2. Juvenile: Refers to bringing a juvenile into a building with locked egress in which the juvenile could not exit on his/her own accord (i.e. exit requires a key card, key, button being pushed by another officer, holding cell, or a lockable room, and even a building with no secure egress but is surrounded by a lockable fence). The juvenile is in secure detention if the room has the capability of being locked regardless if the room is actually locked. F. Categories of Juvenile Offenders: 1. Offender: A juvenile who has committed a criminal act (one chargeable as a misdemeanor or felony if the perpetrator were an adult.) 2. Status Offender: A juvenile who has been taken into custody for an offense that would not be an offense if committed by an adult. Status offenses include runaway, truancy, curfew violation, tobacco and/or alcohol possession, and unruliness. 3. Non-Offender: A child in custody because he/she is considered dependent / in need of services (alleged neglect, abuse, is unsupervised, lost, etc.) IV. PROCEDURE A. Criteria and Responsibility for Use of Interview Rooms: Interview rooms are available to provide members with a quiet, private location to conduct interviews and record any testimony provided by the subject of any investigation or persons relative to the case. 1. Members Shall: i. Comply with the provisions of this Order. ii. Ensure that secure detention is utilized appropriately, i.e., when needed to conduct further investigation or interviews prior to or while in the process of charging a person. 2\n\n--- Page 3 ---\n\nGAINESVILLE POLICE DEPARTMENT iii. Complete the related entry on the Florida JJDPA Compliance Monitoring Reporting Form for ANY juvenile that is interviewed or otherwise secured in the interview room. iv. All suspect interviews/interrogations conducted at GPD Headquarters for ALL incidents will be “digitally” audio/video recorded using the interview rooms recording devices. Any deviation shall require a supervisor be notified and prior approval granted. Any deviation shall be documented in the incident/investigation report. a. The interview will be recorded in its entirety. Once the recording is started, it will not be stopped until the interview/interrogation is completed. The recording shall run without interruption to include periods when the officer exits the interview room. b. All custodial suspect interviews, prior to any interview of the suspect, the video will be turned on and remain on until the suspect is removed from the interview room. c. All interviews shall be documented in reports and digital recordings will be submitted as evidence in accordance with existing General Orders. d. Officers shall consult the video/audio recording instructions prior to recording an interview/interrogation. 2. Members May: Use the interview rooms for interviewing or talking with people who are not arrested or against whom charges are not expected. 3. Members Shall NOT: i. Lock non-arrestees / non-detainees in an interview room. ii. Leave non-detainees / non-arrestees unattended (due to issues of their safety, officer safety, and building security). B. Special Considerations for Juveniles: Anytime a juvenile offender is brought into the Department and is securely detained, the Department member shall write an entry on the Florida JJDPA Compliance Monitoring Reporting form and assure ALL blocks are completed. Non-Offender’s and Status Offenders shall not be held in secure detention and shall not be logged on the Florida JJDPA Compliance Monitoring form. 1. Detention Restrictions: Under State and Federal law, no status offender (i.e. runaway, truant, etc.) or non-offender shall be held in secure custody. Offenders (those who have committed delinquent acts, i.e. crimes and who are charged) may be securely detained. 3\n\n--- Page 4 ---\n\nGAINESVILLE POLICE DEPARTMENT 2. Six-Hour Hold Limit: The law limits the locked detention of juveniles [who have committed criminal offenses] to a six-hour maximum. Status offenders (runaways, truants, etc) and non-offenders SHALL NOT be subject to locked detention and not listed on the Florida JJDPA Compliance Monitoring Reporting form. Exceptions due to exigent circumstances [see section D.2.c] shall be clearly articulated and documented. i. The ‘clock’ starts when the juvenile is locked in any office, interview room, etc., within the Department or its off-site offices. ii. The ‘clock’ does NOT start with a. Apprehension on the street, b. Placement into the locked rear seat of a police vehicle, c. Entry into the police station. d. Placement on a chair, etc., in an unlocked area, e. Placement in an unlocked office or interview room, iii. The clock stops when the juvenile is taken out of secure custody; HOWEVER, if the juvenile is again placed in secure custody, the ‘clock’ DOES NOT start over. 3. Exceptions: If a juvenile, regardless of status, poses an officer safety threat and, due to that threat, must be [temporarily] securely detained, the member shall: i. Log the juvenile on the Flor