Policy Text
TRAINING BULLETIN
REMOVAL OF GUARD FROM HOSPITALIZED PRISONER
Bulletin Index No. III - R
Master Alphabetical Index: Admonishment of
Hospitalized Prisoners
Prisoners, Hospitalized
Release of Prisoners
Publication Date: 15 Aug 92 (Revised)
Section 4011 PC, Removal of
Prisoners for Hospitalization , allows a prisoner to be hospitalized
under specified conditions and requires that guards be posted "for the safekeeping of such prisoner." Section 4011.5 PC, Removal of Prisoners: Emergencies
, allows a prisoner to be
hospitalized without a court order in a medical emergency. If the prisoner cannot be returned to the jail within 48 hours, a court order must be obtained to authorize continued hospitalization. Section 4011.7 PC, Removal of Guard from Hospitalized Prisoner
, provides that:
Notwithstanding the provisions of Sections 4011 and 4011.5, when it appears that the prisoner in need of medical or surgical treatment necessitating hospitalization or in need of medical or hospital care was arrested for, charged with, or convicted of an offense constituting a misdemeanor, the court... or the sheriff or jailer... may direct that the guard be removed from the prisoner while he is in the hospital. If such direction is given, any such prisoner who knowingly escapes or attempts to escape from such hospital shall upon conviction thereof be guilty of a misdemeanor....... and punishable by imprisonment for not to exceed one year in the county jail if such escape or attempt to escape was not by force or violence. However, if such escape was by force or violence such prisoner shall be guilty of a felony...
Section 4011.9 PC, Hospitalized Prisoner: Felony Arrest
, also provides that “the sheriff or jailer”
may remove the guard from a prisoner arrested or charged with a felony, “if it reasonably appears that the prisoner is physically unable to effectuate an escape or the prisoner does not constitute a danger to life or property.”
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Normally, a District Sergeant is assigned to determine the guard requirements for prisoners who
have been admitted to Highland Hospital. When the sergeant determines that there is no longer a need to guard a hospitalized prisoner (whether held on misdemeanor or felony charges), he/she shall notify the Watch Commander. If the Watch Commander decides that the guard should be removed, the following steps shall be taken:
1. Upon being relieved from guard duty and prior to leaving the hospital, the officer shall complete a Request for Detention or Police Hold (Alameda County Form 300-AH-1) and admonish the suspect that he/she is still under arrest, even though not physically in custody, and that any attempt to leave the hospital will be treated as an escape. (The form may be obtained at the emergency, triage, or intensive care units of the hospital.
2. The officer shall complete an Additional Information Report (536-280), under the RD Number for the offense for which the prisoner is in custody, to document the fact that the suspect was admonished.
If the prisoner is unconscious or too sick to be admonished, the officer shall note on the Additional Information Report that the prisoner has not been admonished and ask the hospital staff to telephone the Patrol Division (at 238-3455) when the prisoner regains consciousness. The Patrol Division desk officer will request the Communications Division to dispatch an officer to the hospital for the purpose of admonishing the prisoner and completing the required Additional Information Report. On a non-Oakland matter (e.g., an out-of-county warrant), the officer shall complete an Additional Information Report and include the appropriate warrant information and/or arrest number.
3. The officer shall advise the hospital staff that the prisoner is in the custody of the Oakland Police Department. The medical staff is not authorized to release the prisoner or to allow him/her to leave the hospital.
The officer shall ask the hospital staff to telephone the Patrol Division (at 238-3455) when the prisoner no longer requires medical care or attempts to leave the hospital. When such notification is received, the desk officer shall ensure that arrangements are made to return the prisoner to the jail.
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