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Home My WebLink AboutJeffersonville_Police_Department_Policy_Manual 2017Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Blank for Chief’s Preface - 1 BLANK FOR CHIEF’S PREFACE Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Law Enforcement Code of Ethics - 2 LAW ENFORCEMENT CODE OF ETHICS Purpose To insure that all peace offcers are fully aware of their individial responsibilities to maintain their own integrity and that of their agency, every peace officer, during basic training, or at the time of appointment, shall be administered the Law Enforcement Code of Ethics. Code of Ethics As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation and the peaceful against abuse or disorder; and to respect the constitutional rights of all to liberty, equality and justice. I will keep my private life unsullied as an example to all and will behave in a manner that does not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed both in my personal and official life, I will be exemplary in obeying the law and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or abuse and never accepting gratuities. I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of police service. I will never engage in acts of corruption or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession . . . law enforcement. Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Table of Contents - 3 Table of Contents Blank for Chief’s Preface .................... 1 Law Enforcement Code of Ethics .................. 2 Chapter 1 - Law Enforcement Role and Authority ............ 7 100 - Law Enforcement Authority .................. 8 101 - Chief Executive Officer ................... 12 102 - Oath of Office ..................... 13 103 - Policy Manual ..................... 14 Chapter 2 - Organization and Administration ............. 17 200 - Organizational Structure and Responsibility ............ 18 201 - General Orders ..................... 21 202 - Emergency Operations Plan ................. 22 203 - Training ....................... 24 204 - Electronic Mail ..................... 28 205 - Administrative Communications ................ 29 206 - Supervision Staffing Levels ................. 30 207 - Retired Officer Identification Card ............... 31 208 - License to Carry a Handgun ................. 34 Chapter 3 - General Operations .................. 37 300 - Use of Force ...................... 38 301 - Use of Force Review Boards ................. 44 302 - Handcuffing and Restraints ................. 47 303 - Control Devices ..................... 51 304 - Conducted Energy Device .................. 56 305 - Officer-Involved Shootings and Deaths .............. 62 306 - Firearms ....................... 71 307 - Vehicle Pursuit ..................... 81 308 - Foot Pursuits ...................... 85 309 - Officer Response to Calls .................. 89 310 - Canines ....................... 93 311 - Domestic or Family Violence ................ 102 312 - Search and Seizure ................... 107 313 - Child Abuse ...................... 109 314 - Adult Abuse ...................... 115 315 - Discriminatory Harassment ................. 120 316 - Missing Persons .................... 125 317 - Public Alerts ...................... 132 318 - Victim and Witness Assistance ................ 136 319 - Bias Crimes ...................... 138 320 - Standards of Conduct ................... 140 321 - Information Technology Use ................. 147 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Table of Contents - 4 322 - Department Use of Social Media ............... 151 323 - Report Preparation ................... 156 324 - Media Relations .................... 160 325 - Subpoenas and Court Appearances .............. 163 326 - Outside Agency Assistance ................. 165 327 - Registered Offender Information ............... 168 328 - Major Incident Notification ................. 170 329 - Death Investigation ................... 172 330 - Citizen's Arrest ..................... 175 331 - Limited English Proficiency Services .............. 176 332 - Communications with Persons with Disabilities ........... 183 333 - Chaplains ...................... 191 334 - Child and Dependent Adult Safety ............... 197 335 - Service Animals .................... 200 336 - Native American Graves Protection and Repatriation ......... 203 337 - Off-Duty Law Enforcement Actions .............. 205 Chapter 4 - Patrol Operations .................. 207 400 - Patrol ........................ 208 401 - Racial or Bias-Based Profiling ................ 210 402 - Roll call ....................... 212 403 - Crime and Disaster Scene Integrity .............. 214 404 - Special Weapons and Tactics Team .............. 216 405 - Ride-Alongs ...................... 226 406 - Hazardous Material Response ................ 229 407 - Hostage and Barricade Incidents ............... 232 408 - Response to Bomb Calls .................. 237 409 - Crisis Intervention Incidents ................. 242 410 - Involuntary Detentions .................. 248 411 - Summons and Release .................. 252 412 - Foreign Diplomatic and Consular Representatives .......... 254 413 - Rapid Response and Deployment ............... 258 414 - Immigration Violations .................. 261 415 - Utility Service Emergencies ................. 265 416 - Aircraft Accidents .................... 267 417 - Field Training ..................... 270 418 - Air Support ...................... 273 419 - Contacts and Temporary Detentions .............. 274 420 - Criminal Organizations .................. 278 421 - Squad Commanders ................... 282 422 - Computer Aided Dispatch Use ................ 283 423 - Public Recording of Law Enforcement Activity ........... 286 424 - Bicycle Patrol ..................... 288 425 - Automated License Plate Readers (ALPRs) ............ 292 426 - Homeless Persons .................... 295 427 - Medical Aid and Response ................. 297 428 - First Amendment Assemblies ................ 303 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Table of Contents - 5 429 - Suspicious Activity Reporting ................ 310 430 - Civil Disputes ..................... 312 Chapter 5 - Traffic Operations .................. 315 500 - Traffic ........................ 316 501 - Traffic Accidents .................... 319 502 - Vehicle Towing ..................... 323 503 - Traffic Information and Summons and Parking Citations ........ 327 504 - Operating While Intoxicated ................. 330 505 - Disabled Vehicles .................... 335 Chapter 6 - Investigation Operations ................ 336 600 - Investigation and Prosecution ................ 337 601 - Sexual Assault Investigations ................ 341 602 - Asset Forfeiture .................... 345 603 - Informants ...................... 351 604 - Eyewitness Identification .................. 356 605 - Brady Information .................... 360 606 - Warrant Service .................... 363 607 - Operations Planning and Deconfliction ............. 367 Chapter 7 - Equipment .................... 373 700 - Department-Owned and Personal Property ............ 374 701 - Personal Communication Devices ............... 377 702 - Vehicle Maintenance ................... 380 703 - Vehicle Use ...................... 383 704 - Cash Handling, Security and Management ............ 389 Chapter 8 - Support Services .................. 391 800 - Crime Analysis ..................... 392 801 - Property Room ..................... 394 802 - Records Division .................... 403 803 - Records Maintenance and Release .............. 405 804 - Protected Information ................... 409 805 - Animal Control ..................... 412 806 - Jeanne Clery Campus Security Act .............. 415 Chapter 9 - Custody ..................... 420 900 - Temporary Custody of Adults ................ 421 901 - Temporary Custody of Juveniles ............... 430 902 - Custodial Searches ................... 438 Chapter 10 - Personnel .................... 443 1000 - Recruitment and Selection ................. 444 1001 - Performance Evaluations ................. 449 1002 - Special Assignments and Promotions ............. 453 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Table of Contents - 6 1003 - Grievances ...................... 455 1004 - Anti-Retaliation .................... 458 1005 - Reporting of Arrests, Convictions and Court Orders ......... 461 1006 - Drug- and Alcohol-Free Workplace .............. 463 1007 - Sick Leave ...................... 466 1008 - Vacation Policy .................... 468 1009 - Military Leave ..................... 470 1010 - Communicable Diseases ................. 471 1011 - Smoking and Tobacco Use ................ 476 1012 - Personnel Complaints .................. 477 1013 - Safety Belts ..................... 486 1014 - Body Armor ..................... 488 1015 - Personnel Records ................... 490 1016 - Request for Change of Assignment .............. 494 1017 - Commendations and Awards ................ 495 1018 - Fitness for Duty .................... 497 1019 - Meal Periods ..................... 500 1020 - Lactation Breaks .................... 501 1021 - Payroll Records .................... 503 1022 - Overtime Compensation ................. 504 1023 - Outside Employment and Outside Overtime ........... 507 1024 - Work-Related Illness and Injury Reporting ............ 511 1025 - Personal Appearance Standards ............... 513 1026 - Uniforms and Civilian Attire ................ 517 1027 - Conflict of Interest ................... 523 1028 - Badges, Patches and Identification .............. 525 1029 - Temporary Modified-Duty Assignments ............. 527 1030 - Speech, Expression and Social Networking ........... 531 1031 - Illness and Injury Prevention ................ 535 1032 - Special Assignment and Service Ribbons ............ 541 Attachments ....................... Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Law Enforcement Role and Authority - 7 Chapter 1 - Law Enforcement Role and Authority Policy 100 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Law Enforcement Authority - 8 Law Enforcement Authority 100.1 PURPOSE AND SCOPE The purpose of this policy is to affirm the authority of the members of the Jeffersonville Police Department to perform their functions based on established legal authority. 100.2 POLICY It is the policy of the Jeffersonville Police Department to limit its members to only exercise the authority granted to them by law. While this department recognizes the power of peace officers to make arrests and take other enforcement action, officers are encouraged to use sound discretion in the enforcement of the law. This department does not tolerate abuse of law enforcement authority. 100.3 LAW ENFORCEMENT OFFICER POWERS Certified members of this department are law enforcement officers and are vested expressly with authority to enforce criminal or traffic laws through the power of arrest and the preservation of public order, the protection of life and property, and the prevention, detection, or investigation of crime (I.C. § 5-2-1-2; I.C. § 5-2-1-17). 100.3.1 AUTHORITY WITHIN THE JURISDICTION OF THE JEFFERSONVILLE POLICE DEPARTMENT The arrest authority of officers within the jurisdiction of the Jeffersonville Police Department includes (I.C. § 35-33-1-1): (a)In compliance with an arrest warrant. (b)When any misdemeanor or felony offense is being, or has been committed in the officer’s presence. (c)When there is probable cause to believe that the offender has committed or attempted to commit a felony. (d)When the offender has interfered with the reporting of the crime of domestic or family violence. (e)When the offender has been subject to a removal order issued by an immigration court. (f)When the offender has a detainer issued by the United States Department of Homeland Security. (g)When there is probable cause to believe that the offender has committed: 1.A violation of the duties of a motorist involved in a motor vehicle accident. 2.A battery resulting in bodily injury. 3.Domestic battery. 4.An invasion of privacy. Jeffersonville Police Department Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Law Enforcement Authority - 9 5.A violation relating to carrying a firearm without a license or a violation relating to a counterfeit handgun license. 6.A violation of the terms of his/her probation. 7.A violation pertaining to the undisclosed transport of a dangerous device. 8.A theft. (h)For other cause where there is likely to be failure of justice for want of a judicial officer to issue a warrant. 100.3.1 ARREST AUTHORITY WITHIN THE JURISDICTION OF THE JEFFERSONVILLE POLICE DEPARTMENT The arrest authority of officers within the jurisdiction of the Jeffersonville Police Department includes (I.C. § 35-33-1-1): (a)In compliance with an arrest warrant. (b)When any misdemeanor or felony offense is being, or has been committed in the officer’s presence. (c)When there is has probable cause to believe that the offender has committed or attempted to commit a felony. (d)When the offender has interfered with the reporting of the crime of domestic or family violence. (e)When the offender has been subject to a removal order issued by an immigration court. (f)When the offender has a detainer issued by the United States Department of Homeland Security. (g)When there is probable cause to believe that the offender has committed: 1.A violation of the duties of a motorist involved in a motor vehicle accident. 