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HomeMy WebLinkAbout901 Temporary Custody of JuvenilesIowa City Police Department Policy Manual Temporary Custody of Juveniles Effective Date: 11 /05/2024 Revised Date: Issuing Authority: Chief Dustin Liston 901.1 PURPOSE AND SCOPE This policy provides guidelines consistent with the Juvenile Justice and Delinquency Prevention Act for juveniles taken into temporary custody by members of the Iowa City Police Department (34 USC § 11133). 901.1.1 DEFINITIONS Definitions related to this policy include: Juvenile non -offender - An abused, neglected, dependent, or alien juvenile who may be legally held for his/her own safety or welfare. This also includes any juvenile who may have initially been contacted for an offense that would not subject an adult to arrest (e.g., fine -only offense) but was taken into custody for his/her protection or for purposes of reuniting the juvenile with a parent, guardian, or other responsible person. Juvenile offender - Ajuvenile under 18 years of age who is alleged to have committed an offense that would subject an adult to arrest (a non -status offense). It also includes an offense under 18 USC § 922(x) for handgun possession by a minor (28 CFR 31.303). Non -secure custody - When a juvenile is held in the presence of an officer or other department member at all times and is not placed in a locked room, cell, or behind any locked doors. Juveniles in non -secure custody may be handcuffed but not to a stationary or secure object. Personal supervision, through direct visual monitoring and audio two-way communication, is maintained. Monitoring through electronic devices, such as video, does not replace direct visual observation. Safety checks - Direct visual observation by a member of this department performed at random intervals, within time frames prescribed in this policy, to provide for the health and welfare of juveniles in temporary custody. Secure custody - When a juvenile offender is held in a locked room, a set of rooms, or a cell. Secure custody also includes being physically secured to a stationary object. Examples of secure custody include: (a) A juvenile handcuffed to a bench. (b) A juvenile left alone in a secure booking area after being photographed and fingerprinted. Copyright Lexipol, LLC 2024/12/14, All Rights Reserved. Temporary Custody of Juveniles - 1 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Temporary Custody of Juveniles (c) A juvenile placed in a room that is capable of being locked or contains a fixed object designed for cuffing or restricting movement. Sight and sound separation - Located or arranged to prevent physical, visual, or auditory contact. Status offender - A juvenile suspected of committing a criminal violation of the law that would not be a criminal violation but for the age of the offender. Examples may include running away, underage possession of tobacco, curfew violation, and truancy. A juvenile in custody on a court order or warrant based upon a status offense is also a status offender. 901.2 POLICY The Iowa City Police Department is committed to releasing juveniles from temporary custody as soon as reasonably practicable and to keeping juveniles safe while in temporary custody at the Department. Juveniles should be held in temporary custody only for as long as reasonably necessary for processing, transfer or release. 901.3 JUVENILES WHO SHOULD NOT BE HELD Juveniles who exhibit certain behaviors or conditions should not be held at the Iowa City Police Department. These include: (a) Unconsciousness or having been unconscious while being taken into custody or transported. (b) Serious injuries or a medical condition requiring immediate medical attention. (c) A suspected suicide risk or showing obvious signs of severe emotional or mental disturbance (see the Involuntary Commitments Policy). 