72.1.1* A written directive requires that personnel receive training on the operations of the holding facility, to include fire suppression and equipment provided for use by the agency.

Commentary: Types and levels of training should vary with the nature of assignments and responsibilities. Employees who work in direct, continuing contact with detainees require special training, including use of physical restraint, to ensure safety and security of staff and detainees. Employees who do not work in direct contact with detainees should receive an orientation on the operation of the holding facility and their role, if any.

Fire suppression may include smoke and fire detectors, fire extinguishers, fire hoses to one and one-half inches, and air packs (see 72.3.1).

(M M M M)

72.1.2* A written directive governs access of nonessential persons to the holding facility.

Commentary: If nonessential persons are granted access to holding facilities, their presence should not violate a detainee’s privacy, impede facility operations, or obstruct or frustrate acquisition and development of information for presentation in court by either the prosecution or the defense. Access of all nonessential persons should be prohibited in emergency situations.

(M M M M)

72.1.3 The agency has procedures for safeguarding detainee records from unauthorized disclosure.

Commentary: A detainee’s constitutional right to privacy can be violated if records are improperly disseminated. The agency should establish procedures to limit access to detainee records in accord with federal and state statutes.

(M M M M)

72.2.1* Holding facilities provide the following minimum conditions for detainees:

Commentary: Sufficient air, lighting, and sanitary facilities are essential to the health of detainees. Bedding issued to detainees held overnight should be clean, sanitary, and fire-retardant. The directive may provide exceptions for detainees who are deemed to be suicidal.

(M M M M) Compliance may be OBSERVED.

72.3.1* The facility has an automatic fire alarm and heat and smoke detection system, fire equipment approved in writing by state or local fire officials, and a written directive prescribing fire prevention practices and procedures to include:

Commentary: reasonable provisions for testing and or self testing of the technology employed should be established to ensure the integrity and reliability of the system. The agency should plan and execute all reasonable procedures for the prevention and prompt control of fire, e.g. the current Life Safety Code as published by the National Fire Protection Association (see 72.1.1).

(M M M M)

72.3.2* There is a written and posted emergency evacuation plan for the facility and a designated and signed emergency exit directing evacuation of persons to hazard-free areas.

Commentary: If possible, two separate means of emergency exit should be provided. The evacuation plan should specify route of evacuation and subsequent disposition and housing of detainees. The plan also should include provisions for first aid and hospital transportation.

(M M M M)

72.3.3* A written directive requires a documented weekly sanitation inspection of the facility and specifies procedures for control of vermin and pests.

Commentary: Any condition conducive to harboring or breeding insects, rodents, or other vermin should be eliminated. If necessary, pest control professionals should be used to clean or fumigate the facility.

(M M M M)

72.4.1* A written directive specifies that firearms will be secured before entering the holding facility, and, if any exceptions or conditions are permitted in emergencies, they are included in the directive.

Commentary: The agency should consider any other items such as knives, batons, chemical sprays, etc., it may want to exclude from the holding facility environment when formulating its directive on the exclusion of firearms.

(M M M M)

72.4.2* A written directive governs conditions under which an officer enters an occupied cell.

Commentary: To ensure that detainees held in cells do not have an opportunity to take keys from an officer and escape, it is preferable that officers not enter a cell alone, unless they are being monitored by visual or audio surveillance devices and/or have a distress alarm in their possession.

(M M M M)

72.4.3* A written directive governs control and use of keys.

Commentary: The key control system should provide an accurate accounting of the location and possessor of each key. Duplicate emergency keys or a master key should be readily available in emergency situations.

72.4.4* A written directive specifies which holding facility doors are to be secured and when.

Commentary: It is essential that staff members know which doors should be locked, when and under what circumstances they should be opened. Doors to vacant units, unoccupied cells, and storage rooms should be locked when not in use. Doors should be tested for vulnerability after they are secured.

(M M M M)

72.4.5* A written directive requires a security check, including searching for weapons and contraband, prior to each use of an unoccupied cell.

