71.1.1 A written directive requires the transporting officer to search the prisoner before being transported.

Commentary: The transporting officer is legally responsible for the safety and custody of the prisoner being transported. It must be assumed that the prisoner may have had an opportunity to obtain contraband or a weapon prior to the time he or she is accepted for transport by the officer. It should never be assumed by the officer that someone else has searched the prisoner. Prisoners should be searched each time they come into the transporting officer’s custody, including transport to and from court appearances.

The directive should clearly define agency policy on the types of searches that may be conducted, describe when and where they may be conducted, and provide strict procedures on how and by whom each type of authorized search may be performed. Exceptions if allowed, should be listed. If conducted, strict guidelines on "strip" searches and/or "body-cavity" searches should be established and included in this directive (see 1.2.8).

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71.1.2 A written directive requires examination at the beginning of each shift of all vehicles used for transporting prisoners and the search of any transport vehicles prior to and after transporting prisoners.

Commentary: The intent of this standard is to ensure that any vehicle used to transport a prisoner is free of weapons and contraband before and after the prisoner comes in contact with the vehicle. An examination before beginning each shift will ensure the vehicle has not been tampered with since last used, is free of weapons and contraband, is mechanically safe, is free of damage or defect, and is properly equipped for use.

Each time a prisoner is to be transported, the vehicle should be examined to ensure that no weapons or contraband are present. Some latitude may be allowed where an officer has been in constant control of the vehicle following the pre-shift examination and the introduction of the prisoner to the vehicle; however, most vehicles will not have been under constant supervision and officers should not assume that no opportunity has existed for the introduction of weapons, contraband, or other items.

Once a prisoner has been removed from the vehicle, a thorough search should be conducted as soon as practical, but, in all cases, before the vehicle is reused. This will not only ensure that the prisoner has left nothing in the vehicle, but if items are found, link them in a timely manner to the prisoner.

In special transport situations, it is the transporting officer’s responsibility to ensure that the vehicle is safe and equipped with appropriate items; for example, spare tire, jack, lug wrench, and safety flares. The condition of the vehicle itself should be examined, including proper inflation of tires, fuel and oil levels, ignition system, and engine operation. The transporting officer should have proper forms or credit cards for procurement of gasoline, as well as all prisoner-related documentation required by standard 71.5.1.

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71.1.3 A written directive requires that transporting officers be seated in specific locations within the vehicle, depending upon the number of prisoners to be transported and the number of escort officers used.

Commentary: For safety reasons, the prisoner should be under observation at all times. Opportunities for escape or attack on transporting officers, for example, should be reduced as much as possible. The prisoner should be made as comfortable as possible, given the length of the trip being made, and secured to the maximum degree with appropriate restraining devices (see 71.2.1) and fastened seat belt (see 41.3.3).

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71.1.4 a written directive establishes under what conditions an officer may interrupt a prisoner transport for necessary stops and/or to render emergency assistance.

Commentary: The primary duty of the transporting officer is the safe delivery of the prisoner in his or her care. This directive should stipulate circumstances under which the transporting officer can stop to respond to the need for law enforcement services while transporting a prisoner, if allowed. However, the directive should caution that diversionary incidents, whether or not instigated by persons attempting to free the prisoner, may divert the transport officer and place the prisoner in jeopardy or enhance chances for escape. General principles of tort law impose a duty of care on the transporting officer to protect the prisoner from injury. Only when the risk to third parties is both clear and grave and the risk to the prisoner is minimal should the officer stop to render assistance.

During long distance transports, care should be taken when stopping for fuel and meals or for allowing the prisoners reasonable opportunities to use toilet facilities. Locations should be alternated and randomly selected. Normally, no stops will be made while transporting from the point of arrest to the booking/processing location (see 71.2.1).

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71.1.5 A written directive prescribes circumstances under which the prisoner may communicate with others while being transported.

Commentary: Safety aspects of the transport function require that the prisoner’s right to communicate with attorneys and others will not normally be exercised during the period that the prisoner is being transported.

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71.1.6 A written directive prescribes actions at the destination of officers transporting prisoners to a facility, to include at a minimum:

Commentary: Procedures for the release or transfer of prisoner medical information should address the need to comply with controlling legislation. In lieu of a written receipt the officer may document the transfer of the prisoner in a written report to include the receiving official’s name.

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71.1.7 Following an escape of a prisoner while being transported, the transporting officer takes actions prescribed by a written directive, to include, at a minimum, the following:

Commentary: If the escape occurs in another jurisdiction, the authority of the escort officer to take action in recovering the prisoner will depend upon the powers officers have in that jurisdiction. Depending upon the state, these will include peace officer powers anywhere within the state, within a mutual aid area, or only within the specific jurisdiction served by the officer.

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71.1.8 A written directive requires that the agency notify the appropriate agency or court when a prisoner to be transported to another agency or court is considered an unusual security risk.

Commentary: In such cases, the receiving agency may take additional security steps or the judge may allow or direct the use of restraining devices in the court and may request the assignment of additional officers for security while at the court.

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71.2.1 A written directive describes restraining devices and methods to be used during prisoner transports with exceptions noted.