1. If the officer taking custody of a juvenile believes that he/she may be a suicide risk, the officer shall ensure continuous direct supervision until evaluation, release or transfer to an appropriate facility is completed. (d) Significant intoxication or showing signs of having ingested any substance that poses a significant risk to their health, whether or not they appear intoxicated. (e) Extremely violent or continuously violent behavior. (f) Afflicted with, or displaying symptoms of, a communicable disease that poses an unreasonable exposure risk. Officers taking custody of a juvenile exhibiting any of the above conditions should take reasonable steps to provide medical attention or mental health assistance and should notify a supervisor of the situation. These juveniles should not be held at the Department unless they have been evaluated by a qualified medical or mental health professional, as appropriate for the circumstances. Copyright Lexipol, LLC 2024/12/14, All Rights Reserved. Temporary Custody of Juveniles - 2 Published with permission by Iowa City Police Department Iowa ='tx Police Department f Policy Manual Temporary Custody of Juveniles 901'4 CUSTODY OF JUVENILES Officers should take custody of a juvenile and temporarily hold the juvenile at the Iowa City Police Department when there is no other |@vvhu| and practicable alternative to temporary custody. Refer to the Child Abuse Policy for additional information regarding detaining a juvenile who is suspected of being @viCiim. No juvenile should be held in temporary custody at the Department without authorization of the arresting officer's supervisor or the Watch Commander. Juveniles taken into custody shall be held in non -secure custody unless otherwise authorized by this policy. Anv'UVeDi|8taken into custody shall b8released tOthe care Ofihe'UV8Oike'Sparent, legal guardian, or other responsible adult, or transferred to a juvenile custody facility or to other authority as soon as practicable. In noevent shall a juvenile be held in secure custody beyond six hours from the time Ofhis/her entry into the Department (34USC §11133). 901.4.1 CUSTODY OFJUVENILE NON -OFFENDERS Non -offenders taken into protective custody in compliance with the Child /\buSS Policy should generally not beheld 8ithe Iowa City Police Department. Custodial arrangements should bemade for non -offenders 8Ssoon as reasonably possible. Juvenile non -offenders may not b8 held in secure custody (34UGC §11133). 0014.2 CUSTODY C)FJUVENILE STATUS OFFENDERS Status offenders should generally be released by citation or with a warning rather than taken into temporary custody. HOvv9v8r, officers may take custody of status offender if requested to do SO by G parent or legal guardian in order to facilitate reunification /8.g.. transported hODl8 or to the station h]await 8 parent). Juvenile status offenders may not bH held in secure custody (34 U@C §11133). 0014.3 CUSTODY C)FJUVENILE OFFENDERS Juvenile offenders should be held in non -secure custody while at the Iowa City Police Department un|SS8 another f0nn of custody is authorized by this policy or is necessary due to exigent circumstances. Juvenile offenders may be taken into custody under the hdkJvvng [jrCunlGt8nCeS U0vv8 /a\ Pursuant toocourt order. (b) For a public offense that would qualify for the arrest of an adult. (c) When an officer has reasonable grounds to believe that the juvenile has violated e diSpOSidODa|OPd8[. UOkeSS the 'UmeOi|8 is placed in shelter care or detention, he/she Sh8U be [8|eGSed to @ parent guardian, responsible adult n8|8Uv8, Urother adult approved by the court. Detention should be requested from the juvenile court for juvenile offenders (Iowa Code § 232.19): (a) Who are being held on a warrant for another jurisdiction. Copyright Lempol,uo2024/1un4, All Rights Reserved. Temporary Custody ofJuveniles -3 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Temporary Custody of Juveniles (b) Who are escapees. (c) Who have violated conditions of release and there is a substantial probability that the child will run away or otherwise be unavailable for subsequent court appearance. (d) When there is a substantial probability that the child will run away or otherwise be unavailable for subsequent court appearance. (e) Who present a serious risk of committing an act that would inflict serious bodily harm on themselves or others or seriously damage property. (f) Who are suspected of selling or attempting to sell cocaine or methamphetamine. (g) When a disposal order has been entered placing the child in secure custody. (h) Who have committed domestic abuse or a domestic abuse assault. 901.5 ADVISEMENTS When a juvenile is taken into custody, the officer shall notify the juvenile's parent, guardian or custodian as soon as possible (Iowa Code § 232.19). 