2.A battery resulting in bodily injury. 3.Domestic battery. 4.An invasion of privacy. 5.A violation relating to carrying a firearm without a license or a violation relating to a counterfeit handgun license. 6.A violation of the terms of his/her probation. 7.A violation pertaining to the undisclosed transport of a dangerous device. 8.A theft. (h)For other cause where there is likely to be failure of justice for want of a judicial officer to issue a warrant. The responsibilities of officers include (I.C. § 36-8-3-6): (a)Serving process issued by the court within the city or municipality. Jeffersonville Police Department Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Law Enforcement Authority - 10 (b)Enforcing municipal ordinances. (c)Suppressing breaches of the peace. (d)Serving process issued by the legislative body of City. (e)Transporting prisoners to court. 100.3.2 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE JEFFERSONVILLE POLICE DEPARTMENT The arrest authority of officers outside the jurisdiction of the Jeffersonville Police Department applies when an offense is committed in the officer’s view (I.C. § 5-2-1-17). 100.3.3 AUTHORITY WITHIN THE JURISDICTION OF THE JEFFERSONVILLE POLICE DEPARTMENT The arrest authority of officers within the jurisdiction of the Jeffersonville Police Department includes (I.C. § 35-33-1-1): (a)In compliance with an arrest warrant. (b)When any misdemeanor or felony offense is being, or has been committed in the officer’s presence. (c)When there is probable cause to believe that the offender has committed or attempted to commit a felony. (d)When the offender has interfered with the reporting of the crime of domestic or family violence. (e)When the offender has been subject to a removal order issued by an immigration court. (f)When the offender has a detainer issued by the United States Department of Homeland Security. (g)When there is probable cause to believe that the offender has committed: 1.A violation of the duties of a motorist involved in a motor vehicle accident. 2.A battery resulting in bodily injury. 3.Domestic battery. 4.An invasion of privacy. 5.A violation relating to carrying a firearm without a license or a violation relating to a counterfeit handgun license. 6.A violation of the terms of his/her probation. 7.A violation pertaining to the undisclosed transport of a dangerous device. 8.A theft. (h)For other cause where there is likely to be failure of justice for want of a judicial officer to issue a warrant. The responsibilities of Officers include (I.C. § 36-8-10-9): Jeffersonville Police Department Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Law Enforcement Authority - 11 (a)Suppressing all breaches of the peace. (b)Executing all process as directed by the sheriff. (c)Attending and preserving order in all courts of the county. (d)Guarding prisoners in the county jail. (e)Serving all process directed to the sheriff. (f)Taking photographs, fingerprints and other identification data as prescribed by the sheriff of persons taken into custody for felonies or misdemeanors. 100.4 INTERSTATE PEACE OFFICER POWERS Peace officer powers may be extended to other states: (a)As applicable under interstate compacts, memorandums of understanding or mutual aid agreements in compliance with the laws of each state. (b)When an officer enters Michigan, Ohio or Illinois in fresh pursuit of a felony suspect (MCL 780.101 (Michigan); ORC § 2935.30 (Ohio); 725 ILCS 5/107-4(Illinois)). Whenever an officer makes an arrest in another state, the officer shall take the offender to a magistrate or judge in the county where the arrest occurred as soon as practicable (MCL 780.102; ORC § 2935.31; 725 ILCS 5/107-4). 100.5 CONSTITUTIONAL REQUIREMENTS All members shall observe and comply with every person’s clearly established rights under the United States and Indiana Constitutions. Policy 101 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Chief Executive Officer - 12 Chief Executive Officer 101.1 PURPOSE AND SCOPE All law enforcement Chief Executive Officers employed within the State of Indiana are required to meet specific requirements for appointment. This policy provides guidelines for the appointment of the Chief Executive Officer of the Jeffersonville Police Department, who is required to exercise the powers and duties of the office as prescribed by state law. 101.2 POLICY It is the policy of the Jeffersonville Police Department that the Chief of Police meets the minimum standards for exercising his/her authority granted by law. 101.3 CHIEF OF POLICE REQUIREMENTS The Chief of Police of this department, as a condition of continued employment, shall: (a)Be certified by the Indiana Law Enforcement Training Board (I.C. § 5-2-1-1 et seq.). (b)Meet all of the requirements as specified in I.C. § 36-8-4-6.5. 101.3 CHIEF OF POLICE REQUIREMENTS The Chief of Police of this department, as a condition of continued employment, shall: (a)Be certified by the Indiana Law Enforcement Training Board (I.C. § 5-2-1-1, et. seq.). (b)Apply for admission to the executive training program within two months of initially taking office (I.C. § 5-2-1-9). (c)Meet the requirements of I.C. § 5-2-1-9 within six months of assuming office unless an extension is granted by the Indiana Law Enforcement Training Board (250 IAC 2-5-1). Policy 102 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Oath of Office - 13 Oath of Office 102.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that oaths, when appropriate, are administered to department members. 102.2 POLICY It is the policy of the Jeffersonville Police Department that, when appropriate, department members affirm the oath of their office as an expression of commitment to the constitutional rights of those served by the Department and the dedication of its members to their duties. 102.3 OATH OF OFFICE All department members, when appropriate, shall take and subscribe to the oaths or affirmations applicable to their position (I.C. § 5-4-1-1; Ind. Const. Art. 15 § 4). 102.3.1 PROCEDURES The Chief of Police or the authorized designee is responsible for establishing a process for completing and documenting the administration of the oath to new hires. 102.4 MAINTENANCE OF RECORDS The oath of office shall be filed as prescribed by law (I.C. § 5-4-1-4; I.C. § 5-4-1-5.1). Policy 103 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Policy Manual - 14 Policy Manual 103.1 PURPOSE AND SCOPE The manual of the Jeffersonville Police Department is hereby established and shall be referred to as the Policy Manual or the manual. The manual is a statement of the current policies, procedures, rules and guidelines of this department. All members are to conform to the provisions of this manual. All prior and existing manuals, orders and regulations that are in conflict with this manual are rescinded, except to the extent that portions of existing manuals, orders and other regulations that have not been included herein shall remain in effect where they do not conflict with the provisions of this manual. 103.2 POLICY Except where otherwise expressly stated, the provisions of this manual shall be considered as guidelines. It is recognized that the work of law enforcement is not always predictable and that circumstances may arise that warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to members of this department under the circumstances reasonably available at the time of any incident. 103.2.1 DISCLAIMER The provisions contained in the Policy Manual are not intended to create an employment contract nor any employment rights or entitlements. The policies contained within this manual are for the internal use of the Jeffersonville Police Department and shall not be construed to create a higher standard or duty of care for civil or criminal liability against the City, its officials or members. Violations of any provision of any policy contained within this manual shall only form the basis for department administrative action, training or discipline. The Jeffersonville Police Department reserves the right to revise any policy content, in whole or in part. 103.3 AUTHORITY The Chief of Police shall be considered the ultimate authority for the content and adoption of the provisions of this manual and shall ensure compliance with all applicable federal, state and local laws. The Chief of Police or the authorized designee is authorized to issue General Orders, which shall modify those provisions of the manual to which they pertain. General Orders shall remain in effect until such time as they may be permanently incorporated into the manual. 103.4 DEFINITIONS The following words and terms shall have these assigned meanings throughout the Policy Manual, unless it is apparent from the content that they have a different meaning: Adult - Any person 18 years of age or older. City - The City of Jeffersonville. Jeffersonville Police Department Policy Manual Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Policy Manual - 15 Civilian - Employees and volunteers who are not certified law enforcement officers. Department/JPD - The Jeffersonville Police Department. Employee - Any person employed by the Department. ILEA - Indiana Law Enforcement Academy. Manual - The Jeffersonville Police Department Policy Manual. May - Indicates a permissive, discretionary or conditional action. Member - Any person employed or appointed by the Jeffersonville Police Department, including: • Full- and part-time employees •Certified law enforcement officers •Reserve, auxiliary officers •Civilian employees •Volunteers. Minor - Any individual under the age of 18 years (I.C. § 35-49-1-4). Officer - Those employees, regardless of rank, who are certified law enforcement officers of the Jeffersonville Police Department (I.C. § 5-2-1-2). On-duty - A member’s status during the period when he/she is actually engaged in the performance of his/her assigned duties. Order - A written or verbal instruction issued by a superior. Rank - The title of the classification held by an officer. Shall or will - Indicates a mandatory action. Should - Indicates a generally required or expected action, absent a rational basis for failing to conform. Supervisor - A person in a position of authority that may include responsibility for hiring, transfer, suspension, promotion, discharge, assignment, reward or discipline of other department members, directing the work of other members or having the authority to adjust grievances. The supervisory exercise of authority may not be merely routine or clerical in nature but requires the use of independent judgment. The term “supervisor” may also include any person (e.g., officer-in-charge, lead or senior worker) given responsibility for the direction of the work of others without regard to a formal job, title, rank or compensation. When there is only one department member on-duty, that person may also be the supervisor, except when circumstances reasonably require the notification or involvement of the member’s off-duty supervisor or an on-call supervisor. Jeffersonville Police Department Policy Manual Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Policy Manual - 16 103.5 ISSUING THE POLICY MANUAL An electronic version of the Policy Manual will be made available to all members on the department network for viewing and printing. No changes shall be made to the manual without authorization from the Chief of Police or the authorized designee. Each member shall acknowledge that he/she has been provided access to and has had the opportunity to review the Policy Manual and General Orders. Members shall seek clarification as needed from an appropriate supervisor for any provisions that they do not fully understand. 103.6 PERIODIC REVIEW OF THE POLICY MANUAL The Chief of Police will ensure that the Policy Manual is periodically reviewed and updated as necessary. 103.7 REVISIONS TO POLICIES All revisions to the Policy Manual will be provided to each member on or before the date the policy becomes effective. Each member will be required to acknowledge that he/she has reviewed the revisions and shall seek clarification from an appropriate supervisor as needed. Members are responsible for keeping abreast of all Policy Manual revisions. The Chief or authorized designee will ensure that members under his/her command are aware of any Policy Manual revision. All department members suggesting revision of the contents of the Policy Manual shall forward their written suggestions to their Assistant Chiefs, who will consider the recommendations and forward them to the command staff as appropriate. Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Organization and Administration - 17 Chapter 2 - Organization and Administration Policy 200 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Organizational Structure and Responsibility - 18 Organizational Structure and Responsibility 200.1 PURPOSE AND SCOPE This policy establishes the organizational structure of the Department and defines general responsibilities of department members. 