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1 Gmail - Response to 6/27/13 Request for Open Public Records 1 of 2 5/8/ :30 AM John Paff <opengovtissues@gmail.com> Response to 6/27/13 Request for Open Public Records 1 message Rick Cuttrell <rcuttrell@neptunetownship.org> To: John Paff <paff@pobox.com>, mjahn@neptunetownship.org Tue, Jul 9, 2013 at 10:05 AM Mr. Paff, Please find attached three scanned documents that satisfy Item #1 in your request for documents. In regards to Item #2, there have no changes to these dcouments between October 8, 2011 and the present. Please confirm receipt of this and accompanying attachments. Rick Cuttrell Municipal Clerk Township of Neptune From: opengovtissues@gmail.com [mailto:opengovtissues@gmail.com] On Behalf Of John Paff Sent: Thursday, June 27, :41 PM To: mjahn@neptunetownship.org Cc: R-Cuttrell Subject: Letter to Neptune Township Committeewoman regarding Police IA exoneration June 27, 2013 Mary Beth Jahn, Committeewoman Township of Neptune 25 Neptune Blvd Neptune, NJ (via to mjahn@neptunetownship.org) RE: Neptune Police Department Internal Affairs Procedure Dear Committeewoman Jahn: I invite your attention to our blog entry entitled "CLOSED: Internal Affairs Complaint - Neptune Township" which is on-line here. As you will see, the blog post contains our Internal Affairs Complaint against Neptune Police Lieutenant Robert Mangold with a link to the Internal Affairs Unit's June 24, 2013 letter which exonerated Mangold. From a careful reading of the complaint, the court opinion upon which our complaint was based and the IA Unit's response, it appears that: a) Mangold directed a subordinate officer to conduct a warrantless strip-search of an arrestee; b) two courts, finding that the strip-search was illegal, suppressed the evidence that was the fruit of the search and c) neither Mangold's nor the subordinate officer's actions violated any departmental rules, procedures or other standard. While we appreciate the Police Department's responsiveness to our complaint, we can't help but be concerned that these officers could violate the constitution and N.J.S.A. 2A:161A-1 without running afoul of any departmental rules and regulations. This would suggest that police rules and regulations regarding warrantless searches would benefit from an immediate, top-to-bottom review and that provision be made for periodic reviews in the future. I write to you individually, so that I have a single point of contact with the Neptune Township Committee and I ask that you please correspond with me on this issue. If you view the other cases in our blog, you will see that Neptune's is not the only police department where violating a citizen's constitutional rights doesn't also violate a departmental policy. We believe that police departmental rules and regulations ought to consider any violation of the constitutional rights of a citizen as a per se offense. I have copied Township Clerk Richard Cuttrell on this correspondence both to keep him abreast of it and to submit the following OPRA request. Please accept this as my request for government records in accordance with the Open Public Records Act (OPRA) and the common law right of access. Please respond and send all responsive documents to me via at paff@pobox.com. If is not possible, please fax responses and responsive records to me at Also, I would appreciate it if you would acknowledge your receipt of this . Records Requested:

2 Gmail - Response to 6/27/13 Request for Open Public Records 2 of 2 5/8/ :30 AM 1. All policies police rules, regulations, standing operating procedures, directives or training that govern consent searches of motor vehicles, as those documents existed as of October 8, 2011, the date that Daniel Dolan was strip-searched. (I refer to the records that the Internal Affairs Unit reviewed when it determined that the Neptune officers did not commit any violation.) 2. The same records requested in #1 above, as they exist today, to the extent that they are different. Thank you for your attention to this matter. Very truly yours, John Paff, Chairman New Jersey Libertarian Party's Police Accountability Project P.O. Box 5424 Somerset, NJ Phone: Fax: paff@pobox.com cc. Richard Cuttrell via to rcuttrell@neptunetownship.org 3 attachments pdf 1824K pdf 285K pdf 461K

3 STRIP SEARCH Attorney General's Strip Search and Body Cavity Search Requirements and Procedures for Police Officers Issued February 1993 Revised June 1995 TO: ALL COUNTY PROSECUTORS DATE: February 3, 1993 Enclosed for dissemination to all county and local law enforcement agencies within your jurisdiction are the Attorney General's Strip Search and Body Cavity Search Requirements and Procedures for Police Officers. These guidelines are being promulgated pursuant to N.J.S.A. 2A:161A-8b, which authorizes the Attorney General to issue guidelines governing the performance of strip and body cavity searches, as well as guidelines for the release and confinement of persons arrested for offenses other than crimes. While the statute addresses non-indictable offenses, the Attorney General's guidelines cover strip search and body cavity search procedures for crimes as well. The enclosed guidelines are effective immediately. Robert T. Winter Director Division of Criminal Justice (7/95)

4 Strip Search and Body Cavity Search Requirements and Procedures Attorney General's Strip Search and Body Cavity Search Requirements and Procedures for Police Officers N.J.S.A. 2A:161A-1 et seq. Definitions A. Strip Search 1. Removal or rearrangement of clothing to permit visual inspection of a person's a. undergarments b. buttocks c. anus d. genitals e. breasts 2. The following does not constitute a strip search: B. Body Cavity Search a. removal or rearranging of clothing reasonably required to render medical treatment or assistance, or b. removal of articles of outer clothing, such as coats, ties, belts or shoelaces. 1. Visual inspection or manual search of a person's a. anal cavity b. vaginal cavity II. Search Requirements A. Detention or arrest without custodial confinement 1. Strip Search a. NO exigent circumstances: (1) Search warrant or consent, and (2) Authorized by officer in charge of the station house. b. Exigent circumstances: (7/95)