901.6 NO -CONTACT REQUIREMENTS Sight and sound separation shall be maintained between all juveniles and adults while in custody at the Iowa City Police Department. There should be sight and sound separation between non - offenders and juvenile and status offenders (34 USC § 11133). In situations where brief or accidental contact may occur (e.g., during the brief time a juvenile is being fingerprinted and/or photographed in booking), a member of the Department shall maintain a constant, immediate, side -by -side presence with thejuvenile or the adult to minimize any contact. If inadvertent or accidental contact does occur, reasonable efforts shall be taken to end the contact. 901.7 TEMPORARY CUSTODY REQUIREMENTS Members and supervisors assigned to monitor or process any juvenile at the Iowa City Police Department shall ensure: (a) The Watch Commander is notified if it is anticipated that a juvenile may need to remain at the Department more than four hours in secure custody. This will enable the Watch Commander to ensure no juvenile is held at the Department more than six hours in secure custody. (b) Safety checks and significant incidents/activities are noted on the log. (c) Juveniles in custody are informed that they will be monitored at all times, except when using the toilet. 1. There shall be no viewing devices, such as peep holes or mirrors, of which the juvenile is not aware. 2. This does not apply to surreptitious and legally obtained recorded interrogations. (d) A member of the same sex will supervise personal hygiene activities and care, such as changing clothing or using the restroom, without direct observation to allow for privacy. Copyright Lexipol, LLC 2024/12/14, All Rights Reserved. Temporary Custody of Juveniles - 4 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Temporary Custody of Juveniles (e) There is reasonable access to toilets and wash basins. (f) There is reasonable access to a drinking fountain or water. (g) Food is provided if a juvenile has not eaten within the past four hours or is otherwise in need of nourishment, including any special diet required for the health of the juvenile. (h) There are reasonable opportunities to stand and stretch, particularly if handcuffed or otherwise restrained. (i) There is privacy during family, guardian and/or attorney visits. (j) Juveniles are generally permitted to remain in their personal clothing unless it is taken as evidence or is otherwise unsuitable or inadequate for continued wear while in custody. (k) Clean blankets are provided as reasonably necessary to ensure the comfort of an individual. (1) Adequate shelter, heat, light and ventilation are provided without compromising security or enabling escape. (m) Adequate furnishings are available, including suitable chairs or benches. (n) Juveniles have the right to the same number of telephone calls as adults in temporary custody (see the Temporary Custody of Adults Policy). (o) Discipline is not administered to anyjuvenile, nor will juveniles be subjected to corporal or unusual punishment, humiliation or mental abuse. 901.8 RELIGIOUS ACCOMMODATION Juveniles have the right to the same religious accommodation as adults in temporary custody (see the Temporary Custody of Adults Policy). 901.9 USE OF RESTRAINT DEVICES Juvenile offenders may be handcuffed in accordance with the Handcuffing and Restraints Policy and Iowa Code § 232.19. A juvenile offender may be handcuffed at the Iowa City Police Department when the juvenile presents a heightened risk. However, non -offenders and status offenders should not be handcuffed unless they are combative or threatening. Other restraints shall only be used after less restrictive measures have failed and with the approval of the Watch Commander. Restraints shall only be used so long as it reasonably appears necessary for the juvenile's protection or the protection of others. Juveniles in restraints shall be kept away from other unrestrained individuals in custody and monitored to protect them from abuse. 901.9.1 PREGNANT JUVENILES Juveniles who are known to be pregnant should be restrained in accordance with the Handcuffing and Restraints Policy. Copyright Lexipol, LLC 2024/12/14, All Rights Reserved. Temporary Custody of Juveniles - 5 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Temporary Custody of Juveniles 901.10 PERSONAL PROPERTY The personal property of a juvenile shall be processed in the same manner as an adult in temporary custody (see the Temporary Custody of Adults Policy). 