Persons in Custody Flashcards
(34 cards)
Supervision
Officer in Charge notification mandatory:
when transporting a prisoner who requires priority in booking
when a person in custody requires medical attention
upon arrival at a police station with a person in custody
when entering or leaving a detention facility with a person in custody
when receiving a person for lodging in police cells
when in doubt regarding the contents of the medication container, or if the prisoner requests medication in excess of the prescribed dosage, or if the prisoner exhibits signs of alcohol or drug consumption
if Booking Hall System (BHS) or Detention Area Monitoring System (DAMS) equipment malfunctions
A young person under 18 years of age may be lodged in a divisional cell only
to prevent injury or to protect others from aggressive behaviour and
when there is no adult present in the cells, OR
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when there is an adult present in the cells and there is adequate space to isolate the young person from the adult.
In order to maximize the safety of prisoners held in police custody and the Service members assigned to their care, it is the practice of the Toronto Police Service that the following property be removed from every prisoner
valuable property
evidence
implements of escape
offensive weapons as defined in the Criminal Code
items which could be used as a ligature including belts, ties, and shoelaces
items which could be used to cause damage to property including matches, lighters, combs, keys and other sharp objects
prescription and over the counter medications
tobacco products - With respect to assistive/prosthetic devices, comply with the Duty to Accommodate sections below
Duty to Accommodate Persons with Disabilities
When required, any infringement of a person’s right to be accommodated must be….
minimal in nature, and no more than is necessary to achieve the desired objective.
When it is determined that a person with a disability cannot be accommodated while in custody,
members must clearly articulate the reasons for the determination in their memorandum book including all accommodation options considered.
Member
When transporting a person in custody shall
using only those handcuffs, leg irons and other restraining devices authorized by the Chief of Police, place the person in handcuffs using the approved manner and utilize the double–lock mechanism where possible in order to
prevent the escape of a person in custody
control the violent activities of a person in custody
when handcuffs are not used, be prepared to justify this decision
Keeping in mind officer and public safety, officers may use discretion when determining whether to handcuff an individual as it may not be practical or necessary in all circumstances (e.g. due to a person’s medical condition, age, disability, pregnancy, or frailty)
not leave the prisoner unattended
place the person in the rear of the police vehicle
allow one (1) prisoner per vehicle (wagons excepted), when possible, comply with Appendix E when transporting trans person
permit only those police officers involved in the investigation inside the vehicle with an arrested person
ensure prisoners and civilians (e.g. witnesses) are not transported in the same police vehicle prior to departure, advise the communications operator of the destination, the gender identity and age of the person, and the odometer reading
advise the communications operator of the odometer reading upon arrival
When requested by another member to transport a person in custody to a police station shall..
- record the following information in the memorandum book
arresting officer’s name
reason for the arrest and continued detention
requesting member’s name, badge number, rank and unit
person’s name and charge
any other pertinent information relating to the person or to the arrest - provide the requesting member with their name, rank, badge number and unit
When transporting a prisoner who, due to their mental, physical or emotional condition, requires priority in booking and processing to decrease the likelihood of a confrontation, health or safety risk shall
request the communications operator to notify the Officer in Charge of the station to which the prisoner is being transported
attend the station and book the prisoner as soon as practicable
When a person in custody requires medical attention due to illness, injury or intoxication shall
if necessary, and if qualified in standard first aid and CPR, perform first aid and/or CPR on the person, as required
transport the person to the nearest hospital if safe to do so, or request the attendance of Toronto Paramedic Services (Paramedics)
notify the Officer in Charge
Upon arrival at a police station with a person in custody shall
request entry
escort the person into the facility
read the posted TPS 191 to the person while the BHS is recording
take the person before the Officer in Charge
advise the Officer in Charge of
the reasons for the arrest
the reasons for continued detention
any other pertinent information relating to the person or to the arrest including, but not limited to
1. known or suspected suicidal tendencies
2. violent tendencies
3. serious medical conditions
4. assistive devices
5. safety concerns
6. injuries
7. emotional disturbance, any known mental illness or developmental disability
8. medication, or whether any medication has been administered
9. impairment due to alcohol or drugs
comply with the Procedure 01–02
to ensure the safety of the person and to prevent injury or escape, remove and secure personal property from the prisoner
Prior to lodging a person in police cells shall
take the person before the Officer in Charge and advise of any pertinent information relating to the person or to the arrest including, but not limited to
known or suspected suicidal tendencies
violent tendencies
serious medical conditions
assistive devices
safety concerns
injuries
emotional disturbance, any known mental illness or developmental disability
medication, or whether any medication has been administered
impairment due to alcohol or drugs
Where a person in custody exhibits violent behaviour, or threatens or attempts suicide, and it is believed that the person’s Master Name Index (MNI) and Criminal Numerical Index (CNI) file should include a “caution flag” shall
add the information to the Remarks field in the person’s MNI
- Records Management Services – Operations (RMS–Ops) will receive and add the applicable information to CPIC.
submit a TPS 227, if applicable
Where a person in custody has provided a false name or identification shall update the information in the MNI and all other relevant records as soon as possible.
where the chosen name of a trans person aligns with their gender and lived identity but does not match their identification documents shall ensure the person’s chosen name and pronoun are consistently used
Designated Operator
The member designated to operate the audio/video equipment.
After the person has been lodged in a cell shall
monitor the person
notify the Officer in Charge in the event of any emergency incident involving the person including, but not limited to
sickness and medical treatment
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any injury or attempt suicide
any assault, aggressive or bizarre behaviour
any event which is likely to result in a complaint or SIU investigation
any change in condition of persons in custody
ensure the DAMS units are operating properly
immediately notify the Officer in Charge if the equipment malfunctions
Officer in Charge
When notified about a prisoner who, due to their mental, physical or emotional condition, requires priority in booking and processing to decrease the likelihood of a confrontation or safety risk shall process the prisoner as soon as practicable.
