Police Department Policy

doc_1303956

Santa Ana PD

Policy Text
Policy 715Santa Ana Police Department Custody Manual Copyright Lexipol, LLC 2024/02/21, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Aids to Impairment - 1Aids to Impairment 715.1 PURPOSE AND SCOPE This policy acknowledges the high priority of incarcerated person health and recognizes that some incarcerated persons will require adaptive devices to assist them with daily living activities on a temporary or permanent basis. The Santa Ana Police Department has established this policy for physicians and dentists to review and evaluate the need for adaptive devices, while considering facility security concerns regarding the use of such items. When a physician or dentist determines that the medical condition of an incarcerated person indicates that an adaptive device is clinically appropriate, the parameters of this policy will determine if authorization for the use of such items during incarceration should be granted, and if any equipment modifications are indicated for safety or security purposes. 715.1.1 DEFINITIONS Definitions related to this policy include: Adaptive device - Any orthotic, prosthetic, or aid to impairment that is designed to assist an incarcerated person with the activities of daily living or that is clinically appropriate for health, as determined by the Responsible Physician or dentist. Aids to impairment - Includes but is not limited to eyeglasses, hearing aids, pacemakers, canes, crutches, walkers, and wheelchairs. Orthoses - Specialized mechanical devices such as braces, shoe inserts, or hand splints that are used to support or supplement weakened or abnormal joints, limbs, and/or soft tissue. Prostheses - Artificial devices designed and used to replace missing body parts, such as limbs, teeth, or eyes. 715.2 POLICY It is the policy of the Department that, in accordance with security and safety concerns, medical and dental orthoses or prostheses and other adaptive devices should be permitted or supplied in a timely manner when the health of the incarcerated person would otherwise be adversely affected or when such devices are necessary to reasonably accommodate a disability recognized under the American with Disabilities Act (ADA) (42 USC § 12101 et seq.), as determined by the Responsible Physician or dentist (15 CCR 1206(d); 15 CCR 1207). 715.3 FACILITY-OWNED MEDICAL EQUIPMENT All adaptive devices belonging to the Department shall be marked and numbered, identifying them as department property. Santa Ana Police Department Custody Manual Aids to Impairment Copyright Lexipol, LLC 2024/02/21, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Aids to Impairment - 2(a)An inventory form shall be completed by the intake correctional officer for all medical equipment in the possession of the incarcerated person, regardless of who owns the property. (b)Upon the release of an incarcerated person, the releasing correctional officer shall review the medical equipment issued to the person and contact the medical clinic for instructions regarding any department-owned adaptive device. 715.4 MEDICAL OR DENTAL ORTHOSES, PROSTHESES, OR ADAPTIVE DEVICES The following applies to incarcerated persons with any orthopedic or prosthetic devices (Penal Code § 2656): (a)An incarcerated person shall not be deprived of the possession or use of any orthopedic, orthodontic, or prosthetic device that has been prescribed or recommended and fitted by a physician or dentist (see the following exception). (b)Any such device that may constitute an immediate risk of bodily harm to any person in the facility or that threatens the security of the facility should be brought to the attention of the Jail Administrator or their designee. If the Jail Administrator or their designee has probable cause to believe such a device constitutes an immediate risk of bodily harm to any person in the facility or threatens the security of the facility, it may be removed, the device and place it in the person's property. (c)The device shall be returned to the incarcerated person if circumstances change and the cause for removal no longer exists. (d)The Jail Administrator shall have the incarcerated person examined by a physician within 24 hours after a device is removed. (e)The Jail Administrator or designee should review the facts with the ADA Coordinator and shall address the issue in conjunction with the Incarcerated Persons with Disabilities Policy. (f)The physician shall inform the incarcerated person and the Jail Administrator if the removal is or will be injurious to the health or safety of the person. When the Jail Administrator is so informed but still does not return the device, the Jail Administrator shall inform the physician and the person of the reasons and promptly provide the person with a form, as specified in Penal Code § 2656, by which the person may petition the Superior Court for return of the appliance. The Jail Administrator shall promptly file the form with the Superior Court after it is signed by the incarcerated person. The Jail Administrator should consider the following alternatives to removal of the device: 1.Reclassifying the incarcerated person to another housing unit or administratively separating the person from the general population. 2.With physician or dentist approval, modify the adaptive device to meet the medical needs of the incarcerated person and the safety and security needs of the facility. Once an adaptive device has been approved for use, the qualified health care professional shall enter the authorization into the incarcerated person's health file. If the person requires special Santa Ana Police Department Custody Manual Aids to Impairment Copyright Lexipol,

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