901.11 SECURE CUSTODY Only juvenile offenders 14 years of age or older may be placed in secure custody. Watch Commander approval is required before placing a juvenile offender in secure custody. Secure custody should only be used for juvenile offenders when there is a reasonable belief that the juvenile is a serious risk of harm to him/herself or others. Members of this department should not use secure custody for convenience when non -secure custody is, or later becomes, a reasonable option. When practicable, handcuffing one hand of a juvenile offender to a fixed object while otherwise maintaining the juvenile in non -secure custody should be considered as the method of secure custody. A member must be present at all times to ensure the juvenile's safety while secured to a stationary object. Generally, juveniles should not be secured to a stationary object for more than reasonably necessary. Supervisor approval is required to secure a juvenile to a stationary object for longer than 60 minutes and every 30 minutes thereafter. Supervisor approval should be documented. 901.11.1 LOCKED ENCLOSURES A thorough inspection of the area shall be conducted before placing a juvenile into the locked holding area to ensure there are no weapons or contraband and that the area is clean and sanitary. An inspection should be conducted when he/she is released. Any damage noted to the area should be photographed and documented. The following requirements shall apply: (a) Anything that could create a security or suicide risk, such as contraband, hazardous items, belts, shoes or shoelaces, and jackets, shall be removed. (b) The juvenile shall constantly be monitored by an audio/video system during the entire temporary custody. (c) The juvenile shall have constant auditory access to department members. (d) The juvenile's initial placement into and removal from a locked holding area shall be logged. (e) Unscheduled safety checks by department members shall occur no less than every 15 minutes. 1. Requests or concerns of the juvenile should be logged. (f) Males and females shall not be placed in the same locked room. (g) Juvenile offenders should be separated according to severity of the crime (e.g., felony or misdemeanor). Copyright Lexipol, LLC 2024/12/14, All Rights Reserved. Temporary Custody of Juveniles - 6 Published with permission by Iowa City Police Department Iowa ='tx Police Department f Policy Manual Temporary Custody of Juveniles (h) Restrained juveniles shall not be placed in a cell or room with unrestrained juveniles. 901'12 SUICIDE ATTEMPT, DEATH ORSERIOUS INJURY The Field [)p8[@UODS Division Commander will 8D8U[g p[OC8dUreS are in place to address any suicide 8UBmct' death or serious injury of any juvenile held at the |8w8 City PO|iC8 Department. The procedures should include the following: ho\ Immediate request for emergency medical assistance if appropriate /b\ |0Dl8diGte DOUfCaUOO Of the VVGtCh COOOOO8Dder, Chief Of PO|iC8 and |nw9[tig8hOn Division Commander (C) Notification of the parent, guardian or person standing in loco parentis of the juvenile (d) Notification Ofthe appropriate prosecutor /e\ Notification of the City Attorney (f) Notification of the Medical EX8Dlin8[ /0\ Notification Ofthe juvenile court /h\ Evidence preservation 901'13 INTERVIEWING ORINTERROGATING No iDt8n/8vv or interrogation of juvenile should occur uOkeSS the juvenile has the @pp8nS[d capacity to consent, and does consent, to an interview or interrogation. 901.13.1 CUSTODIAL INTERVIEWS AND INTERROGATION JUYeDi|8S in custody should be questioned in conformance with the []epGrtDleOt@| Juvenile Waiver form See attachment: juvenile vvGiw8[.pdf . JUw8Di|8S GhOU|d be 8||OvvSd to CODSV|[ with their porenUa\. To the extent pnaciioo|, parents should be allowed to be present during the interrogation of juveniles. C)u8eUODing Of juveniles should be limited to two officers and limited in duration to no more than One hour without a supervisor's approval. 901.13.2 NON -CUSTODIAL INTERVIEWS AND INTERROGATION The foUOVVDg QUid8|iDeS for OOO-CUStOdiG| interviews Of 'UmeOi|8 SUSp9C[S are designed to assist officers without limiting their use of good judgment: ° |ntemiavva of juveniles should be done with the consideration of the juvenile's aga, mental capaoitv, intelligence and educational baohonound, and general physical condition. ° No juvenile 15 years of age or under should be interviewed without explicit permission from oparent orguardian. ° Officers should attempt to contact a parent or guardian of a juvenile 16 years of age orolder and advise the parent or guardian of the intent to interview the juvenile. Copyright um/om.