200.2 POLICY The Jeffersonville Police Department will implement and maintain an organizational structure that provides clear and identifiable roles for command, control and guidance of the Department. Each position and assignment should have clearly identified responsibilities and a defined chain of command. 200.3 DIVISIONS The Chief of Police is responsible for administering and managing the Jeffersonville Police Department. There are four divisions in the department: •Administration Division •Uniform Division •Investigations/Operations Division •Training Division 200.3.1 ADMINISTRATION DIVISION The Administration Division is commanded by an assigned Assistant Chief, whose primary responsibility is to provide general management, direction and control for the Administration Division. The Administration Division consists of technical and administrative services. 200.3.2 UNIFORM DIVISION The Uniform Division is commanded by an assigned Uniform Commander, whose primary responsibility is to provide general management, direction and control for the Uniform Division. The Uniform Division consists of uniformed patrol and special operations. 200.3.3 INVESTIGATIONS/OPERATIONS DIVISION The Investigations/Operations Division is commanded by an assigned Investigative and Operations Commander, whose primary responsibility is to provide general management, direction and control for the Investigations/Operations Division. The Investigations/ Operations Division consists of the Detective Division, Records Division, and other assigned divisions as directed by the chief. 200.3.4 TRAINING/DEVELOPMENT DIVISION The Training/Development Division is commanded by an assigned Training & Development Commander, whose primary responsibility is to provide general management, direction and Jeffersonville Police Department Policy Manual Organizational Structure and Responsibility Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Organizational Structure and Responsibility - 19 control for the Training/Develpment Division. The Training/Development Division consists of the Training Division and other assigend divisions as directed by the chief. 200.3.5 ORGANIZATIONAL CHART The Chief of Police or the authorized designee is responsible for developing and updating a chart showing the organizational components and functions. The chart may be attached to this policy manual for distribution or may be posted in appropriate locations throughout the department. 200.4 COMMAND PROTOCOL 200.4.1 SUCCESSION OF COMMAND The Chief of Police exercises command over all members of the Jeffersonville Police Department. During planned absences, the Chief of Police will designate a Assistant Chief to serve as the acting Chief of Police. Except when designated as above, the order of command authority in the absence or unavailability of the Chief of Police is as follows: (a) Assistant Chief (b)Uniform Commander (c)Investigative/Operations Commander (d)Training/Development Commander (e)Highest ranking officer available 200.4.2 UNITY OF COMMAND The principles of unity of command ensure efficient supervision and control within the Department. Generally, each member shall be accountable to one supervisor at any time for a given assignment or responsibility. Except where specifically delegated authority may exist by policy or special assignment (e.g., Canine, Bicycle Patrol), any supervisor may temporarily direct any subordinate if an operational necessity exists. 200.4.3 GOALS AND OBJECTIVES The Chief of Police or the authorized designee is responsible for establishing goals and objectives for the Jeffersonville Police Department using a strategic planning process, and shall ensure the goals and objectives are reviewed and updated annually. Assistant Chiefs are responsible for developing, reviewing and updating the elements of the plan that affect their Division. The strategic plan should specify a time period and should include, but is not limited to: •Long-range goals and objectives. •Anticipated workload and staffing needs. •Capital improvement, equipment and supply needs. •Provisions for implementation, measuring achievement and revision as needed. Jeffersonville Police Department Policy Manual Organizational Structure and Responsibility Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Organizational Structure and Responsibility - 20 •Annual evaluation of progress •Annual update of all goals and objectives. 200.5 AUTHORITY AND RESPONSIBILITIES Each member will be assigned duties and responsibilities. Each member is delegated the authority necessary to effectively execute those responsibilities. Each member will also be held accountable for the appropriate application of that delegated authority. Policy 201 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department General Orders - 21 General Orders 201.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for issuing General Orders. 201.2 POLICY General Orders will be used to modify policies of the Jeffersonville Police Department when an immediate need to adapt a policy or procedure exists, in order to best meet the mission of the Department. Applicable collective bargaining agreements and other work agreements should be considered before a General Order is issued. 201.3 PROTOCOL General Orders will be incorporated into the Policy Manual, as required, upon approval. General Orders will modify existing policies or create a new policy as appropriate and will be rescinded if incorporated into the manual. The Assistant Chief or the authorized designee should ensure that all General Orders are disseminated appropriately. General Orders should be numbered consecutively and incorporate the year of issue. All members will be notified when a General Order is rescinded or has been formally adopted into the Policy Manual. 201.4 RESPONSIBILITIES 201.4.1 COMMAND STAFF Command staff shall periodically review General Orders to determine whether they should be formally incorporated into the Policy Manual, and, as appropriate, will recommend necessary modifications to the Chief of Police. 201.4.2 CHIEF OF POLICE Only the Chief of Police or the authorized designee may approve and issue General Orders. 201.5 ACCEPTANCE OF DIRECTIVES All members shall be provided access to the General Orders. Each member shall acknowledge that he/she has been provided access to, and has had the opportunity to review, the General Orders. Members shall seek clarification as needed from an appropriate supervisor for any provisions they do not fully understand. Policy 202 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Emergency Operations Plan - 22 Emergency Operations Plan 202.1 PURPOSE AND SCOPE This policy clarifies the role of the Jeffersonville Police Department and responsibilities of its members pertaining to large-scale emergencies and the Indiana Emergency Operations Plan. 202.2 POLICY The Jeffersonville Police Department will prepare for large-scale emergencies within and outside its jurisdiction through planning and mutual cooperation with other agencies (I.C. § 10-14-3-9; I.C. § 10-14-3-10.8). The City Emergency Operations Plan complies with the State of Indiana’s Emergency Operation Plan. This plan provides guidance for City emergency operations within and outside its borders as may be required. 202.2.1 JEFFERSONVILLE CODES/ORDINANCES An emergency management organization has been established by the City of Jeffersonville. This ordinance has been approved by the City Council (I.C. § 10-14-3-17). 202.3 DEPARTMENT RESPONSIBILITIES The Department shall enforce the orders, rules and regulations issued pursuant to the Emergency Operations Plan (I.C. § 10-14-3-24). 202.4 ACTIVATING THE EMERGENCY OPERATIONS PLAN The Emergency Operations Plan can be activated in a number of ways. For the Jeffersonville Police Department, the Chief of Police or the highest ranking on-duty supervisor may activate the Emergency Operations Plan in response to a major emergency. Upon activation of the plan, the Chief of Police or the authorized designee should contact the Indiana Department of Homeland Security to assist with mutual aid response from local, state and federal law enforcement agencies. 202.4.1 RECALL OF PERSONNEL In the event that the Emergency Operations Plan is activated, all employees of the Jeffersonville Police Department are subject to immediate recall to service. Employees may also be subject to recall during extraordinary circumstances as deemed necessary by the Chief of Police or the highest ranking on-duty supervisor. Failure to promptly respond to an order to report for duty may result in discipline. 202.5 LOCATION OF THE EMERGENCY OPERATIONS PLAN Copies of the Emergency Operations Plan are available in Administration, the Uniform Patrol Commander's office and Central Alarm. All supervisors should familiarize themselves with the Emergency Operations Plan and the roles members will play when the plan is implemented. The Jeffersonville Police Department Policy Manual Emergency Operations Plan Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Emergency Operations Plan - 23 Administration Assistant Chief should ensure that department members are familiar with the roles they will play when the plan is implemented. 202.6 EMERGENCY OPERATIONS PLAN REVIEW The Chief of Police or the authorized designee shall review the Emergency Operations Plan at least once every two years and ensure that the plan conforms to any revisions made by the National Incident Management System (NIMS). The Chief of Police or the authorized designee should appropriately address any needed revisions. 202.7 TRAINING The Department should provide annual training on the Emergency Operations Plan for all supervisors and other appropriate personnel. All supervisors should familiarize themselves with the Emergency Operations Plan and personnel responsibilities when the plan is implemented. Training should incorporate a full or partial exercise, tabletop or command discussion. 202.8 AFTER-ACTION REPORTS After-action reports should be prepared for any natural or manmade disasters or unusual incidents, as determined by the Chief of Police. The Incident Commander should work with City legal counsel, as appropriate, to prepare a comprehensive after-action report of the event, which should include: (a)The date, time and description of the event. (b)The actions taken and outcomes (e.g., injuries, property damage, arrests, costs). (c)Any identified problems. (d)Significant events. (e)Recommendations for improvement. Opportunities for training should be documented in a generic manner, without identifying individuals or specific incidents, facts or circumstances. Policy 203 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Training - 24 Training 203.1 PURPOSE AND SCOPE This policy establishes general guidelines for how training is to be identified, conducted and documented. This policy is not meant to address all specific training endeavors or identify every required training topic. 203.2 POLICY The Department shall administer a training program that will meet the standards of federal, state, local and the Indiana Law Enforcement Training Board training requirements. It is a priority of this department to provide continuing education and training for the professional growth and development of its members. 203.3 OBJECTIVES The objectives of the training program are to: (a)Enhance the level of law enforcement service to the public. (b)Increase the technical expertise and overall effectiveness of department members. (c)Provide for continued professional development of department members. (d)Ensure compliance with Indiana Law Enforcement Training Board rules and regulations concerning law enforcement training. 203.4 TRAINING PLAN It is the responsibility of the Training Commander to develop, review, update and maintain a training plan and to ensure that mandated basic, in-service and department-required training is completed by all members as needed or required. The training plan should include the anticipated costs associated with each type of training, including attendee salaries and backfill costs. The plan should include a systematic and detailed method for recording and logging of all training for all members into the state approved database (e.g., Acadis®). While updates and revisions may be made to any portion of the training plan at any time it is deemed necessary, the Training Commander shall review the entire training plan on an annual basis. The plan will include information on curriculum, training material, training facilities and scheduling. The plan will address federal, state and department-required, minimum-mandated training of officers and other members. The training requirements established by the Indiana Law Enforcement Training Board are only the minimum qualification standards and training requirements for officers. Additional training should be completed as necessary and appropriate (I.C. § 5-2-1-1). Jeffersonville Police Department Policy Manual Training Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Training - 25 203.4.1 GOVERNMENT-MANDATED TRAINING The following lists, while not all inclusive, identify training that is required under state and federal laws and regulations. (a)Federally mandated training: 1.National Incident Management System (NIMS) training (b)State-mandated training for officers requires completion of (I.C. § 5-2-1-9): 1.Pre-basic training before making any arrest, conducting a search or carrying a firearm (250 I.A.C. 2-6-1). 