Commentary: A security check, including a search for weapons and contraband, should be made of each unoccupied cell prior to use. In addition, a cell should be checked when it becomes unoccupied. The written directive should indicate who is responsible for making this security check and require that any conditions observed be reported immediately to supervisory personnel either verbally or in writing.

(M M M M)

72.4.6* A written directive requires a documented security inspection, including searching for weapons and contraband, of the holding facility at least weekly.

Commentary: At least once a week, bars, locks, windows, walls, floors, ventilator covers, glass panels, access plates, protective screens, doors, and other security devices should be checked carefully for operational wear and detainee tampering. Inspections should include occupied and unoccupied cells. Results of these inspections should be submitted in writing to the chief executive officer or his designee. All defective security equipment should be replaced or repaired immediately. All holding areas and other areas to which detainees have access should be searched for weapons and contraband.

(M M M M)

72.4.7* A written directive governs control of tools and culinary equipment.

Commentary: A strict accounting should be made of all tools and utensils coming in and going out of the facility, as well as strict visual supervision of their use while inside the facility. A system to control tools and culinary equipment brought into the facility should apply to agency personnel and outside maintenance persons alike.

(M M M M)

72.4.8* The agency has a system in the holding facility to alert a designated control point in the event of an emergency.

Commentary: An audio communication system may be enhanced by the use of video equipment to supplement personal supervision by staff. Detainees also can use the system to advise staff of emergency needs (see 72.8.2).

(M M M M) Compliance may be OBSERVED.

72.4.9* If officers are not equipped with "alert" or "panic alarm" systems or a means of two-way communication, there is a security alarm system linked to a designated control point.

Commentary: None.

72.4.10* A written directive prescribes procedures to be followed in the event of an escape.

Commentary: The procedures to be followed if an escape occurs should be made known to all personnel. They should include provisions for sounding alarms, alerting officials, mobilizing resources, and ending the alert.

(M M M M)

72.4.11* A written directive requires a documented report of all incidents that threaten the facility or any person therein.

Commentary: None.

(M M M M)

72.5.1* A written directive establishes procedures for a search of the detainee to include:

Commentary: The written directive should precisely identify the types and scope of searches to be conducted by agency personnel. The directive should be consistent with current legal standards concerning the conduct of strip searches and body cavity searches (see 1.2.8). The written directive should also specify which items may be retained by the detainee and which may not. It is important to record carefully all property pending its return at the time of release. Unauthorized items and confiscated contraband should be shown on the inventory along with the detainee’s signature, and a copy placed in the detainee’s file. If possible, this process should be witnessed. If the detainee refuses to sign the inventory, it should be so noted.

(M M M M)

72.5.2* A written directive requires the secure storage of any property taken from detainees.

Commentary: None.

(M M M M)

72.5.3 A written directive requires that an intake form is completed for every person booked into the facility and contains the following information to the extent permitted by law:

Commentary: Intake information should enhance the ability of the facility staff to promote conditions that contribute positively to the health and security of the detainee, to the safety of others, to the security of property, and to the positive identification of the detainee. Standard 72.6.3 sets forth the requirements for medical screening of detainees on booking into the facility and before transfer to another facility.

(M M M M)

72.5.4 If males, females, and/or juveniles are required to be detained at the same time, their holding areas are separated from each other by sight and sound.

Commentary: The intent of this standard is to ensure the segregation of three detainee types. Juveniles should not be processed in the presence of adult violators and should be held in areas away from adult detainees. Females should be separated from areas where males are detained.

Sound for the purpose of this standard is defined as normal/loud conversation and does not include deliberate yelling or screaming. Yelling and screaming should be controlled by persons supervising detainees.

Agencies may comply with this standard by developing written procedural alternatives to avoid detaining males/females/juveniles in the same area.

(M M M M) Compliance may be OBSERVED.

72.5.5* A written directive prescribes methods for handling, detaining, and segregating persons under the influence of alcohol or other drugs or who are violent or self-destructive.

Commentary: The holding facility is not normally equipped to provide treatment to persons under the influence of drugs or alcohol. Such persons should be detained in other facilities, when available. When these facilities are not available, special consideration should be given to ensuring that the potential for detainees to injure themselves or others is minimized. Such detainees should remain under close observation by facility staff.