5 Strip Search and Body Cavity Search Requirements and Procedures (1) Probable cause to believe that the person is concealing a weapon, contraband or evidence of crime, and (2) Exigent circumstances prevent obtaining a search warrant or approval of officer in charge. 2. Body cavity search is not appropriate without custodial confinement B. Custodial Confinement 1. Strip Search a. Officer in charge authorizes confinement in municipal detention facility or transfer to adult correctional facility, and b. Officer in charge authorizes search, and c. One of the following: (1) Search warrant, or (2) Consent, or 2. Body Cavity Search (3) Reasonable suspicion to believe that the person is concealing a weapon, contraband or Controlled Dangerous Substances. a. Officer in charge authorizes confinement in municipal detention facility or transfer to adult correctional facility, and b. Officer in charge authorizes search, and c. One of the following: (1) Search warrant, or (2) Consent III. Procedures A. Strip Search 1. Conducted by person of same sex, and 2. Conducted in private, and 3. Conducted under sanitary conditions, and (7/95)

6 Strip Search and Body Cavity Search Requirements and Procedures 4. Conducted in a professional and dignified manner, and 5. In custodial confinement, conducted in accordance with Department of Corrections regulations B. Body Cavity Search 1. Conducted by licensed physician or registered nurse of same sex, and 2. Conducted in private, and 3. Conducted in a medically acceptable manner and environment, and 4. Conducted under sanitary conditions, and 5. Conducted in accordance with Department of Corrections regulations. IV. Reporting Requirements A. Officer who performs strip search or has body cavity search conducted must report the reason for this search on the record of arrest. The report must include: 1. A statement of facts indicating the reasonable suspicion or probable cause for the search. 2. A copy of the search warrant, if appropriate. 3. A copy of the consent form, if -appropriate. 4. The name of the officer in charge who authorized the search. 5. The names of the persons conducting the search. 6. An inventory of any items found during the search. B. If exigent circumstances were the basis for the search, the officer who conducted the strip search must file a separate written report stating the reasons for the immediate search. V. Requirements and Procedures for Officer in Charge of Station House A. The arrested person should be processed in accordance with R. 3:4-1, a summary of this court rule is attached, and, if applicable, with standard operating procedure adopted by the county prosecutor. (7/95)

7 Strip Search and Body Cavity Search Requirements and Procedures B. Where appropriate, a person arrested in accordance with R. 3:4-1 shall be released or have bail set without unnecessary delay but in no event later than 12 hours after arrest. C. Unless authorized by search warrant or consent, a strip search should not be conducted if the arrested person will be released without custodial confinement or will soon be released on bail or own recognizance. D. The officer in charge shall assure that a consent to a strip search or body cavity search is in writing whenever possible. E. The officer in charge shall assure that all strip searches and body cavity searches are conducted in private and that these searches cannot be observed by persons not physically conducting the search. F. When a body cavity search is conducted, the officer in charge shall request a sworn statement from the licensed physician or registered nurse who conducted the search stating that the body cavity search was conducted pursuant to statutory and medical requirements. G. All reports pertaining to strip searches or body cavity searches are not public records. These reports shall be made available, upon request, only to the person searched, the county prosecutor, the Attorney General or the Commissioner of the Department of Corrections. VI. Procedure For The Processing of Suspects Arrested Without a Warrant A. Always consult with county prosecutor for local procedures B. A Summary of New Jersey Court Rule 3: A person arrested without a warrant for any offense shall be taken to the police station where a complaint shall be prepared forthwith. 2. A person arrested without a warrant for one of the following criminal offenses: murder, kidnapping, aggravated manslaughter, manslaughter, robbery, aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact, second degree aggravated assault, aggravated arson, arson, burglary, violations of Chapter 35 of Title 2C that constitute first or second degree crimes, any crime involving the possession or use of a firearm, or conspiracies or attempts to commit such crimes, shall be taken to a police station. The police officer shall comply with the criteria of Paragraph 5 below. 3. A person arrested without a warrant for an offense not listed in Paragraph 2 above, shall be taken to the police station where the (7/95)

8 Strip Search and Body Cavity Search Requirements and Procedures officer in charge shall: a. Complete all post-arrest identification procedures required by law; b. Prepare a complaint-summons (CDR-1); c. Issue the complaint-summons to the person arrested, and d. Release the arrested person in lieu of continued detention. 4. The officer in charge has discretion not to prepare a complaint summons if the officer determines that any of the following conditions exist: a. The person has previously failed to respond to a summons; b. The officer has reason to believe that the person is dangerous to himself, to others or to property; c. There is one or more outstanding arrest warrants for the person; d. The prosecution of the offense or offenses for which the person is arrested or the prosecution of any other offense of offenses would be jeopardized by the immediate release of the person; e. The person cannot be satisfactorily identified; or f. The officer has reason to believe the person will not appear in response to a summons. 5. If the officer determines that one of the conditions in Paragraph 2 or 4 above applies, the officer shall: a. Immediately prepare a complaint-warrant (CDR-2), and b. Take the person arrested without unnecessary delay before the nearest available committing judge to have bail set. Bail shall be set no later than 12 hours after the arrest. c. The officer shall present the matter to the appropriate judicial officer authorized to set bail who shall determine whether there is probable cause to believe that the defendant committed the offense. (7/95)

