STANDARD OPERATING PROCEDURE

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1 Las Vegas Metropolitan Police Department SOP Detention Services Division Issue Date 04/02/01 Las Vegas, NV Annual Review 04/01/13 Revision Date 07/23/12 STANDARD OPERATING PROCEDURE SUBJECT BOOKING DETENTION OF FOREIGN NATIONALS POLICY Foreign nationals detained in the Clark County Detention Center are to be advised of the right to have their Consular official notified. The Consular Office is the office of a foreign government authorized to provide assistance, on behalf of their government, to their citizens in the US. REFERENCE 4th Edition ACA Standards for ALDF: 2A-19, 2A-21, 6A-04, 6A-06 US State Department; Consular Notification and Access, January 1998, Accessed May 2008 Vienna Convention on Consular Relations (VCCR). The update of this publication is available at OVERVIEW This SOP prescribes guidelines and procedures as set forth by the US State Department pertaining to the incarceration of foreign nationals in the Clark County Detention Center. Any person in this country who is NOT a US citizen is a Foreign National. Alien is used interchangeably with Foreign National. A Dual National is a person who is a national or citizen of two or more countries. For information on use of translation services, see SOP # , Language Line Services. PROCEDURES I. FOREIGN NATIONALS/ALIEN HOLDING (GROUND FLOOR) A. All persons arrested or detained into the Clark County Detention Center will be asked their foreign national status. An example is below: US Citizen? Yes No What Nation?: Do you wish your Consulate notified? Yes No B. The Classification Officer completing the Intake Pre-classification Questionnaire will annotate response to above questions on citizenship on this questionnaire. 1. If arrestee acknowledges US citizenship, the officer can rely on that assertion and no further action is required. 2. If arrestee claims to be a foreign national, determine the country of origin: Verbal Identification

2 SOP Page2 Passport Travel Documents Other Identification Other Indicators: Bi-lingual Non-English speaking Alien registration forms 3. Notify Booking Sergeant as soon as possible if arrestee is determined to be a Foreign National. If the authenticity of an arrestee s identification card indicates their foreign citizenship is in question, contact the US Department of State s Office of Protocol at during normal business hours. After hours or if urgent contact Department s Bureau of Diplomatic Security at , , or for assistance. C. Classification Officer: 1. The countries listed in Mandatory Notification Countries and Territories (attached) require notification of the Consular Office upon the arrest or detention of a Foreign National. The arrestee s Consular Office must be notified regardless of the Foreign National s wishes. 2. If the Foreign National is a citizen of a Mandatory Notification country: Contact the appropriate country s Consular Office via phone or fax. Notification will be made to the nearest Consulate. Annotate contact in Consulate Notification Log Book kept at the Classification Officer s station in open booking area. There should be no deliberate delay of notification, and notification must occur as soon as reasonably possible under the circumstances. Phone numbers are located in the Foreign Nationals Binder located at Classification Officer s station. The Consular Notification of Arrest or Detention fax sheet for notification is attached. Place completed Consular Notification of Arrest or Detention form with (if available) a copy of the fax confirmation sheet in the inmate s file. 3. If the Foreign National is a citizen of a Non-mandatory Notification country: If detainee requests notification of Consular Office, the request should be granted without delay. Notification will be made to the nearest Consulate. The Department of State recommends that notification be given within 24 to 72 hours of the arrest or detention. Using the statement contained in the form Consular Notification of Arrest or Detention, inform arrestee of his right to have the Consular Office notified of his detention. If the Foreign National asks to have the Consular Office contacted, follow procedures as outlined in section above. If the Foreign National declines, annotate on the Consular Notification of Arrest or Detention form. Place the form in the inmate s file. E-2

