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Home My WebLink About249-24 RESOLUTIONFile Number: 2024-521 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 249-24 POLICE DEPARTMENT POLICIES (COUNCIL APPROVAL): A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES I. I. I LAW ENFORCEMENT AGENCY ROLE; 1.2.1 LIMITS OF AUTHORITY ; 12.1.1 ORGANIZATIONAL STRUCTURE, FUNCTION AND DIRECTION; 12.2.1 POLICIES , PROCEDURES, RULES DEVELOPMENT, & REVIEW PROCEDURES ; 41.1.1 PATROL; 41.2.5 MISSING PERSONS ; 41.3.6 NARCOTIC OVERDOSE INTRANASAL NALOXONE; 42.1.1 CRIMINAL INVESTIGATIONS ; AND 71.1.1 DETAINEE TRANSPORTATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby approves Fayetteville Police Department policies 1.1.1 Law Enforcement Agency Role ; 1.2 . I Limits of Authority ; 12 .1.1 Organizational Structure, Function , and Directions; 12.2.1 Policies ; Procedures, Rules Development & review Procedures ; 41.1.1 Patrol ; 41.2.5 Missing Person s; 4.3.6 Narcotic Overdose Intranasal Naloxone ; 42.1. I Criminal Investigations; and 71 .1.1 Detainee Transportation. PASSED and APPROVED on October I, 2024 Page 1 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-521 MEETING OF OCTOBER 1, 2024 TO: Mayor Jordan and City Council THRU: FROM: Tad Scott, Deputy Chief SUBJECT: Police Department Policies RECOMMENDATION: Staff recommends the Fayetteville City Council approve a resolution adopting Fayetteville Police Department policies 1.1.1 Law Enforcement Agency Role, 1.2.1 Limits of Authority, 12.1.1 Organizational Structure, Function, and Direction, 12.2.1 Policies, Procedures, Rules Development, & Review Procedures, 41.1.1 Patrol, 41.2.5 Missing Persons, 41.3.6 Narcotic Overdose Intranasal Naloxone, 42.1.1 Criminal Investigations, and 71.1.1 Detainee Transportation. BACKGROUND: The Fayetteville Police Department is currently in the process of reviewing and updating policies to make necessary changes and to meet new protocols. DISCUSSION: Fayetteville Police Policy 1.1.1 Law Enforcement Agency Role is an existing policy that contains changes, including adding our Missions and Values Statements and updating rank titles due to department restructuring. Fayetteville Police Policy, 1.2.1 Limits of Authority, is an existing policy that contains changes to meet updated practices and state statutes. Fayetteville Police Policy 12.1.1 Organizational Structure, Function, and Direction is an existing policy that contains changes to meet changes in department structure and practices. Fayetteville Police Policy 12.2.1 Policies, Procedures, Rules Development, & Review Procedures is an existing policy that contains changes to meet updated state statutes, department practices, and department rank structure. Fayetteville Police Policy 41.1.1 is an existing policy that contains changes to meet new department practices and structure. Fayetteville Police Policy 41.2.5 Missing Persons is an existing policy that contains changes to meet updated state statutes and department practices. Fayetteville Police Policy 41.3.6 Narcotic Overdose Intranasal Naloxone is an existing policy that contains changes to meet updated state statutes and department practices. Fayetteville Police Policy 42.1.1 Criminal Investigations is an existing policy that contains changes to meet updated department practices and protocols. Fayetteville Police Policy 71.1.1 Detainee Transportation is an existing policy that includes changes to meet updated department practices and protocols. These policies are attached to the agenda packet, and all changes to these existing policies have been highlighted for review. BUDGET/STAFF IMPACT: These policies will not have any impact on budget or staff at this time. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov ATTACHMENTS: SRF 2024-521 (#3), City Council Agenda Memo (#4), Fayetteville Police Policy 1.1.1 Law Enforcement Agency Role (#5), Fayetteville Police Policy 1.2.1 Limits of Authority (#6), Fayetteville Police Policy 12.1.1 Organizational Structure Functions and Direction (#7), Fayetteville Police Policy 12.2.1 Policies, Procedures, & Rules Development, & Review Procedures (#8), Fayetteville Police Policy 41.1.1 Patrol (#9), Fayetteville Police Policy 41.2.5 Missing Persons (#10), Fayetteville Police Policy 41.3.6 Narcotic Overdose Intranasal Naloxone (#11), Fayetteville Police Policy 42.1.1 Criminal Investigations (#12), Fayetteville Police Policy 71.1.1 Detainee Transportation (#13) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-521 Police Department Policies A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 1.1.1 LAW ENFORCEMENT AGENCY ROLE; 1.2.1 LIMITS OF AUTHORITY; 12.1.1 ORGANIZATIONAL STRUCTURE, FUNCTION AND DIRECTION; 12.2.1 POLICIES, PROCEDURES, RULES DEVELOPMENT, & REVIEW PROCEDURES; 41.1.1 PATROL; 41.2.5 MISSING PERSONS; 41.3.6 NARCOTIC OVERDOSE INTRANASAL NALOXONE; 42.1.1 CRIMINAL INVESTIGATIONS; AND 71.1.1 DETAINEE TRANSPORTATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Fayetteville Police Department policies 1.1.1 Law Enforcement Agency Role; 1.2.1 Limits of Authority; 12.1.1 Organizational Structure, Function, and Directions; 12.2.1 Policies; Procedures, Rules Development & review Procedures; 41.1.1 Patrol; 41.2.5 Missing Persons; 4.3.6 Narcotic Overdose Intranasal Naloxone; 42.1.1 Criminal Investigations; and 71.1.1 Detainee Transportation. City of Fayetteville Staff Review Form 2024-521 Item ID 10/1/2024 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Tad Scott 9/12/2024 POLICE (200) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends the Fayetteville City Council approve a resolution adopting Fayetteville Police Department policies 1.1.1 Law Enforcement Agency Role, 1.2.1 Limits of Authority, 12.1.1 Organizational Structure, Function, and Direction, 12.2.1 Policies, Procedures, Rules Development, & Review Procedures, 41.1.1 Patrol, 41.2.5 Missing Persons, 41.3.6 Narcotic Overdose Intranasal Naloxone, 42.1.1 Criminal Investigations, and 71.1.1 Detainee Transportation. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item?No Total Amended Budget $- Expenses (Actual+Encum)$- Available Budget $- Does item have a direct cost?No Item Cost $- Is a Budget Adjustment attached?No Budget Adjustment $- Remaining Budget $- V20221130 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: 1.1.1 Law Enforcement Agency Role Page 1 of 5 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 1.1.1 Law Enforcement Agency Role Effective Date: October 6, 2015 Reference: Version: 3 4 CALEA: 1.1.1, 1.1.2, 11.3.1 a., 12.2.1 a. No. Pages: 5 I. PURPOSEurpose The purpose of this directive is to require all personnel to take and abide by an oath of office, when applicable, and and/or to abide by a code of conduct ethics., This policy also defines and to define the Fayetteville Police Department’s Mission and Values Statements. Defining the oath of office, and code of conduct ethics, Fayetteville Police Departments Mission and Value Statements also specifies guides the department’s intent to be responsive to and protect the constitutional rights of the community. By operating under an oath of office, and/or code of conduct ethics, Mission and Values Statement, employees will shall be aware of actions and attitudes expected of them, and the public will be is provided with a general standard by which they can measure the department’s performance. Defining the oath of office, and code of conduct ethics, Fayetteville Police Departments Mission and Value Statements also specifies guides the department’s intent to be responsive to and protect the constitutional rights of the community. This policy also defines and to define the Fayetteville Police Department’s Mission and Values Statements. By operating under an oath of office and/or code of conduct, employees will be aware of actions and attitudes expected of them, and the public will be provided with a general standard by which they can measure the department’s performance. Defining the oath of office and code of conduct also specifies the department’s intent to be responsive to and protect the constitutional rights of the community. II. Policy A. Oath of Office – Prior to assuming their official position, all sworn personnel of the Fayetteville Police Department shall take an oath of office to enforce the law and uphold the Constitutions of the United States and the State of Arkansas, and to perform all duties incumbent as a police officer of the C ity of Fayetteville and bound by such legal rules and regulations [CALEA 1.1.1]. 1.1.1 Law Enforcement Agency Role Page 2 of 5 B. Code of Ethics – All personnel of the Fayetteville Police Department shall abide by the Codes of Ethics described in this policy. All personnel will take part in ethics training conducted on a biennial basis [CALEA 1.1.2]. All personnel will treat the public and fellow employees with courtesy and respect. All personnel will refrain from any form of communication to the discredit of the department or others. C. Mission Statement – This department, through progressive thinking, credible, efficient and responsive actions, will provide our citizens with a safe and healthy community in which to live and work. We will provide impartial enforcement of all criminal and traffic laws. We will strive to interact and form a partnership with the citizens to provide education so they can learn ways of reducing opportunities for crime to occur [CALEA 12.2.1 a.]. D. Values Statement – Our department will consist of sworn and civilian members who are interested in our community and are proud of the work they do. Our department strives for first rate customer service. Strong links between our department and the citizens we serve have always been important to us, and we will continue to build on these efforts [CALEA 12.2.1 a.]. E. Sworn Code of Ethics [CALEA 1.1.2] 1. LAW ENFORCEMENT CODE OF ETHICS – All law enforcement officers must be fully aware of the ethical responsibilities of their position and must strive constantly to live up to the highest possible standards of professional policing. 2. PRIMARY RESPONSIBILITIES OF A POLICE OFFICER – A police officer acts as an official representative of government who is required and trusted to work within the law. The officer’s powers and duties are conferred by statute. The fundamental duties of a police officer include serving the community; safeguarding lives and property; protecting the innocent; keeping the peace; and ensuring the rights of all to liberty, equality and justice. [CALEA 11.3.1 a.] 3. PERFORMANCE OF THE DUTIES OF A POLICE OFFICER – A police officer shall perform all duties impartially, without favor or affection or ill will and without regard to race, ethnic background, national origin, gender, sexual orientation/identity, religion, economic status, age, cultural group, or any other identifiable characteristics or identifiable groups. All citizens will be treated equally with courtesy, consideration and dignity. Officers will never allow personal feelings, animosities or friendships to influence official conduct. Laws will be enforced appropriately and courteously and, in carrying out their responsibilities, officers will strive to obtain maximum cooperation from the public. They will conduct themselves in appearance and deportment in such a manner as to inspire confidence and respect for the position of public trust they hold. 4. DISCRETION – A police officer will use responsibly the discretion invested in the position and exercise it within the law. The principle of reasonableness will guide the officer’s determinations and the officer will consider all surrounding circumstances in determining whether any legal action shall be taken. Consistent and wise use of discretion, based on professional policing competence, will do 1.1.1 Law Enforcement Agency Role Page 3 of 5 much to preserve good relationships and retain the confidence of the public. There can be difficulty in choosing between conflicting courses of action. It is important to remember that a timely word of advice rather than arrest, which may be correct in appropriate circumstance, can be a more effective means of achieving a desired end. 5. USE OF FORCE – A police officer will never employ unnecessary force or violence and will use only such force in the discharge of duty as is reasonable in all circumstances. Force should be used only with the greatest restraint and only after discussion, negotiation and persuasion have been found to be inappropriate or ineffective. While the use of force is occasionally unavoidable, every police officer will refrain from applying the unnecessary infliction of pain or suffering and will never engage in cruel, degrading or inhumane treatment of any person. 6. CONFIDENTIALITY – Whatever a police officer sees, hears or learns of, which is of a confidential nature, will be kept secret unless the performance of duty or legal provision requires otherwise. Members of the public have a right to security and privacy, and information obtained about them must not be improperly divulged. 7. INTEGRITY – A police officer will not engage in acts of corruption, bribery, or other criminal activity, nor will an officer condone such acts by other police officers. The public demands that the integrity of police officers be above reproach. Police officers must, therefore, avoid any conduct that might compromise integrity and thus undercut the public confidence in a law enforcement agency. Officers will refuse to accept an y gifts, presents, subscriptions, favors, gratuities or promises that would cause the officer to refrain from performing official responsibilities honestly and within the law. Police officers must not solicit private or special advantage as a result of their official status. Respect from the public cannot be bought; it can only be earned and cultivated. 8. COOPERATION WITH OTHER OFFICERS AND AGENCIES – Police officers will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. An officer or agency may be one among many organizations that may provide law enforcement services to a jurisdiction. It is imperative that a police officer assists colleagues fully and completely with respect and consideration at all times. 9. PERSONAL/PROFESSIONAL CAPABILITIES – Police officers will be responsible for their own standard of professional performance and will take every reasonable opportunity to enhance and improve their level of knowledge and competence. Through study and experience, a police officer can acquire the high level of knowledge and competence that is essential for efficient and effective performance of duty. The acquisition of knowledge is a never-ending process of personal and professional development that should be pursued constantly. 10. PRIVATE LIFE – Police officers will behave in a manner that does not bring discredit to their agencies or to themselves. A police officer’s character and conduct while off-duty must always be exemplary, thus maintaining a position of respect in the community in which he or she lives and serves. The officer’s personal behavior must be beyond reproach. 1.1.1 Law Enforcement Agency Role Page 4 of 5 F. Civilian Code of Ethics [CALEA 1.1.2] 1. This Police Department Civilian Code of Ethics and Professional Conduct applies to all City of Fayetteville Police Department civilian employees. Police department civilian employees are subject to the personnel practices and policies of the City of Fayetteville, as well as those of the police department in particular. The inherent nature of the public safety services that are provided by the police department require additional employee standards. An honorable and respected police department is indispensable to justice in our society. Fayetteville Police Department civilian employees represent the department at all times in the perceptions of many citizens. A police department civilian employee shall personally observe high standards of conduct so that the integrity of the police department is preserved. A police department civilian employee has an obligation to faithfully discharge the duties of their position by conducting themselves with personal integrity, ethics, honesty and diligence. A person’s individual ethics, as well as the ethical standards of the police department itself, must minimally meet and normally exceed the community’s expectations of high standards. A civilian police employee shall perform all duties impartially, without favor or affection or ill will and without regard to race, ethnic background, national origin, gender, sexual orientation/identity, religion, economic status, age, cultural group, or any other identifiable characteristics or identifiable groups,. For this reason, a violation of this Code of Ethics and Professional Conduct may result in disciplinary action that includes the possibility of termination. It is the civilian employee’s responsibility to familiarize himself or herself with this Code of Ethics and Professional Conduct and to follow it at all times, whether on or off duty. 2. A police department civilian employee should not engage in any activities that would put into question the appropriateness of the employee's conduct in carrying out their duties. 3. A police department civilian employee should respect and comply with the law at all times. 4. A police department civilian employee should be patient, dignified, respectful, and courteous to all persons with whom the employee deals in an official capacity. Police department civilian employees shall conduct themselves in a manner which fosters harmony and cooperation. Police department civilian employees will refrain from any form of communications to the discredit of others. 5. A civilian employee should not discriminate while performing their job duties and responsibilities. 6. A police department civilian employee should never disclose any confidential communications or any other confidential information received in the course of official duties, except as authorized by law. Personnel are especially prohibited from discussing privileged information with friends and family members. A former police department civilian employee should observe the same restrictions on disclosure of confidential information that apply to a current employee. 1.1.1 Law Enforcement Agency Role Page 5 of 5 7. A police department civilian employee should not use or permit the use of the fact that he or she works for the police department for reasons of personal gain, including but not limited to gaining special privileges, avoiding problems he or she would otherwise be subject to, directly or indirectly coercing or influencing the behavior of others. The solicitation of funds for official functions is not allowed without express permission from the Chief of Police. 8. A police department civilian employee may participate in personal, social, civic, or other private or public activities that do not detract from the dignity of the police department, interfere with the performance of official duties, or adversely reflect on the police department. This is particularly important where the person’s clothing, verbal statements, or other circumstances make it readily apparent to others that the person works for the police department. 9. Police department civilian employees will not report to work or be on duty while under the influence of alcohol and/or illegal drugs. Employees are expected to be sober and awake while on duty. See Fayetteville Police Department Policy 26.1.1 and City of Fayetteville’s policies for more details regarding this topic. 10. It is the policy of this department that all employees have the right to work in an environment free of bullying, harassment or discrimination. This department will not tolerate, condone or allow bullying, harassment or discrimination by employees, whether sworn, civilian, or other non-employees who conduct business with this agency. This department considers bullying, harassment and discrimination of others a form of serious employee misconduct. Therefore, this department shall take direct and immediate action to remedy all reported instances of bullying, harassment and discrimination. G. Telephone/Current Address Information Required – All employees of the police department are required to have a working telephone and to keep the department advised of the current telephone number. Likewise, all employees are required to provide the department with current address information. Any changes in phone numbers or addresses shall be promptly reported through the employee’s chain of command to the Administrative Services Captain. H. When any sworn member of the department is unable to report for duty on account of sickness or injury, such fact shall be promptly reported to any on-duty supervisor. 