9 NEPTUNE TOWNSHIP POLICE DEPARTMENT OPERATIONAL INSTRUCTION SUBJECT: Vehicle, Bicycle and Pedestrian Stops REFER TO: MEMO DATE OF ISSUE: DECEMBER 1, 1999 REVISION DATE: July 1, 2002 POLICY NUMBER: SUPERCEDES: MEMO I. AUTHORITY: To improve the professional handling of this routine police procedure this operational instruction has been issued and will be enforced pursuant to the authority of the Chief of Police. II. INTRODUCTION: Surveys have shown that many average citizens' form their opinions of police officers and their agency based on the conduct they encounter during routine motor vehicle or pedestrian stops. The front of the New Jersey Motor vehicle Summons book has basic instructions for officers to follow on routine motor vehicle stops. On March 17, 1999 a directive was issued by Deputy Chief Howard O'Neil on behalf of Chief James Ward establishing guidelines for officers in conducting motor vehicle stops. This directive mandated that all stops are to be recorded as an official police action and documented on a minimum of a dispatch card. As a result of this pilot project the following instruction has been issued. III. STOP INSTRUCTION: Status based enforcement of any kind will not be tolerated. 1

10 All motor vehicle and pedestrian stops will be based on the reasonable articulable suspicion or probable cause, taking into account the totality of circumstances. Prior to the stop, dispatch will be immediately notified of: The stop location, The registration of the stopped vehicle, Any other information necessary. If the patrol vehicle is equipped with MVR equipment, the stop will be audio/video recorded. The officer will communicate in a professional manner the reason for the stop and the request for credentials. The officer will gather and record on the appropriate report the following information: The reason for the stop. The name of the driver/pedestrian. The address of the driver/pedestrian. The age, gender, and race of the driver/pedestrian. The summons # or is a warning was issued. The card will be coded MV8 for vehicle stop and PS1 for pedestrian stop. Bicycle stops will be handled as vehicles. These standards do not preclude an officer from conducting community oriented policing activities, such as routine citizen contacts or other non-investigatory police contacts. 2

11 IV. SEARCH INSTRUCTION: The officer may request consent to search a motor vehicle after an otherwise legal stop only when the officer has a reasonable articulable suspicion to believe that the motorist or a passenger has engaged in, or is about to engage in, criminal activity. The foundation for the search, area searched and results will be documented on a minimum of an operations report. The request, consent and subsequent search should, where practical, be audio/video recorded. If the stop results in a criminal charge the above information shall be included in the appropriate police investigation report. 3

12 CONSENT TO SEARCH, hereby authorize a search of: a. My residence or other premises/structure located at b. A motor vehicle which is specifically described as c. Other (Specifically describe item(s) to be searched) I have been advised of and understand the following: 1) I have the right to refuse to allow police to conduct the search. 2) I have the right to revoke my consent to search at any time and may stop the search at any time. 3) I have the right to be present while the search is conducted. I WAIVE DO NOT WAIVE this right (Circle One ) I authorize the police officers to remove and retain any items of evidential value which they consider pertinent to their investigation. I understand that I will be given a receipt for anything which is taken as evidence by the police. I have given this permission voluntarily of my own free will without coercion, fear or threat. Signature Date Time Witnesses Date Time Date Time

13 NEPTUNE TOWNSHIP POLICE DEPARTMENT OPERATIONAL INSTRUCTION SUBJECT: DATE OF ISSUE: POLICY NUMBER: Prisoner Holding Procedures June 1, REFER TO: REVISION DATE: SUPERCEDES: NJ Admin. Code, Chapter 34 Atty. Generals & M.C.P.O. Guidelines For Strip Search & Body Cavity Search. Sept. 15, Policy & Prior January 26, PURPOSE The following operational instruction has been written as a guide for the intake of people who are arrested, taken into custody, or detained and are to be secured at the Neptune Township Police Department. 2. DISCUSSION The health and safety of persons detained in the Neptune Township Detention Facility is regulated by the Department of Corrections under the Minimum Standards for New Jersey Municipal Detention Facilities, 10A: Adequate procedures are necessary to protect not only the detainee, but officers and staff as well. All police officers should know the following operational instruction and are advised to familiarize themselves with each new revision so that their duties can be carried out properly. 3. POLICY Upon arresting, detaining or taking into custody any detainee, suspect or material witness, the officer must follow each of the following steps without exception. It is the responsibility of each police officer, special officer, jailor, communications operator and civilian employee, who directly or indirectly takes part in the detention process of a person, to carry out this policy completely. All possibilities of potential injuries or civil action must be prevented. All previous detention procedures and operational instructions are hereby rescinded. 1