2.Certified basic law enforcement training and licensing examination within one year of their appointment (250 I.A.C. 2-2-1). (a)The basic law enforcement training requirement may be waived if the officer is eligible for licensure by meeting training and licensure standards within the parameters set by the Indiana Law Enforcement Training Board (250 I.A.C. 2-2-1). 3.Annual in-service training (I.C. § 5-2-8-1; I.C. § 5-2-8-2; I.C. § 5-2-8-5; I.C. § 36-8-3-20; 250 I.A.C. 2-7-1). 203.4.2 ACCREDITATION TRAINING The Indiana Law Enforcement Accreditation Commission (ILEAC) requires or recommends the following training for all members: (a)Required training: 1.All members shall receive training on the Personnel Complaints Policy. 2.Appropriate members are trained to conduct and interview/interrogation. 3.Appropriate members are trained in conducting preliminary investigations. 4.Appropriate members are trained in conducting follow-up investigations. 5.Appropriate members receive annual in-service training in handling family violence cases. 6.Appropriate training to supervisors and managers within 12 months of their promotion and appropriate to the position/rank. (b)Recommended training: 1.All members should receive training on the Standards of Conduct Policy. 203.4.3 FAILURE TO COMPLETE IN-SERVICE TRAINING If an officer or reserve officer fails to complete the required hours of in-service training in a calendar year as set forth in 250 I.A.C. 2-7-1, he/she should advise the Training Commander. The member in noncompliance shall be immediately suspended from exercising his/her police powers until the member has completed the necessary in-service training hours and met the Jeffersonville Police Department Policy Manual Training Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Training - 26 additional requirements in 250 I.A.C. 2-7-4. The suspension of a member’s police powers shall be documented in the member’s training record (250 I.A.C. 2-7-4). 203.5 TRAINING COMMITTEE The Training Commander may establish a Training Committee, on a temporary or as-needed basis, which will assist with identifying training needs. The Training Committee should be comprised of at least three members, with the senior ranking member of the committee acting as the chairperson. Committee members should be selected based on their abilities at post-incident evaluation and at assessing related training needs. The Training Commander may remove or replace members of the committee at his/her discretion. The Training Committee should review certain incidents to determine whether training would likely improve future outcomes or reduce or prevent the recurrence of the undesirable issues related to an incident. Specific incidents the Training Committee should review include, but are not limited to: (a)Any incident involving the death or serious injury of a member. (b)Incidents involving a high risk of death, serious injury or civil liability. (c)Incidents identified by the Department to determine possible training needs. The Training Committee should convene on a regular basis, as determined by the Training Commander, to review the identified incidents. The committee shall determine by consensus whether a training need exists and then submit written recommendations of its findings to the Training Commander. The recommendation should not identify specific facts of any incidents, such as identities of members involved or the date, time and location of the incident, but should focus on the type of training being recommended. The Training Commander will consider the recommendations of the committee and determine what training should be addressed, taking into consideration the mission of the Department and the available resources. Training recommendations as determined by the Training Commander shall be submitted to the command staff for review. 203.6 TRAINING ATTENDANCE (a)All members assigned to attend training shall attend as scheduled unless previously excused by their immediate supervisor. Excused absences should be limited to: 1.Court appearances. 2.Previously approved vacation or time off. 3.Illness or medical leave. 4.Physical limitations preventing the member’s participation. 5.Emergency situations or department necessity. Jeffersonville Police Department Policy Manual Training Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Training - 27 (b)Any member who is unable to attend training as scheduled shall notify his/her supervisor as soon as practicable but no later than one hour prior to the start of training and shall: 1.Document his/her absence in a memorandum to his/her supervisor. 2.Make arrangements through his/her supervisor or the Training Commander to attend the required training on an alternate date. 203.7 DAILY TRAINING BULLETINS The Lexipol Daily Training Bulletins (DTBs) are contained in a Web-accessed system that provides training on the Jeffersonville Police Department Policy Manual and other important topics. Generally, one training bulletin is available for each day of the month. However, the number of DTBs may be adjusted by the Training Commander. Members assigned to participate in DTBs shall only use the login credentials assigned to them by the Training Commander. Members should not share their password with others and should frequently change their password to protect the security of the system. After each session, members should log off the system to prevent unauthorized access. The content of the DTBs is copyrighted material and shall not be shared with others outside of the Department. Members who are assigned to participate in the DTB program should complete each DTB at the beginning of their shifts or as otherwise directed by their supervisor. Members should not allow uncompleted DTBs to build up over time, and may be required to complete DTBs missed during extended absences (e.g., vacation, medical leave) upon returning to duty. Although the DTB system can be accessed from any Internet-enabled computer, members shall only take DTBs as part of their on-duty assignments, unless directed otherwise by a supervisor. Supervisors will be responsible for monitoring the progress of those under their command to ensure compliance with this policy. 203.8 TRAINING RECORDS The Training Commander shall provide a report each year to the Chief of Police regarding their annual in-service training status (I.C. § 5-2-1-1). The Chief of Policeor authorized designee shall submit a written report to the Executive Director of the Indiana Law Enforcement Training Board detailing the basic and in-service training status of each officer by March 31 each year (I.C. § 5-2-1-1). The Training Commander is responsible for the creation, filing and storage of all training records. Training records shall be retained in accordance with the established records retention schedule. Policy 204 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Electronic Mail - 28 Electronic Mail 204.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the proper use and application of the electronic mail (email) system provided by the Department. 204.2 POLICY Jeffersonville Police Department members shall use email in a professional manner in accordance with this policy and current law (e.g., Indiana Access to Public Records Act). 204.3 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to emails accessed, transmitted, received or reviewed on any department technology system (see the Information Technology Use Policy for additional guidance). 204.4 RESTRICTIONS ON USE OF EMAIL Messages transmitted over the email system are restricted to official business activities, or shall only contain information that is essential for the accomplishment of business-related tasks or for communications that are directly related to the business, administration or practices of the Department. Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, harassing or any other inappropriate messages on the email system is prohibited and may result in discipline. Email messages addressed to the entire Department are only to be used for official business- related items that are of particular interest to all users. In the event that a member has questions about sending a particular email communication, the member should seek prior approval from a supervisor in his/her chain of command. It is a violation of this policy to transmit a message under another member’s name or email address or to use the password of another to log into the system unless directed to do so by a supervisor. Members are required to log off the network or secure the workstation when the computer is unattended. This added security measure will minimize the potential misuse of a member’s email, name or password. Any member who believes his/her password has become known to another person shall change their password immediately. 204.5 EMAIL RECORD MANAGEMENT Email may, depending upon the individual content, be a public record under the Indiana Access to Public Records Act and must be managed in accordance with the established records retention schedule and in compliance with state law. The Custodian of Records shall ensure that email messages are retained and recoverable as outlined in the Records Maintenance and Release Policy. Policy 205 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Administrative Communications - 29 Administrative Communications 205.1 PURPOSE AND SCOPE This policy sets forth the manner in which the Department communicates significant changes to its membership, such as promotions, transfers, hiring and appointment of new members, separations, individual and group awards and commendations, or other changes in status. This policy also provides guidelines for the professional handling of electronic and non-electronic administrative communications from the Department. 205.2 POLICY The Jeffersonville Police Department will appropriately communicate significant events within the organization to its members. Both electronic and non-electronic administrative communications will be professional in appearance and comply with the established letterhead, signature and disclaimer guidelines, as applicable. 205.3 DEPARTMENT EMAIL Department Emails may be issued periodically by the Chief of Police or the authorized designee to announce and document all promotions, transfers, hiring and appointment of new members, separations, individual and group awards and commendations, or other changes in status. 205.4 CORRESPONDENCE To ensure that the letterhead and name of the Department are not misused, all official external correspondence shall be on department letterhead. All department letterhead shall bear the signature element of the Chief of Police. Official correspondence and use of letterhead requires approval of a supervisor. Department letterhead may not be used for personal purposes. Official internal correspondence shall be on the appropriate department electronic or non- electronic memorandum forms. Electronic correspondence shall contain the sender’s department-approved signature and electronic communications disclaimer language. 205.5 SURVEYS All surveys made in the name of the Department shall be authorized by the Chief of Police or the authorized designee. 205.5 OTHER COMMUNICATIONS General Orders and other communications necessary to ensure the effective operation of the Department shall be issued by the Chief of Police or the authorized designee (see the General Orders Policy). Policy 206 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Supervision Staffing Levels - 30 Supervision Staffing Levels 206.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines to ensure that proper supervision is available to meet the needs of the Department and members throughout all Divisions. 206.2 POLICY The Jeffersonville Police Department will ensure that proper supervision is available to meet the needs of its members and to achieve the goals of the Department. The needs of its members should be balanced with the needs of the Department for flexibility and discretion in assigning members to meet supervisory needs. While balance is desirable, the paramount concern is to meet the needs of the Department. 206.3 MINIMUM SUPERVISION STAFFING LEVELS Minimum staffing levels should be established by the Chief of Police or authorized designee for each Division and work group. The supervision staffing levels should support proper supervision, span of control, compliance with any collective bargaining agreement and activity levels to meet the needs of members and the goals of the Department. 206.3.1 TEMPORARY SUPERVISORS In order to accommodate training and other unforeseen circumstances, a qualified lower-ranking member may be used as a temporary supervisor in place of a regularly assigned supervisor. Policy 207 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Retired Officer Identification Card - 31 Retired Officer Identification Card 207.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the issuance, denial, suspension or revocation of retired officer identification cards under the Law Enforcement Officers' Safety Act (LEOSA) and Indiana law (18 USC § 926C; I.C. § 35-47-15-1 et seq.). 