ADULT ARREST PROCEDURES/HOLDING FACILITIES EPD 805.0
TITLEADULT ARREST PROCEDURES/HOLDING FACILITIES
/ PROCEDURE NUMBEREPD805.0
SECTIONADULT ARREST PROCEDURES
/ NUMBER OF PAGES7 / EFFECTIVE DATE
10/22/2014 / REVIEW DATE
NEW AMENDS RESCINDS
DATE:
/ CALEA CHAPTERS
1, 44, 71, 72, 82, 84
/ AUTHORITYChief Stephen Walker
7
ADULT ARREST PROCEDURES/HOLDING FACILITIES EPD 805.0
I. PURPOSE
This general order establishes procedures regarding the detention of prisoners, provides guidelines for prisoner searches, and explains the processing procedures at the Prince George’s County Central Processing Unit (CPU).
II. POLICY
The Department does not have the capabilities to maintain a Temporary Detention Room or a Holding Facility. Officers making arrests will transport the arrestee to the CPU at the District I Station unless otherwise directed by Public Safety Communications.
Department Officers will adhere to the existing Standard Operating Procedures of each facility and of the Department of Corrections concerning the processing of those arrested.
III. DEFINITIONS
A. Holding Facility - designated area used for temporary confinement within a district facility.
B. CPU – Central Processing Unit located at District Stations of the Prince George’s County Police Department.
C. Processing Areas - designated areas used for fingerprinting, photographing, and completion of arrest documents within a district facility.
D. OSPG – Office of the Sheriff for Prince George’s County Maryland.
E. DOC – Department of Corrections for Prince George’s County Maryland.
IV. PRISONER ACCOUNTABILITY
A. When available, prisoners shall be transported to CPU District I Station. All prisoners will be searched prior to entering a holding facility. An itemized inventory will be made of property taken from a prisoner. The property will be placed in a secured prisoner property storage receptacle.
B. Receiving officers will acknowledge transfer of prisoner custody from the transporting officers to them by completing a Prisoner Log Sheet entry (P.G.C. Form #3596) for each prisoner. They will receive prisoner property and any documentation (such as medical release forms) from transporting officers, or proceed in accordance with local standard operating procedures.
C. Upon release or transfer to another agency of a prisoner from a holding facility all non-evidentiary or seized property will be returned to the prisoner or given to the transporting officer and its release or transfer documented on the Prisoner Property Form (P.G.C. Form #3379).
D. Desk officers, where on-duty, are responsible for completion of the Prisoner Log Sheet entries.
E. Supervision of prisoners is the responsibility of the arresting officer. Supervision of a prisoner may be transferred to another officer upon request to and acknowledgment by that officer accepting custody.
F. An officer may supervise prisoners of the opposite sex subject to the following limitations:
1. The officer shall not search a prisoner of the opposite sex unless the officer has reason to believe that the prisoner is armed or may destroy evidence prior to a search by an officer of the same sex.
2. The officer shall respect the sexual privacy of prisoners utilizing toilet facilities or attending to other personal needs.
3. If an officer is unavailable for same-sex searching or same-sex supervision, officers may enlist the assistance of officers from other law enforcement agencies, if available.
IV. PRISONER LOG SHEET
A. The arresting officer completing the log interviews the prisoner and completes the log entry. Officers shall assist in providing the following information:
1. Prisoner’s apparent health;
2. Medications currently taken by the prisoner; and
3. Behavior, including state of consciousness and apparent mental condition;
4. Body deformities, trauma markings, bruises, lesions, jaundice, ease of movement, etc.
B. Whenever prisoners are transported between facilities all attendant paperwork will accompany them, including medical treatment releases, District Court Commitment orders and charging documents
C. After completion of the Prisoner Log Sheet, the custody officer will search the prisoner’s property for photographic identification, which is kept available with the prisoner’s personal property to identify him/her upon release or transfer to another authority. If no photographic identification is located the officer shall photograph the prisoner using an instamatic camera.
D. The prisoner’s name, date of birth, CCN, and arrest number will be placed on the back of the photo, the Polaroid photo may be retained by the arresting officer for court purposes.
V. SECURITY/CONTROL IN PGPD HOLDING FACILITIES
A. Adult and juvenile prisoners are not detained in holding cells for more than two hours following processing and commitment. Prior to the 2-hour limit the custody officer may contact the EPD officer, who shall assist, if necessary, in effecting transport to the Department of Corrections (DOC) or other receiving agency.