14 4. PROCEDURES LIST *DEFINITIONS *PRISONER RECEPTION *PRISONER CLASSIFICATION *PRISONER DETENTION *DETENTION INSPECTION *PRISONER RELEASE II III IV V VI I. DEFINITIONS AG: New Jersey Attorney General A.I.D.S.: Acquired immune deficiency syndrome, a deadly contagious disease. Booking Officer: The officer responsible for processing a detainee. Canine Search: All detainees and their possessions and all municipal detention facilities, areas, objects and properties may be subject to searches by canine team(s), specially trained to discover and indicate to the handler(s) the presence of various substances and materials. (10A: ) CCTV: Closed circuit television Cells: The individual pods secured by sliding bars that temporarily secure a prisoner. The cells contain a toilet, sink and bunk. Cellblock: The individual cells including the walkway leading to the cells. Contraband: Items that not permitted within a holding facility because of their illegality or possible use to disrupt security measures within the facility. Correctional Facility: (County jail, prison) A confinement facility for suspects, arrestees and material witnesses who are being held temporarily or serving a court ordered sentence. Detainee: (prisoner, arrestee) All arrested or detained defendants, suspects or material witnesses. Detention Facility: (jail, holding facility) A temporary confinement facility for suspects, arrestees and material witnesses being held up to 72 hours. 2

15 Jailor: An employee assigned to monitor and document detainees while in the Neptune Township Municipal Jail. J.S.U.M.C.: (hospital) Jersey Shore University Medical Center M.C.C.I.: Monmouth County Correctional Institution, Freehold, NJ M.O.N.O.C.: (paramedics) Monmouth-Ocean Hospital Service Corp. O.I.C.: The senior supervisor in charge of headquarters for the current patrol shift (shift commander). In the absence of a supervisor, the O.I.C. will be at the designation of the Chief of Police, Deputy Chief of Police or Captain of Police. Panic Buttons: Wall plates with a push button that activate an alarm at the communications center. The devices are located in the sallyport, prisoner hallway, booking area and cellblocks. "Pat Search": For purposes of this policy, "pat search" refers to a thorough search of a fully-clothed detainee, including the clothing and personal property in the detainee's possession. Process: (booking) The procedure used to identify detainees, consisting of fingerprints, photographs, collecting personal history, and inventorying and storing personal property, etc. Restraining device: The equipment that is used to restrain the movement of the prisoner, such as handcuffs, waist chains, restraining belts and ankle chains. Sallyport: The garage area for vehicles and prisoner initial reception. The sallyport is a controlled area with video monitoring and panic buttons. SPEN: Statewide Police Emergency Network Strip Search: Means of removal or rearrangement of clothing and the visual inspection of the person's undergarments, buttocks, anus, genitals or breasts. Transporting Officer: A Police Officer who is responsible for transporting a detainee from one facility to another. Transport vehicle: A police vehicle used for transporting a detainee from one place to another.

16 II. PRISONER RECEPTION A. PRISONER ENTRY 1. Officers will advise Neptune Township communications when arriving at headquarters with a prisoner, and if necessary, request a backup before removing any prisoner from a vehicle when the prisoner is resisting or combative in nature. Prisoners will be brought into headquarters through the south sallyport and both overhead doors will be lowered prior to escorting a detainee out of the vehicle. Departure will be through the north door. Officers will secure their weapon in the weapons storage vault located in the sallyport prior to escorting the prisoner into the prisoner/booking hallway. No weapons are permitted in the booking area, including the arresting officer, booking officer and jailor. Prisoners will be escorted through the booking hallway door and to the booking counter. Civilian employees will not be permitted in the booking area when a prisoner is present. Police Officers not assisting with the arrest shall refrain from entering the booking area during the booking process. If it becomes necessary for a police officer to pass through the booking area, he/she will secure their weapon in one of the provided gun vaults. Communications Operators shall monitor the progress via CCTV. When additional sworn personnel are available in headquarters, (i.e. Police Officer, Sergeant, Detective) they shall be assigned as a backup officer during this initial phase until the prisoner is searched, processed and secured in the cellblock. At least two officers must be present in the cellblock while the prisoner/detainee is unsecured. If sudden assistance with the detainee is required, the officer(s) will push one of the wall panic buttons and/or radio to summon assistance. Upon receipt of the alarm, -4

17 communications will immediately dispatch assistance and notify the O.I.C. 2. Arresting/booking officer(s) will thoroughly "pat search" (as defined in 10A:34-3.3) the prisoner and remove all contraband, evidence and identification. The prisoner(s) will remain handcuffed during the search. After a thorough search, the provided metal detectors and/or scanning device will be utilized to complete a secondary search or scan. Searches of detainees, areas and objects by the use of scanning or testing devices may be done routinely and randomly where necessary for security purposes. Scanning or testing devices may be, but are not limited to, a walk through device or handheld device. (10A:34-3.9) Strip searches shall be carried out only in accordance with the Monmouth County Prosecutor's Office, New Jersey Attorney General Guidelines and 10A: through 10A: Canine searches will be conducted in accordance with 10A: as determined to be necessary. All property held by the prisoner will be examined to properly identify him/her. All evidence held by the prisoner will be seized, recorded, tagged and turned in according to the arresting Departments protocol. Contraband may consist of the following: - Any item, article or material which is not authorized for retention or receipt found in the possession of, or under the control of a person who has been detained, arrested or lawfully confined; and/or - Any article that may be harmful or presents a threat to the security and orderly operation of a municipal detention facility. Items of contraband shall include, but shall not be limited to: Guns and firearms of any type