1.2.1 Limits of Authority Page 1 of 8 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 1.2.1 Limits of Authority Effective Date: July 28, 2020 Reference: 1.2.4, 41.1.1, 41.2.7, 71.1.1, ACA 5-1-102, ACA 5-36- 116, ACA 5-53-1034, AR ACA 12-9-102, ACA 14-52-203, ACA 16- 81-106, ACA 16-81-113, ACA 16-81-116 Version: 7 8 CALEA: 1.1.3, 1.1.4, 1.2.1, 1.2.2, 1.2.4, 1.2.5, 1.2.6, 1.2.7, 4.1.5, 11.3.1, 22.1.8 No. Pages: 8 I. Purpose The purpose of this policy is to outline the limits of law enforcement authority delegated to officers of the Fayetteville Police Department pertaining to the enforcement of laws, statutes and ordinances within their jurisdiction. It also defines circumstances and establishes limits involving officer discretion and provides guidelines for exercising such discretion utilizing alternatives to arrest and/or pre-arraignment confinement. II. Definitions Arrest: Arrest is the taking of a person into custody, the purpose of which is to restrain the accused until he can be held accountable for the offense at court proceedings. Probable Cause: Probable cause has been interpreted as facts and circumstances that amount to more than mere suspicion but less than proof beyond a reasonable doubt that would lead a prudent person to believe a crime has been committed or is about to be committed. Felony: A felony is a serious offense, which carries a penalty of incarceration usually for one year or more. Persons convicted of felony offenses lose certain rights such as the right to vote, hold an elective office of federal government position or maintain certain licenses. Misdemeanor: A misdemeanor is a less serious offense punishable by incarceration for not more than one year in a county jail or fine or similar penalty. Off-Duty: For the purposes of this section, officers are considered to be “off-duty” when not working in furtherance of departmental objectives during regularly scheduled hours or other hours as required by a police supervisor or court order. III. Policy 1.2.1 Limits of Authority Page 2 of 8 A. JURISDICTION AND STATUTORY AUTHORITY 1. Officers of the Fayetteville Police Department shall have within the corporate limits of the City of Fayetteville all the powers invested in law enforcement officers as described under Arkansas Code Annotated 14-52-203 [CALEA 1.2.1, 1.2.2], [CALEA 11.3.1 a.]. 2. Officers shall also have the power to serve all civil and criminal process that may be directed to them by any officer of the court and enforce the ordinances and regulations of the city as the city council may direct. 3. In addition to their authority within the corporate limits, officers shall have all the powers invested in law enforcement officers by the Arkansas Constitution, State statutes and the Rules of Criminal Procedure. 4. An officer outside his or her jurisdiction may affect an arrest without a warrant upon having both probable cause and the request or permission of the agency having jurisdiction. Upon doing so, the officer must notify the law enforcement agency having jurisdiction as soon as practicable and relinquish custody of the suspect to that agency as described under Arkansas Code Annotated 16-81-106. 5. An officer pursuing an offender outside the corporate limits or extraterritorial jurisdiction of the city shall be entitled to all privileges, immunities and benefits to which he would be entitled if acting within the city, including coverage under the worker’s compensation laws. 6. Each employee of the department is accountable for the use of delegated authority invested by statute [CALEA 11.3.1 b.]. B. ARREST AUTHORITY An officer may affect an arrest if there is probable cause to believe a person has committed an offense as it is defined in the Arkansas Criminal Code. Probable cause is the legal requirement for an arrest [CALEA 1.2.5]. 1. An arrest occurs when the following conditions exist: a. The officer believes that sufficient legal evidence exists that a crime is being committed, and intends to restrain the suspect; b. The officer deprives the individual of his liberty; and c. The suspect believes he or she is in custody of the police and cannot voluntarily leave. 2. An arrest can be initiated with or without a warrant and must be based on probable cause. a. Arrest Pursuant to Warrant – An arrest warrant issued by the court determines an arrest should be made and directs the police to bring the named person before court. (1) An officer having a warrant in possession may arrest the person named on or described in the warrant at any time and at any place within the jurisdiction of the City of Fayetteville. (2) An officer, who has knowledge that a warrant for arrest has been issued and has not been executed, but who does not have the warrant in his possession, may arrest the person named in the warrant according to Arkansas State Law. 1.2.1 Limits of Authority Page 3 of 8 (3) The officer must inform the person arrested of the existing warrant, and (4) The officer must serve the warrant on the person as soon as possible. b. Arrest Without a Warrant – According to Rule 4 of the Arkansas Court Rules of Criminal Proceedings, a law enforcement officer may arrest a person without a warrant if the officer has reasonable cause to believe that such person has committed [CALEA 1.2.5]: (1) a felony; (2) domestic violence; as further detailed in FPD 1.2.4, Domestic Violence (3) a traffic offense involving: a. death or physical injury to a person; or b. damage to property; or c. driving a vehicle while under the influence of intoxicants or narcotics any intoxicating liquor or drug; (4) Any violation of law in the officer’s presence. (5) Acts which constitutes domestic abuse as defined by law against a family or household member (See ACA 16-81-113 and FPD 1.2.4, Domestic Violence) and which occurred within: a. four (4) hours preceding the arrest if no physical injury was involved; or b. twelve (12) hours preceding the arrest if physical injury, as defined by ACA 5-1-102; (6) A private person may make an arrest where he has reasonable grounds for believing the person arrested has committed a felony. (7) It is not necessary that an officer or citizen be able to articulate the specific offense at the time of the arrest. (8) A warrant-less arrest by an officer not personally possessed of information sufficient to constitute reasonable cause is valid where the arresting officer is instructed to make the arrest by a police agency, which collectively possesses knowledge sufficient to constitute reasonable cause. (9) In the case of a misdemeanor, probable cause as well as the officer’s presence at the time of the offense is required, with the following exceptions: a. The officer has probable cause to believe a person has committed battery upon another person, believes the suspect may cause physical injury to self or others, or damage to property unless immediately arrested (see ACA 16-81-113) and Domestic Abuse Act as defined by Arkansas State Law, the officer finds evidence of bodily harm, and the officer reasonably believes that there is a danger of violence unless the person alleged to have committed the battery is arrested without delay (See ACA 16-81-106). b. The officer has probable cause to believe a person has committed the offense of Interference with Emergency Communication in the First Degree or Interference with Emergency Communication in the Second Degree (See ACA 16-81-116). c. The officer has probable cause to believe a person has committed the offense of Violation of an Order of Protection (See ACA 5-53- 134). 1.2.1 Limits of Authority Page 4 of 8 d. The suspect has committed the offense of shoplifting when the officer, merchant or merchant’s employee who has observed the person accused of shoplifting shall provide a written statement which shall serve as probable cause to justify the arrest (See ACA 5-36-116). e. The officer has reason to believe the suspect will not be apprehended unless immediately arrested. 3. Upon making an arrest, an officer must: a. Identify himself as a law enforcement officer unless his identity is otherwise apparent; b. Inform the arrested person that he is under arrest; and c. As promptly as is reasonable under the circumstances, inform the arrested person of the cause of the arrest, unless the cause appears to be evident. 4. An arrest is complete when: a. The person submits to the control of the arresting officer who has indicated his intention to arrest, or b. The arresting officer, with intent to make an arrest, takes a person into custody by the use of physical force. 5. An officer may enter private premises or vehicles to effect an arrest when: a. The officer has in his possession a warrant or order for arrest of a person or is authorized to arrest a person without a warrant or order having been issued; b. The officer has reasonable cause to believe the person to be arrested is present, and c. The officer has given or made reasonable effort to give notice of his authority and purpose to an occupant thereof, unless there is reasonable cause to believe the giving of such notice would present a clear danger. 6. Arrest for Serious Crime – When an officer arrests a person for a serious crime, the officer shall advise the supervisor on duty and a determination will be made if the Criminal Investigation Division shall be notified of the arrest for further interviewing and investigation. 7. Arrest of Military Deserter – Officers with probable cause that a person is a military deserter may arrest that person and arrange as soon as possible to release the person to the proper military authority. 8. Arrest of Injured Person Care in Custody – Upon arresting a person who has been injured, or is injured during the arrest process, or who is unconscious, semiconscious, or otherwise apparently suffering from some disabling condition, or who requests medical attention, sworn personnel shall: a. Render appropriate medical aid as quickly as reasonably possible, and enact the Secondary Emergency Notification of Dispatch (SEND) protocol [CALEA 4.1.5, FPD 41.1.1]. the officer shall conduct an assessment of the injury based on visual and/or verbal clues of the person and/or injury. In doing so, the officer shall [CALEA 4.1.5]: b. Transport the person for normal booking procedures if the injury is apparently non-debilitating and not life threatening. c. Conduct an assessment to determine if the person arrested is wearing a bracelet or necklace containing the an Medic Alert Foundation’s emergency alert symbol to indicate that the person suffers from diabetes, epilepsy, cardiac condition or any other form of illness which would cause a loss of 1.2.1 Limits of Authority Page 5 of 8 consciousness. If such a symbol is found indicating that the person being arrested suffers from one of those conditions, the officer must notify the CDC so the information can be relayed to Central Emergency Medical Services (CEMS) and the Fayetteville Fire Department. d. Provide appropriate medical care until the arrival of emergency medical services.and assessmentNotifying the Central Dispatch Center (CDC) to alert Central Emergency Medical Services and the Fayetteville Fire Department when obvious severe injuries have occurred, medical distress is apparent, the individual is unconscious, or the individual requests medical assistance. e. If exigent circumstances exist (lack of availability of emergency medical services, close proximity to a medical facility, etc.), an officer may transport a person in life-threatening medical distress to an emergency medical facility. (1) If transport to a medical facility is required, officers shall follow the guidelines in FPD 71.1.1[CALEA 70.3.2]. f. Transport the person for normal booking procedures if they are cleared by emergency medical services. g. Request for Emergency Medical Services to respond to the scene if the injury appears to be life threatening or debilitating. h. Transport to a medical facility only if exigent circumstances exist (e.g. life- threatening injury, lack of emergency medical services, etc.). transport to a medical facilityNot transport the person to a medical facility if the injury is life threatening or debilitating unless exigent circumstances exist. Further reference may be made to FPD 71.1.1, Detainee Transportation. 9. Arrest of Unconscious or Semiconscious Person – Whenever an officer Upon arrests arresting an individual who is unconscious, semiconscious, or otherwise apparently suffering from some disabling condition, sworn personnel shall provide appropriate medical aid as quickly as reasonably possible. This includes notifying the CDC to alert Central EMS and the Fayetteville Fire Department.and who is unable to provide information on the causes of the condition, tThe officer should make a reasonable effort to determine if the person arrested is wearing a bracelet or necklace containing the Medic Alert Foundation’s emergency alert symbol to indicate that the person suffers from diabetes, epilepsy, cardiac condition or any other form of illness which would cause a loss of consciousness. If such a symbol is found indicating that the person being arrested suffers from one of those conditions, the officer must notify the CDC so the information can be relayed to Central EMS and the Fayetteville Fire Department. make a reasonable effort to have appropriate medical care provided. 10. Arrest of Foreign Nationals – Whenever a foreign national is arrested or detained in the United States, there are legal requirements contained in the Vienna Convention on Consular Relations to ensure that the foreign national’s government can offer him/her appropriate consular assistance. In all cases, the foreign national must be told of the right of consular notification and access. According to the Department of State, this requirement applies even if the foreign national is not in the United States legally. A list of contact information for embassies and consulates within the 1.2.1 Limits of Authority Page 6 of 8 United States is available in the squad room and the Washington County Detention Center. In some cases, mandatory notification must be made to the nearest consulate or embassy without delay, or within the time specified in a bilateral agreement between the United States and the foreign national’s country, regardless of whether the foreign national request such notification. If the foreign national’s country is on the list of mandatory notification countries, notify that country’s nearest consular official, without delay, of the arrest/detention. A list of the mandatory notification countries is available in the squad room and the Washington County Detention Center. Privacy concerns or the possibility that a foreign national may have a legitimate fear of persecution or other mistreatment by his/her government may exist in some mandatory notification cases. The notification process should still be honored, but it is possible to take precautions regarding disclosure of information. The State Department should be consulted in these situations. Under no circumstances should any information indicating that a foreign national may have applied for asylum in the United States or elsewhere be disclosed to that person’s government. It is the responsibility of the arresting officer, not the detaining facility, to notify the arrested person’s nearest consular official. It is also the arresting officer’s responsibility to inform the arrestee notification has been made. A form documenting arrest notification that can be sent via FAX is available in the squad room and the Washington County Detention Center. A copy of this notification process should be attached to the arrest report [CALEA 1.1.4]. 11. Misuse of Arrest Authority – Officers of the Fayetteville Police Department shall not misuse the arrest authority that has been delegated to them. C. USE OF DISCRETION AND ALTERNATIVES TO ARREST The Chief of Police shall determine what measures (policies and procedures) shall be enforced to influence officer discretion at the operative level of patrol. Officers are encouraged to be sensitive to cues as the probability of clearance, witness identification, victim prosecution and other factors when making arrests, issuing citations or other law enforcement activities. In the instances of lesser violations, the officer may weigh the seriousness of the offense and the surrounding circumstances and choose an alternative to arrest. The proper exercise of discretion does not relieve the officer of his responsibility to conduct a thorough investigation [CALEA 1.2.7]. 1. Alternatives to Arrest [CALEA 1.2.6] a. Issuance of a citation or criminal summons (when the district judge determines the offense to be citable) which would allow the arrested person to appear in court on his/her own recognizance. 1.2.1 Limits of Authority Page 7 of 8 b. Informal resolution; or c. Warnings. 2. At his discretion, an officer may assist, as an alternative to arrest and incarceration, an individual found intoxicated in a public place by taking the following actions [CALEA 1.2.7]: a. The officer may transport the intoxicated individual home; b. The officer may transport the intoxicated individual to the residence of another individual willing to accept him/her; c. The officer may transport the intoxicated individual to a public or private shelter facility if the individual is apparently in need of and unable to provide for himself food, clothing or shelter but not in need of medical care; d. The officer may transport the intoxicated individual to a medical facility if it is apparent the individual is in need of but unable to provide for himself immediate medical care. 3. Criminal justice and social services programs are available resources that should be considered and utilized when possible. Officers should carefully weigh the available options in any given situation; supervisory consultation may be necessary. Diversion programs available may include, but are not limited to [CALEA 1.1.3]: a. Juvenile offender diversions via the Juvenile Division of the Fourth Judicial Circuit Court b. Fourth Judicial District Victim’s Rights Advocate c. The Fayetteville Women’s Shelter d. Northwest Arkansas Rape Crisis Center e. Salvation Army f. Local churches and homeless shelters g. Local mental health facilities (See FPD 41.2.7) D. OFF-DUTY ARREST Officers of the Fayetteville Police Department have liability protection for on-duty and off-duty performance of official duties. This protection does not extend to willful acts to cause injury, to damage or to those actions that the police officer knew, or reasonably should have known, were in conflict with the established policies of this department. 1. When off-duty and within legal jurisdiction of this department, a police officer may make an arrest when: a. There is an immediate need for the prevention of bodily injury or property loss/damage or apprehension of a suspect; b. The arresting officer is in possession of appropriate police identification. 2. Off-duty officers shall not enforce minor traffic offenses or utilize personal vehicles to pursue or attempt the apprehension of persons. a. Off-duty officers may cautiously follow suspects to obtain vehicle and suspect descriptions or destinations, but officers must realize there is no authorization under state law or departmental policy to violate traffic laws while operating a private vehicle. b. If an off-duty arrest is made, the off-duty officer shall abide by all departmental policies and procedures and shall notify an on-duty supervisor of the 1.2.1 Limits of Authority Page 8 of 8 circumstances of the arrest and complete any documentation required by procedure. c. No prisoner or arrestee, under any circumstances, shall be transported in a privately-owned vehicle. 3. Officers that engage in the duties of a law enforcement officer, as defined by Arkansas Statute 12-9-102, shall be considered on-duty and shall be compensated by the City of Fayetteville. a. It is the responsibility of the sworn employee to reconcile their work time through the City’s timekeeping software. E. POST ARREST PROTOCOL The Chief of Police, state law requirements, and jail procedures will dictate what protocol will be followed post-arrest pertaining to preparing reports, fingerprinting, and photographing. 1. For probable cause arrests made by officers that do not include warrants issued by a judge, officers will complete a preliminary report as part of the booking process as well as an arrest incident report in the police department's reporting system. If the arrest also includes a criminal offense involving a victim, the officer will complete that part of the report as well as the suspect's arrest report [CALEA 1.2.5]. 