//ou02w1unv.All Rights Reserved. Temporary Custody ofJuveniles -7 Published with permission uvIowa City Police Department Iowa City Police Department Policy Manual Temporary Custody of Juveniles If the officer is not able to contact the parent or guardian of a juvenile 16 years of age or older after a concerted effort is made, the juvenile may give permission themselves. All attempts to contact a parent or guardian shall be documented. 901.14 RESTRICTION ON FINGERPRINTING AND PHOTOGRAPHING A juvenile may be fingerprinted in the following circumstances (Iowa Code § 232.148): (a) The juvenile has been taken into custody for a public offense, other than a simple misdemeanor. (b) When an officer has reasonable grounds to believe that fingerprints found during the investigation of a public offense are those of a particular juvenile. 1. If the comparison is positive, the Records Manager shall ensure that the fingerprint card, along with any additional copies, is forwarded to the Department of Public Safety within two business days. 2. If the comparison is negative, the Records Manager shall ensure that the fingerprint card, along with any additional copies, is immediately destroyed. Photographs may also be taken of a juvenile when he/she has been taken into custody for a public offense, other than a simple misdemeanor (Iowa Code § 232.148). 901.15 TRAINING Department members should be trained on and familiar with this policy and any supplemental procedures. Copyright Lexipol, LLC 2024/12/14, All Rights Reserved. Temporary Custody of Juveniles - 8 Published with permission by Iowa City Police Department Policy Manual Attachments Copyright Lexipol, LLC 2024/12/14, All Rights Reserved. Attachments - 9 Published with permission by Iowa City Police Department Policy Manual juvenile waiver.pdf Copyright Lexipol, LLC 2024/12/14, All Rights Reserved. Juvenile walver.pdf - 10 Published with permission by Iowa City Police Department JUVENILE WAIVER 1. You have the right to remain silent. 2. Anything you say can and will be used against you in a court of law. 3. You have the right to a lawyer and have the lawyer with you while you are being questioned. 4. If you want a lawyer and cannot afford to hire a lawyer, one will be appointed for you before questioning. I have read my rights. I understand each of them. Juvenile Signature: Officer Signature: ********************************************************************************************************************************* JUVENILE 15 YEARS OF AGE OR YOUNGER -- WAIVER BY CHILD AND PARENT/GUARDIAN/CUSTODIAN I have been asked if I have any questions and I don't have any. I am right now willing to give a statement and answer questions and give up my right to have a lawyer present. No promise or threats have been made to me to make me give up my rights. Juvenile Signature: Witness: I hereby consent to this child giving up his right to counsel. Parent/Guardian/Custodian Signature: Witness: JUVENILE 16 YEARS OF AGE OR OLDER -- PARENTAL NOTIFICATION AND WAIVER OF RIGHTS Parental Notification by Officer I have made a good faith effort to contact the child's parent, guardian or custodian by taking the following steps, but was unsuccessful. (Briefly describe attempts.) 2. 1 was able to contact the child's parent, guardian or custodian. I told them: a. That the child has been taken into custody, and b. The crime with which the child has been charged, and c. The location of the child, and d. About their right to visit and confer with their child. Officer Signature: ---------------------------------------------------------------------------------------------- Waiver of Rights by Juvenile 16 Yeas of Age or Older I, the child, understand that upon notification to my parent, guardian or custodian of my being in custody, the crime with which I am charged, my location, and their right to visit and talk to me, I can waive my right to an attornev, even if my guardian or custodian does not want me to waive that right. I further understand that if my parent, guardian or custodian cannot be reached by the police, I can waive my right to counsel. I am willing to give a statement and answer questions and give up my right to have a lawyer present. No promises or threats have been made to me to make me give up my rights. Juvenile Signature: Officer Signature: DATE: IOWA CITY POLICE DEPARTMENT Police\forms\juvenile waiver.pdf