VANCOUVER POLICE DEPARTMENT PLANNING, RESEARCH & AUDIT SECTION

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1 VANCOUVER POLICE DEPARTMENT PLANNING, RESEARCH & AUDIT SECTION ADMINISTRATIVE REPORT REPORT DATE: April 22, 2010 BOARD MEETING: June 16, 2010 BOARD REPORT # 1035 Regular TO: FROM: SUBJECT: Vancouver Police Board Jim Chu, Chief Constable Amendment to Regulations and Procedures Manual Section Arrest of an Injured Person RECOMMENDATION(S): It is recommended that the Vancouver Police Board approve: POLICY: 1. Proposed amendments to Regulations and Procedures Manual Section Arrest of an Injured Person; and 2. This file be concluded. THAT, the Vancouver Police Board approve the amendments to the Regulations and Procedures Manual pursuant to Section 28 of the Police Act. PURPOSE: THAT, the following amendments to the Regulations and Procedures Manual be submitted to the Vancouver Police Board for their consideration and approval, and subsequent forwarding to Police Services as required by Section 28 of the Police Act. BACKGROUND: In December 2007, Daniel Serbeh, a 26 year-old male, died while in-custody at the Vancouver Jail. Mr. Serbeh died of cocaine intoxication as the result of swallowing unknown quantities of the drug prior to his arrest. A subsequent Coroner s Inquest into his death deemed it accidental. However, the inquest made three recommendations relevant to the Department. They were: 1. to post warning signs at the Jail for prisoners who may have ingested something; 2. training for Jail staff; and, 3. training for sworn members.

2 DISCUSSION/IMPLICATIONS/ALTERNATIVES In response to the recommendations from the Coroner s Inquest, signage has been placed in the Vancouver Jail. As well, training of police officers and Jail staff has been accomplished by in-house Jail staff training, a training bulletin on the VPD intranet, and information sent to the Justice Institute of BC, Police Academy. Finally, a change being proposed includes the addition of suspected of ingesting anything that could cause them harm to a list of medical conditions or risks to consider for prisoners. Therefore, prisoners that have any, or may have any, of the listed medical risks must be transported by ambulance to hospital. CONCLUSION: The in-custody death of Daniel Serbeh has made members and Jail staff keenly aware of the dangers of ingesting drugs. The changes will encourage those in custody to disclose when they have ingested drugs and promote awareness to members. The Executive Committee of the Vancouver Police Department has approved the proposed amendments outlined in this report and request that the Vancouver Police Board approve and adopt these procedures. Author: Drazen Manojlovic Telephone: June 9, 2010 Submitting Executive Member (signature): This report has been prepared in consultation with the sections/divisions listed below, and they concur with its contents. Concurring: 2

3 Section: Arrest of an injured person POLICY APPENDIX 1 EXISTING PROCEDURE Prisoners in police custody are vulnerable, and entirely dependent on the police to obtain medical assistance for them. Police officers are responsible for the well-being and protection of persons in their custody, and must ensure that a person in custody receives appropriate medical assistance. PROCEDURE 1. Police officers shall ensure that any persons who have questionable medical risks or who are suffering from any of the following conditions shall be transported directly to a hospital emergency ward by EHS: a. unconsciousness; b. intoxication by drug or alcohol to the degree that the individual is incapable of making a rational decision with respect to medical treatment; c. possible fractures, dislocations or concussion; d. cuts or lacerations requiring stitches; and e. dog bites. 2. Prisoners in police custody, and who require medical attention, shall not be released from custody until such time as their medical needs have been addressed. 3. Whenever an injured person is arrested, the arresting police officer should not hesitate to have them conveyed by EHS to the hospital. 4. Police officers shall obtain a medical assessment from EHS for all persons of questionable consciousness, including situations where questionable consciousness arises from intoxication. 5. In the event that police officers have any doubt concerning whether or not a person in custody may require immediate medical attention, they shall resolve that doubt in favour of obtaining medical attention. 6. When a prisoner is sent directly to hospital (other than a person arrested "Hold SIPP") the arresting member shall notify their supervisor and ensure that the Vancouver Jail Police NCO is given the necessary details to initiate a booking sheet. 7. The arresting officer s supervisor shall arrange for a guard and for relief and replacement until such time as the prisoner is either lodged in Jail, or is released from custody. 8. The guard shall remain with the prisoner at all times unless otherwise instructed by a supervisor. A hospital guard sheet (VPD 179) shall be initiated. Police officers shall record the required information on the sheet. 3