207.2 POLICY The Jeffersonville Police Department will provide identification cards to qualified former or retired officers as provided in this policy. 207.3 LEOSA The Chief of Police may issue a retired officer identification card for LEOSA purposes to any qualified former officer of this department who (18 USC § 926C(c)): (a)Separated from service in good standing from this department as an officer. (b)Before such separation, had regular employment as a law enforcement officer for an aggregate of 10 years or more or, if employed as a law enforcement officer for less than 10 years, separated from service after completing any applicable probationary period due to a service-connected disability as determined by this department. (c)Has not been disqualified for reasons related to mental health. (d)Has not entered into an agreement with this department where the officer acknowledges that he/she is not qualified to receive a firearm qualification certificate for reasons related to mental health. (e)Is not prohibited by federal law from receiving or possessing a firearm. 207.3.1 LEOSA IDENTIFICATION CARD FORMAT The LEOSA identification card should contain a photograph of the former officer and identify him/ her as having been employed as an officer. If the Jeffersonville Police Department qualifies the former officer, the LEOSA identification card or separate certification should indicate the date the former officer was tested or otherwise found by the Department to meet the active duty standards for qualification to carry a firearm. 207.3.2 AUTHORIZATION Any qualified former law enforcement officer, including a former officer of this department, may carry a concealed firearm under 18 USC § 926C when he/she is: (a)In possession of photographic identification that identifies him/her as having been employed as a law enforcement officer, and one of the following: 1.An indication from the person’s former law enforcement agency that he/she has, within the past year, been tested or otherwise found by the law enforcement agency Jeffersonville Police Department Policy Manual Retired Officer Identification Card Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Retired Officer Identification Card - 32 to meet agency-established active-duty standards for qualification in firearms training to carry a firearm of the same type as the concealed firearm. 2.A certification, issued by either the state in which the person resides or by a certified firearms instructor who is qualified to conduct a firearms qualification test for active- duty law enforcement officers within that state, indicating that the person has, within the past year, been tested or otherwise found to meet the standards established by the state or, if not applicable, the standards of any agency in that state. (b)Not under the influence of alcohol or another intoxicating or hallucinatory drug or substance. (c)Not prohibited by federal law from receiving a firearm. (d)Not in a location prohibited by Indiana law or by a private person or entity on his/her property if such prohibition is permitted by Indiana law. 207.4 RETIRED OFFICER IDENTIFICATION CARD The Chief of Police shall issue a retired officer identification card: (a)To an officer who has retired from that agency as law enforcement officer (I.C. § 35-47-15-4). (b)With an endorsement to carry a concealed firearm to a person who has met the requirements of I.C. § 35-47-15-5. If the department qualifies the retiree, the card may include the date that the person was qualified by the Department to carry a firearm in compliance with 18 USC § 926C(d)(1). 207.4.1 AUTHORIZATION Qualified former officers with a retired officer identification card issued by the Department under state law may carry concealed, within this state, any firearm inspected and approved by the Department. The card does not itself authorize a retiree to carry a concealed firearm outside this state. The former officer must also meet state and LEOSA requirements. 207.5 FORMER OFFICER RESPONSIBILITIES A former officer with a card issued under this policy shall immediately notify the Uniform Patrol Commander of his/her arrest or conviction in any jurisdiction, or that he/she is the subject of a court order, in accordance with the Reporting of Arrests, Convictions and Court Orders Policy. 207.5.1 RESPONSIBILITIES UNDER LEOSA In order to obtain or retain a LEOSA identification card, the former officer shall: (a)Sign a waiver of liability of the Department for all acts taken related to carrying a concealed firearm, acknowledging both his/her personal responsibility as a private person for all acts taken when carrying a concealed firearm as permitted by LEOSA and also that these acts were not taken as an employee or former employee of the Department. (b)Remain subject to all applicable department policies and federal, state and local laws. (c)Demonstrate good judgment and character commensurate with carrying a loaded and concealed firearm. Jeffersonville Police Department Policy Manual Retired Officer Identification Card Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Retired Officer Identification Card - 33 (d)Successfully pass an annual criminal history background check indicating that he/she is not prohibited by law from receiving or possessing a firearm. 207.5.2 RESPONSIBILITIES UNDER INDIANA LAW In order to maintain a retired officer identification card, the retired officer shall (I.C. § 35-47-15-5): (a)Qualify annually with the authorized firearm at a course approved by this department or by the state for active law enforcement officers in the state at the officer’s expense. (b)Remain subject to all applicable department policies and federal, state and local laws. (c)Not engage in conduct that compromises public safety. 207.6 DENIAL, SUSPENSION OR REVOCATION A LEOSA identification card may be denied or revoked upon a showing of good cause as determined by the Department. In the event that an identification card is denied, suspended or revoked, the former officer may request a review by the Chief of Police. The decision of the Chief of Police is final. 207.7 FIREARM QUALIFICATIONS The Firearms Director may provide former officers from this department an opportunity to qualify. Written evidence of the qualification and the weapons used will be provided and will contain the date of the qualification. The Firearms Director will maintain a record of the qualifications and weapons used. 207.8 REPORTING AND RECORDS The Department shall keep a record of all applications to carry a firearm in accordance with the established records retention schedule. 207.8 APPLICATION OF POLICY Nothing in this policy shall preclude the Chief of Police or other head of a municipal police agency from entering into an agreement with the Sheriff of the county to process all applications and license renewals for the carrying of concealed weapons . Policy 208 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department License to Carry a Handgun - 34 License to Carry a Handgun 208.1 PURPOSE AND SCOPE The purpose of this policy is to provide a written process for the application, issuance, denial, appeal and revocation of a license to carry a handgun pursuant to Indiana law (I.C. § 35-47-2-3; I.C. § 35-47-2-5). 208.2 POLICY It is the policy of the Jeffersonville Police Department to fairly and impartially consider all license to carry a handgun applications in accordance with applicable law and this policy. 208.3 APPLICANT QUALIFICATIONS An applicant for a license to carry a handgun must meet the following requirements (I.C. § 35-47-2-3): (a)Submit a completed application form. (b)Be a resident of the City of Jeffersonville or be a resident of another state and have a regular place of business in City of Jeffersonville. (c)Be at least 18 years of age. (d)Be free from criminal convictions that would disqualify the applicant from carrying a handgun. (e)Have a proper reason for carrying the firearm. (f)Be of good moral character and reputation. (g)Be a citizen of the United States or, if not a citizen of the United States, be authorized to carry a firearm under federal law. (h)Pay all associated application fees. 208.4 APPLICATION PROCESS The following elements are required to process an application (I.C. § 35-47-2-3): (a)Submission of an Indiana State Police application to the Chief of Police of the City where the applicant resides. (b)Payment of the statutory application fee by the applicant. (c)The Chief of Police shall verify the applicant’s: 1.Name, full address, length of residence and location of residence to ensure that it is within the jurisdiction of the Jeffersonville Police Department. 2.Occupation, place of business or employment. 3.Criminal record and convictions. 4.Age, sex, date of birth, height, weight, build, color of hair and eyes. 5.Nationality and citizenship. Jeffersonville Police Department Policy Manual License to Carry a Handgun Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department License to Carry a Handgun - 35 6.Whether the applicant has any scars and marks. (d)The Chief of Police shall determine whether the applicant has previously held a license to carry a handgun and if that license has been suspended or revoked. (e)The applicant shall indicate the basis for requesting a license to carry a handgun. (f)The Chief of Police may conduct an investigation into the applicant’s character and reputation. The Chief of Police who receives the application shall forward the completed application to the superintendent of the Indiana State Police along with his/her recommendation for approval or disapproval of the application. If the recommendation is for disapproval, the Chief of Police shall provide, in writing, complete and specific reasons for his/her recommendation. 208.5 APPLICATION NOTIFICATION 208.5.1 APPROVAL AND ISSUANCE The superintendent of the Indiana State Police determines whether to approve, issue and deliver a license to carry a handgun (I.C. § 35-47-2-3). 208.5.2 DENIAL OF APPLICATION In the event this department denies a license to carry a handgun, the specific reasons for the denial must be provided to the applicant (240 I.A.C. 3-4-1). 208.5.3 APPEAL In the event a license to carry a handgun is denied and appealed, the following shall apply (240 I.A.C. 3-4-1): (a)An applicant or licensee may request an administrative hearing with the superintendent of the Indiana State Police. (b)A member of the Department shall appear, when requested, at a hearing when the Department has recommended disapproval of a license. 208.6 SUSPENDING OR REVOKING A LICENSE Any license to carry a handgun may be immediately suspended or revoked by the superintendent of the Indiana State Police (I.C. § 35-47-2-5). 208.7 APPLICATION FOR RENEWAL To renew a license to carry a handgun, the application may be filed one year before the expiration of the existing license. If the application is filed within 30 days of the expiration of the existing license, the existing license is automatically renewed until the application is approved or disapproved by the superintendent of the Indiana State Police (I.C. § 35-47-2-6). Jeffersonville Police Department Policy Manual License to Carry a Handgun Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department License to Carry a Handgun - 36 208.8 REPORTING AND RECORDS The Department shall keep a record of all applications for a license to carry a handgun in accordance with the established records retention schedule. 208.8.1 CONFIDENTIAL RECORDS All information collected from an applicant is confidential unless otherwise allowed by law (I.C. § 35-47-2-3). Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department General Operations - 37 Chapter 3 - General Operations Policy 300 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Use of Force - 38 Use of Force 300.1 PURPOSE AND SCOPE This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, every member of this department is expected to use these guidelines to make such decisions in a professional, impartial and reasonable manner. 300.1.1 DEFINITIONS Definitions related to this policy include: Deadly force - Force reasonably anticipated and intended to create a substantial likelihood of causing death or very serious injury. Force - The application of physical techniques or tactics, chemical agents or weapons to another person. It is not a use of force when a person allows him/herself to be searched, escorted, handcuffed or restrained. Imminent - Ready to take place; impending. Note that imminent does not mean immediate or instantaneous. 300.2 POLICY The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties. Officers must have an understanding of, and true appreciation for, their authority and limitations. This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties. The Jeffersonville Police Department recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation and a careful balancing of all interests. 300.2.1 DUTY TO INTERCEDE Any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intercede to prevent the use of unreasonable force. An officer who observes another employee use force that exceeds the degree of force permitted by law should promptly report these observations to a supervisor. 