18 Ammunition Explosives Knives, tools and other implements not provided in accordance with municipal detention facility regulations Hazardous or poisonous chemicals and gasses Unauthorized drugs and medications Medicines dispensed or approved by the municipal detention facility, but not consumed or utilized in the manner prescribed Intoxicants, including, but not limited to, liquor or alcoholic beverages Where prohibited, currency and stamps Electronic communication devices All property unlawfully carried All evidence connected with the commission of a crime or believed to be associated with the commission of the crime All of the prisoner's personal property shall be removed and inventoried. - Jewelry, money, reading material, rope, string, shoelaces, belts, eyeglasses, and any type of paper or plastic cup or other type of container - All items which could create a fire hazard including matches, lighters, cigarettes and aerosols. - Property which could be used to jam the cell door locks. (i.e. matches, ink pen, pencil, gum and electronic devices) - All other property unlawfully carried, which is considered dangerous to life or which could be used to facilitate an escape or be used to damage Township property. ***Attention will be given to belts, shoe strings and any other clothing that can be used by the detainee to do harm to themselves.*** All property taken from the prisoner will be listed on the RECIPT FOR PERSONAL PROPERTY form and endorsed by the prisoner and arresting officer or designee. If the prisoner refuses to endorse the prisoner property form, the officer will note "refused to sign" on the signature line. 6

19 - No prisoner property shall be released without first checking with the investigating officer or detective to determine if it is of evidential value or being held for forfeiture purposes. The prisoner will be logged into the master log in the booking area. The Neptune Township O.I.C. and communications operators will be informed of detainee's placement. A CELLBLOCK SCREENING AND PRISONER/DETAINEE TIME CHECK REPORT will be completed and turned over to the jailor. In the absence of a jailor, the forms will be turned over to the O.I.C. ***The O.I.C. will be advised of any affirmative "yes" screening answer on the cellblock screening and prisoner check sheet.*** 3. Prisoner(s) will remain in the booking area until they are processed as per standard operating instructions. 4. Prisoners will be placed into a cell. Female prisoners will be placed into a cell in the female cellblock. Male prisoners will be placed into a cell in the male cellblock. The arresting officer and/or jailor will confirm that the prisoner has been properly logged in the master log and a CELLBLOCK AND PRISONER TIME CHECK REPORT has been completed. The arresting officer and/or jailor shall confirm with the O.I.C. and communications operators the placement of the prisoner. 5. Immediate medical attention will be sought for any prisoner who appears ill or injured or reports being ill or injured. The O.I.C. shall be immediately notified of the illness or injury. A prisoner with a minor illness or injury will be transported to J.S.U.M.C. by two officers from the arresting agency for evaluation and treatment. Officers will remain with the prisoner during the entire process. A prisoner with a major illness or injury will be transported to J.S.U.M.C. by the First Aid Squad and paramedics (M.O.N.O.C.) requested as required by established 7

20 protocol. Two officers will be assigned to remain with the First Aid Squad during treatment and transportation to J.S.U.M.C. The (two) officers will remain with the detainee during treatment at J.S.U.M.C. The prisoner will remain secured/handcuffed unless medical intervention requires otherwise. Extreme caution shall be exercised if the prisoner is unsecured for this purpose. If the prisoner is admitted to J.S.U.M.C, the O.I.C. is to be immediately notified. The O.I.C. will make the proper notifications and arrangements for continued security. If a prisoner requires medication, (prescription or nonprescription) it shall be administered only by a licensed physician. Police officers, jailors, communications operators or other personnel are not permitted to provide a prisoner with an over the counter or prescription legend drug. A prisoner requiring immediate medication will be transported to J.S.U.M.C. Any required medication and related documentation logged as personal property shall be transported to J.S.U.M.C. with the prisoner. A police report will be filed for any event as outlined in the above. Date and specific times shall be indicated in the report. The O.I.C. shall determine the proper report. ***The arresting agency officer(s) will not leave the Neptune Township Municipal Jail until the detainee has been properly identified, thoroughly searched, medically cleared and all required forms completed. The Neptune Township Police O.I.C. shall verify that there is legal justification for the detention and booking of the defendant. *** B. KEY CONTROL 1. The primary cell keys (male/female) will be mounted in the key cabinet in the booking area. 2. Duplicate cell keys (male/female) and an emergency knife for cutting ligatures will be stored in the key cabinet within the booking area. 3. The cell doors will remain in an open and unlocked position when no detainees are present. 8