2. Fayetteville Police Department is responsible for the fingerprinting and photographing of arrested subjects per state law requirements. Per Arkansas 12-12- 1006, immediately following an arrest for an offense, a law enforcement official at the receiving criminal detention facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person if the offense is a f elony or a Class A misdemeanor. When the first appearance of a defendant in court is caused by a citation or summons for an offense, a law enforcement official at the receiving facility shall take, or cause to be taken, the fingerprints and a photograph of the arrested person when the offense is a felony or a Class A misdemeanor. While this policy does allow officers to utilize discretion as to whether or not a physical arrest is made or a citation is issued for a Class A misdemeanor, the District Court Judge may provide a list of offenses that will require a physical arrest for certain offenses. 3. Juvenile post arrest requirements are set forth in A.C.A. 9-27-320. For juvenile arrest procedures and protocols, see Juvenile Operations 44.1.1. F. PERSONNEL IDENTIFICATION MEASURES The following will govern identification requirements of all police department personnel [CALEA 22.1.8]: 1. All personnel will be issued an identification card with their photograph that is required to be carried and accessible while the employee is on duty [CALEA 22.1.8 b.]. 2. All employees shall be able to display their identification card upon a reasonable and safe request. Sworn personnel should display this in the accompaniment of their issued badge. Exceptions to this display are when necessary during the performance of police duties at an incident where the officer's status is obvious or in a required 1.2.1 Limits of Authority Page 9 of 8 undercover capacity where doing so would jeopardize the mission of the operation or the officer's cover [CALEA 22.1.8 a.]. 3. In cases where an officer is unable to show identification during an incident, that officer should make every attempt to show his credentials to the requesting party once the scene is secured [CALEA 22.1.8 a.]. 4. All officers including uniformed officers should have access to their full credentials while on duty for cases where additional credential checks may be required. Exceptions to this requirement may occur in undercover assignments [CALEA 22.1.8 a.]. 5. In the course of conducting official department business over the telephone, all employees should identify themselves by title, department, and name. Should the other party question the department employee’s credibility, the employee should welcome the other party to verify their identity. The employee should suggest the other party may hang up and call the Fayetteville Police Department for verification through Dispatch. Employees may provide the other party with the telephone number and tell the other party they are welcome to look up the phone number independently [CALEA 22.1.8 c.]. 6. The issuance of identification shall be considered a standard procedure. A record will be maintained documenting the date of issuance, the person issuing, and the person issued. Employees will be expected to maintain their identification in a professional manner. Lost or stolen identification cards shall be reported to the immediate supervisor. 7. Upon separation of employment, the employee shall relinquish his or her identification card to police personnel. 12.1.1Organizational Structure, Functions, and Direction Page 1 of 8 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 12.1.1 Organizational Structure, Functions, and Direction Effective Date: April 30, 2020 Reference: Version: 5 6 CALEA: 11.1.1, 11.2.1(NT), 11.2.2(NT), 11.3.1, 11.3.2(NT), 12.1.1, 12.1.2, 12.1.3, 12.1.4(NT), 21.2.2 No. Pages: 8 10 I. PURPOSE The purpose of this policy is to define the responsibilities and position of the Chief of Police as the highest ranking member of the Fayetteville Police Department, to designate command during his absence, to establish the agency's organizational structure, to ensure chain and unity of command, to delineate responsibility, to delegate authority, and to make supervisors accountable for the performance of subordinates [CALEA 11.1.1]. II. POLICY Employees shall observe and adhere to the organizational structure, functions, and direction of the police department. III. ORGANIZATIONAL STRUCTURE AND FUNCTIONS A. Chief of Police 1. The Chief of Police shall be appointed by the City of Fa yetteville Mayor and shall report directly to him or her. The Chief of Police is the chief executive officer (CEO) of the Fayetteville Police Department, and he or she has the ultimate control over the appointment and supervision of all subordinate employees, and he or she is also responsible for the direction, planning, training and regulation of discipline within the police department [CALEA 12.1.1]. Additionally, the Chief of Police shall be responsible for all fiscal matters of the department [CALEA 12.1.1]. a. The Chief of Police shall directly supervise the following personnel: (1) Deputy Chief of Police b. In the event of an anticipated absence for an extended period of time, the Chief of Police shall designate in writing an “acting authority” [CALEA 12.1.2 a.]. 12.1.1Organizational Structure, Functions, and Direction Page 2 of 8 B. Deputy Chief of Police 1. The Deputy Chief of Police is appointed by, and shall report directly to, the Chief of Police. When mandated by the Chief of Police, the Deputy Chief of Police shall assume all responsibilities as the department’s chief executive officer (CEO) [CALEA 12.1.2 a., 12.2.1 c.]. 2. The Deputy Chief of Police shall coordinate the activities of the following divisions [CALEA 11.1.1]: a. Patrol Division b. Criminal Investigation Division c. Administration Administrative Services Division d. Operations Support Division e. Records Division f. Central Dispatch Center C. Patrol Division Captain 1. The Patrol Division Captain is appointed by the Chief of Police and shall directly report to the Deputy Chief of Police. When mandated by the Chief of Police, the Patrol Captain shall assume all responsibilities as the department’s chief executive officer (CEO) [CALEA 12.1.2 a.]. 2. The Patrol Division is responsible for responding to calls for service, crime prevention, preliminary criminal investigations, criminal apprehension, traffic enforcement, motor vehicle collision investigation, and community interaction. 3. The Patrol Division Captain shall coordinate the activities of the Patrol Division, and is responsible for the following units [CALEA 11.1.1]: a. Day Shift Patrol: Responsible for covering day hours as assigned by the Chief of Police and supervised as follows: (1) Lieutenants assigned to the day shift are responsible for the supervision of the shift and sergeants assigned to the shift; (2) Sergeants assigned to the shift are responsible for the direct supervision of patrol officers. b. Night Shift Patrol: Responsible for covering night hours as assigned by the Chief of Police and supervised as follows: (1) Lieutenants assigned to the night shift are responsible for the supervision of the shift and sergeants assigned to the shift; (2) Sergeants assigned to the shift are responsible for the direct supervision of patrol officers. D. Criminal Investigation Division (CID) Captain 1. The Criminal Investigation Division Captain is appointed by the Chief of Police and shall directly report to the Deputy Chief of Police. When mandated by the Chief of Police, the Criminal Investigation Division Captain shall assume all responsibilities as the department’s chief executive officer (CEO). [CALEA 12.1.2 a.] 2. The Criminal Investigation Division Captain shall coordinate the activities of the Criminal Investigation Division, and is responsible for the following units [CALEA 11.1.1]: 12.1.1Organizational Structure, Functions, and Direction Page 3 of 8 a. Criminal Investigation Division Investigation Unit: Primarily responsible for major crimes investigations such as homicide, rape, aggravated assault, burglary, forgery, etc. involving adult victims and suspects, and this unit is supervised as follows: (1) The CID Lieutenant is responsible for the supervision of criminal investigations, and a sergeant assigned to this unit; (2) A sergeant assigned to this unit is responsible for the direct supervision of detectives and support personnel. b. Special Investigations Unit: Primarily responsible for investigations of crimes committed by or against persons under the age of 18, along with crimes involving computers, internet crimes-against-children, domestic violence, and issues involving the mentally ill. This unit is supervised as follows: (1) The CID Lieutenant is responsible for the supervision of the Special Investigations Unit and a sergeant assigned to this unit; (2) A sergeant assigned to this unit is responsible for the direct supervision of detectives and support personnel. (3) A sergeant assigned to this unit is responsible for the direct supervision of detectives assigned to various federal task forces, such as The Federal Bureau of Investigation, the Internal Revenue Service, the United States Marshals Service, and any other task forces authorized by the Chief of Police or his designee. c. Narcotics Unit: Primarily responsible for investigations of drug trafficking and narcotics related crimes, and this unit is supervised as follows: (1) The CID Lieutenant is responsible for the supervision of the narcotics unit and a sergeant assigned to this unit; (2) A sergeant assigned to this unit is responsible for the direct supervision of detectives in the narcotics unit, any detectives assigned to the Drug Enforcement Administration Task Force, and support personnel. d. Property and Evidence Division: Responsible for the storing, safeguarding, classification, retrieval and disposal of seized, found or recovered property and evidence. Their other duties include maintaining and issuing certain police equipment, and this unit is supervised as follows: (1) A civilian Property and Evidence Manager is responsible for the supervision of this function and directly supervises civilian evidence technicians. E. Administration Administrative Services Division Captain 1. The Administration Administrative Services Division Captain is appointed by the Chief of Police and shall directly report to the Deputy Chief of Police. When mandated by the Chief of Police, the Administration Administrative Services Captain shall assume all responsibilities as the department’s chief executive officer (CEO) [CALEA 12.1.2 a.]. 2. The Administration Division Captain is responsible for coordinating with the Information Technology (IT) Division at the City of Fayetteville for IT solutions at the police department. The Administration Administrative Services Division Captain is also responsible for planning and coordinating the activities of the division and is responsible for the following units [CALEA 11.1.1]: 12.1.1Organizational Structure, Functions, and Direction Page 4 of 8 a. Office of Professional Standards (OPS)/Development: Responsible for investigations of officer involved shootings, alleged complaints of employee misconduct or wrongdoing, and monitoring the department’s personnel early warning system. This unit is supervised as follows: (1) The Administrative Office of Professional Standards (OPS)/Development Lieutenant is responsible for the direct supervision of the sergeant assigned to this unit and coordinating and delegating investigative activities of this unit to specially selected and trained investigators. (2) A sergeant is assigned to this unit and is responsible for investigating allegations of officer misconduct, and other duties as assigned. b. Accreditation Unit: Responsible for the direction of the department’s accreditation programs. This unit is supervised as follows: (1) The Administrative Office of Professional Standards (OPS)/Development Lieutenant is responsible for the supervision of the accreditation unit and the direct supervision of the sergeant assigned to this unit; (2) A sergeant is assigned to this unit and is responsible for the direct supervision of the accreditation program. c. Warrants Division Unit: Responsible for serving criminal summons, subpoenas, and warrants issued by the Fayetteville District Court, and this unit is supervised as follows: (1) The Administrative Office of Professional Standards (OPS)/Development Lieutenant is responsible for the supervision of the Warrants Division and the direct supervision of the sergeant assigned to this unit; (2) A sergeant is assigned to this unit and is responsible for the direct supervision of the warrants officer(s). d. Special Operations Division-Responsible for the monitoring, staffing and scheduling of special events and other functions as assigned, such as school resource officers, bicycle officers and motorcycle officers, supervised as follows: (1) Special Operations Division Lieutenant is responsible for the supervision of this function and the sergeants assigned to the division. (2) Sergeants assigned to this function are responsible for the direct supervision of officers assigned, including bicycle and motorcycle patrol officers. (3) Sergeants assigned to the school resource officer (SRO) function are responsible for the direct supervision of school resource officers. e. Warrants Division- Responsible for serving criminal summons, subpoenas, and warrants issued by the Fayetteville District Court, and this unit is supervised as follows: (3) The Administrative Office of Professional Standards (OPS)/Development Lieutenant is responsible for the supervision of the Warrants Division and the direct supervision of the sergeant assigned to this unit; (4) A sergeant is assigned to this unit and is responsible for the direct supervision of the warrants officer(s). f. Office of Professional Standards- Responsible for investigations of officer involved shootings, alleged complaints of employee misconduct or wrongdoing, and monitoring the department’s personnel early warning system. This unit is supervised as follows: 12.1.1Organizational Structure, Functions, and Direction Page 5 of 8 (3) The Administrative Office of Professional Standards (OPS)/Development Lieutenant is responsible for the direct supervision of the sergeant assigned to this unit and coordinating and delegating investigative activities of this unit to specially selected and trained investigators. (4) A sergeant is assigned to this unit and is responsible for investigating allegations of officer misconduct. g. Training Division Unit: Responsible for recruiting and training police recruits and instructing and scheduling employees for department and state mandated training. This unit is supervised as follows: (1) The Administrative Office of Professional Standards (OPS)/Development Lieutenant is responsible for the supervision of the Training Division Unit and the direct supervision of the sergeant assigned to this unit; (2) A sergeant is assigned to this unit and is responsible for the direct supervision of firearms instructors, training officer/s and Field Training Officers. h. Accreditation- Responsible for the direction of the department’s accreditation programs. This unit is supervised as follows: (3) The Administrative Office of Professional Standards (OPS)/Development Lieutenant is responsible for the supervision of the accreditation unit and the direct supervision of the sergeant assigned to this unit; (4) A sergeant is assigned to this unit and is responsible for the direct supervision of the accreditation program. i. Public Information Officer/Community-Oriented Policing Division- Responsible for the dissemination of information for the police department to the public and working closely with the community in creative ways to solve problems associated with crime and help improve the overall quality of life in our community. This unit is supervised as follows: (1) The Administrative Community Oriented Policing (COP) Lieutenant is responsible for the supervision of the PIO/Community-Oriented Policing Division and the direct supervision of the sergeant assigned to this unit; (2) A sergeant is assigned to this unit and is responsible for the direct supervision of officers. j. Crisis Intervention and Response Team- Responsible for providing response, assessment, and resource information to individuals experiencing crisis. The unit is supervised as follows: (1) The Community Oriented Policing (COP) Lieutenant is responsible for the supervision of the Crisis Intervention and Response Team and the direct supervision of the sergeant assigned to this unit; (2) A sergeant is assigned to this unit and is responsible for the direct supervision of the Crisis Intervention Officer(s), the Lead Social Services Advocate assigned to this unit, and the maintenance of all grant reporting requirements; (3) The Lead Social Services Advocate is responsible for the direct supervision of all Social Services Advocates and the University of Arkansas School of Social Work interns. k. School Resource Officers- Responsible for. The unit is supervised as follows: (1) The community Oriented Policing (COP) Lieutenant is responsible for the supervision of the School Resource Officer Division and the direct supervision of the sergeant assigned to this unit; 12.1.1Organizational Structure, Functions, and Direction Page 6 of 8 (2) A sergeant is assigned to this unit and is responsible for the direct supervision of school resource officers. 3. The Administrative Services Division Captain is responsible for coordinating with the Human Resources Department at the City of Fayetteville for personnel-related issues to include: a. Hiring; b. Discipline; c. Worker’s compensation documents; d. Updating job descriptions (1) The Fayetteville Police Department shall update all employee job descriptions every four (4) years, ensuring job descriptions are current. Job descriptions will include statements of duties and responsibilities for each job within the agency [CALEA 21.2.2]; and e. Annual performance evaluations. F. Operations Support Division Captain 1. The Operations Support Division Captain is appointed by the Chief of Police and shall directly report to the Deputy Chief of Police. When mandated by the Chief of Police, the Operations Support Division Captain shall assume all responsibilities as the department’s chief executive officer (CEO). [CALEA 12.1.2.a.] 2. The Operations Support Division Captain shall coordinate the activities of this division, and is responsible for the following units [CALEA 11.1.1]: f. Special Operations Division: The Special Operations Division Lieutenant is responsible for the supervision of the following divisions and the sergeants assigned to those divisions: (1) Special Events Unit: Responsible for the monitoring, staffing, and scheduling of special events and other functions as assigned. The sergeant assigned to this division is responsible for the direct supervision of the officers assigned. (2) Motorcycle Unit: Responsible for investigating traffic collisions, proactive traffic enforcement, escort details, and other special and/or community events as assigned. The sergeant assigned to this division is responsible for the direct supervision of the officers assigned. (3) Parks and Trails Unit: Responsible for patrolling the city’s parks and trails system and building and sustaining community relationships. The sergeant assigned to this division is responsible for the direct supervision of the officers assigned. (4) Entertainment District Unit: Responsible for patrolling the entertainment district and covering special events as assigned. The sergeant assigned to this division is responsible for the direct supervision of the officers assigned. g. Community Services Division: The Community Services Lieutenant is responsible for the supervision of the following divisions: (1) Public Information Officer/Community-Oriented Policing Unit: Responsible for the dissemination of information from the police department to the public and working closely with the community in creative ways to solve problems associated with crime and help improve 12.1.1Organizational Structure, Functions, and Direction Page 7 of 8 the overall quality of life in our community. The sergeant assigned to this division is responsible for the direct supervision of the officers assigned. (2) Crisis Intervention and Response Team: Responsible for providing response, assessment, and resource information to individuals experiencing crisis. The sergeant assigned to this division is responsible for the direct supervision of Crisis Intervention Officer(s), the Lead Social Services Advocate assigned to this unit, and the maintenance of all grant reporting requirements. The Lead Social Services Advocate is responsible for the direct supervision of all Social Services Advocates and the University of Arkansas School of Social Work interns. (3) School Resource Officer Unit: Responsible for promoting school safety by establishing a safe, supportive, and orderly environment that maximizes collaboration for the enhancement of student learning and success. The sergeant assigned to this division is responsible for the direct supervision of the officers assigned. 