300.3 USE OF FORCE Officers shall use only that amount of force that reasonably appears necessary given the facts and circumstances perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose. Jeffersonville Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Use of Force - 39 The reasonableness of force will be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that officers are often forced to make split-second decisions about the amount of force that reasonably appears necessary in a particular situation, with limited information and in circumstances that are tense, uncertain and rapidly evolving. Given that no policy can realistically predict every possible situation an officer might encounter, officers are entrusted to use well-reasoned discretion in determining the appropriate use of force in each incident. It is also recognized that circumstances may arise in which officers reasonably believe that it would be impractical or ineffective to use any of the tools, weapons or methods provided by this department. Officers may find it more effective or reasonable to improvise their response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any improvised device or method must nonetheless be reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose. While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be exposed to possible physical injury before applying reasonable force. 300.3.1 USE OF FORCE TO EFFECT AN ARREST An officer may use reasonable force to (I.C. § 35-41-3-3): (a)Effect a lawful arrest. (b)Prevent escape. 300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include, but are not limited to: (a)Immediacy and severity of the threat to officers or others. (b)The conduct of the individual being confronted, as reasonably perceived by the officer at the time. (c)Officer/subject factors (e.g., age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects). (d)The effects of drugs or alcohol. (e)Individual’s mental state or capacity. (f)Proximity of weapons or dangerous improvised devices. (g)The degree to which the individual has been effectively restrained and his/her ability to resist despite being restrained. Jeffersonville Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Use of Force - 40 (h)The availability of other options and their possible effectiveness. (i)Seriousness of the suspected offense or reason for contact with the individual. (j)Training and experience of the officer. (k)Potential for injury to officers, suspects and others. (l)Whether the individual appears to be resisting, attempting to evade arrest by flight or is attacking the officer. (m)The risk and reasonably foreseeable consequences of escape. (n)The apparent need for immediate control of the individual or a prompt resolution of the situation. (o)Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others. (p)Prior contacts with the individual or awareness of any propensity for violence. (q)Any other exigent circumstances. 300.3.3 PAIN COMPLIANCE TECHNIQUES Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Officers may only apply those pain compliance techniques for which they have successfully completed department-approved training. Officers utilizing any pain compliance technique should consider: (a)The degree to which the application of the technique may be controlled given the level of resistance. (b)Whether the individual can comply with the direction or orders of the officer. (c)Whether the individual has been given sufficient opportunity to comply. The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved. 300.3.4 USE OF FORCE TO SEIZE EVIDENCE In general, officers may use reasonable force to lawfully seize evidence and to prevent the destruction of evidence. However, officers are discouraged from using force solely to prevent a person from swallowing evidence or contraband. In the instance when force is used, officers should not intentionally use any technique that restricts blood flow to the head, restricts respiration or which creates a reasonable likelihood that blood flow to the head or respiration would be restricted. Officers are encouraged to use techniques and methods taught by the Jeffersonville Police Department for this specific purpose. 300.4 DEADLY FORCE APPLICATIONS Use of deadly force is justified in the following circumstances: Jeffersonville Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Use of Force - 41 (a)An officer may use deadly force to protect him/herself or others from what he/she reasonably believes would be an imminent threat of death or serious bodily injury. (b)An officer may use deadly force to stop a fleeing subject when the officer has probable cause to believe that the individual has committed, or intends to commit, a felony involving the infliction or threatened infliction of serious bodily injury or death, and the officer reasonably believes that there is an imminent risk of serious bodily injury or death to any other person if the individual is not immediately apprehended. Under such circumstances, a verbal warning should precede the use of deadly force, where feasible (I.C. § 35-41-3-3). Imminent does not mean immediate or instantaneous. An imminent danger may exist even if the suspect is not at that very moment pointing a weapon at someone. For example, an imminent danger may exist if an officer reasonably believes any of the following: 1.The individual has a weapon or is attempting to access one and it is reasonable to believe the individual intends to use it against the officer or another. 2.The individual is capable of causing serious bodily injury or death without a weapon and it is reasonable to believe the individual intends to do so. 300.4.1 SHOOTING AT OR FROM MOVING VEHICLES Shots fired at or from a moving vehicle are rarely effective. Officers should move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means available to avert the threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others. Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle. 300.5 REPORTING THE USE OF FORCE Any use of force by a member of this department shall be documented promptly, completely and accurately in an appropriate Use of Force and Case Report. The officer should articulate the factors perceived and why he/she believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation, analysis and related purposes, the Department may require the completion of additional report forms, as specified in department policy, procedure or law. 300.5.1 NOTIFICATIONS TO SUPERVISORS Supervisory notification shall be made as soon as practicable following the application of force in any of the following circumstances: (a)The application caused a visible injury. (b)The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort. (c)The individual subjected to the force complained of injury or continuing pain. Jeffersonville Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Use of Force - 42 (d)The individual indicates intent to pursue litigation. (e)Any application of the TASER (TM) or control device. (f)Any application of a restraint device other than handcuffs, shackles or belly chains. (g)The individual subjected to the force was rendered unconscious. (h)An individual was struck or kicked. (i)An individual alleges any of the above has occurred. (j)Anytime an officer draws his/her firearm in order to affect an arrest or gain compliance. 300.6 MEDICAL CONSIDERATIONS Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs of physical distress, has sustained visible injury, expresses a complaint of injury or continuing pain, or was rendered unconscious. Any individual exhibiting signs of physical distress after an encounter should be continuously monitored until he/she can be medically assessed. Based upon the officer’s initial assessment of the nature and extent of the individual’s injuries, medical assistance may consist of examination by an emergency medical services provider or medical personnel at a hospital or jail. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable, should be witnessed by another officer and/or medical personnel. If a recording is made of the contact or an interview with the individual, any refusal should be included in the recording, if possible. The on-scene supervisor or, if the on-scene supervisor is not available, the primary handling officer shall ensure that any person providing medical care or receiving custody of a person following any use of force is informed that the person was subjected to force. This notification shall include a description of the force used and any other circumstances the officer reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration). Individuals who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain (sometimes called “excited delirium”), or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death. Calls involving these persons should be considered medical emergencies. Officers who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away (see the Medical Aid and Response Policy). 300.7 SUPERVISOR RESPONSIBILITIES When a supervisor is able to respond to an incident in which there has been a reported application of force, the supervisor is expected to: (a)Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties. Jeffersonville Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Use of Force - 43 (b)Ensure that any injured parties are examined and treated. (c)Once any initial medical assessment has been completed or first aid has been rendered, ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas. 1.These photographs should be retained until all potential for civil litigation has expired. (d)Ensure all required use of force reporting documents have been completed by officers and supervisors. (e)Review, approve and/or recommed all related reports. (f) Evaluate the circumstances surrounding the incident and initiate an administrative investigation if there is a question of policy noncompliance or if for any reason further investigation may be appropriate. In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances permit. 300.7.1 UNIFORM PATROL COMMANDER RESPONSIBILITY The Uniform Patrol Commander shall review each use of force by any personnel within his/her command to ensure compliance with this policy and to address any training issues. 300.8 TRAINING Officers will receive periodic training on this policy and demonstrate their knowledge and understanding. 300.9 USE OF FORCE ANALYSIS At least annually, the Uniform Assistant Chief should prepare an analysis report on use of force incidents. This report should be submitted to the Chief of Police. The report should include: (a)The identification of any trends in the use of force by members. (b)Any applicable training recommendations. (c)Any applicable equipment recommendations. (d)Any recommended policy revisions. Policy 301 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Use of Force Review Boards - 44 Use of Force Review Boards 301.1 PURPOSE AND SCOPE This policy establishes a process for the Jeffersonville Police Department to review the use of force by its members. This review process shall be in addition to any other review or investigation that may be conducted by any outside or multi-agency entity having jurisdiction over the investigation or the evaluation of the use of force. 301.2 POLICY The Jeffersonville Police Department will objectively evaluate the use of force by its members to ensure that their authority is used appropriately and is consistent with training and policy. 301.3 REMOVAL FROM LINE DUTY ASSIGNMENT Generally, whenever a member’s actions or use of force in an official capacity, or while using department equipment, results in death or serious injury to another, that member will be placed in a temporary administrative assignment pending an administrative review. The Chief of Police may exercise discretion and choose not to place a member in an administrative assignment. 301.4 REVIEW BOARD The Use of Force Review Board will be convened when the use of force by a member results in very serious injury or death to another. The Use of Force Review Board will also investigate and review the circumstances surrounding every discharge of a firearm, whether the member was on- or off-duty, excluding training or recreational use. The Chief of Police may request the Use of Force Review Board to investigate the circumstances surrounding any use of force incident. The Assistant Chief will convene the Use of Force Review Board as necessary. It will be the responsibility of the Assistant Chief or supervisor of the involved member to notify the Assistant Chief of any incidents requiring board review. The involved member’s Assistant Chief or supervisor will also ensure that all relevant reports, documents and materials are available for consideration and review by the board. 301.4.1 COMPOSITION OF THE BOARD The Assistant Chief should staff the Use of Force Review Board with five individuals from the following, as appropriate: •Administration Representative •Training Commander •A peer officer/department member Jeffersonville Police Department Policy Manual Use of Force Review Boards Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Use of Force Review Boards - 45 •The senior ranking command staff representative who is not in the same division as the involved member. 