21 C. PRISONER PRIVILEGES 1. Telephone Calls 2. Visitation Prisoners may make local telephone calls or "collect" long distance calls with the approval of the arresting authority, for the purpose of, but not limited to, notifying relatives, obtaining legal representation or posting bail. The telephone call will be made from the cellblock telephone in full view and control of the arresting officer. A second (back-up) officer will be present during the telephone call in the cellblock. The prisoner will remain handcuffed while in the cellblock making the telephone calls. Prisoners shall not be allowed to use any portable or mobile telephone device to make these calls, including the detainee's own property. No open access visits are permitted. Detainees will be allowed to discuss their case with an attorney privately, but the prisoner will be in view of the officer at all times. The officer should be out of hearing range of the detainee/attorney discussion and no attempt should be made to overhear any such conversations. The attorney shall leave his/her name and it will be logged into the prisoner cell. check sheet. The attorney will be permitted to enter the cellblock with a pad and writing instrument, however briefcases or backpacks of any type will not be permitted. The arresting authority shall be advised and must approve of any such visitation requests. Family/friends visits shall occur when the detainee is either released or transferred to another facility. 3. Receiving Property Prisoners are not allowed to receive any items from outsiders including prescription medications. Such medications can only be forwarded to and administered by a licensed physician. 9

22 D. BOOKING 1. All prisoners arrested should be processed without unnecessary delay. 2. Arrest reports will be completed by the booking officer for all persons arrested or taken into custody and transported to the Neptune Township Municipal Jail. It is the responsibility of the Neptune Township Police Department Jailor to maintain a record of all detainees, even if the arrested person will be turned over to another jurisdiction for disposition of charges. 3. Finger prints and photographs will be taken of all persons: Charged with an indictable offense Charged with an offense relating to narcotics or dangerous drugs (including paraphernalia) Charged with shoplifting or prostitution Charged with a domestic violence offense Charged with a non-indictable offense where the identity of the suspect is in question All detainees will be processed under the arresting agency's ORI number. Neptune ID numbers will be issued to each detainee. 4. Failure of officer to take fingerprints Violations of statutory duties are acts of nonfeasance and malfeasance [State v. McBovern, 136, NJL, 115, 54 A.2d 812] (1947) 5. Failure of a prisoner to submit to fingerprinting/processing Additional charge for failure to submit fingerprints (N.J.S.A.) 53:1-15

23 6. Photographs Photographs will be taken of all detainees who are transported to headquarters under custodial arrest, not covered under the aforementioned, section 3. - If only a photograph is taken, a Neptune Township ID number will be assigned and the letter "P" noted next to the log entry in the processing record book. ***NOTE: JUVENILE INSTRUCTION*** OFFENDERS - REFER TO JUVENILE OPERATIONAL E. BAIL F. COURT 1. The prisoner may make an informational telephone call to obtain listings for bail bondsman. 2. No officer or police employee will make any phone calls, carry any money, make any arrangements or participate in any fashion to obtain bail for any detainee 1. Two officers will be assigned to move a prisoner or prisoners to/from Municipal Court. Two officers will remain in the courtroom when prisoner(s) are present. Additional officers will be assigned as determined by the shift commander. 2. Officers must keep the prisoners in constant view and control whenever the prisoner is removed from his/her cell for court. 3. Prisoners will be handcuffed when taken into the Neptune Township Municipal Court for arraignment, trial or hearing. 4. The prisoner(s) will not engage in any conversation with anyone from the public in the court room. 5. Prisoners returning to their cells from court will be searched again before being placed back into their cells.

24 G. INTERVIEW/INTERROGATION 1. Any prisoner removed from the cells for the purpose of an interview or interrogation will be handcuffed and remain handcuffed. A prisoner may be released from handcuffs or handcuffed in the front at the discretion of the officer/detective to facilitate the signing of required forms or video recordings. 2. A prisoner removed from the cell for the purpose of an interview or interrogation will be searched immediately upon removal. 3. Prisoners being returned to their cells from an interview or interrogation will be searched again before being placed back in the cell. 4. Notations will be made on the prisoner check sheet to indicate the prisoner was removed or returned and the reason for such. The time period and location of the prisoner will be noted. 5. Any changes in the prisoner's physical or mental condition shall be noted and immediately reported to the O.I.C. III. PRISONER CLASSIFICATION A. ADULTS 1. Male 2. Female All males who are arrested, detained or taken into custody as a defendant, suspect or material witness, will be handled according to the procedures as set forth in this policy. Police officers are prohibited from searching members of the opposite sex unless in a case where there is reason to believe that the detainee is armed and poses an immediate danger and no officer who is the same sex as the detainee is present. Only female police officers or qualified matrons will conduct a normal police search of a female. The search will

25 take place out of view of the opposite sex and in a secure area. During the search the shift commander shall ensure the safety of the officer/matron by providing assistance or a backup plan. Females will be detained in the female jail cellblock and not placed in a male cellblock. The female cellblock will be monitored from communications by CCTV and audio turned on. The female detainee will be removed or transferred as quickly as possible to another facility and should not be kept overnight. B. JUVENILES (see juvenile operational instruction) C. LODGERS No lodgers will be permitted in the jail cells due to the possibility of Civil law suits. Instead, they will be referred to the proper social agency for assistance. D. TRIAL DETAINEES 1. Prisoners who are in the custody of a County jail or other County or State correctional facilities, and are awaiting immediate arraignment or trial before the Neptune Township Municipal Court, may be held in the Neptune Township jail on approval of the O.I.C. 2. Since these prisoners are already in custody, they may be held providing the Prisoner Log and Prisoner Check sheets are completed. 3. Prisoners under this category should be returned to the originating correctional facility promptly.