When a person in custody is brought into the station shall
consider whether the circumstances of the arrest and continued detention is lawful and required
ensure the person has been informed of the reasons for the arrest
evaluate the physical and mental state of the person
inquire into any
suicidal behaviour
existing injury and related circumstances
existing medical condition, including but not limited to: physical illness, mental illness, alcohol use and/or addiction, drug use and/or addiction
safety concerns
other self–disclosed condition to which police should be alerted and comply with Appendix A, and make necessary notations in the appropriate Arrest Booking/Cell Management screen, if applicable
ensure the person is transported to hospital, if required
inquire if the person has an item of religious significance on their person or in their possession, and comply with item 32, if applicable inquire if the person has personal gender-affirming articles or gender-affirming prosthetics on their person or in their possession, and comply with item 30, if applicable
ensure the person has been informed of the right to counsel, including the availability of free legal advice through Duty Counsel and Legal Aid
ensure reasonable access to a telephone is afforded as soon as practicable and “no call desired” or the telephone number is recorded in the Arrest Booking/Cell Management screen
- Telephone conversations with counsel shall be in private where conversations cannot be overheard.
ensure the necessary notations are made in the Arrest Booking/Cell Management screen
record all pertinent information in the memorandum book
OIC
When a person in custody has a disability requiring the aid of an assistive device shall
shall assess whether to permit the person to keep their assistive device by
considering all risk factors, including those contained in Procedure 01–02, Appendix B
considering all available accommodation options, such as placing the person in a segregated cell
should permit the person to keep their device while in custody, if possible
upon determining that a person in custody cannot be accommodated, shall clearly articulate the reasons for the determination in the memorandum book, including all accommodation options considered
- Assessments of whether a person should be permitted to keep their assistive device while in custody shall be made on a case-by-case basis.
OIC
When a person in custody has gender-affirming personal items or gender-affirming prosthetics on their person or in their possession shall:
- assess whether to permit the person to keep their gender affirming item or gender-affirming prosthetic - Assessments regarding the retention of gender-affirming personal articles including gender-affirming prosthetics shall be made on a case by case basis complying with 1.9.2 Standards of Conduct considering all risk factors, including those contained in 01-02 Appendix B, 01-02 Appendix C and Appendix E. All available accommodation options shall be considered when making an assessment. - permit the person to keep their item/device to the point of undue hardship if allowing the person to retain the item, make the appropriate notation in the Property screen
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upon determining that a person in custody cannot be accommodated, shall clearly articulate the reasons for the determination in the memorandum book and the Booking and Search Template, including all accommodation options considered if removing the item from the person, do so in compliance with Procedure 01-02 Appendix C and Appendix E
OIC
When notified in accordance with items 18 and 25 that a decision regarding a person’s accommodation while in custody requires reassessment, due to a change in circumstances, shall
reassess the situation accordingly
ensure all pertinent details regarding the reassessment are recorded in the Arrest Booking/Cell Management screen
record all pertinent details regarding the reassessment in the memorandum book
OIC
When removing personal property from persons in custody shall ensure
prior to removing the property, the person is informed of the safety concerns that require its removal
the property is removed, inventoried and secured in a property bag in compliance with Procedures 01–02, 09–01 and 09–06
- The property bag may remain unsealed for investigative purposes providing it is in a secured location, but must be sealed prior to transport. The sealed property bag shall accompany the prisoner through the justice system.
the person’s money is counted and other property are inventoried aloud and on camera in the presence of the individual
all money and property are recorded in the Property screen
the person signs the Property form, as directed in Procedure 09–06
the property is inventoried on camera as it is returned to the person upon their release from custody
OIC
When a person in custody has an item of religious significance on their person or in their possession shall:
evaluate the safety risks that may result from allowing the person to retain the item
if allowing the person to retain the item, make the appropriate notation in the Property screen
if removing the item from the person, do so in compliance with Procedure 01–02, Appendix D
OIC
When a person in custody has apparently consumed liquor shall
ensure the arresting police officer has complied with Procedure 03–05, if the person is intoxicated
inquire when the person had their last drink
ensure the appropriate entries are made on the TPS 300 and the Arrest Booking/Cell Management screen for each booking process, if applicable
OIC
Upon determining the detention of the person is not required shall
release the person in compliance with the appropriate release procedures in Chapter 1
when the person in custody is a young person, ensure a parent, legal guardian, adult relative, adult friend or spouse is notified without delay and requested to attend the station
OIC
Upon determining the detention of the person is necessary shall
ensure the investigation is continued by the arresting officer and/or by the appropriate detective personnel
ensure front line officers are returned to active duty as soon as practicable
only permit the following individuals to interview a person in custody
police officers involved in the investigation
defence counsel
members of law enforcement or government agencies involved in the investigation, at the request of the investigating officer
crown attorney or assistant
a parent, relative, spouse or adult friend (young person only)
spouse or immediate relative (at conclusion of investigation only)
a consular official, where the person in custody is a foreign national as defined in Procedure 04–13
OIC
Upon determining a person in custody will be turned over to another law enforcement agency for investigation shall ensure
front line officers are returned to active duty as soon as practicable
the applicable eReports and the Arrest Booking/Cell Management screen have been properly completed
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the receiving law enforcement agency is made aware of any pertinent information regarding the person in custody including, but not limited to
known or suspected suicidal tendencies
violent tendencies
serious medical conditions
assistive devices
safety concerns
injuries
emotional disturbance, any known mental illness or developmental disability
medication, or whether any medication has been administered
impairment due to alcohol or drugs accommodations to protect the rights of a trans or gender diverse person