B. Juvenile offenders shall not be held in secure custody for longer than 5-hours. The time period begins when the juvenile enters a secure facility and ends with the youth’s release or transfer to another authority.
VI. TELEPHONE ACCESS BY PRISONERS
A. PGCPD procedures apply to telephone access by prisoners. Telephone use by prisoners shall be at the discretion of the custody officer. The prisoner shall be allowed to call a family member, attorney, or bail bondsman, normally in private.
B. Efforts shall be made to ensure privacy in
contacts between prisoners and their attorneys. A detainee’s opportunity to make bail is not to be impeded.
C. Any items that in the opinion of the custody officer are determined to be a safety threat will be seized.
VII. TRANSFER OF PRISONERS
A. When prisoner custody is accepted from another authority the accepting officer shall:
1. Positively identify the transporting officer;
2. Obtain the name, ID number and unit;
3. Search the prisoner;
4. Verify the authority to detain the prisoner by telex, court commitment, official documentation, or confirmation by a county officer familiar with the circumstances of the transfer; and
5. Notify OSPG for transport.
B. When an officer has occasion to deliver a prisoner to any court they will notify a court official if the prisoner is considered to be a security hazard.
VIII. BOOKING PROCEDURES AT CPU FACILITIES
A. Adult Arrest - any arrestee aged 18-years or older, and any juvenile charged as an adult.
1. A juvenile arrested for one of the following offenses will be processed in the same manner as an adult arrest. When a juvenile is charged as an adult, all charges stemming from the same incident are tried in the adult court. Juveniles claim to have committed the following will be charged as adults:
a. Juveniles 14-years or older charged with any offense for which the maximum penalty is either death or life imprisonment.
b. Juveniles 16-years or older charged with robbery with a deadly weapon, or attempt thereof.
c. Juveniles 16-years or older charged with a violation of Criminal Law Article Title 4, Subtitle 2, Section 4-203.
2. When a juvenile is charged as an adult, the adult block of the Arrest Report will be checked. Shaded juvenile areas of the Arrest Report will be left blank.
3. Juvenile cases waived to adult court must be charged immediately by the arresting officer and taken before the Commissioner. No more than 24-hours may pass without the charges being made. Arresting officers must appear at all waiver hearings.
B. The District Court utilizes the following documentation completed by the arresting officer to track adult arrest information:
Completed by Charging Officer:
1. Application For Statement Of Charges
(Form DC/Cr 1);
2. Continuation Sheet- Application For Statement Of Charges/Statement Of Probable Cause (Form DC/Cr 1a);
3. Statement of Charges (Form DC/Cr 2);
4. Statement of Charges Continued (Form DC/Cr 3a);
5. Statement of Probable Cause- Arrest On Traffic/ Natural Resources Citations (Form DC/Cr 4); And
6. Request For Witness Summons (Form DC/CR 92)
Completed by District Court Commissioner:
1. Arrest Warrant On Charging Document (Form DC/Cr 6);
2. Criminal Summons on Charging Document (form DC/CR 5); and
3. A manila criminal file folder (Form DC/CR 1F) is used to store charging documents and is maintained by the District Court.
C. Completing the Statement of Charges
1. Transferable labels are affixed to the Statement of Charges form. The labels contain six tracking number’s, three may be used by the Department. The tracking number is synonymous with the District Court Docket Number.
2. The top left number, affixed to the thin label that includes the defendant’s name, primary charge, and related cases, is removed and affixed to the top front of the MSP Fingerprint Card. If the label is unavailable because the warrant is in the possession of the OSPG, the processing officer will print Warrant at Sheriff’s Department at the top of the Prisoner Processing Report.
3. When an arrestee is charged on several different Statements of Charges for other violations the processing officer shall use one of the remaining tracking number labels (from an unmarked box), located at the bottom of the sticky label. He/she shall affix the number in the Additional Information block on the reverse of the MSP Fingerprint Card. The remaining tracking labels are removed by the District Court Commissioner only.
4. Most blocks of the Statement of Charges are self - explanatory. Following are instructions for particular blocks:
a. In the block below the words DISTRICT COURT OF MARYLAND FOR place the words “Prince George’s County, Upper Marlboro or Hyattsville, Maryland”
b. Place the CCN at the top right, above the DEFENDANT’S NAME block.
c. Complainant Section - must be an officer or SPO
1) AGENCY - Insert the PGPD ORI: MD0172100;
2) SUB-AGENCY - Leave blank.
d. Defendant Section
1) I.D. NO. - Leave blank;
2) OCA block - Insert the PGID number.
e. Statement of Charges Section - In the top five lines provide the probable cause for the arrest. Including the following:
1) Complete names of all persons involved;
2) Date, time and address of crime;
f. In the bottom eight lines provide the actual charging wording, as found in the District Court Commissioner’s Warrant Book, indicate the most serious charge first.