3. The Operations Support Division Captain is responsible for coordinating with the Information Technology (IT) Division at the City of Fayetteville for IT solutions at the police department. G. Records Division 1. The Records Division provides data entry and general maintenance of records for the police department. The management team is responsible for assisting the Chief of Police with the preparation of the annual budget and capital improvement program. The Records Division is supervised as follows: a. A civilian Support Services Manager is responsible for the management of the Records Division and the direct supervision of the Assistant Support Services Manager. b. An Assistant Support Services Manager is responsible for the management of the Records Division, and the direct supervision of the Records Coordinator. c. A Records Coordinator is responsible for the direct supervision of the senior support specialists, and the support specialists., and customer service representatives. H. Central Dispatch Center (CDC) 1. The CDC is the primary Public Safety Answering Point (PSAP) for Fayetteville 9-1-1 and non-emergency calls. CDC is responsible for dispatching police, fire, and city services as needed and for ensuring all calls for service are promptly and efficiently handled. CDC is supervised as follows: a. A civilian Dispatch Manager is responsible for the management of the Central Dispatch Center, which is a 24-hour operation, and direct supervision of the Assistant Dispatch Manager. b. An civilian Assistant Dispatch Manager is responsible for the direct supervision of Dispatch Shift Supervisors and for assisting with the management of the Central Dispatch Center. c. Dispatch Shift Supervisors are responsible for the direct supervision of civilian dispatchers. 12.1.1Organizational Structure, Functions, and Direction Page 8 of 8 IV. BUDGETING A. The Central Dispatch Center is supported by the City of Fayetteville’s general fund program 2600. B. The Records Division and the Administrative Division are supported by the City of Fayetteville’s general fund program 2900. C. The Patrol Division and the Criminal Investigation Division are supported by the City of Fayetteville’s general fund program 2940. D. The narcotics unit is supported by the City of Fayetteville’s general fund 2960. V. DIRECTION E. CHAIN OF COMMAND 1. The chain of command is the clear line of authority from the Chief of Police to every employee that facilitates effective decision-making and organizational communication. Employees shall utilize, recognize and respect the chain of command in all official actions, as designated in the order of rank. F. Order of Rank 1. The following list is the order of rank of sworn employees of the department and this list also specifies the chain of command [CALEA 11.1.1, 12.1.2 d.]: a. Chief of Police b. Deputy Chief of Police c. Captain d. Lieutenant e. Sergeant f. Corporal g. Officer G. Unity of Command 1. Each employee shall be responsible, or accountable to, his or her regular immediate supervisor(s), except when working on a special assignment, incident or temporarily assigned to another unit. In such cases, the employee shall be accountable to the first-line supervisor in charge of the assignment or incident. The Administration Administrative Services Division Captain shall maintain the department’s organizational chart, and it is located on the department’s network drive. 2. At times, a commanding officer may be required to give a lawful order to an employee, or component, that is outside of his/her normal chain of command. In such cases the rank will be respected, and the order shall be obeyed [CALEA 12.1.3]. H. Supervisory Responsibility 12.1.1Organizational Structure, Functions, and Direction Page 9 of 8 1. Supervisory personnel shall be responsible for maintaining the department's high level of standards and shall be held accountable for the activities and performance of employees under their immediate supervision [CALEA 11.3.2 (NT)]. 2. In order to achieve the basic goals and objectives of the Fayetteville Police Department, each supervisor must effectively direct, coordinate, and control the performance of each employee under his immediate supervision. 3. It shall be the policy of the Fayetteville Police Department to assign supervisory personnel with peripheral assignments at the order of the Chief of Police in addition to their primary responsibility of supervising subordinates so that department goals and plans are being performed properly according to policies and procedures. This duty roster is maintained by the Patrol Captain, and it is located on the department’s network drive. I. Lawful Order of a Supervisor 1. All employees shall promptly and to the best of their ability carry out any lawful orders directed by a supervisor, including any order relayed from a supervisor by an employee of the same or lesser rank. A “lawful order” is an order which employees should reasonably believe to be in keeping with the performance of their duties [CALEA 12.1.3]: a. Employees shall not obey any order which they know or should know would require them to commit any illegal act; b. Insubordination shall include conduct directed at a superior officer which is disrespectful, mutinous, insolent, or abusive in nature; c. Supervisory personnel shall retain a proper reserve and respect in all official relations with subordinates, being careful to abstain from violent or abusive language in giving orders or direction to subordinates. J. Conflicting Orders 1. In the event an employee receives an order which is in conflict with a previous order, rule, regulation, or directive, the employee shall immediately and respectfully inform the supervisor issuing the order of the conflict [CALEA 12.1.3]. a. If the supervisor does not alter or retract the conflicting order, the most recent order shall stand and the responsibility for the conflict shall be placed on the supervisor. The employee shall not be held responsible for disobedience of the order. b. The employee shall advise his immediate supervisor through departmental correspondence of the situation surrounding the conflicting order and the supervisor shall resolve the situation. c. The Chief of Police shall be provided a copy of all correspondences concerning the conflicting order and resolution. K. Authority and Responsibility [CALEA 11.3.1] 12.1.1Organizational Structure, Functions, and Direction Page 10 of 8 1. All personnel shall exercise such authority as is commensurate with their responsibilities to perform the tasks and duties described in their job description [CALEA 11.3.1 a.]. 2. All personnel shall be responsible for that authority which is delegated to them and shall be held accountable for the exercising of that authority [CALEA 11.3.1 b.]. L. Succession of Command 1. The assignment as “acting authority” may be used where the Chief of Police anticipates his absence due to training, vacation, temporary physical or mental inability, or other short-term unforeseeable absences [CALEA 12.1.2 a.]. a. In the absence of the Chief of Police, the Deputy Chief of Police will assume the duties as the Chief of Police’s acting authority. b. In normal day-to-day operations, command protocol shall be by order or rank within the division or function of the particular operation [CALEA 12.1.2 d.]. c. For exceptional situations that arise (special events, University of Arkansas sporting events, etc.), command protocol shall be by order of rank, and seniority within the rank, if two or more are present of the same rank [CALEA 12.1.2 b.]. d. For situations that involve personnel of different functions engaged in a single operation, command protocol shall also be by order of rank, and seniority within the rank [CALEA 12.1.2 c.]. e. Incident Command System (ICS) protocol will be followed in the transfer of command (see policy 46.1.2 Critical Incidents). M. Functional Communication 1. Staff Meetings: The Chief of Police or his designee will conduct a staff meeting as needed [CALEA 12.1.4 (NT)]: a. Time will be set-aside at the end of the staff meeting for discussing areas of special interest to staff members. b. The staff meeting will include those individuals whose presence is deemed necessary. 2. Cooperation a. The department shall strive to maintain good internal communication and encourage full cooperation among organizational components. To that end, regular meetings are suggested among personnel of separate organizational components to provide an effective network of personnel communication. b. Other means of personnel communications are available for use including patrol shift briefings, staff meetings, Labor-Management Team meetings, e- mail, voicemail, and the exchange of daily bulletins/memorandums. 12.2.1 Polices, Procedures and Rules Development & Review Procedures Page 1 of 3 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 12.2.1 Policies, Procedures, & Rules Development & Review Procedures Effective Date: October 6, 2015 Reference: A.C.A. 14-51-302 Version: 5 6 CALEA: 12.2.1, 12.2.2 No. Pages: 3 I. PURPOSE The purpose of this directive is to establish procedures for development of new or revised department policies, procedures, and rules. Departmental General Orders and Memorandums will also be covered in this policy [CALEA 12.2.1 d.]. II. POLICY A. It shall be the policy of the Fayetteville Police Department that its members receive written communications in an orderly manner so that accurate information flows smoothly throughout the organization. For the purpose of clarification [CALEA 12.2.1 d.]: 1. A "Policy, Procedure, & Rule" is a written directive concerning policies, procedures, and rules for department personnel which must be approved by the governing body of the municipality (Arkansas Code Annotated 14-51-302). A “Policy, Procedure, & Rule” is an overall plan that embraces the general goals and acceptable procedures of the department often for specific topic areas. It maintains an outline format and is chronological in number sequence and by topic area [CALEA 12.2.1 d., f., g.]. 2. A "General Order" is a written statement defining in more specific terms the procedures for day-to-day operation of the department. General Orders are approved and issued by the Chief of Police as necessary for maintaining an efficient operation. General Orders are intended to greatly benefit an officer by giving more specific details for a particular subject but maintain the spirit of the more formal Policies, Procedures, & Rules which require approval of City Council. A “General Order” maintains an outline format and is chronological in numerical sequence [CALEA 12.2.1 d., h.]. 3. “Memorandums” are written directives issued by the Chief of Police or other supervisors of the police department providing instruction and direction for department personnel. “Memorandums” are written in most cases in narrative format with a standard memorandum heading [CALEA 12.2.1 c., d., h.]. 12.2.1 Polices, Procedures and Rules Development & Review Procedures Page 2 of 3 4. Rules and Regulations are specific guidelines to which all employees must adhere. Rules and regulations are usually part of the City of Fayetteville written directives system [CALEA 12.2.1 g.]. 5. Officers identifying the necessity for changes or additions to policy and general orders shall forward such recommendations through the chain of command to the Administrative Division. 6. The Chief of Police has the authority to issue, modify, or approve policies in order to seek approval by resolution of the City Council and has the authority to issue, modify, or approve general orders [CALEA 12.2.1 b.]. 7. “Policies, Procedures, and Rules” will contain a standardized heading and will include the following sections when applicable [CALEA 12.2.1 d.]: a. Subject line containing policy number and policy title; b. Effective date line containing effective date; c. Reference line for references to include other departmental directives, state law, etc.; d. Version line containing the version number of policy; e. CALEA reference line containing applicable CALEA standard numbers; f. Page number section containing number of pages. 8. “General Orders” will contain a standardized heading section and will include the following sections when applicable [CALEA 12.2.1 d.]: a. General Order Sequential number assigned to the document; b. Subject line including the title of general order; c. Cross-reference line including other directive or law references; d. Date approved by Chief of Police; e. Chief of Police’s typed name and signature. B. The following method will be used for review of newly proposed or revised “Policies, Procedures and Rules” and “General Orders”: 1. The Chief of Police will assign ranking members of the department to policy review that will include the identification of policy needs, writing new policy, updates, indexing, revising, purging archiving, and purging revisions [CALEA 12.2.1 e.]: a. “Policies, Procedures, and Rules” and “General Orders” will be indexed by numeric title and provided subject titles as well. Each type will be maintained in their system. An index will be maintained for personnel to locate documents by subject type. b. The department recognizes revising is necessary to the written communication system. Revisions that are identified as necessary are required to go through the same procedures for completion as are required for new documents. c. The department recognizes archiving is necessary to the written communication system to ensure access to previous versions which may be required to address complaints or litigation from the time period the directive was in effect. Documents that have been revised or are no longer needed will be removed from the written communication system and archived electronically. 12.2.1 Polices, Procedures and Rules Development & Review Procedures Page 3 of 3 d. The department recognizes updating is necessary to the written communication system. Written communications that become obsolete and cannot be revised will be formally purged from our system. (1) “Policies, Procedures, and Rules” identified to be purged will be approved by the Chief of Police and then also approved by the governing body of the municipality. (2) “General Orders” identified to be purged will be approved by the Chief of Police. e. The department recognizes revising is also necessary to the written communication system. Revisions that are identified as necessary are required to go through the same procedures for completion as are required for new documents. 2. The ranking members assigned to policy review will analyze and research policy needs to ensure policies meet all governing standards, suit the operations of this department, and do not contradict other agency directives or law [CALEA 12.2.1 i.]. 3. The following shall have the opportunity to review new or updated policies, procedures, and rules and provide feedback prior to approval by the City Council: a. Mayor; b. City Legal Staff; c. All employees of the department. C. Dissemination and Storage of Policies and General Orders [CALEA 12.2.2] 1. The department's written policies and general orders will be stored in the agency's policy management software system [CALEA 12.2.2 b.]: a. The agency's policy management software system will be accessible to all personnel. b. Hard copies of the entire computer manual will be placed in Administration and in the officers' squad room. c. The manual will be kept up to date regarding any changes that are made in policies or general orders by the Administrative Services Captain or his/her designee. d. The dissemination of existing, new, and newly revised directives to all personnel will be accomplished through the agency's policy management software system [CALEA 12.2.2 a.]. e. The policy management software system will log receipt and review of disseminated directives [CALEA 12.2.2 c.]. 41.1.1 Patrol Page 1 of 5 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 41.1.1 Patrol Effective Date: August 28, 2020 Reference: 41.2.17, 41.3.5, 1.2.2, G.O. #24 Version: 7 8 CALEA: 41.1.1, 41.1.2, 81.2.4, 11.4.5, 41.2.1, 41.2.4 No. Pages: 5 6 I. PURPOSE The purpose of this directive is to state policies relating to the organization, administration, and operations of the patrol component of the Fayetteville Police Department (FPD). II. POLICY The patrol function is a primary law enforcement responsibility and embraces much more than the act of patrolling. It is a generalized service in which officers engage in a wide variety of activities to include, but not limited to, enforcing traffic/criminal laws, apprehending criminals, responding to calls for service, crime prevention, accident investigation, conducting preliminary and follow-up investigations, community relations, maintenance of public order, etc. It is the policy that the Fayetteville Police Department FPD shall be available for public service and emergency calls 24 hours a day, each day of the week [CALEA 41.1.1a]. A. ORGANIZATION AND ADMINISTRATION 1. Patrol Performance a. The Chief of Police shall be responsible for reviewing annual patrol performance measures. b. These performance measures must be attainable, quantifiable, and measurable. 2. The Chief of Police will be responsible for establishing procedures to ensure positive communication between patrol and other divisions and programs within the department. 3. Officer Assignment a. The Chief of Police will be responsible for assigning officers to a shift patrol squad [CALEA 41.1.1 b]. b. The assignment will be based on a uniform procedure to ensure impartiality in the decision-making process. c. Officers within the Patrol Division will participate in an annual shift bid process to more evenly distribute training, skills, and experience across patrol squads. (1) All sworn members below the rank of sergeant assigned or transferring to the Patrol Division shall participate in the shift bid. 41.1.1 Patrol Page 2 of 5 (2) Sworn supervisors will continue to be placed as they are directed by the Chief of Police. d. The annual shift bid process will utilize the following guidelines [CALEA 41.1.1 b, c]: (1) Shift bid documents shall be distributed to personnel through the Patrol Division lieutenants and officers shall return the completed documents to the lieutenants on or before the deadline established by the Patrol Captain. (2) The bid will be seniority-based. (3) When possible, a minimum of four senior officers, defined as an officer having 5 years or more with FPD, will be assigned to each day and night shift patrol squads. a. If the four senior officer positions are not voluntarily filled during the bid process, senior officers will be selected and assigned to patrol squads by the Chief of Police or his/her designee. Senior officers in this process are defined as officers with a minimum of five years of experience with the FPD or as defined by the chief of police as of the established bid deadline established by the Patrol Captain. If the four slots per squad are not filled through the bid process, senior officers with the least seniority with the department will be assigned to the night shift squads. b. If any of the senior officers assigned to the night shift squads leave the department or are assigned to a different division before the deadline established by the Patrol Captain, the next senior officer with the least seniority will be moved to the night shift. If a senior officer assigned to a squad leaves the department after the shift bid process is complete, squad assignments will remain as posted. c. Once assignments are set, they will remain in effect until the next shift bid process. On occasion, officers may be moved throughout the year when there is a specific need to improve the efficiency of the department, as deemed necessary by the Chief of Police or his/her designee. d. Officers assigned to the Patrol Division after the shift bid process will be placed where staffing is needed until the next annual shift bid process. e. Senior officers rotating to the Patrol Division after the shift bid process will be assigned at the discretion of the Chief of Police who will give consideration to seniority. e. Supervisors assigned to the Patrol Division will make day-to-day decisions pertaining to patrol shift scheduling to include [CALEA 41.1.1 c]: f. Patrol shift supervisors scheduling responsibilities include: (1) Beat assignment and beat rotation schedules [CALEA 41.1.1 d, e]. (2) Scheduling to Eensuringe sufficient personnel are available for daily assignment to meet prescribed minimum staffing levels. (3) Anticipating pre-planned major events and ensuring availability of personnel required. (4) Monitoring and minimizing overtime expenditures. 