301.4.2 RESPONSIBILITIES OF THE BOARD The Use of Force Review Board is empowered to conduct an administrative review and inquiry into the circumstances of an incident. The board members may request further investigation, request reports be submitted for the board’s review, call persons to present information and request the involved member to appear. The involved member will be notified of the meeting of the board and may choose to have a representative through all phases of the review process. The board does not have the authority to recommend discipline. The Chief of Police will determine whether the board should delay its review until after completion of any criminal investigation, review by any prosecutorial body, filing of criminal charges, the decision not to file criminal charges or any other action. The board should be provided all relevant available material from these proceedings for its consideration. Absent an express waiver from the involved member, no more than two designated board members may ask questions of the involved member. Other board members may provide questions to the designated board members. The review shall be based upon those facts which were reasonably believed or known by the officer at the time of the incident, applying any legal requirements, department policies, procedures and approved training to those facts. Facts later discovered but unknown to the involved member at the time shall neither justify nor call into question a member’s decision regarding the use of force. Any questioning of the involved member conducted by the board will be in accordance with Jeffersonville Police Department disciplinary procedures, the Personnel Complaints Policy, the current collective bargaining agreement and any applicable state or federal law. The board shall make one of the following recommended findings: (a)The member’s actions were within department policy and procedure. (b)The member’s actions were in violation of department policy and procedure. A recommended finding requires a majority vote of the board. The board may also recommend additional investigations or reviews, such as disciplinary investigations, training reviews to consider whether training should be developed or revised, and policy reviews, as may be appropriate. The board chairperson will submit the written recommendation to the Chief of Police. The Chief of Police shall review the recommendation, make a final determination as to whether the member’s actions were within policy and procedure, and determine whether any additional Jeffersonville Police Department Policy Manual Use of Force Review Boards Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Use of Force Review Boards - 46 actions, investigations or reviews are appropriate. T If the Chief of Police concludes that discipline should be considered, a disciplinary process will be initiated. At the conclusion of any additional reviews, copies of all relevant reports and information will be filed with the Chief of Police. Policy 302 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Handcuffing and Restraints - 47 Handcuffing and Restraints 302.1 PURPOSE AND SCOPE This policy provides guidelines for the use of handcuffs and other restraints during detentions and arrests. 302.2 POLICY The Jeffersonville Police Department authorizes the use of restraint devices in accordance with this policy, the Use of Force Policy and department training. Restraint devices shall not be used to punish, to display authority or as a show of force. 302.3 USE OF RESTRAINTS Only members who have successfully completed Jeffersonville Police Department-approved training on the use of restraint devices described in this policy are authorized to use these devices. When deciding whether to use any restraint, officers should carefully balance officer safety concerns with factors that include, but are not limited to: •The circumstances or crime leading to the arrest. •The demeanor and behavior of the arrested person. •The age and health of the person. •Whether the person is known to be pregnant. •Whether the person has a hearing or speaking disability. In such cases, consideration should be given, safety permitting, to handcuffing to the front in order to allow the person to sign or write notes. •Whether the person has any other apparent disability. 302.3.1 RESTRAINT OF DETAINEES Situations may arise where it may be reasonable to restrain a person who may, after brief investigation, be released without arrest. Unless arrested, the use of restraints on detainees should continue only for as long as is reasonably necessary to ensure the safety of officers and others. When deciding whether to remove restraints from a detainee, officers should continuously weigh the safety interests at hand against the continuing intrusion upon the detainee. 302.3.2 RESTRAINT OF PREGNANT PERSONS Persons who are known to be pregnant should be restrained in the least restrictive manner that is effective for officer safety and in no event shall these persons be restrained by the use of leg irons, waist chains or handcuffs behind the body. No person who is in labor, delivery or recovery after delivery shall be handcuffed or restrained except in extraordinary circumstances and only when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, officers or others. Jeffersonville Police Department Policy Manual Handcuffing and Restraints Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Handcuffing and Restraints - 48 302.3.3 RESTRAINT OF JUVENILES A juvenile under 12 years of age should generally not be restrained unless he/she is suspected of a dangerous felony or when the officer has a reasonable suspicion that the juvenile may resist, attempt escape, injure him/herself, injure the officer or damage property. 302.3.4 NOTIFICATIONS Whenever an officer transports a person with the use of restraints other than handcuffs, the officer shall inform the jail staff upon arrival at the jail that restraints were used. This notification should include information regarding any other circumstances the officer reasonably believes would be potential safety concerns or medical risks to the person (e.g., prolonged struggle, extreme agitation, impaired respiration) that may have occurred prior to, or during, transportation to the jail. Whenever an officer transports a person with the use of restraints other than handcuffs, the officer shall inform the on duty supervisors that restraints were used. 302.4 APPLICATION OF HANDCUFFS OR PLASTIC CUFFS Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a person’s hands to ensure officer safety. Although recommended for most arrest situations, handcuffing is discretionary.Officers should consider handcuffing any person they reasonably believe warrants that degree of restraint. However, officers should not conclude that in order to avoid risk every person should be handcuffed regardless of the circumstances. In most situations, handcuffs should be applied with the hands behind the person’s back. When feasible, handcuffs should be double-locked to prevent tightening, which may cause undue discomfort or injury to the hands or wrists. In situations where one pair of handcuffs does not appear sufficient to restrain the person or may cause unreasonable discomfort due to the person’s size, officers should consider alternatives, such as using an additional set of handcuffs or multiple plastic cuffs. Handcuffs should be removed as soon as it is reasonable or after the person has been searched and is safely confined within a detention facility. 302.5 APPLICATION OF SPIT HOODS Spit hoods are temporary protective devices designed to prevent the wearer from biting and/or transferring or transmitting fluids (saliva and mucous) to others. Spit hoods may be placed upon persons in custody when the officer reasonably believes the person will bite or spit, either on a person or in an inappropriate place. They are generally used during application of a physical restraint, while the person is restrained, or during or after transport. Officers utilizing spit hoods should ensure that the spit hood is fastened properly to allow for adequate ventilation and that the restrained person can breathe normally. Officers should provide assistance during the movement of a restrained person due to the potential for impairing or Jeffersonville Police Department Policy Manual Handcuffing and Restraints Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Handcuffing and Restraints - 49 distorting that person’s vision. Officers should avoid comingling those wearing spit hoods with other detainees. Spit hoods should not be used in situations where the restrained person is bleeding profusely from the area around the mouth or nose, or if there are indications that the person has a medical condition, such as difficulty breathing or vomiting. In such cases, prompt medical care should be obtained. If the person vomits while wearing a spit hood, the spit hood should be promptly removed and discarded. Persons who have been sprayed with oleoresin capsicum (OC) spray should be thoroughly decontaminated, including hair, head and clothing, prior to application of a spit hood. Those who have been placed in a spit hood should be continually monitored and shall not be left unattended until the spit hood is removed. Spit hoods shall be discarded after each use. 302.6 APPLICATION OF AUXILIARY RESTRAINT DEVICES Auxiliary restraint devices include transport belts, waist or belly chains, transportation chains, leg irons and other similar devices. Auxiliary restraint devices are intended for use during long-term restraint or transportation. They provide additional security and safety without impeding breathing, while permitting adequate movement, comfort and mobility. Only department-authorized devices may be used. Any person in auxiliary restraints should be monitored as reasonably appears necessary. 302.7 APPLICATION OF LEG RESTRAINT DEVICES Leg restraints may be used to restrain the legs of a violent or potentially violent person when it is reasonable to do so during the course of detention, arrest or transportation. Only restraint devices approved by the Department shall be used. In determining whether to use the leg restraint, officers should consider: (a)Whether the officer or others could be exposed to injury due to the assaultive or resistant behavior of a person. (b)Whether it is reasonably necessary to protect the person from his/her own actions (e.g., hitting his/her head against the interior of the patrol vehicle, running away from the arresting officer while handcuffed, kicking at objects or officers). (c)Whether it is reasonably necessary to avoid damage to property (e.g., kicking at windows of the patrol vehicle). 302.7.1 GUIDELINES FOR USE OF LEG RESTRAINTS When applying leg restraints the following guidelines should be followed: (a)If practicable, officers should notify a supervisor of the intent to apply the leg restraint device. In all cases, a supervisor shall be notified as soon as practicable after the application of the leg restraint device. Jeffersonville Police Department Policy Manual Handcuffing and Restraints Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Handcuffing and Restraints - 50 (b)Once applied, absent a medical or other emergency, restraints should remain in place until the officer arrives at the jail or other facility or the person no longer reasonably appears to pose a threat. (c)Once secured, the person should be placed in a seated or upright position, secured with a seat belt, and shall not be placed on his/her stomach for an extended period, as this could reduce the person’s ability to breathe. (d)The restrained person should be continually monitored by an officer while in the leg restraint. The officer should ensure that the person does not roll onto and remain on his/her stomach. (e)The officer should look for signs of labored breathing and take appropriate steps to relieve and minimize any obvious factors contributing to this condition. (f)When transported by emergency medical services, the restrained person should be accompanied by an officer when requested by medical personnel. The transporting officer should describe to medical personnel any unusual behaviors or other circumstances the officer reasonably believes would be potential safety or medical risks to the person (e.g., prolonged struggle, extreme agitation, impaired respiration). 302.8 REQUIRED DOCUMENTATION If a person is restrained and released without an arrest, the officer shall document the details of the detention and the need for handcuffs or other restraints in a incident report. If a person is arrested, the use of restraints other than handcuffs shall be documented in the related report. The officer should include, as appropriate: (a)The amount of time the person was restrained. (b)How the person was transported and the position of the person during transport. (c)Observations of the person’s behavior and any signs of physiological problems. (d)Any known or suspected drug use or other medical problems. Policy 303 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Control Devices - 51 Control Devices 303.1 PURPOSE AND SCOPE This policy provides guidelines for the use and maintenance of control devices that are described in this policy. 