1) MDCCS block - Enter the number found on the left margin of the criminal charge in the Commissioner’s Manual under the heading Code. The numerical format is - X-XXXX.
2) Under AR - Insert the Departmental arrest number.
D. The Request for Witness Summons Form is used to provide the Commissioner with witness information for adult arrests. The Court will notify witnesses of the court date.
E. When an officer makes an arrest in connection with an assigned radio call, the CCN will be obtained from a CAD terminal. For on-view arrests, the officer will notify the PGPD dispatcher and obtain the CCN through a CAD terminal. If a terminal is unavailable, the officer will contact the Complaint Room.
F. Arrest numbers are issued for all arrestees charged as adults. They are obtained from the Criminal Arrest Unit. When closed officers will use a PGPD Fingerprint Card with a pre-numbered arrest number, the same number shall be placed on the Arrest Report. Record the arrest number:
1. Arrest Report - Directly above the CCN block;
2. Statement of Charges form - Under AR.
G. A PGID number will be assigned to all prisoners for whom an Arrest Report is completed. Officers shall obtain the number from the Criminal Arrest Unit during business hours. When closed officers will initiate a PGID number check through the Arrest System and Sheriff’s Warrant System.
H. Obtaining Criminal History Information
1. Misdemeanor Cases - County criminal history information shall be obtained from the PGPD Records Section. A written summary of the record will be prepared and made available to the Office of the State’s Attorney (OSA).
2. Felony Cases - For all felony arrests copies of available Arrest Reports and dispositions will be obtained and made available to the OSA.
I. FBI Records - FBI “Rap Sheets” may be obtained through MILES system files via CJIS terminals. Officers will not telephone the FBI directly.
J. Metropolitan Police Department Records Check - Information may be obtained by calling the Criminal History Section, Identification and Records Division, MPDC. The requester must provide necessary identification information on the suspect and provide callback telephone number.
K. NCIC Check for Commissioner -Arresting officers will ensure that the following checks are performed following all full custody criminal arrests:
1. NCIC check for wanted status;
2. NCIC check for criminal history via MILES query CCH summary; and a
3. MILES check.
a. For NCIC and MILES checks the full name, DOB, race and sex is required. A MILES check automatically searches NCIC files.
b. A paper copy of these checks will be provided to the Commissioner at time of presentment.
c. Arresting officers will initiate computer checks on arrival at the processing site to avoid delays caused by slow system response.
d. If NCIC checks are unavailable at time of presentment the officer will provide the Commissioner with a completed Report of Unavailability of NCIC Record Check form and will be placed in the Criminal File Folder by the Commissioner.
L. OSPG Wanted Check - For each arrestee the officer shall perform an OSPG wanted check through a CJIS terminal. If the system is out of service, the officer will contact the OSPG directly.
IX. REFUSAL OR INABILITY TO PROVIDE BOOKING INFORMATION
A. When an arrestee refuses or is unable to provide information for the Arrest Report, the officer will note refused or unable to answer in the appropriate blocks.
B. Officers will attempt to positively establish an arrestee’s identity as Commissioners will not incarcerate a defendant charged with a non-jailable offense.
C. When the arrestee’s identity cannot be established, he/she will be identified by an alias if possible. The terms ‘John or Jane Doe’ should be avoided, unless no alternative exists. In the probable cause section of the Statement of Charges the officer shall state the reasons why the identity of the arrestee cannot be positively established.
1. If additional information is developed in the future, additional Continuation Reports shall be submitted as necessary.
2. Identification data may be available to the officer as the defendant is further processed by other agencies within the criminal justice system.
E. When a prisoner refuses to be processed, this shall be noted on all reports, and the Commissioner notified, however, Commissioners are prohibited from making completion of processing a condition for release. If an officer believes a refusal to be processed is based on an attempt to avoid identification the officer may contact the duty Assistant State’s Attorney. The Assistant State’s Attorney may make a recommendation to the Commissioner and determine whether to seek a court order requiring the prisoner to submit to processing.