41.1.1 Patrol Page 3 of 5 (5) Coordinating officers’ attendance at training, meetings, court, etc. g. The shift supervisor(s) will be responsible for field operations. h. When determining scheduling for patrol officers and first line supervisors, daily workload requirements, maximum coverage and departmental needs take priority over personal preference [CALEA 41.1.1 f]. 4. Roll Call and Briefing a. Officers shall attend roll call and briefing at the beginning of each shift until released by the shift supervisor. Shift roll call/briefing shall include [CALEA 41.1.2]: 1) Briefing officers with information regarding daily patrol activity, with particular attention given to unusual situations and changes in the status of wanted persons, stolen vehicles, and major investigations; 2) Notifying officers of potential and actual police hazards in the area; 3) Notifying officers of changes in schedules and assignments; 4) Notifying officers of new or revised policies, procedures, rules and general orders; and 5) Evaluating officer readiness to assume patrol (uniform, equipment, vehicle, etc.). 5. The number of units assigned to a call is determined by the specific elements that, by their presence or absence may affect the severity of the incident and the type of response to properly conclude the incident. The number of units normally assigned to a call has been predetermined and programmed into the CAD system as a guideline to follow. 6. Response to some calls may require additional officers in order to deal effectively with the incident. Officers and supervisors may request more or fewer units at their discretion. The Chief of Police and/or his designee will determine these calls. Examples include, but are not limited to [CALEA 81.2.4 e.]: a. An assault/battery on an officer; b. On-scene arrest for a felony or violent misdemeanor; c. Resistance to arrest; d. Use of force; e. A serious crime in progress; or f. A fleeing suspect. Central Dispatch Center shall ensure the dispatch of two officers to these call types where appropriate and patrol supervisors have the authority to increase/decrease the number of officers responding to any incident. When necessary, officers should request back-up assistance, and when possible, responding officers should coordinate their simultaneous arrival. 7. The following responses require the presence of a patrol supervisor at the scene for the purpose of assuming command. These include, but are not limited to [CALEA 81.2.4 f.]: a. Critical incident requiring scene organization; b. Confirmed armed robbery with ensuing investigation; c. Major events or multi-faceted special event; d. Officer involved death or serious injury investigation. 41.1.1 Patrol Page 4 of 5 8. The Chief of Police shall determine what calls do not require the dispatch of an officer and can be effectively handled by receiving information through an alternative method (telephone, on-line, etc.). 9. The Chief of Police shall be notified through the chain of command immediately of the following types of incidents: a. Serious injury to police officer. b. Accident involving police vehicle where an officer or citizen is injured, or major property damage is involved. c. Major crimes to include murder, bank/store robbery, prisoner escape, or any heinous crime. d. Barricaded/hostage situation. e. Disasters or catastrophes. f. Serious complaint or incident involving an officer. g. Fatality accidents. h. Any incident where there may be a question of the department’s liability or which may result in a heightened community interest [CALEA 11.3.3]. 10. Incidents of a less serious nature shall be reported through the chain of command as directed. B. OPERATIONS 1. Preliminary and Follow-up Investigations. Preliminary investigation is a matter of routine for patrol officers. Follow-up investigations may be done at the officer’s initiation or supervisor direction. Follow-up investigations on certain crimes may be coordinated and/or conducted by investigative personnel as determined by a supervisor. 2. An emergency mode of operation with emergency lights and siren activated may be used when responding to the following listed emergencies. Officers may exceed the speed limit, proceed with caution through stop signs and red lights, and may disregard other traffic laws when done safely in response to the following listed emergencies [CALEA 41.2.1]: a. Authorized pursuits b. Aggravated assault in progress c. Rape in progress d. Armed robbery in progress e. Kidnapping in progress f. Injury accident g. Routine or emergency calls when traffic congestion prevents response. h. Officer in need of assistance i. Any other serious incident or with supervisor authorization This exemption shall not relieve any officer of an authorized emergency vehicle from the lawful responsibility to drive with due regard for the safety of all persons, nor shall it protect the officer from the consequence of a reckless disregard for the safety of others. If an officer is driving in emergency mode, lights and siren must be used in accordance with state law. 41.1.1 Patrol Page 5 of 5 3. In the course of routine patrol and in response to non-emergency calls, officers will operate their vehicles without the use of emergency lights or siren. 4. Officers assigned to patrol must understand, as first responders, they may find themselves on many occasions at scenes where they need to make additional notifications to personnel or agencies with specific expertise and/or authority [CALEA 41.2.4]: a. Officers of the Fayetteville Police Department FPD are expected to make logical decisions in this area and fully consider various types of notifications that may need to be made for safety as well as case or investigation preservation and purposes. b. In cases of death response/investigation, officers with the assistance of dispatch should notify the shift supervisor, detective supervisory personnel, and the coroner's office. c. In incidents where medical treatment is warranted, officers should ensure Emergency Medical Services personnel are notified. Officers should follow the Secondary Emergency Notification of Dispatch SEND protocol: (1) Provide the chief medical complaint and incident type and number of persons injured. (2) Provide the approximate age of patient(s). (3) Provide whether patient is conscious and alert. (4) Provide if the patient is breathing and if so, is breathing with difficulty. (5) Provide if the patient is experiencing chest pain. (6) Provide if the patient is experiencing severe bleeding. d. When encountering uncontrolled fires, officers should immediately ensure Fayetteville Fire Department is notified for response. e. In cases where public utilities have been disturbed, officers should request dispatch assist them in making the proper notifications to public utilities personnel. f. Officers must communicate with their supervisors during incidents in which information should be provided to the news media, to include incidents requiring major road closings, large area evacuations, and for providing suspect information that is advantageous or required for an investigation. Such media disclosures should be channeled through the Public Information Officer (PIO) as directed in Fayetteville Police Policy 54.1.1 (Public Information Policy). Policy 54.1.1 also governs routine news media inquiries that may be handled by shift supervisors. g. In cases involving crimes in other jurisdictions, officers shall be responsible for making prompt notification to the appropriate law enforcement agency. Officers shall also be responsible for applicable reports or documentation. 5. Field Interviews/Intelligence Reports: Patrol personnel will document all field interviews/intelligence reports to provide other officers and detectives with information concerning suspicious persons (See Fayetteville Police Policy 1.2.2 Warrantless Detention, Search and Seizure). 6. Officer Access to Radio Communications a. When possible, all patrol officers shall be equipped with a portable radio and/or a mobile radio unit. b. Patrol officers shall give their badge number as their unit number in radio communications. 41.1.1 Patrol Page 6 of 5 c. Patrol officers shall utilize the appropriate 10-code, signals and dispositions in keeping each other, supervisors, and dispatchers informed of locations, the nature or status of a call, and developments in an investigation. d. When working with other departments on an incident, officers should refrain from using 10-codes and should use plain language. 7. Uniforms: Refer to 41.3.5 Grooming and Uniform Requirements. 8. Specialized Assignments: Fayetteville Police Department FPD recognizes the need to staff specialized units which provide a supportive function to the patrol division. a. An announcement shall be made and posted to all personnel when an opening occurs to a specialized unit. b. The announcement will contain requirements and criteria for personnel to be appointed to the specialized unit. c. The announcement will describe the selection process to be used for appointment to the specialized unit. d. The following are specialized units within the department: 1) Detective Investigation Units 2) Emergency Response Team 3) Crisis Negotiation Team 4) Canine Officer 5) Entertainment District Unit 6) Bicycle Patrol Parks and Trails Unit 7) Motorcycle Patrol Unit 8) School Resource Officer Unit 9) Field Training Officer 10) Community Oriented Policing Unit 11) Training Division Unit 12) Warrants Division Unit 13) Peer to Peer Support Program 14) Crisis Intervention and Response Team e. In the limited circumstances where a specialized assignment needs to be filled immediately, the chief of police or his designee can appoint personnel to any of these assignments. 9. Canine, motorcycle and bicycle units: The canine, motorcycle and bicycle units provide a specialized, supportive function to patrol units. 41.2.5 Missing Persons Page 1 of 8 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 41.2.5 Missing Persons Effective Date: October 30, 2020 Reference: G.O. #24, #25, 42 USC 5779 (c)34 USC 41307 (a), ACA 12-12-110, ACA 12-12-205, 44.1.1 Version: 2 3 CALEA: 41.2.5, 41.2.6 No. Pages 8 I. PURPOSE The purpose of this policy is to establish guidelines and responsibilities regarding this agency’s response to reports of missing and unidentified persons and missing children investigations. II. DEFINITIONS 1. The term missing adult refers to a person who is: a. Twenty-one (21) years of age or older; b. Whose residence is in Arkansas or is believed to be in Arkansas; and c. Who has been reported to a law enforcement agency as missing under circumstances indicating that: (1) The individual has a physical or mental disability as evidenced by written documentation; (2) The individual is missing under circumstances indicating that the disappearance was not voluntary; (3) The individual is missing under circumstances indicating that the individuals safety may be in danger; or (4) The individual is missing as a result of a natural or intentionally caused catastrophe. 2. The term missing child refers to a person who is: a. Younger than twenty-one (21) years of age; and b. Whose residence is in Arkansas or is believed to be in Arkansas; and c. Whose location is unknown or who has been taken, enticed, or kept from any person entitled by law or a court decree or order to the right of custody. d. Whose whereabouts are unknown to his or her custodial parent, guardian, or responsible party 3. The term risk factors refers to a missing child who is: a. 13 years of age or younger; or (1) This age was designated because children of this age group have not established independence from parental control and do not have the 41.2.5 Missing Persons Page 2 of 8 survival skills necessary to protect themselves from exploitation on the streets. b. Believed or determined to be experiencing one or more of the circumstances noted below: (1) Is out of the zone of safety for his or her age and developmental stage. a) The zone of safety will vary depending on the age of the child and his or her developmental stage. In the case of an infant, for example, the zone of safety will include the immediate presence of an adult custodian or the crib, stroller, or carriage in which the infant was placed. For a school-aged child the zone of safety might be the immediate neighborhood or route taken between home and school. (2) Has a mental or behavioral disability, or a medical condition. If the child is developmentally disabled or emotionally/behaviorally challenged, he or she may have difficulty communicating with others about needs, identity, or address. The disability places the child in danger of exploitation or other harm. Special considerations should be given to missing persons with autism spectrum disorders in that they are known to be drawn to bodies of water and areas of high vehicular traffic. (3) Is drug dependent, including prescribed medication and/or illegal substances, and the dependency is potentially life-threatening. a) Any drug dependency puts the missing child at risk. The diabetic or epileptic child requires regular medication or his or her condition may become critical. The abuser of illegal drugs, on the other hand, may resort to crime or become the victim of exploitations. (4) Has been absent from the home for more than 24 hours before being reported to law enforcement as missing. a) While some parents may incorrectly assume 24 hours must pass before law enforcement will accept a missing-person case, a delay in reporting might also indicate the existence of neglect, abuse, or exploitation within the family. (5) Is in a life-threatening situation. a) The environment in which the child is missing may be particularly hazardous. Examples of a dangerous environment could be a busy highway for a toddler, an all-night truck stop for a teenager, or an outdoor environment in inclement weather for a child of any age. (6) Is in the company of others who could endanger his/her welfare. a) A missing child in such circumstances is in danger not only of sexual exploitation, but also of involvement in criminal activity such as burglary, shoplifting, and robbery or other violent crimes. (7) Is absent in a way inconsistent with established patterns of behavior and the deviation cannot be readily explained. a) Most children have an established and reasonable predictable routine. Significant, unexplained deviations from that routine increase the probability of risk to the child. (8) Is involved in a situation causing a reasonable person to conclude the child should be considered at risk. 41.2.5 Missing Persons Page 3 of 8 a) Significant risk to the child can be assumed if investigation indicates a possible abduction, violence at the scene of abduction, or signs of sexual exploitation. 4. The term Unidentified person refers to a person who is: a. Living or deceased; and b. Unidentified after all available methods used to identify a person have been exhausted; or c. A decedent released to the State Crime Laboratory in which the identity of the decedent cannot be established to the satisfaction of the State Medical Examiner. III. POLICY This policy will define protocols in response to missing persons and will also define protocol required in missing children investigations. IV. MISSING AND OR UNIDENTIFIED PERSONS A. Officers Sworn employees responding to an investigation of missing and unidentified persons will shall apply the following protocol [CALEA 41.2.5] [CALEA 41.2.6 e.]: 1. If the missing person is determined to be a child, elderly [age 65 or older or an Alzheimer's/Dementia patient(s)] or disabled, the officer sworn employee shall notify the a sworn supervisor and follow the guidelines set forth in Fayetteville Police Department (FPD) General Order 24 (Standard Operating Procedure for A Child is Missing) and General Order 25 (Standard Operating Procedure for Morgan Nick Amber Alert System) if applicable [CALEA 41.2.5 g.] [CALEA 41.2.6 b.]. 2. In cases of missing persons where foul play is suspected, the officer sworn employee shall report this information to his/her supervisor who shall make notification to a supervisor of the Criminal Investigation Division (CID) [CALEA 41.2.5 g]. 3. For all types of missing and unidentified person reports, officers sworn employees will investigate without delay. These include at risk persons, missing adults, and missing children. The responding officer sworn employee shall gather investigative information and a detailed description of the missing person and initiate the notification process through the Arkansas Crime Information Center/National Crime Information Center (ACIC/NCIC)NCIC/ACIC. The officer sworn employee shall immediately report that information to the Central Dispatch Center (CDC). The Central Dispatch Center CDC shall immediately enter or notify the Records Division to enter the missing person into the Arkansas Crime Information Center/National Crime Information Center (ACIC/NCIC). Upon locating the missing person, officers sworn employees are responsible for providing the details of location the recovery to Central Dispatch Center CDC for deletion from ACIC/NCIC. The Central Dispatch Center CDC shall notify the 41.2.5 Missing Persons Page 4 of 8 Records Division to remove located persons from ACIC/NCIC [CALEA 41.2.5 a., b., c.]. 4. Follow up investigation will be conducted by patrol and/or investigative personnel when necessary [CALEA 41.2.5 e., f..]. Follow-up contact with the reporting person(s) is recommended after the initial reports and searches are made and later during investigation. This will keep the reporting person(s) informed and will provide the police investigation with any necessary updates [CALEA 41.2.5 e.]. 5. In each reported missing person report situation, officers sworn employees and their supervisors will make a determination as to what type of field search effort will be undertaken. Requests for additional resources or coordination with other agencies may be necessary. Factors to be considered in this determination include: a. Length of time that has passed since the disappearance; b. Age and mobility of the missing person; c. Physical/Mental disabilities, infirmity and/or need for medication; and d. Suspicious circumstances to include foul play suspected. 6. Types of searches that may be used include, but are not limited to [CALEA 41.2.5 f.]: a. At the time of report, officers Searches should shall always begin with a search of the missing person's residence, vehicles, and surrounding area. Children in particular may be hiding or have gone unnoticed inside the residence, vehicles, or surrounding areas; b. Door-to-door (foot search making contacts with residents/passers-by); c. Neighborhood canvas (larger scale foot and vehicle search); and d. Use of canine. 7. The supervisor will ensure the following information is collected, if known, and broadcasted [CALEA 41.2.5 a. b.]: a. Full Nname (first, middle, and last), race, sex, and date of birth; b. Physical description; c. Clothing description; d. Physical/Mental disabilities; e. Unusual circumstances; and f. Vehicle information. V. Missing Children MISSING OR UNIDENTIFIED CHILDREN A. It shall be the policy of this agency to thoroughly investigate all reports of missing children, including runaway, abandonment, abducted, unidentified children, or missing for other reasons. Additionally, every child reported missing to this agency will be considered at risk until significant information to the contrary is confirmed [CALEA 41.2.6 a.]. 1. Actions upon determination of risk factors: a. If it is determined risk factors are involved in the report of a missing child, the child will be considered at risk, and an expanded investigation, including the use of all appropriate resources, will immediately commence. 