Commentary: It is necessary for officers to know when and how prisoners are to be restrained and when, where, and how particular restraining devices are to be employed, including special and prohibited methods (see 41.3.3). Agencies should be aware that some techniques have been found to contribute to serious physical injury or death, e.g., "positional asphyxia" and should be prohibited. For example, in transporting more than one prisoner, should each be handcuffed with hands in front and arms intertwining or may a prisoner be handcuffed to any part of the vehicle? The directive should also take into account circumstances under which the prisoner is to be transported by vehicle over a period of several hours.

It should not be assumed that restraining devices are unnecessary for disabled prisoners. A prisoner in a wheelchair or one who uses walking aids may not require the use of restraining devices in all instances. Restraining devices also may be harmful to sick or injured prisoners, depending upon the nature of the sickness or injury. The written directive in both situations should be specific in defining circumstances when restraining devices would and would not be necessary and the extent of the officer’s discretion in their application.

Mentally disabled prisoners may pose a significant threat to themselves and/or the transporting officers. The selected device should restrain the prisoner securely without causing injury. These devices should be required whenever practical but should not preclude the use of handcuffs in emergency situations. The types of restraints used should be indicated on the transfer document.

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71.3.1 A written directive prescribes procedures for transporting sick, injured, or disabled prisoners.

Commentary: If a prisoner becomes sick or is injured incidental to arrest, the arresting officer should seek medical attention at that time, if at all possible. If the prisoner is not provided care in a medical facility or is not transported to a medical facility initially but is taken to the booking point, the directive should define the actions to be taken at that time for providing medical attention to the prisoner.

Physically and mentally disabled prisoners present conditions for their transport that dictate special care and attention. For example, the type of vehicle used would be a consideration when transporting nonambulatory prisoners or those requiring wheelchairs, crutches, or prosthetic appliances. It may be necessary to transport medicine, insulin, and other special items for certain prisoners during transport. The safety of the prisoner and the transporting officer requires due care when transporting disabled prisoners.

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71.3.2 A written directive establishes procedures for the security and control of prisoners transported to medical care facilities or hospitals for treatment, examination, or admission.

Commentary: Prisoners who are taken for immediate treatment should be closely monitored. Opportunities for escape, suicide and assault on hospital personnel or the transporting officer should be guarded against and will be more prevalent if the prisoner is unrestrained and/or out of sight. If restraints should be removed for treatment, caution should be exercised while the prisoner is unfettered. Only under unusual circumstances will the prisoner be allowed out of the transporting officer’s sight.

If the prisoner is admitted to the hospital, the agency may need to provide additional security. Some measures to consider are the type and period of treatment, degree of risk, isolation, 24-hour coverage, continued use of restraints, meals and utensils, monitoring all personal contacts with the prisoner, etc. Visitors should be prohibited, including telephone contact with the prisoner.

Officers assigned to guard the prisoner should be cautioned not to become lax while performing their duty. Long tedious hours, with little activity, easily lead to complacency and carelessness. Officers should also avoid fraternizing with the prisoner at any time. Any unusual occurrence should be recorded. Frequent rotation of guards and close supervision by superiors is recommended.

When released from treatment, the prisoner’s condition should be carefully recorded. All instructions for future treatment and medication should be obtained in writing and signed by the attending physician. Before moving, the prisoner should be searched and restrained (see 71.1.1 and 71.2.1).

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71.3.3 A written directive prescribes procedures for transporting prisoners in special situations.

Commentary: The unusual circumstances surrounding such situations as attending funerals, visiting hospitals and critically ill persons, or attending the reading of a will provide extraordinary opportunities to a prisoner for unauthorized personal contact, escape, or inflicting injury on himself or others. Therefore, special precautions and security measures should be stipulated and employed.

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71.4.1 Vehicles used primarily for transporting prisoners must have the driver separated from the prisoner by a safety barrier.

Commentary: The safety barrier prevents the prisoner from having access to the driver’s compartment of the vehicle. Communication between the front and rear compartments should not be impaired to the point that precludes conversation. Installation of such a barrier should be done in a manner that promotes the safety of occupants in the front and rear compartments.

(M M M M) Compliance may be OBSERVED.

71.4.2 If prisoners are routinely transported alone in the rear of agency vehicles, the rear compartments are modified to minimize opportunities for exit without the aid of the transporting officer.

Commentary: Cages, safety barriers, or removal of window cranks and door handles from the rear compartment will satisfy compliance with the requirements of this standard. Written policy generally prohibiting rear compartment transport by a single officer will also satisfy compliance here (see 71.1.3).

(M M M M) Compliance may be OBSERVED.

71.5.1 A written directive prescribes:

Commentary: Each prisoner being transported from a detention facility should be positively identified as the person who is to be moved. Booking records and numbers assigned to the prisoner in the detention facility should be verified and the person concerned confirmed as the person described in the records.

If the prisoner is to be transported to court, such information would include the prisoner’s name, facility prisoner number, and court to which the prisoner is to be delivered. When transporting a prisoner to another facility, the documentation should include commitment papers and the prisoner’s medical records and personal property. For interstate transports, the escort officer should have a properly executed governor’s warrant or a properly executed waiver. The escort officer should also be specifically alerted to any potential security problems that the prisoner may present during transport. This information should include escape or suicidal tendencies as well as unusual illnesses.

(M M M M)