26 E. OTHER AGENCY DETAINEES 1. The O.I.C., under emergency conditions, may give other law enforcement agencies permission to temporarily house a prisoner or prisoners in our cells. This accepted practice by the Neptune Township Police Department comes with risks. In order to better manage those risks, the following guidelines are necessary: F. SPECIAL CASES The O.I.C. will be notified immediately. The O.I.C. will review the circumstances of the arrest and the specific request to detain in our cellblock. The O.I.C. will confirm that all legal requirements of the arrest and custodial detention have been met. The appropriate search will be conducted according to AG policy. Any determination that the subject is "high risk" may make the detention inappropriate. When a detainee is held for an agency other than an agency covered under a shared services agreement, the O.I.C. will have a case number generated under CFS code PA3 and document the facts of the situation in the appropriate police report. All prisoner handling forms and procedures under this policy will be adhered to. The prisoner property sheet, prisoner check sheet and logbook will be completed with the ARRESTING DEPARTMENT and that agency's case number on all forms. 1. Persons suspected of being under the influence of drugs, alcohol or suspected of being mentally unstable. Arresting-booking officer(s) will evaluate detainees at admission and make a determination based on their training, experience and personal observations as to the demeanor of the prisoner. Based on the demeanor, with consideration for the health and safety of the prisoner, the arresting-booking officer(s) shall do the following. Notify the O.I.C

27 IV. PRISONER DETENTION A. AUTHORIZED PERSONS - Place an officer in the cellblock to watch him/her with face to face observation. - Transport the prisoner immediately to J.S.U.M.C. for evaluation and treatment. 1. Only persons authorized by the O.I.C. are allowed entry to the booking and cellblock areas. B. WEAPONS 1. Weapons are prohibited in the booking and cellblock areas. C. JAIL DUTY 1. No prisoner will be kept in a cell unless a police officer or jailor is present in police headquarters at ALL times. The police officer will not remove a prisoner from any cell unless additional officers are present in the cellblock. 2. The jailor will be assigned the task of checking on the prisoner and completing the Prisoner Check sheet at the proper intervals. 3. Prisoners will be physically checked at least every thirty minutes in a random manner. 4. Entries will be made on the Prisoner Check sheet in pen by the jailor (or the O.I.C. in the absence of a jailor) making the inspection. Entries are to be legible and specific in indicating the condition of the detainee. The badge number and signature of the officer will be noted on the check sheet. The proper case number shall be noted on each Prisoner Check sheet and any supplemental pages. 5. The O.I.C. will ensure that the jail duty responsibilities and documentation are properly carried out. The O.I.C. or his designee shall inspect all logs and check sheets prior to completing the shift. The O.I.C. or his designee shall inspect the booking and cellblock areas prior to the start of the shift and upon completion of the shift.

28 6. Closer surveillance, which includes checks at least every fifteen (15) minutes, shall be conducted for detainees who are security or suicidal risks, or who are demonstrating unusual or bizarre behavior and/or signs of mental illness. D. COMMUNICATIONS E. FOOD 1. The communications operators and jailor will turn on the CCTV and it shall remain activated at all times while a detainee is present in either the booking or cellblock areas. If the CCTV is malfunctioning, personnel will be assigned to the cellblock for continuous face to face monitoring of the detainees. 2. The communications operators and jailor will turn on the audio receiver for the cellblock and keep the volume at an adequate level at all times when a detainee is present. 3. The communications operators and jailor will observe the prisoner on CCTV for signs of abnormal behavior such as damaging property, signs of illness or injury, lack of movement or anything else which might indicate injury. 4. Apparent attempt to escape or attempts to commit suicide are to be reported immediately to the O.I.C. and the Chief of Police or his designee. 5. The CCTV shall not be used as a substitute for physical cell checks. 1. Whenever a prisoner is detained beyond the normally accepted meal times, a standard prisoner meal will be provided. 2. Food will be obtained from one of the selected businesses that the Township has an account with. 3. No hot beverages will be provided to the prisoner. 4. All leftover food, food wrappers and beverage containers must be removed immediately after consumption by the prisoner. 5. The prisoner will be allowed a reasonable amount of time to consume his/her food prior to removing any unconsumed food.

29 F. VISITS 1. The Federal Bureau of Investigation, State Police, County Detectives and other police agencies who wish to interview a prisoner outside of the cell may do so with the approval of the O.I.C. 2. Attorneys, public defenders, social workers, etc. who wish to interview the prisoner may do so in the cellblock with the cell doors secured at all times and with the approval of the O.I.C. An officer will observe the interview at all times, but out of hearing range. G. MEDICAL ATTENTION H. FIRE PLAN (Refer to section VI A. 6, a, b, c, of this policy) 1. In the event of a fire in the police building: The O.I.C. will be notified immediately. The communications operator will immediately notify the Neptune Fire Department. The O.I.C. will advise communications if all available officers are to respond to headquarters to assist with evacuation. Prisoners will be removed from the cells, placed under constant surveillance, properly handcuffed, secured and placed at a safe distance from the scene in police vehicles with cages and/or the prisoner van. All prisoners will be accounted for at all times and one officer will be assigned as an accountability officer to track the placement of all prisoners and ensure proper security and safety at all times. When evacuating prisoners from the cells, the primary emergency exit will be through the prisoner entrance/exit