41.2.5 Missing Persons Page 5 of 8 (1) While all missing-child incidents should be thoroughly investigated, those involving risk factors indicate a heightened likelihood of danger to the child and, therefore, require an intensive response. b. Existing interagency response protocols and community notification methods, if available and appropriate, will be activated [CALEA 41.2.5 d. and 41.2.6 d.]. Community notification methods include: (1) A Child Is Missing (ACIM); (2) Morgan Nick Amber Alert System; and (3) FPD social media platforms. B. Jurisdictional conflicts are to be avoided when a child is reported missing. If a missing child either resides in, or was last seen in this jurisdiction, this agency will immediately initiate the required reporting process. If a child resides in this jurisdiction and was last seen in another jurisdiction, but the law-enforcement agency covering that jurisdiction chooses not to take a missing-child report, this agency will assume reporting and investigative responsibilities. A supervisor will be notified of cases involving jurisdictional conflicts [CALEA 41.2.6 c.]. C. Questions concerning parental custody occasionally arise in relation to missing- child reports. It shall be the policy of this agency to accept the report of a missing child even if custody has not been formally established. Reporting parties shall be encouraged to obtain legal custody as soon as possible; however, since the safety of the missing child(ren) is paramount, members of this agency will open a case when it can be shown the child has been removed, without explanation, from his or her usual place of residence. If custody has not been established by the Court, then the law enforcement responsibility is to ensure the child is safe only. D. Officers Sworn employees who encounter unidentified children shall make every attempt to identify the child and locate his/her parent or guardian. Officers Sworn employees must be alert to any evidence suggesting the child is the victim of a crime and take steps necessary to protect and secure any area identified as a potential crime scene. Officers Sworn employees should notify the Central Dispatch Center CDC and provide a complete description of the child. Officers Sworn employees shall notify the supervisor on duty of the circumstances surrounding the unidentified child. It shall be the responsibility of the on-duty supervisor to determine if the Criminal Investigation Division CID is to be notified. When officers sworn employees identify the child, officers sworn employees shall determine if the child is entered as missing in ACIC/NCIC records, and if so, officers sworn employees should ensure the entry is revised to reflect the recovery of the child. When the parent or guardian is identified and located, officers sworn employees shall investigate to determine the facts and circumstances to determine if it is safe to release the child to the parent or guardian. Officers Sworn employees shall submit a report documenting any encounter with unidentified children. Children who remain unidentified, alive or deceased, shall be entered into the ACIC/NCIC Unidentified Persons File by Central Dispatch Center the CDC or Records Personnel. 41.2.5 Missing Persons Page 6 of 8 E. DEFINITIONS 1. The term missing child refers to a person who is: a. Younger than 21 eighteen (18) years of age; and b. Whose residence is in Arkansas or is believed to be in Arkansas; and c. Whose location is unknown or who has been taken, enticed, or kept from any person entitled by law or a court decree or order to the right of custody. d. Whose whereabouts are unknown to his or her custodial parent, guardian, or responsible party 2. A missing child will be considered at risk when one or more of the risk factors are present. 3. Risk Factors refer to a missing child who is: a. 13 years of age or younger; or (1) This age was designated because children of this age group have not established independence from parental control and do not have the survival skills necessary to protect themselves from exploitation on the streets. b. Believed or determined to be experiencing one o r more of the circumstances noted below: (1) Is out of the zone of safety for his or her age and developmental stage. b) The zone of safety will vary depending on the age of the child and his or her developmental stage. In the case of an infant, for example, the zone of safety will include the immediate presence of an adult custodian or the crib, stroller, or carriage in which the infant was placed. For a school-aged child the zone of safety might be the immediate neighborhood or route taken between home and school. (2) Has a mental or behavioral disability, or a medical condition. If the child is developmentally disabled or emotionally/behaviorally challenged, he or she may have difficulty communicating with others about needs, identity, or address. The disability places the child in danger of exploitation or other harm. Special considerations should be given to missing persons with autism spectrum disorders in that they are known to be drawn to bodies of water and areas of high vehicular traffic. (3) Is drug dependent, including prescribed medication and/or illegal substances, and the dependency is potentially life-threatening. b) Any drug dependency puts the missing child at risk. The diabetic or epileptic child requires regular medication or his or her condition may become critical. The abuser of illegal drugs, on the other hand, may resort to crime or become the victim of exploitations. (4) Has been absent from the home for more than 24 hours before being reported to law enforcement as missing. b) While some parents may incorrectly assume 24 hours must pass before law enforcement will accept a missing-person case, a delay 41.2.5 Missing Persons Page 7 of 8 in reporting might also indicate the existence of neglect, abuse, or exploitation within the family. (5) Is in a life-threatening situation. b) The environment in which the child is missing may be particularly hazardous. Examples of a dangerous environment could be a busy highway for a toddler, an all-night truck stop for a teenager, or an outdoor environment in inclement weather for a child of any age. (6) Is in the company of others who could endanger his/her welfare. b) A missing child in such circumstances is in danger not only of sexual exploitation, but also of involvement in criminal activity such as burglary, shoplifting, and robbery or other violent crimes. (7) Is absent in a way inconsistent with established patterns of behavior and the deviation cannot be readily explained. b) Most children have an established and reasonable predictable routine. Significant, unexplained deviations from that routine increase the probability of risk to the child. (8) Is involved in a situation causing a reasonable person to conclude the child should be considered at risk. b) Significant risk to the child can be assumed if investigation indicates a possible abduction, violence at the scene of abduction, or signs of sexual exploitation. 4. Actions upon determination of risk factors. a. If it is determined risk factors are involved in the report of a missing child, the child will be considered at risk, and an expanded investigation, including the use of all appropriate resources, will immediately commence. (1) While all missing-child incidents should be thoroughly investigated, those involving risk factors indicate a heightened likelihood of danger to the child and, therefore, require an intensive response. b. Existing interagency response protocols and community notification methods, if available and appropriate, will be activated [CALEA 41.2.5 d. and 41.2.6 d.]. F. PROCEDURES Central Dispatch Center 1. Central Dispatch Center CDC personnel receiving the report of a missing child shall [CALEA 41.2.6 e.]: a. Immediately dispatch an officer sworn employee to the scene of the report. b. Notify a sworn supervisor [CALEA 41.2.6 b.]. c. Determine the correct NCIC Missing Person File category. Notify the Records Division to initiate the immediate entry into the NCIC Missing Person File. (1) CDC personnel shall initiate the immediate entry into the NCIC Missing Person File during the hours the Records Division is not staffed. 41.2.5 Missing Persons Page 8 of 8 (2) CDC shall make the entry of the missing child into the National Missing and Unidentified Persons System (NamUS) during the hours the Records Division is not staffed. d. Transmit the appropriate radio alerts and other notifications [CALEA 41.2.6 c.]. e. Search agency records for related information, specifically any records such as those pertaining to the family, the place where the child was last seen, and the child’s residence. (1) It is essential for responding officers sworn employees to know if the child or family has been the subject of previous reports that might have a bearing on this incident. Records should also be reviewed to learn if any incidents have been reported in the area. f. Safeguard all pertinent records. (1) Central Dispatch Center CDC personnel should also ensure records of all communication related to this incident, such as phone conversations with the reporting party and witnesses, including written notes regarding the discussion, radio broadcasts, and all subsequent notifications, are safeguarded for future investigative reference. Patrol 1. The initial officer sworn employee assigned to the report of a missing person shall [CALEA 41.2.6 e.]: a. Respond promptly to the scene of the report activating all available video equipment. b. Interview the parent(s) or person who made the initial report. c. Confirm the child is in fact missing, and determine if circumstances of the report meet the definition of a missing child as set forth in Section E. (1) First responders should never assume searches conducted by distraught parents or others have been performed in a thorough manner. Another check of the scene should be made and include places where children could be trapped, asleep, or hiding. Note: A search of the home, vehicles, and surrounding area should be conducted even if the missing child was last seen elsewhere. d. Obtain a detailed description of the missing child including photo(s) and videos. e. Verify the child’s custody status. f. Identify the circumstances of the missing episode. g. Determine when, where, and by whom the missing child was last seen. h. Interview the individual(s) who last had contact with the missing child. i. Identify the missing child’s zone of safety for his or her age and developmental stage and any special need considerations, i.e. autism, medical needs, etc. j. Obtain a description of the suspected abductor(s) and other pertinent information. k. Provide detailed descriptive information to Central Dispatch Center CDC personnel for broadcast updates [CALEA 41.2.6 c.]. l. Identify and separately interview everyone at the scene. 41.2.5 Missing Persons Page 9 of 8 m. Conduct an immediate, thorough search of the scene, including all nearby bodies of water. n. Seal/protect scene, area of child’s home, and areas of interest as potential crime scenes. Extend search to surrounding areas and vehicles including those that are abandoned and other places of concealment such as abandoned appliances, pools, wells, other bodies of water, sheds, or other areas considered “attractive nuisances.” o. Inquire if the child has access to the Internet, cell phone, and/or other communications device. If so, have CDC initiate a ping on the device if possible. p. It shall be the responsibility of the primary sworn employee assigned to the missing child report to collect records of all communications (CDC, Records Division, supervisors, etc.) related to this incident, such as phone conversations with the reporting party and witnesses, including written notes regarding the discussion, radio broadcasts, and all subsequent notifications. The records shall be submitted as evidence according to agency procedures. q. Prepare and complete all necessary reports and forms. 2. The supervisor assigned to the report of a missing child shall [CALEA 41.2.6 e.]: a. Conduct a briefing and obtain any documentation collected from the first responder(s) and other agency personnel at the scene. b. Determine if additional personnel and resources are needed to assist in the investigation. c. Activate existing interagency response protocols and community notification methods, if available and appropriate. See General Order 24 and General Order 25. d. Establish a command post. e. Organize and coordinate search efforts. f. Ensure all required notifications have been made [CALEA 41.2.6 c.]. (1) Because Ddissemination of information is an integral part of the search for a missing child, the supervisor should ensure all officers sworn employees, other departments and agencies, and all investigative networks are supplied with accurate details. Prepare a flier/bulletin with the child/abductor’s photo and description. Distribute in appropriate geographic regions. Note: NCMEC is able to assist with this step. g. Establish a liaison with the victim’s family. h. Confirm all agency policy policies and procedures are observed. i. Manage media (television, print, social, etc.) relations utilizing the Public Information Officer when necessary. Records 1. Records Division personnel receiving the report of a missing child shall [CALEA 41.2.6 e.]: a. Determine the correct NCIC Missing Person File category and enter the missing child into ACIC/NCIC. 41.2.5 Missing Persons Page 10 of 8 b. Make entry into NamUS. c. Notify the CDC the missing child has been entered so that the image can be attached to the entry in ACIC/NCIC and sent out to responding sworn employees. d. Electronically notify CID supervisors of the missing child entry. e. Send notification letters within five (5) days of the child being missing to the school district the child attends and the Division of Vital Records. Investigations 2. The investigator assigned to the report of a missing child shall [CALEA 41.2.6 e., f.]: a. Obtain a briefing from agency personnel at the scene. b. Verify the accuracy of all descriptive information. c. Initiate a neighborhood investigation. (1) Ensure responding officers sworn employees have initiated or completed a thorough canvass of the neighborhood. d. Obtain a brief history of recent family dynamics. e. Explore the basis for any conflicting information. f. Complete all remaining key investigative and coordination steps. g. Activate existing interagency response protocols and community notification methods, if available and appropriate. See (General Orders 24) (General Order and 25). h. Implement effective case management. i. Evaluate the need for additional resources and specialized services. (1) Investigators should be aware of the input obtainable from resources such as the FBI; NCIC; missing-children clearinghouses; and NCMEC, in particular Team Adam, which is a rapid-response team of experienced, retired law-enforcement investigators. j. Update descriptive information. k. Monitor media relations. l. Manage media (television, print, social, etc.) relations utilizing the Public Information Officer when necessary. m. Initiate the input of all required NamUS data (See ACA 12-12-110) within 30 days, if possible. 3. An officer sworn employee assigned to the report of an unidentified person, whether living or deceased, who appears to be a child, shall: a. Obtain a complete description. b. Notify the CDC or Records Division to Eenter the unidentified child’s description into the NCIC Unidentified Person File. c. Use all available resources to aid in identification of the child. (2) NCMEC’S Forensic Services Unit; NamUs (National Missing and Unidentified Persons System); missing-children clearinghouses; and other professionals, such as medical examiners, may be of assistance in this identification. d. Cancel all notifications after identification is confirmed. 41.2.5 Missing Persons Page 11 of 8 G. An officer assigned to the rRECOVERY OR RETURN OF A MISSING CHILD shall [CALEA 41.2.6 f.]: 1. A sworn employee shall: a. Verify the located child is, in fact, the reported missing child. b. Conduct an interview with the child to determine the health and welfare of the child or any victimization which may have occurred. (1) A CID supervisor should be contacted if it is determined the missing child was a victim of or participated in a crime(s). c. Secure intervention services, if appropriate. d. Contact, or arrange for the parent or legal guardian to be notified of the child’s recovery. e. Make an attempt to arrange the return of the child to his or her legal guardian. If unable to make immediate arrangements for return of the child, the Arkansas Department of Human Services should be contacted for assistance; or, f. If appropriate, place the child in custody and transport him or her to the appropriate facility for admission in the case of a runaway from another jurisdiction or from out-of-state who has been located and for whom a warrant exists or for whom an NCIC missing-person “hit” is verified. g. Complete the appropriate supplemental reports and cancel all outstanding notifications. 2. An officer The sworn employee assigned to the report of an unidentified person child, whether living or deceased, who appears to be a child, shall: a. Obtain a complete description; b. Notify the CDC or Records Division to Eenter the unidentified child’s description into the NCIC Unidentified Person File; c. Use all available resources to aid in identification of the child; (1) NCMEC’S Forensic Services Unit; NamUs (National Missing and Unidentified Persons System); missing-children clearinghouses; and other professionals, such as medical examiners, may be of assistance in this identification; and d. Cancel all notifications after identification is confirmed. Removal From ACIC 1. A Records Division employee shall: a. Remove the missing child from ACIC/NCIC and NamUS. b. Send a locate letter to the school district and the Division of Vital Records of the Department of Health. c. Electronically notify CID supervisors of the recovery. H. QUALITY ASSURANCE REVIEW 1. Notification of all incidents in which it is determined that a child is actually missing or abducted will be made by the on-duty supervisor to a Criminal Investigation Division CID supervisor for review. 41.2.5 Missing Persons Page 12 of 8 2. A Criminal Investigation Division CID supervisor shall conduct a review to ensure all the appropriate steps and procedures were followed and, if necessary, provide feedback to those involved in the process. 3. The A Criminal Investigation Division CID supervisor will assign a detective to further investigate if necessary. 4. A CDC supervisor shall conduct a review of call taking and dispatching procedures for any actual abduction, as well as pre-determined number of other missing child calls, even if recovered. 41.3.6 Narcotic Overdose Intranasal Naloxone Page 1 of 5 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 41.3.6 Narcotic Overdose Intranasal Naloxone Effective Date: July 18, 2023 Reference: A.C.A 20-13-1804 (Naloxone Access Act), A.C.A 6-18- 723 (Opioid Overdose Rescue Kit – Required) Version: 3 4 CALEA: 17.5.2, 41.2.8 No. Pages: 5 I. PURPOSE The purpose of this policy is to establish guidelines and procedures governing the utilization of intranasal naloxone administered by the Fayetteville Police Department. The objective is to reduce the number of fatalities that occur as a result of opiate overdose and protect police department employees against accidental exposure to opiates by the proper pre-hospital administration of intranasal naloxone. II. DISCUSSION This policy recognizes the Naloxone Access Act (A.C.A. § 20-13-1804), which allows a healthcare professional acting in good faith to directly or by standing order prescribe and dispense an opioid antagonist to a law enforcement officer or agency. It allows a person acting in good faith, who reasonably believes that another person is experiencing an opioid - related drug overdose, to administer an opioid antagonist that was prescribed and dispensed by a healthcare professional under this act [CALEA 41.2.8]. Employees who administer an opioid antagonist under this act are immune from civil liability, criminal liability, or professional sanctions for administering, prescribing, or dispensing an opioid antagonist under this act. III. POLICY Naloxone will only be deployed by Fayetteville Police Department Cardiopulmonary Resuscitation (CPR) certified employees who have successfully completed the Intranasal Naloxone Training program and have become familiar with this policy [CALEA 41.2.8]. Intranasal Naloxone will be used for the treatment of drug overdose victims. When possible, a patrol unit shall be dispatched to any call that relates to a drug overdose. The goal of the responding employee(s) shall be to provide immediate assistance via the use of naloxone where appropriate, to provide any treatment commensurate with their training as first responders, to assist other Emergency Medical Service (EMS) or Fayetteville Fire Department (FFD) personnel on scene, and to handle any criminal investigations that may arise. 