4 9. If, at the time of arrest, it is determined that a person arrested for "Hold SIPP" requires hospitalization, that person will be treated as a casualty and does not require a guard. 10. Prisoners requiring minor medical attention not necessitating prolonged hospitalization shall be guarded by the escorting member. It is the police officer s responsibility to ensure that a copy of the hospital medical report is turned in to the Jail Nurse when the prisoner is sent to the Jail. 11. Whenever a dispute arises with EHS or hospital staff regarding hospitalization of a prisoner, a supervisor shall be called to the scene. The supervisor will assess the situation and, if necessary, contact senior EHS or hospital personnel. 12. Any prisoner of the Vancouver Jail, who requires transport to hospital for medical treatment, shall be transported by EHS. (Refer to Section 1.2.2: Use of Force to Provide Medical Aid and Section (iii): Transportation of Persons in Custody). 4

5 Section: Arrest of an injured person POLICY APPENDIX 2 PROPOSED PROCEDURE Prisoners in police custody are vulnerable, and entirely dependent on the police to obtain medical assistance for them. Police officers are responsible for the well-being and protection of persons in their custody, and must ensure that a person in custody receives appropriate medical assistance. Also refer to: Section 1.2.2: Use of Force to Provide Medical Aid Section (iii): Transportation of Persons in Custody Section 1.4.5: Arrest Hold Intoxication in a Public Place PROCEDURE Members shall: 1. Ensure that any persons who have questionable medical risks, or who are suffering from any of the following conditions, are transported directly to a hospital emergency ward by ambulance: a. unconsciousness; b. intoxication by drug or alcohol to the degree that they are incapable of making a rational decision with respect to medical treatment; c. possible fractures, dislocations, concussion, etc; d. cuts or lacerations requiring stitches; e. dog bites; and f. suspected of ingesting anything that could cause them harm. 2. Not release prisoners in custody who require medical attention until their medical needs have been addressed. 3. Obtain a medical assessment from the BC Ambulance Service (BCAS) for all persons of questionable consciousness, including situations where questionable consciousness arises from intoxication. 4. When there is any doubt about the need for medical attention for a person in-custody, members shall resolve this doubt in favour of obtaining medical attention. 5

6 5. All prisoners of the Vancouver Jail, who require transport to hospital for medical treatment, shall be transported by EHS. (Refer to Section 1.2.2: Use of Force to Provide Medical Aid and Section (iii): Transportation of Persons in Custody). 6. Notify a Patrol Supervisor when a prisoner is sent to the hospital (other than an intoxicated person, who has not been arrested) as well as providing sufficient information to the Jail Supervisor to complete a VPD Jail Guard prisoners that require even minor medical attention or brief hospitalization. It is the member s responsibility to ensure that a copy of the hospital discharge or BCAS crew report is given to the Jail Nurse when the prisoner is taken to Jail. 8. Remain with a hospitalized prisoner at all times, unless instructed otherwise by a Supervisor. When the prisoner only requires brief hospitalization, they may be guarded by the escorting or arresting member. 9. Recognize that prisoners arrested for intoxication, who later require hospitalization, shall be treated as casualties, and no longer need to be guarded. 10. Ensure a copy of the discharge report from the hospital or crew report from BCAS accompanies the Jail Arrest Report (VPD 602) and that the Jail staff is notified when a prisoner is sent to the Jail who required medical attention. Patrol Supervisors shall: 11. Arrange for relief and replacement of a guard, when necessary, until a prisoner is either lodged in Jail, or released from custody. 12. Attend the scene when there is a disagreement between BCAS or the hospital regarding hospitalization of a prisoner. The Supervisor shall, if necessary, contact a Supervisor for the BCAS or hospital management. 6