(M M M M)

72.5.6 If detainees are received from an outside agency, positive identification is made of the person presenting the detainee for detention, including verification of the person’s authority to make the commitment.

Commentary: If unknown, the person presenting the detainee for detention should be required to produce appropriate identification and his or her legal authority to make the commitment. Phone calls may be necessary to verify the identity of the presenting party.

(M M M M)

72.5.7 A written directive prescribes space arrangements and procedures to follow in the event of a group arrest that exceeds the maximum capacity of the holding facility.

Commentary: The directive should address such matters as provision for extra personnel, additional physical facilities, and booking and detention procedures (see 2.1.3 and 46.1.3).

(M M M M)

72.5.8 A written directive requires positive identification be made before detainee is released.

Commentary: None.

(M M M M)

72.5.9 A written directive governs the return of property to detainees upon release.

Commentary: Property should be compared with the inventory list and, if everything is in order, the detainee should sign a receipt for property returned. Property retained for evidentiary or other purposes should be noted on the receipt. If the detainee is released to a transporting officer for transfer to another facility, the property should be given to the transporting officer, who should sign the receipt. The facility should maintain a copy of the receipt for its files.

(M M M M)

72.6.1* A written directive, approved by a licensed physician, identifies the policies and procedures to be followed when a detainee is in need of medical assistance.

Commentary: Arrangements for detainee emergency health care should be made with a local medical facility. If possible, a licensed health care professional should be identified as the emergency health care contact person. At least one on-duty person should be certified in first aid. The intent of this standard is to ensure that staff recognize, take immediate action on, and report all detainee medical emergencies.

(M M M M)

72.6.2* A first aid kit is available in all facilities and is subjected to a documented weekly inspection and replenished, as necessary.

Commentary: First aid equipment available to facility personnel should provide a capability for proper response to a broad range of anticipated emergencies.

(M M M M) Compliance may be OBSERVED.

72.6.3 A written directive requires that detainee "receiving screening" information be obtained and recorded when detainees are admitted to the facility and before transfer to another facility. Receiving screening must include an inquiry into:

Commentary: The purpose of the screening is to determine whether medical attention is required. Female detainee screening should take into account the special needs of women.

Receiving screening may be performed by allied health personnel or by trained correctional officers at the time of booking. The information obtained may be recorded on a separate form designed for this purpose or recorded with other information obtained during the booking process (see 72.5.3). In addition, a record should be kept of all treatment and medication administered to a detainee, including circumstances or events necessitating such treatment.

(M M M M)

72.6.4* Procedures for gaining access to medical services are posted in areas used by detainees, in the language(s) prevalent to the area.

Commentary: It is important that detainees know that emergency health care services are available to them. The procedures for requesting emergency health care should be posted in conspicuous places in English and in any other languages that may be prevalent in the area. Access procedures should be explained orally to detainees unable to read. Signs should be permanently mounted and legible.

(O O O O) Compliance may be OBSERVED.

72.6.5 A written directive controls distribution and documentation of pharmaceuticals within the facility, to include over the counter medications and medications belonging to the prisoner.

Commentary: Procedures should be in place to verify prisoner medication and the dosage limits and requirements.

72.7.1 A written directive sets forth procedures regarding a detainee’s rights, that include at a minimum:

Commentary: None.

72.8.1 A written directive requires 24-hour supervision of detainees by agency staff, including a count of the detainee population at least once every eight hours, and establishes procedures to ensure that the detainee is visually observed by agency staff at least every thirty minutes.

Commentary: Twenty-four-hour supervision is essential for maintaining security and ensuring the safety and welfare of detainees. Supervision, as used in this standard, assumes agency staff are present in the same building that houses the holding facility and not at a remote location. One intent of this standard is to prohibit delegating supervision to a trustee. In addition to a count of the detainee population at least once every eight hours, other counts may be necessary prior to and following certain activities, such as night lockup, recreation, and meals.