41.3.6 Narcotic Overdose Intranasal Naloxone Page 2 of 5 IV. DEFINITIONS A. Opiate: An opiate is a medication or drug that is derived from the opium poppy, or that mimics the effect of an opiate (a synthetic opiate). Opiate drugs are narcotic sedatives that depress the activity of the central nervous system, reduce pain, and induce sleep. Police often encounter opiates in the form of morphine, methadone, codeine, heroin, fentanyl, oxycodone (Oxycontin®, Percocet®, and Percodan®) and hydrocodone (Vicodin®). B. Opioid Antagonist: Any drug that binds to an opioid receptor and blocks or inhibits the effects of opioids acting on the receptor and that is approved by the United States Food and Drug Administration for the treatment of an opioid-related drug overdose. C. Naloxone: Naloxone is an opioid antagonist that can be used to counter the effects of opiate overdose. Specifically, it can displace opioids from the receptors in the brain that control the central nervous and respiratory systems. D. Medical Control Physician: The Medical Control Physician (MCP) shall be a designated Medical Doctor who is licensed to practice medicine in the State of Arkansas. The Fayetteville Police Department shall maintain an affiliation with the MCP. The Chief of Police or his/her designee shall periodically consult with the MCP to review overall training, equipment, procedures, changes to applicable laws and regulations, and/or the review of specific medical cases. At their discretion, the MCP may assist in training members of the Fayetteville Police Department. E. Universal Precautions: Universal precautions shall mean equipment that is provided to employees of the Fayetteville Police Department, which may include but is not limited to nitrile protective gloves, eye protection, respirator masks, and Tyvek® protective suits. V. PROCEDURE When an employee of the Fayetteville Police Department arrives at the scene of a medical emergency before the arrival of EMS and reasonably believes the person is suffering from an opiate overdose, which may be indicated by, but not limited to: A. breathing very slowly or not breathing; B. blue or purplish lips or fingernails; C. limp; D. pinpoint pupils; E. vomiting or gurgling; and/or failing to respond. Employees shall take the following steps when administering intranasal naloxone [CALEA 41.2.8]. 41.3.6 Narcotic Overdose Intranasal Naloxone Page 3 of 5 A. Before assessing a person, universal precautions should be employed by responding employees. B. Employees should conduct a medical assessment of the person to determine if they are possibly encountering an opiate overdose based upon an initial assessment or witness accounts, including statements made by witnesses or family members about drug use. C. If the employee reasonably believes there has been an opiate overdose, the naloxone kit should be used. D. The employee shall use the intranasal mist to administer a four (4) milligram intranasal dose of naloxone to one (1) nostril. E. The employee should observe for 2-3 minutes. If there is no response, administer a second four (4) milligram intranasal dose of naloxone to the opposite nostril for a complete dosage of eight (8) milligrams. F. Employees should be aware that a rapid reversal of an opiate overdose may cause projectile vomiting by the person and/or violent behavior. G. The treated person should continue to be observed and treated as the situation dictates. H. The treating employee shall ensure an EMS response, informing them about the treatment and condition of the person. I. The employee shall only relinquish care once relieved by a person with a higher level of training. Police canines, in the course of their duties, may be exposed to an opiate and experience an overdose. Employees shall take the following steps when administering intranasal naloxone to police canines [CALEA 41.2.8]. A. An employee who reasonably believes a police canine is experiencing an overdose should use a naloxone kit. B. The employee shall use the intranasal mist to administer a four (4) milligram intranasal dose of naloxone to one (1) nostril. C. The employee shall obtain medical treatment for the police canine as soon as possible. VI. REPORTING A. The treating employee shall report each intranasal naloxone deployment to the Criminal Justice Institute’s Naloxone Reporting Tool at the website https://surveys.afmc.org/surveys/?s=MTLY7L93WW. B. The treating employee shall complete a case report of the event before the end of his/her shift. The report shall detail the nature of the incident, the care given, the fact that intranasal naloxone was deployed, and confirmation that the incident was reported to the Criminal Justice Institute. C. The patrol captain will assist the overseeing physician with a review of all overdose reports where intranasal naloxone was used. VII. EQUIPMENT AND MAINTENANCE 41.3.6 Narcotic Overdose Intranasal Naloxone Page 4 of 5 A. School Resource Officers, when working any assignment with students present, shall carry on their person at all times (See A.C.A. 6-18-723 (c)): 1. Narcan; 2. Naloxone; or 3. Another medication approved by the Department of Health and the United States Food and Drug Administration that, when administered, negates or neutralizes, in whole or in part, the pharmacological effects of an opioid in the human body. B. Uniform employees whose normal duties/assignments may require them to respond to overdose incidents shall be required to carry or have immediately available their issued naloxone kit. Uniform employees are exempt from this requirement: 1. By directive from the Chief of Police or his/her designee; or 2. If there is no method to keep the naloxone kits within the required temperature range. These assignments include, but are not limited to, motorcycle patrol, bike patrol, foot patrol, and employees working special events. C. A naloxone kit shall be placed in the Records Division for utilization on people exposed to opiates and showing overdose symptoms. Records Division employees shall notify the Central Dispatch Center (CDC) to ensure an EMS response. D. Evidence Division employees shall keep a naloxone kit accessible in the temperature- controlled areas of the Evidence Division and in the vehicle when transporting evidence. E. Crime scene technicians shall carry a naloxone kit when responding to crime scenes and/or transporting evidence. F. Social service advocates shall carry a naloxone kit when responding to calls for service. G. When conditions exist to keep the naloxone kits within the required temperature range, all other department personnel who are issued naloxone kits shall have their kits immediately available. H. It shall be the responsibility of each employee to inspect their assigned naloxone kit before the start of each shift to ensure the kit is intact. I. If a naloxone kit is damaged, lost, stolen, or defective, the employee shall submit a memorandum through his/her chain of command. J. The Administrative Office of Professional Standards (OPS)/Development Lieutenant will track damaged, lost, stolen, or defective equipment. K. Naloxone kits must not be stored in direct sunlight or in temperatures below 59 degrees Fahrenheit or above 86 degrees Fahrenheit. [CALEA 17.5.2] L. The Evidence Manager will maintain an inventory documenting the quantities and expirations of naloxone replacement supplies, and will keep a log documenting the issuance of replacement units. VIII. REPLACEMENT A. Employees shall email the Evidence Division Manager and their supervisors when a naloxone kit has been used. B. The Evidence Division personnel or a department supervisor will be responsible for replacing naloxone kits that have been used, damaged, lost, stolen, or defective. [CALEA 17.5.2] IX. TRAINING 41.3.6 Narcotic Overdose Intranasal Naloxone Page 5 of 5 A. Employees shall receive a standardized training course with the curriculum approved by the Commission on Law Enforcement Standards and Training (CLEST) developed by the Criminal Justice Institute before being allowed to carry and use naloxone [CALEA 41.2.8]. B. Employees in the Records Division, Evidence Division, crime scene technicians, social service advocates, and all sworn employees shall receive refresher training every two years [CALEA 41.2.8]. C. The Training Division Unit shall develop oversee the naloxone training curriculum, ensure employees are qualified as trained overdose responders, and maintain all trained overdose responder training records [CALEA 41.2.8]. D. Training is mandatory for all sworn personnel, employees assigned to the Records Division, Evidence Division, crime scene technicians, social service advocates, and other employees as directed by the Chief of Police or his/her designee [CALEA 41.2.8]. X. MEDICAL CONTROL PHYSICIAN RESPONSIBILITIES The Medical Control Physician, who must be an Arkansas state-licensed physician, will: A. Provide clinical consultation, expertise, and oversight of medical issues related to the Intranasal Naloxone Program; B. Approve training program content and protocols as needed, in consultation with the Fayetteville Police Department Training Division Unit supervisor [CALEA 41.2.8]; C. Approve and provide ongoing supervision of the trainers; D. Approve affiliated prescribers; E. Review reports of all administration of Intranasal Naloxone with the Fayetteville Police Department patrol captain, as needed, and F. Oversee procurement of naloxone. 42.1.1 Criminal Investigations Page 1 of 6 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 42.1.1 Criminal Investigations Effective Date: October 23, 2020 Reference: 44.1.1, General Order 34 Version: 4 6 CALEA: 42.1.6, 42.1.1 NT, 42.1.3, 82.1.5 NT, 40.2.3, 82.1.1, 42.2.1, 42.2.2 NT, 1.2.3, 42.2.4 NT, 42.2.5 NT, 42.2.8, 55.2.4 NT, 42.2.9 NT, and 42.2.10 NT No. Pages: 6 I. PURPOSE The purpose of this directive is to establish procedures relating to the Fayetteville Police Department's Criminal Investigation function. This policy will provide guidance to both uniformed officers and officers specializing in investigations. II. POLICY A. Administration 1. Fayetteville Police Department will provide and support 24-hour service capabilities for its various criminal investigation functions [CALEA 42.1.1 NT]: a. Supervisors assigned to each criminal investigation function of the police department will manage and maintain call-out protocol to include an on-call investigator duty roster. b. Prior to assignment to an investigative position, officers must understand the importance and necessity of an on-call function and agree and accept their individual role in this function. 2. Fayetteville Police Department will utilize a computerized case file management system to manage reports and investigations [CALEA 42.1.3 a.], [CALEA 82.1.5 NT]: a. Information regarding status of cases will be systematically recorded and updated by employees assigned to the investigative divisions and overseen by investigation supervisors. A system for case status control will include the following [CALEA 42.1.3 a.]: (1) Case Number; (2) Investigator assigned; (3) Date investigator was assigned; (4) Supervisor that assigned case; and (5) Date case was closed. b. Investigators will determine the status of each case [CALEA 42.1.3 b.]: 42.1.1 Criminal Investigations Page 2 of 6 (1) Open/Active- Indicates a report has been submitted and may be, or has been, assigned for investigation. (2) Cleared by Arrest- A suspect has been identified and arrested. (3) Cleared by Exception- Elements beyond law enforcement’s control prevent the agency from arresting and formally charging the offender. The following four conditions must be met in order to clear a case by exception: (a) The offender has been identified; (b) The department has gathered enough evidence to support an arrest, make a charge, and turn over the offender to the court for prosecution; (c) The offender’s exact location has been identified so the suspect could be taken into custody immediately; and (d) Circumstances outside the control of law enforcement prohibit the department from arresting, charging, and prosecuting the offender. (4) Cleared Other- This is worded as “Investigation Complete- Closed” in the case status field. Cases will be deemed as “cleared other” for the following criteria: (a) Case inactivated in that all available leads have been exhausted, but the case has not been brought to a satisfactory conclusion; (b) Warrant requested; (c) Prosecution review; (d) Case sent to other jurisdiction; (e) Clearing death investigations exceptionally where no foul play is suspected. (5) Unfounded- Investigation has determined the offense did not occur. c. Case files should contain preliminary investigative reports, records of statements, results of examinations of physical evidence, case status reports, and other reports needed for investigative purposes [CALEA 42.1.3 c.]. d. Case files will be maintained, updated, and primarily accessed by assigned investigators. Case files must be secured when not in use [CALEA 42.1.3 d.]. e. Case files will only be purged under court order or in compliance with State or Federal guidelines [CALEA 42.1.3 e.]. f. When closed case files are removed from CID for storage purposes, the case files will become the responsibility of the Records Division. The Records Division will maintain the case files in the off-site storage area and will be secured by padlock independent from the overall facility. The key will be maintained by the Records Coordinator and checked out to authorized personnel as needed [CALEA 42.1.3 d.] [CALEA 82.1.1 b.]. 3. The following guidelines will apply to the intelligence function of the Fayetteville Police Department. The intelligence function shall include the collection, processing, and sharing of suspicious incidents and criminal intelligence relating to criminal and homeland security activities [CALEA 40.2.3]: a. The intelligence function of the Fayetteville Police Department will be maintained by the Criminal Investigation Division (CID). The administration of the intelligence function will be overseen by the lieutenant assigned to CID [CALEA 40.2.3 b.]. b. The Fayetteville Police Department expects and requires that all levels of agency personnel value information that may be categorized as intelligence and report such information according to the requirements of this policy. All levels of sworn officers are required to report on intelligence matters to the CID. Non-sworn personnel may seek the assistance of sworn officers to collect and report information, or depending 42.1.1 Criminal Investigations Page 3 of 6 on the circumstances of the reporting person, non-sworn personnel of the police department may collect the information and report it to the CID [CALEA 40.2.3 a.]. c. The Fayetteville Police Department Training Division shall ensure training is provided to all personnel on the collection, processing, and sharing of suspicious incidents and criminal intelligence relating to criminal and homeland security activities. d. The CID lieutenant is responsible for the analysis, security, storage, and dissemination of intelligence information. The CID lieutenant will safeguard the integrity of all intelligence files, ensure that legal requirements are being followed, and ensure the security of these files. Intelligence files will be maintained separately from other agency records to prevent compromise of the integrity of the file system [CALEA 40.2.3 b.]. e. The CID lieutenant will ensure that intelligence information will be limited to criminal conduct and activities presenting a threat to the community. f. Legal and privacy requirements of the intelligence function will be maintained by the CID lieutenant. Intelligence information will only be used for law enforcement purposes but may be used for public safety notification. All department employees are expected to keep intelligence information confidential [CALEA 40.2.3 c.] g. The CID lieutenant will ensure that vital intelligence information is acted upon and successfully disseminated or transferred to corresponding components within the police department and to outside agencies and components where that information is practical, vital, as well as legally required [CALEA 40.2.3 c.]. h. Intelligence information believed to be out of date or incorrect will be purged under the authority of the CID lieutenant [CALEA 40.2.3 d.]. i. An annual review of procedures and processes of the intelligence function will be overseen by the CID lieutenant [CALEA 40.2.3 e.]. B. Operations 1. Officers in every assignment of the department shall value the importance of each investigation. The following steps will be considered in the preliminary investigation and documented when applicable [CALEA 42.2.1]: a. Securing the scene; b. Providing aid, to the extent possible, to the injured; c. Maintaining and protecting the crime scene and arranging for the collection of evidence [CALEA 42.2.1 c.]; d. Observing all conditions, events, and remarks [CALEA 42.2.1 a.]; e. Locating and/or identifying witnesses and suspects [CALEA 42.2.1 b.]; f. Interviewing and obtaining statements from complainants, witnesses, and suspects [CALEA 42.2.1 d.]; g. Determining whether an offense has been committed and the exact nature of the offense; h. Effecting an arrest at the scene or through immediate pursuit of the suspect; i. Furnishing other units with descriptions, method, direction of flight, and other relevant information; j. Accurately recording all pertinent information using prescribed reporting methods. 42.1.1 Criminal Investigations Page 4 of 6 2. The following steps will be considered when conducting follow-up investigations and will be completed when applicable [CALEA 42.2.2 NT]: a. Reviewing and analyzing all previous reports prepared in the preliminary phase, departmental records, and results from laboratory examinations [CALEA 42.2.2 a. NT]; b. Conducting additional interviews and interrogations [CALEA 42.2.2 b. NT]; c. Seeking additional information from uniformed officers and informants [CALEA 42.2.2 c. NT]; d. Planning, organizing, conducting searches, and collecting, preserving, analyzing, and evaluating evidence [CALEA 42.2.2 d. NT]; e. Identifying and apprehending suspects [CALEA 42.2.2 e. NT]; f. Determining suspect involvement in other crimes [CALEA 42.2.2 f. NT]; g. Determining in detail the exact circumstances of the offense; h. Checking suspects' criminal histories [CALEA 42.2.2 g. NT]; i. Recovering stolen property; j. Maintaining contact with case principals [CALEA 55.2.4 NT]; k. Reporting information obtained in investigations in accordance with departmental reporting methods and forward reports to local prosecutor’s office, if required [CALEA 55.2.4 f. NT]; l. Preparing cases for court presentation [CALEA 42.2.2 h. NT]. 3. Officers of the Fayetteville Police Department must understand that persons mus t be afforded certain constitutional rights in respect to interrogation and access to counsel [CALEA 1.2.3 b., c.]: a. Interrogation refers not only to express questioning, but also to any words or actions on the part of the police, other than those normally associated with arrest and custody, that the police should know are reasonably likely to elicit an incriminating response from a suspect. b. When questioning a person in custody, officers shall provide the person with Miranda Rights. (For juveniles, see FPD 44.1.1.) c. Upon a person invoking their right to counsel, officers shall cease any line of questioning relating to an alleged criminal offense. Once a person has invoked his or her right to counsel, an interrogation may proceed only in the following two scenarios: the interrogation is conducted in the presence of an attorney, or the person that has invoked his or her rights makes a self-initiated declaration to the officer that he wants to initiate further communications, exchanges, or conversations with the police. Prior to any discussion pertaining to an alleged criminal offense when a person makes a self-initiated declaration after having invoked his rights to counsel, the officer should discuss clearly and openly with the person that he invoked his rights to an attorney, is under no obligation to answer questions, and is entering discussion with the officer at his or her own prerogative and direction. 