30 door leading into the sallyport. An alternate exit will be used if the fire or emergency is in that area of the building. In the event that a prisoner is in court, he/she will be escorted out of the courtroom to safety where the other evacuated prisoners are detained. In the event of an extended emergency or if the situation dictates, arrangements will be made to house the prisoners in a local police department's cells or the Monmouth County Correctional Institution. I. ESCAPE PLAN 1. In the event of an escape attempt: The O.I.C. will be notified immediately. Communications will be notified immediately. No unauthorized person(s) will be allowed to enter or exit police headquarters. All operations will be coordinated by the O.I.C. A perimeter will be established around the building until the emergency ends. Additional appropriate criminal charges will be added as the circumstances dictates. 2. In the event a hostage is taken: The O.I.C. will be notified immediately. At the discretion of the O.I.C., all patrol officers will be notified. No unauthorized person(s) will be allowed to enter or exit police headquarters. The "Hostage and Barricade Situations" operational instruction will be followed.

31 3. In the event an escape occurs: The O.I.C. will be notified immediately. All patrol officers will be notified immediately. No unauthorized person(s) will be allowed to enter or exit police headquarters. A perimeter will be established around the building until the emergency ends. The origin of escape will be preserved for evidence/processing. The last known location of the prisoner will be secured for evidence and K-9 scent purposes. A K-9 unit will be notified for tracking from the last known location of the prisoner. A radio broadcast will be dispatched to: Monmouth County Police Radio M.O.C.I.B. fugitive search plan will be activated. S.P.E.N. Surrounding police departments. A coordinated search will commence starting with the police building. J. JAIL PROPERTY AND LIGHTING 1. Blankets Disposable blankets will be issued to prisoners at the discretion of the O.I.C. The blanket will be disposed of after each use.

32 2. Lighting K. SMOKING Full lighting will remain on continually in the cellblock when they are occupied by a prisoner. Any lights that are out will immediately be reported to municipal maintenance for immediate replacement. 1. Prisoners are prohibited from smoking at any time while in police custody. 2. Prisoners are prohibited from chewing gum, candy, tobacco, snuff, etc., while in police custody. L. SUICIDE M. DEATH 1. In the event of an attempted suicide, all possible means should be utilized to administer first aid and seek medical attention for the prisoner. 2. A special knife will be available in the booking area key cabinet office for cutting ligatures. 3. If the arresting agency is part of the shared services agreement, they will be notified of the incident and a response to the Neptune Township Municipal Jail will be required. 4. The prisoner who has attempted suicide will be transported to J.S.U.M.C. for evaluation/treatment and/or the Monmouth County Correctional Institution. 5. An investigation will commence into the suicide attempt and the scene will be documented. 6. In the event of a serious self inflicted injury, the Monmouth County Prosecutor's office will be notified immediately. 1. In the event of a prisoner death, the following personnel will be notified as soon as possible: The O.I.C.

33 The Chief of Police, Deputy Chief of Police and Captains The officer/detective designated to investigate the death The Monmouth County Prosecutor's Office The Monmouth County Medical Examiner The arresting agency 2. All prisoner deaths will be reported according to [10A:34-4.4]. V. DETENTION INSPECTION A. CLEANING Upon the death of a detainee, notification shall be given by the Chief of Police or designee to the Bureau of County Services and the Department of Corrections within three (3) working days. Following this notification and within two (2) weeks, a written report shall be submitted by the Chief of Police or designee to the Bureau of County Services and the Department of Corrections. This report shall contain, at minimum, the following information: - Detainee's name, age and sex - Date and time of admission into the cell - Reason for placement in the cell - Logbook entries noting the times of each physical check - Circumstances surrounding the death 1. The cells, cellblock hallway and booking area will be cleaned daily. The maintenance department shall clean the cells according to posted instructions with an approved decontamination solution and sign the proper documentation. The cells, cellblock hallway and booking area will be decontaminated every day, seven (7) days a week.

34 The O.I.C. of the 11P-7A shift will check the log each night to confirm that the decontamination was completed during the previous 24 hours. The cellblock area will be treated monthly by ALLIANCE COMMERICAL PEST CONTROL, INC., for general pest control. 2. Cell(s) used by a prisoner suspected of having a communicable disease or cell(s) in which the prisoner vomits, urinates, defecates or excretes any body fluid will be decontaminated by the maintenance department by spraying an approved decontamination solution and then thoroughly flushing the area. All staff will take universal precautions during the decontamination process. B. INSPECTION Cell(s) will be placed off limits until the decontamination process is completed. All disposable blankets will be removed, placed in a plastic bag and discarded in a dumpster. 1. Immediate Inspection The jail cells will be inspected by the arresting-booking officer(s) and/or jailor immediately prior to placing a prisoner into them. 2. Daily Inspection The jail cells, cellblock corridor, booking desk, prisoner property area and sallyport will be inspected daily by the 7A-3P shift. The O.I.C. or his/her designee will complete the inspection and the DAILY CELL BLOCK SECURITY INSPECTION. The NTPD CELL BLOCK MAINTENANCE AND CLEANING LOG will be completed by the maintenance staff. The forms will be forwarded to the operations division for review and filing.