3 SOP Page3 NOTE: If the person does not understand English, use the statement from the arrestee s language to inform them of their rights. This statement can be found via the internet at Log all actions in the Consular Notification Log Book. II. FOREIGN NATIONAL/ALIEN ASSIGNED TO A UNIT A. Housing Unit Officer will notify the Floor Sergeant if an inmate asks to contact his/her Consular Office. B. Floor Sergeant will determine if the inmate has previously been identified as a Foreign National. 1. If previously identified, and notifications have been made, inmate can contact his Consular Office via mail or housing unit phone system. 2. If identified, but originally waived the right to Consular Notification, or if not previously identified as a Foreign National, the Floor Sergeant will telephonically contact the Consular Office or fax the appropriate information as outlined in Section I, above. 3. The Floor Sergeant should note in DAR inmate s name, ID#, and which Consulate was notified. III. CONSULAR OFFICIAL S ACCESS TO FOREIGN NATIONALS A. Consular officials are entitled access to their nationals being detained and are entitled to provide Consular assistance upon presenting their Department of State credentials identifying themselves. If reason to doubt the authenticity of the identification card, call the Department at or after hours or if urgent at or B. Access to Foreign Nationals by members of the Consular Office will not be denied except in emergency situations, or when identity of the Consular representative cannot be determined. C. Consular officers and diplomats visiting a detained foreign national will be given the same access privileges as attorneys visiting a client. Requests for visits at times other than normal visiting hours will be referred to the responsible Bureau Lieutenant where incident occurs or above for approval. JD:km Attachments: Mandatory Notification Countries and Territories Consular Notification of Arrest or Detention Form JOHN M. DONAHUE, DEPUTY CHIEF DETENTION SERVICES DIVISION E-3

4 SOP Page4 Updated 07/23/12 MANDATORY NOTIFICATION COUNTRIES AND TERRITORIES Albania Malaysia Algeria Malta Antigua and Barbuda Mauritius Armenia Moldova Azerbaijan Mongolia Bahamas Nigeria Barbados Philippines Belarus Poland² Belize Romania Brunei Russia Bulgaria Saint Kitts and Nevis China (including Macao and Hong Saint Lucia Kong)¹ Costa Rica Saint Vincent and the Grenadines Cyprus Seychelles Czech Republic Sierra Leone Dominica Singapore Fiji Slovakia Gambia Tajikistan Georgia Tanzania Ghana Tonga Grenada Trinidad and Tobago Guyana Tunisia Hungary Turkmenistan Jamaica Tuvalu Kazakhstan Ukraine Kiribati United Kingdom 3 Kuwait Uzbekistan Kyrgyzstan Zambia Zimbabwe 1 Notification is not mandatory in the case of persons who carry Republic of China passports issued by Taiwan. Such persons should be informed without delay that the nearest office of the Taipei Economic and Cultural Representative Office ( TECRO ), the unofficial entity representing Taiwan s interests in the United States, can be notified at their request. 2 Mandatory only for non-permanent residents in the United States (i.e., those not holding a green card ); for green card holders, notification is upon request. 3 UK includes Anguilla, British Virgin Islands, Bermuda, Montserrat, and the Turks and Caicos islands. Residents passports bear the name of their territory and may also bear the name United Kingdom. Whether or not the passport bears the name United Kingdom, consular services for these persons are provided by UK consulates. E-4

5 SOP Page5 CONSULAR NOTIFICATION OF ARREST OR DETENTION MANDATORY COUNTRY Was Consulate Notified? Yes No Because of your nationality, we are required to notify your country s consular representatives here in the United States that you have been arrested or detained. After your consular officials are notified, they may call or visit you. You are not required to accept their assistance, but they may be able to help you obtain legal counsel and may contact your family and visit you in detention, among other things. We will be notifying your country s consular officials as soon as possible. FAX form and place in inmate s file NON-MANDATORY COUNTRY Was Consulate Notifed? Yes No As a non-us citizen who is being arrested or detained, you are entitled to have us notify your country s consular representative here in the United States. A consular official from your country may be able to help you obtain legal counsel, and may contact your family and visit you in detention, among other things. If you want us to notify your country s consular officials, you can request this notification now, or at any time in the future. After your consular officials are notified, they may call you or visit you. Do you want us to notify your country s consular officials? I decline to have my country s consular office contacted. I want my country s consular office contacted. Place form in inmate s file with fax confirmation form (if available) To: Embassy of, Washington, DC Or Consulate of,, (Country) (City) (State) FAX NUMBER From: Las Vegas Metropolitan Police Department Clark County Detention Center Telephone: South Casino Center Blvd Fax: Las Vegas, Nevada Subject: NOTIFICATION OF ARREST/DETENTION OF A NATIONAL OF YOUR COUNTRY We arrested/detained the following foreign national, whom we understand to be a national of your country, on,. Mr./Ms.: Date of Birth: Place of Birth: Passport Number: Date of Passport Issuance: Place of Passport Issuance: To arrange for consular access, please call This line is available 24 hours a day. Please refer to Inmate ID# when you call. Comments: Date: Inmate Signature: Witness: E-5