Care should be taken during physical checks that the detainee does not anticipate the appearance of agency staff. Detainees who are security risks should be under closer surveillance and require more frequent observation. This classification includes not only detainees who are violent but also those who are suicidal or mentally ill or demonstrate unusual or bizarre behavior.

(M M M M)

Commission Interpretation (March 22, 1996)—term "Visually Observed": Agencies are encouraged, but not required, to introduce direct physical checks whenever possible, but detainees may be observed through audio/visual means.

72.8.2* If audio and/or visual electronic surveillance equipment is used, a written directive specifies that the equipment will be controlled to reduce the possibility of invading a detainee’s personal privacy.

Commentary: Electronic surveillance devices, such as television cameras and listening devices, should be used primarily at critical locations of movement in the facility. They should not be used in such a way that they violate the personal privacy of detainees. Exceptions may be made, and they should be noted in the directive (see 72.4.8).

(M M M M)

72.8.3* A written directive specifies procedures for supervision of detainees of a sex opposite that of the supervising staff member.

Commentary: It is extremely difficult for staff to supervise detainees of the opposite sex; agency staff should be carefully advised of procedures to be followed and, if possible, have all contact monitored by another employee in these instances.

(M M M M)

72.8.4 If detainees are allowed to receive mail or packages while incarcerated, a written directive regulates procedures, to include:

Commentary: Holding facilities are generally not prepared to deal with the problems and hazards associated with receiving property on behalf of a detainee in their custody. To avoid problems, agencies may wish to prohibit all deliveries to detainees until they are released or transferred to a long-term correctional institution.

If allowed, cash, checks, or money orders received from incoming mail or from visitors should be carefully inspected, duly receipted, added to the detainee’s property inventory report, and housed with the detainee’s other property. All items received should be carefully inspected for weapons, contraband, or threats to the security of the holding facility.

The policy chosen by the agency should be in writing and consistently applied in all situations.

72.8.5 A written directive governs procedures for visiting detainees.

Commentary: Holding facilities are generally not equipped to handle visitors. Visits should be discouraged until detainees arrive at the appropriate correctional institution where visitations can be appropriately managed.

Holding facility security is paramount. All contact with a detainee should be closely monitored and controlled to avoid transfer of weapons or contraband. In exceptional situations, where a detainee should meet with a visitor, such as an attorney, the detainee should be removed from the holding facility and brought to another location for the meeting.

The detainee should be carefully searched before leaving and re-entering the holding facility. Each visitor should be required to register his or her name, address, and relationship to detainee upon entry. Generally, all visitors, and their belongings, coming into direct contact with detainees should be searched.

(M M M M)

72.9.1 A written directive identifies procedures for the following:

Commentary: Agencies often need to interview or detain persons before they are arrested or booked. Daily police operations are often unpredictable, and it may be necessary to use a room, space, or area to separate persons under arrest, maintain control, wait for bonding, clean up a temporary booking backlog, or prepare paperwork for court.

(M M M M)

72.9.2 A written directive establishes minimum physical conditions for the temporary holding area or room and provides for access to water, restrooms, and other needs.

Commentary: These items are not required to be in the room, but the agency is responsible to ensure these items are provided in a timely manner.

(M M M M)

72.9.3 If the temporary holding area is used, the period of time that a detainee may be held without continuous control or supervision of agency personnel will not exceed two hours.

Commentary: None.

72.9.4 If a detainee is to be secured to an immovable object, it will be designed and intended for such use.

Commentary: This method of detention should only be used when no other suitable method is available. Immovable objects designed for this purpose may include a bar or ring to which a handcuff can be secured.

(M M M M)

72.9.5 There is a plan for fire prevention, fire evacuation, and fire suppression for the temporary holding area or room.

Commentary: None.

72.9.6 A written directive addresses the following security concerns in the temporary holding area:

Commentary: Some detainees are a potential threat to themselves and agency staff so appropriate safety precautions should be taken while maintaining legal and reasonable conditions of treatment. The standard does not require the agency to adopt any specific procedures or the installation of alarms.

(M M M M)

72.9.7 A written directive requires training for all agency staff with any responsibility for detainees in temporary custody.

Commentary: None.