Policy Text
Policy
900Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentTemporary Custody of Adults - 1Temporary 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 Mountain View 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.
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 Mountain View Police
Department prior to being released or transported to a housing or other type of facility.
900.2 POLICY
The Mountain View 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 six hours.
900.3.1 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 his/her supervision. Any individual in custody
must be able to summon the supervising member if needed. If the person in custody is deaf or hard
of hearing or cannot speak, accommodations shall be made to provide this ability (15 CCR 1027).
Mountain View Police Department
Mountain View PD Policy Manual
Temporary Custody of Adults
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentTemporary Custody of Adults - 2Absent exigent circumstances, such as a medical emergency or a violent subject, members should
not enter the cell of a person of the opposite sex unless a member of the same sex as the person
in custody is present (Penal Code § 4021).
No individual in custody shall be permitted to supervise, control or exert any authority over other
individuals in custody.
900.3.2 STAFFING PLAN
The Police Chief or the authorized designee shall ensure a staffing plan is prepared and
maintained, indicating assigned personnel and their duties. The plan should ensure that at least
one member who meets the training standards established by the Corrections Standards Authority
(CSA) for general fire- and life-safety and is trained in fire- and life-safety procedures relating
specifically to the facility is on-duty at all times (15 CCR 1028).
The staffing plan shall be available for biennial review by CSA staff. The review and
recommendations of the CSA biennial review shall be forwarded to the City, as required by 15
CCR 1027.
900.4 INITIATING TEMPORARY CUSTODY
The officer responsible for an individual in temporary custody should evaluate the person for
any apparent chronic illness, disability, vermin infestation, possible communicable disease or any
other potential risk to the health or safety of the individual or others. The officer should specifically
ask if the individual is contemplating suicide and evaluate him/her for obvious signs or indications
of suicidal intent.
The receiving officer should ask the arresting officer if there is any statement, indication or
evidence surrounding the individual's arrest and transportation that would reasonably indicate the
individual is at risk for suicide or critical medical care. If there is any suspicion that the individual
may be suicidal, he/she shall be transported to the City jail or the appropriate mental health facility.
The officer should promptly notify the Watch Commander of any conditions that may warrant
immediate medical attention or other appropriate action. The Watch Commander shall determine
whether the individual will be placed in a cell, immediately released or transported to jail or other
facility.
900.4.1 SCREENING AND PLACEMENT
The officer responsible for an individual in custody shall (15 CCR 1050):
(a)Advise the Watch Commander of any significant risks presented by the individual (e.g.,
suicide risk, health risk, violence).
(b)Evaluate the following issues against the stated risks in (a) to determine the need for
placing the individual in a single cell:
1.Consider whether the individual may be at a high risk of being sexually abused
based on all available known information (28 CFR 115.141), or whether the
person is facing any other identified risk.
Mountain View Police Department
Mountain View PD Policy Manual
Temporary Custody of Adults
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentTemporary Custody of Adults - 32.Provide any individual identified as being at a high risk for sexual or other
victimization with heightened protection. This may include (28 CFR 115.113; 28
CFR 115.141):
(a