73
COURT SECURITY
Civil and criminal courts adjudicate cases, penalize those found guilty of violating the law and protect the constitutional rights of those brought before them. Violence, or a threat of violence, in the courtroom facility would have a profound negative impact on the court’s functioning. Accordingly, appropriate levels of security should prevail in the court facility and/or courtrooms to protect the integrity of court procedures, to sustain the rights of individuals before it, to deter those who would take violent action against the court or participants in court procedures and to sustain the decorum of the court. Security measures used should include those designed to maintain the physical security of facilities and protect the judge, jury, and all other participants in the proceedings in court, as well as the public. These measures should be designed to intercept and remove individuals and items that may represent a threat to the peace, order, and integrity of the court.
Although the size, type, and numbers of courts and/or courtrooms in a particular jurisdiction will vary considerably, a minimum level of security should prevail in each. The security function for the court facility and/or courtrooms may be shared by two or more officials, or one official may carry this responsibility alone. When responsibility is shared by two or more officials, a memorandum of agreement should identify the responsibilities of each.
Standards specified herein apply only to those law enforcement agencies that have legally mandated responsibilities for provision of security within the courtroom (including limited-use courtrooms and court facilities), for the courthouse itself, or both. The categories of standards set forth are administration, operations, policy/procedures, and equipment. Emphasis is given to the fact that effective security for the court facility will be dependent on the use of written directives and operational plans. Also, it is implicit that written directives prepared in response to these standards are not in conflict with prevailing laws or court orders and are in accord with actual needs.
If temporary holding facilities are located in the court facility and used by the agency’s court security officer(s) to hold detainees awaiting appearances in court and/or for transfer back to a permanent holding facility or jail, Chapter 72 should be consulted for applicable standards.
All standards in Chapter 72 may be applicable but standards marked with (*) should be reviewed at a minimum. The (*) standards are:
72.1.1 72.3.3 72.4.5 72.4.10 72.6.1
72.1.2 72.4.1 72.4.6 72.4.11 72.6.2
72.2.1 72.4.2 72.4.7 72.5.1 72.6.4
72.3.1 72.4.3 72.4.8 72.5.2 72.8.3
72.3.2 72.4.4 72.4.9 72.5.5 72.8.3
73.1 Administration
73.1.1 If the agency has a court security function, a written directive includes:
a. a clear description of the agency’s role and authority for court security;
b. a clearly defined policy and procedure on court security for agency personnel assigned to the function; and
c. identification of a position in the agency responsible for the security function.
Commentary: The written directive may be as simple as a general order or as sophisticated as a desktop manual.
This standard is conditional upon the agency’s obligation to provide security for a court facility as a part of its legally mandated responsibility. Responding to the court on routine calls for service is no different from other such requests and does not cause this chapter to be applicable.
If the court security function is shared by two or more agencies, a memorandum of agreement should identify the responsibilities of each.
While the development of a suitable court facility security function is a cooperative effort involving the agency and the court, once established, the agency should maintain full control over its function and personnel. In addition to general agency policy, clear and concise policy and procedures for the court security function should be developed and provided in writing.
(M M M M)
73.2 Operations
73.2.1 The court security function is developed to meet the court’s needs, and addresses at a minimum:
a. facilities;*
b. equipment; and
c. plans/procedures based on a documented survey conducted every three years.
Commentary: The intent of this standard is to meet the needs of a variety of situations that may occur in the court.
"Facilities" refers to interior and exterior doors/windows, interior and exterior lighting, emergency lighting and power, fire/smoke detection and suppression equipment, alarms (intrusion, fire, duress), circulation patterns, secure areas, restricted areas, key control, ADA (Americans with Disabilities Act) accessibility, and communications.
"Plans/procedures" refer to the establishment of plans and or procedures to deal with emergencies (fire, medical, hostage, bomb, disaster), high-risk trials, searches (area, person), weapons, use of restraining devices, detainee movement, and circulation pattern."Equipment" includes fire suppression, medical supplies, restraining devices, communications, weapons (ammunition, gas), magnetometers, and alarms.
(M M M M)
73.3 Security Policy and Procedures
73.3.1 If policies prohibit weapons in areas of the court, lockboxes are available.
Commentary: Rules of the court or other regulations may prohibit weapons being carried in parts of the court facility. Lockboxes should be located so that they are convenient for law enforcement officers as well as secure.
(M M M M)
73.3.2 A written directive governs use of restraints on persons in custody while in the courtroom.
Commentary: These persons may be defendants awaiting trial, prisoners appearing as participants in a trial, or persons ordered by the court to be detained. The use of all restraining devices, where and when they are to be used, should be clearly set forth as applicable to the above persons whether they are male, female, juvenile, or handicapped, and exceptions should be included, if applicable. Application of policy should be uniform and consistent. A variety of restraining devices should be securely stored in or near the courtroom(s) and available for use by court security officers.
(M M M M)
73.4 Equipment
73.4.1 Equipment used for the court security function is specifically identified, available for immediate use and maintained in a state of readiness.
Commentary: It is important that court security officers know the types, quantity, condition, and location of such equipment. A list that identifies dates of acquisition and shelf life for such material as chemical agents should be readily available to the court security officer. Recorded items may include weapons, chemical agents, electronic gear, such as alarms, communications equipment, etc.; fire detection and fire-fighting items; restraining devices; medical emergency items; crowd control items; and, photographic equipment. Inspection forms completed at regular intervals, should attest to the current state of readiness. Actual testing of equipment where appropriate, should also be scheduled at regular intervals to ensure system integrity. Certification of equipment readiness by bona fide experts, e.g., engineers, fire marshals, doctors, is acceptable in lieu of actual testing.
(M M M M) Compliance may be OBSERVED.
73.4.2 Courtrooms are equipped with at least one means of external voice communication.
Commentary: This may be a telephone, a two-way radio (fixed or portable), or an intercom system. The need to communicate orally with security personnel in specific emergencies, such as a medical emergency, hostage situation, or at other times when assistance is needed, dictates this standard.
(M M M M) Compliance may be OBSERVED.
73.4.3 Courtrooms are equipped with duress alarms.
Commentary: Duress alarms are usually operated by switches at the judge’s bench. It is also advisable to have switches at the clerk’s and the bailiff’s positions. Procedures should be in place to insure operational readiness. The alarms should terminate in an area from which rapid response can be made to the call for assistance; the agency’s communications centers would be ideal. The level of sophistication of the alarm system should be consistent with the needs of individual courtrooms.
(O O O O) Compliance may be OBSERVED.