4. Exculpatory evidence is any evidence, to include verbal statements, that is favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. FPD employees and prosecutors are required to fully disclose exculpatory evidence [CALEA 42.1.6]. 42.1.1 Criminal Investigations Page 5 of 6 a. Employees who become aware of previously unknown or unrecognized exculpa tory evidence that suggests a defendant’s innocence shall immediately [CALEA 42.1.6]: 1. Notify their supervisor; 2. Complete a supplemental report to the original incident report in the department’s records management system; and 3. The supervisor shall ensure the appropriate prosecutor’s office is notified. b. Post-conviction exculpatory evidence [CALEA 42.1.6]: Employees who become aware of potentially omitted exculpatory evidence for post-conviction investigations shall notify their supervisor, who shall subsequently notify their respective chain of command, so the evidence may be reviewed and vetted by the department and the appropriate prosecutor’s office. The disclosure of this evidence and reporting shall be documented in a supplement to the original case report in the department’s records management system in a timely manner. Post-conviction investigations where there is a claim of potentially omitted exculpatory evidence from the original investigation shall not be conducted by any member of the investigative team from the original investigation. 5. For each long-term multi-jurisdictional investigative task force of which the department is a participant, the department will ensure it maintains a directive that includes the following criteria [CALEA 42.2.4 NT]: a. a written purpose [CALEA 42.2.4 a. NT]; b. defining authority, responsibilities, and written agreements [CALEA 42.2.4 b. NT]; c. evaluating results and the need for continued operations [CALEA 42.2.4 c. NT]; d. staffing, equipment, and resource requirements [CALEA 42.2.4 d NT]; e. officer safety information; [CALEA 42.2.4 e. NT] and f. identification procedures for task force participants [CALEA 42.2.4 f. NT]. 6. The following rules shall apply to the department's use of technical aids for the detection of deception [CALEA 42.2.5 NT]: a. The Chief of Police may choose from a variety of devices used for the detection of deception; b. Use of these devices will be restricted to trained personnel that have graduated from the accepted training institutions and have demonstrated sound fundamentals in the use of equipment; c. Testing of juveniles requires both the consent of the juvenile and the juvenile's parent or legal guardian. 7. The following procedures shall apply to uniform and non-uniformed personnel utilizing designated interview and interrogation rooms [CALEA 42.2.8]: a. Officers may retain possession of their firearms in the interview rooms during citizen-initiated contacts at the police department, interviews with witnesses, and interviews with victims. These contacts will be treated as any other call for service. Otherwise, in the presence of suspects being interviewed, officers shall not enter the interview room with their firearms but may retain possession of other less-lethal weapons. Firearms shall be locked in departmental provided lock boxes [CALEA 42.2.8 a.]. 42.1.1 Criminal Investigations Page 6 of 6 b. Detainees and arrested persons should be searched prior to being placed in an interview room. The room should be searched prior to and after the person has been in the room. Consideration shall also be given for possession of firearms to persons not under arrest [CALEA 42.2.8 b.]. c. A detainee is under the immediate officer's care until that time he or she has verbally or physically relinquished control of the detainee to another officer, either for the purposes of interviews or transport [CALEA 42.2.8 b.]. d. During interviews, there should normally be no more than one suspect and two investigators in the interview room. An exception to this rule is that suspects are afforded legal representation [CALEA 42.2.8 c.]. e. All officers are provided with portable radios, and investigators are provided with cellular phones. Prior to interviews, officers should ensure they are equipped with one or the other as a means for summoning assistance. Interview rooms are equipped with real time audio and video. Officers and/or supervisors should be assigned to monitor video as an extra precaution during interviews of subjects in cases involving extraordinary security concerns. After hours, officers and detectives should make shift supervisors assigned to the station aware of interviews taking place [CALEA 42.2.8 d.]. f. Supervisors are responsible for maintaining minimal furnishings in the interview rooms and should see that the rooms remain uncluttered. Interview rooms shall consist of one table and no more than three chairs. The soft interview room shall normally be used for interviewing victims and victims’ family members. The soft interview room will consist of a table, two comfortable chairs, and no more than two additional chairs. All officers/detectives conducting interviews are responsible for inspection of the interview rooms and removal of hazardous items prior to interviews [CALEA 42.2.8 f.]. g. Officers/detectives conducting interviews and interrogations should ensure that persons are afforded adequate access to restrooms, water, and breaks [CALEA 42.2.8 g.]. h. Whenever practical, custodial interrogations should be electronically recorded [CALEA 42.2.8 e.]. 8. Eyewitness identification is a frequently used investigative tool. Employees shall follow the identification processes in General Order 34 [CALEA 42.2.9 NT, 42.2.10 NT]. 71.1.1 Detainee Transportation Page 1 of 6 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 71.1.1 Detainee Transportation Effective Date: March 17, 2015 Reference: 41.2.13, 42.1.3 Version: 4 5 CALEA: 70 No. Pages: 6 I. PURPOSE The purpose of this directive is to establish Fayetteville Police Department policy for detainee transportation ensuring safety and security for detainees, transporting officers, and the general public. II. DISCUSSION Transportation of detainees in custody is a constant requirement and a frequent activity. There are two general time periods involved. The first is immediately after arrest when the person is taken to the police department or a jail facility for processing and holding. The second concerns the movement of detainees to court, to a detention facility, to medical facilities, or for other reasons. III. POLICY A. TRANSPORT OPERATIONS The transporting officer is legally responsible for the safety and custody of the detainee being transported. Therefore, the detainee shall be seat belted in prior to transport by the officer unless the detainee is violent (Refer to 41.2.13 for exceptions). Transportation of persons in custody will always be performed with the safety and well-being of the officer and detainee being of primary importance at all times. 1. Search of Detainee(s) a. All persons in custody shall be searched prior to being placed in a police vehicle [CALEA 70.1.1]. b. It must be assumed the detainee(s) may have had an opportunity to obtain contraband or a weapon prior to the time he or she is accepted for transport by the officer [CALEA 70.1.1]. c. Detainees shall be searched each time they come into the transporting officer's custody and prior to being transported [CALEA 70.1.1]. d. Officers shall inspect their assigned vehicle at the beginning of each shift to ensure the vehicle is safe and properly equipped. Officers shall inspect the interior of the vehicle for weapons and contraband to ensure the vehicle is safe 71.1.1 Detainee Transportation Page 2 of 6 and ready to transport a detainee. Officers shall complete a vehicle inspection form to acknowledge the vehicle inspection has been completed, and this must include completing the section on interior search of the vehicle for weapons and contraband. If weapons or contraband are located during the search, an officer shall notify the shift supervisor, complete an incident report, and submit the items to the Property and Evidence Division [CALEA 70.1.2]. e. Each time a detainee is transported, officers shall search the transport vehicle before the transport to ensure no contraband or weapons are present. Once the detainee has been removed from the vehicle and secured, a thorough search of the transport vehicle shall be conducted to ensure the detainee did not leave anything in the vehicle [CALEA 70.1.2]. 2. Location of Officer and Detainee during Transportation a. Vehicles used primarily for transporting detainees must have a safety barrier in order for the driver to be separated from the detainee [CALEA 70.4.1 NT]. b. Vehicles used primarily for transporting detainees must be equipped with modified rear compartments that prohibit the detainee stored in rear from either opening the doors or windows on both sides of the vehicle [CALEA 70.4.2]. c. In police vehicles equipped with safety partitions the detainee should be placed in the rear seat of the vehicle. d. If possible, no more than three detainees will be transported in a standard police vehicle. e. Only one detainee can be transported in a vehicle without a safety barrier. In such circumstances, two officers must accompany the detainee. The officer not driving will be seated in the rear drivers-side position and the detainee will be handcuffed and seated in the rear passenger-side position [CALEA 70.1.3 NT]. f. All detainees shall be handcuffed or otherwise restrained during transport. (1) When handcuffs are used, they shall be applied with detainee's hands behind back. If, however, the detainee has special needs due to a pre-existing injury, disability or has limited mobility, the officer can choose to handcuff in front or utilize a waist chain. (2) Care should be exercised in applying handcuffs to avoid unnecessary injury to the detainee. (3) Under no circumstances will detainees be handcuffed to any part of the vehicle. (4) Leg straps shall be used, when possible, on unruly detainees who are apt to cause damage to the unit or injure themselves. (5) Detainees transported due to special circumstances may require special restraints such as waist chains and/or leg chains. Detainees wearing waist chains shall be restrained with their hands placed in front [CALEA 70.2.1]. (6) After securing and/or restraining a detainee, officers will not place the detainee in a position on his/her chest/stomach or side area that may lead to “positional asphyxia” [CALEA 70.2.1]. (7) Officers are allowed to reevaluate the need for restraining devices on detainees who may possibly present a lesser threat to the officer’s safety (physically handicapped, senior citizen etc.). In all cases, the circumstances of the arrest, the arrestee’s demeanor, as well as the public’s perception of the 71.1.1 Detainee Transportation Page 3 of 6 police activity must become part of the evaluation as to the need for extra or special restraining devices or the need for restraining devices at all. 3. Maintaining Sight of Detainee The transporting officer shall not lose sight of, or leave unattended, a detainee until the detainee is released or under the control of other personnel. Officers shall activate the in-car mobile video recorder digital mobile video recorder (DMVR) while transporting detainees. Reference may be made to Fayetteville Police Department Policy 83.2.3 (Digital Mobile Video Recordings) General Order 22 - DMVR. 4. Safe Delivery of Detainee a. The primary duty of the transporting officer is the safe delivery of the detainee in custody. General principles of tort law impose a duty of care on the transporting officer to protect the detainee from injury. b. A transporting officer should be aware of diversionary incidents and should not deviate from his/her primary responsibility of delivering the detainee except [CALEA 70.1.4 NT]: (1) In a life-threatening situation when the risk to a third party is clear and grave if immediate aid is not rendered; and (2) The risk to the detainee is minimal. (3) When a transport is interrupted, the transport officer should notify the Central Dispatch Center of the location and reason for the stop. If needed, another unit will be dispatched to handle the incident that caused the interruption. c. During transports over a long distance, care should be taken when stopping for fuel, meals and for allowing the detainee a reasonable opportunity to use toilet facilities. d. Due to security reasons, detainees will not be given the right to communicate with others, including legal representation, during the period the detainee is being transported [CALEA 70.1.5 NT]. 5. Detainee Escape Following the escape of a detainee while being transported, the following steps shall be taken [CALEA 70.1.7]: a. The transporting officer shall immediately notify Central Dispatch to have the following information relayed to other officers, the supervisor and to other jurisdictions [CALEA 70.1.7 a.]: (1) Area of the escape; and (2) Identification and physical description of escapee; (3) If escapee is high-risk (known to be armed or considered dangerous). b. Following an escape, detailed reports containing all circumstances surrounding the escape will be prepared by the transporting officer and the officers involved in the search [CALEA 70.1.7 b.]. These reports shall be completed and turned in to the on- duty supervisor [CALEA 70.1.7 c.]. 71.1.1 Detainee Transportation Page 4 of 6 6. Sick, Injured or Disabled Detainees [CALEA 70.3.1] If a detainee becomes sick or is injured incidental to arrest or transport, the officer shall: Upon Arresting a person who has been injured, is injured during the arrest or transport process, or who is unconscious, semiconscious, or otherwise apparently suffering from some disabling condition, or who requests medical attention, sworn personnel shall: a. Render appropriate medical aid as quickly as reasonably possible, and enact the Secondary Emergency Notification of Dispatch (SEND) protocol [CALEA 4.1.5, FPD 41.1.1]. b. Conduct an assessment to determine if the person arrested is wearing a bracelet or necklace containing an emergency alert symbol to indicate the person suffers from diabetes, epilepsy, cardiac condition or any other form of illness which would cause a loss of consciousness. If such a symbol is found indicating the person being transported suffers from one of those conditions, the officer must notify the CDC so the information can be relayed to Central Emergency Medical Services (CEMS) and the Fayetteville Fire Department. c. Provide appropriate medical care until the arrival of emergency medical services. d. If exigent circumstances exist (lack of availability of emergency medical services, close proximity to a medical facility, etc.), an officer may transport a person in life-threatening medical distress to an emergency medical facility. e. Transport the detainee for normal booking procedures if they are cleared by emergency medical services. the illness or injury is apparently non-debilitating and not life threatening. The officer will advise communications of any illness/injury concerns to be relayed to the holding facility. (1) Should the holding facility not accept the detainee due to illness/injury, the officer may request Emergency Medical Services to respond to the holding facility or transport the detainee to a medical facility for treatment. f. Request for Emergency Medical Services to respond to the scene of the illness/injury before transporting if the illness/injury appears to be life threatening or debilitating. g. Not transport the detainee to a medical facility if the illness/injury is life threatening or debilitating unless exigent circumstances exist. 7. Transport of Detainee to Medical Facility If it is necessary to transport a detainee to a medical facility for treatment or examination, the transporting officer(s) shall [CALEA 70.3.2 NT]: a. Notify the shift supervisor of the circumstances and advise communications to notify the medical facility of the pending arrival. b. Keep the detainee in sight whenever possible. c. Detainees taken to a medical facility for treatment shall be restrained until medical personnel request they be removed for treatment. 71.1.1 Detainee Transportation Page 5 of 6 d. All felony detainees will be guarded by an officer(s) for the duration of the stay at the medical facility, unless custody has been transferred to another law enforcement agency. 8. Transport of Physically or Mentally Disabled Detainee If it is necessary to transport a detainee who is physically or mentally disabled: a. The nature of the offense and the extent of the disability shall be considered when determining restraining devices and methods of transportation. b. Wheelchairs, crutches, canes or any items required by the detainee as a result of the disability shall be transported with them. c. The officer shall exercise reasonable care and good judgment to ensure officer and detainee safety while taking into consideration the comfort of the detainee. 9. Transporting Dangerous Detainees to another Agency or Court [CALEA 70.1.8] When a detainee who is considered a security hazard must be transported to another agency or court, the agency or judge of the court shall be notified in advance. The agency or judge may allow or direct the use of restraining devices and may request the assignment of additional security officers [CALEA 70.1.8]. 10. Transporting Detainees of Opposite Sex a. If an officer is required to transport a detainee of the opposite sex, the officer shall report the following information by radio to Central Dispatch: (1) Odometer reading; (2) Location and destination; and (3) Ending odometer reading at destination. 11. Transporting Detainees in Special Situations The unusual circumstances surrounding special situations such as attending funerals, visiting hospitals or critically ill persons provide opportunities to a detainee for escape, unauthorized personal contact or inflicting injury upon himself or others. Discretion should be used in allowing the transportation of a detainee in such situations. Special security consideration should be given to secure the detainee at all times [CALEA 70.3.3 NT]. B. DOCUMENTATION 1. When a detainee is being transported from another facility to the Fayetteville Police Department or is being transported from the department to another facility, the transporting officer must ensure the person to be transferred is positively identified as the person to be moved [CALEA 70.5.1 NT]. 2. Depending on the circumstances, copies of certain documentation should accompany the detainee. This documentation may include arrest sheet, warrant, personal property information, medical records, and other pertinent records. For interstate 71.1.1 Detainee Transportation Page 6 of 6 transports, the escort officer should have a properly executed governor’s warrant or waiver of extradition. 3. Documentation accompanying a detainee should also include information relating to the detainee's escape risk, suicide potential or other personal traits of a security nature. 4. Upon arriving at the destination with the detainee, the transporting officer should adhere to the following guidelines [CALEA 70.1.6]: a. Secure firearms for safekeeping in accordance with policies and procedures of receiving facility [CALEA 70.1.6 a.]. b. Restraints should not be removed until the detainee is searched and submitted to the facility's staff for booking procedures. If at all possible, the detainee will be kept in restraints until he is placed in a secure booking cell [CALEA 70.1.6 b.]. c. All corresponding documentation will be submitted to verified facility staff [CALEA 70.1.6 c.]. d. Officers shall verbally advise receiving staff of medical or security risks or refer them to written documentation when appropriate [CALEA 70.1.6 d.]. e. Officers will assist the receiving facility by signing any paperwork confirming the transfer of custody. In addition, officers will log the transfer of custody with Fayetteville Police Dispatch [CALEA 70.1.6 e.]. f. Officers are responsible for maintaining detainee’s personal property and for ensuring each property item is received by the facility’s staff for safekeeping. Officers are required to review the personal property inventory completed at the facility that is signed by the detainee. At times when the detainee is combative or otherwise unable to sign the personal property inventory, officers are still required to review the personal property inventory prior to leaving the facility.