303.2 POLICY In order to control individuals who are violent or who demonstrate the intent to be violent, the Jeffersonville Police Department authorizes officers to use control devices in accordance with the guidelines in this policy and the Use of Force Policy. The Chief of Police may also authorize other positions or individual department members to use specific control devices. 303.3 ISSUING, CARRYING AND USING CONTROL DEVICES Control devices described in this policy may be carried and used by members of this department only if the device has been issued by the Department or approved by the Chief of Police or the authorized designee. Only those members who have successfully completed department-approved training in the use of any control device are authorized to carry and use the device. Control devices may be used when a decision has been made to control, restrain or arrest a person who is violent or who demonstrates the intent to be violent and the use of the device appears reasonable under the circumstances. When reasonable, a verbal warning and opportunity to comply should precede the use of these devices. 303.4 RESPONSIBILITIES 303.4.1 UNIFORM PATROL COMMANDER RESPONSIBILITIES The Uniform Patrol Commander or his/her designee may authorize the use of a control device by selected department members or those in specialized assignments who have successfully completed the required training. The Uniform Patrol Commander shall control the inventory and issuance of all control devices and shall ensure that all damaged, inoperative, outdated or expended control devices or munitions are properly disposed of, repaired or replaced. Every control device will be periodically inspected by the Uniform Patrol Commander or the desinated instructor for a particular control device. The inspection shall be documented. 303.4.2 USER RESPONSIBILITIES All normal maintenance, charging or cleaning shall remain the responsibility of personnel using the various devices. Jeffersonville Police Department Policy Manual Control Devices Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Control Devices - 52 Any damaged, inoperative, outdated or expended control devices or munitions, along with documentation explaining the cause of the damage, shall be returned to the Uniform Patrol Commander or his/her designee for disposition. Documentation shall also be forwarded through the chain of command, when appropriate, explaining the cause of damage. 303.5 BATON GUIDELINES The need to immediately control a suspect must be weighed against the risk of causing serious injury. The head, neck, throat, spine, heart, kidneys and groin should not be intentionally targeted except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to him/herself or others. When carrying a baton, uniformed personnel shall carry the baton in its authorized holder on the equipment belt. Plainclothes and non-field personnel may carry the baton as authorized and in accordance with the needs of their assignments or at the direction of their supervisors. 303.6 TEAR GAS GUIDELINES Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Incident Commander or Special Weapons and Tactics Team Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary. When practicable, fire and emergency medical services personnel should be alerted or summoned to the scene prior to the deployment of tear gas to control any fires and to assist in providing medical aid or gas evacuation, if needed. 303.7 OLEORESIN CAPSICUM (OC) GUIDELINES As with other control devices, OC spray may be considered for use to bring under control an individual or group of individuals who are engaging in, or are about to engage in, violent behavior. OC spray should not, however, be used against individuals or groups who merely fail to disperse or do not reasonably appear to present a risk to the safety of department members or the public. 303.7.1 OC SPRAY Uniformed members carrying OC spray shall carry the device in its holster on the equipment belt. Plainclothes and non-field members may carry OC spray as authorized, in accordance with the needs of their assignments or at the direction of their supervisors. 303.7.2 TREATMENT FOR OC EXPOSURE Persons who have been sprayed with or otherwise affected by the use of OC should be promptly provided with clean water to cleanse the affected areas. Those who complain of further severe effects shall be examined by appropriate medical personnel. 303.8 POST-APPLICATION NOTICE Whenever tear gas or OC has been introduced into a residence, building interior, vehicle or other enclosed area, the owners or available occupants should be provided with notice of the possible Jeffersonville Police Department Policy Manual Control Devices Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Control Devices - 53 presence of residue which could result in irritation or injury if the area is not properly cleaned. Such notice should include advisement that cleanup will be at the owner’s expense. Information regarding how and when the notice was delivered and the individuals notified should be included in related reports. 303.9 KINETIC ENERGY PROJECTILE GUIDELINES This department is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation. 303.9.1 DEPLOYMENT AND USE Only department-approved kinetic energy munitions shall be carried and deployed. Approved munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option. Officers are not required or compelled to use approved munitions in lieu of other reasonable tactics if the involved officer determines that deployment of these munitions cannot be done safely. The safety of hostages, innocent persons and officers takes priority over the safety of individuals engaged in criminal or suicidal behavior. Circumstances appropriate for deployment include, but are not limited to, situations in which: (a)The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions. (b)The suspect has made credible threats to harm him/herself or others. (c)The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at officers, other department members and/or other people. (d)There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. 303.9.2 DEPLOYMENT CONSIDERATIONS Before discharging projectiles, the officer should consider such factors as: (a)Distance and angle to target. (b)Type of munitions employed. (c)Type and thickness of subject’s clothing. (d)The subject’s proximity to others. (e)The location of the subject. (f)Whether the subject’s actions dictate the need for an immediate response and the use of control devices appears appropriate. Jeffersonville Police Department Policy Manual Control Devices Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Control Devices - 54 A verbal warning of the intended use of the device should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. The purpose of the warning is to give the individual a reasonable opportunity to voluntarily comply and to warn other officers and individuals that the device is being deployed. Officers should keep in mind the manufacturer’s recommendations and their training regarding effective distances and target areas. However, officers are not restricted solely to use according to manufacturer recommendations. Each situation must be evaluated on the totality of circumstances at the time of deployment. The need to immediately incapacitate the suspect must be weighed against the risk of causing serious injury or death. The head and neck should not be intentionally targeted, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others. 303.9.3 SAFETY PROCEDURES Shotguns specifically designated for use with kinetic energy projectiles will be specially marked in a manner that makes them readily identifiable as such. Officers will inspect shotguns and projectiles at the beginning of each shift to ensure that the shotguns are in proper working order and the projectiles are of the approved type and appear to be free from defects. When they are not deployed, shotguns will be unloaded and properly and securely stored in police department vehicles. When deploying a kinetic energy projectile shotgun, officers shall visually inspect the kinetic energy projectiles to ensure that conventional ammunition is not being loaded into the shotgun. Absent compelling circumstances, officers who must transition from conventional ammunition to kinetic energy projectiles will employ the two-person rule for loading. The two-person rule is a safety measure in which a second officer watches the unloading and loading process to ensure that the weapon is completely emptied of conventional ammunition. 303.10 TRAINING FOR CONTROL DEVICES The Training Commander shall ensure that those members who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. (a)Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. (b)All training and proficiency for control devices will be documented in the member’s training file. (c)Members who fail to demonstrate proficiency with the control device or knowledge of the Use of Force Policy will be provided remedial training. If a member cannot demonstrate proficiency with a control device or knowledge of the Use of Force Policy after remedial Jeffersonville Police Department Policy Manual Control Devices Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Control Devices - 55 training, the member will be restricted from carrying the control device and may be subject to discipline. 303.11 REPORTING USE OF CONTROL DEVICES Any application of a control device shall be documented in the related incident report and reported pursuant to the Use of Force Policy. Policy 304 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Conducted Energy Device - 56 Conducted Energy Device 304.1 PURPOSE AND SCOPE This policy provides guidelines for the issuance and use of the TASER (TM). 304.2 POLICY The TASER device is used to control a violent or potentially violent individual. The appropriate use of such a device should result in fewer serious injuries to officers and suspects. 304.3 ISSUANCE AND CARRYING TASER DEVICES Only members who have successfully completed department-approved training may be issued and may carry the TASER device. TASER devices are issued for use during a member’s current assignment. Those leaving a particular assignment may be required to return the device to the department inventory. Officers shall only use the TASER device and cartridges that have been issued by the Department. Uniformed officers who have been issued the TASER device shall wear the device in an approved holster. Non-uniformed officers may secure the TASER device in the driver’s compartment of their vehicles. Members carrying the TASER device should perform a spark test prior to every shift. When carried while in uniform, officers shall carry the TASER device in a weak-side holster on the side opposite the duty weapon. (a)All TASER devices shall be clearly and distinctly marked to differentiate them from the duty weapon and any other device. (b)Whenever practicable, officers should carry two or more cartridges on their person when carrying the TASER device. (c)Officers shall be responsible for ensuring that the issued TASER device is properly maintained and in good working order. (d)Officers should not hold a firearm and the TASER device at the same time. 304.4 VERBAL AND VISUAL WARNINGS A verbal warning of the intended use of the TASER device should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. The purpose of the warning is to: (a)Provide the individual with a reasonable opportunity to voluntarily comply. (b)Provide other officers and individuals with a warning that the TASER device may be deployed. Jeffersonville Police Department Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Conducted Energy Device - 57 If, after a verbal warning, an individual fails to voluntarily comply with an officer’s lawful orders and it appears both reasonable and feasible under the circumstances, the officer may, but is not required, to display the electrical arc (provided that a cartridge has not been loaded into the device) or the laser in a further attempt to gain compliance prior to the application of the TASER device. The aiming laser should not be intentionally directed into anyone's eyes. The fact that a verbal or other warning was given or the reasons it was not given shall be documented by the officer deploying the TASER device in the related report. 304.5 USE OF THE TASER DEVICE The TASER device has limitations and restrictions requiring consideration before its use. The TASER device should only be used when its operator can safely approach the subject within the operational range of the device. Although the TASER device is effective in controlling most individuals, officers should be aware that the device may not achieve the intended results and be prepared with other options. 304.5.1 APPLICATION OF THE TASER DEVICE The TASER device may be used in any of the following circumstances, when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to control a person: (a)The subject is violent or is physically resisting. (b)The subject has demonstrated, by words or action, an intention to be violent or to physically resist, and/or reasonably appears to present the potential to harm officers, him/herself or others. Mere flight from a pursuing officer, without other known circumstances or factors, is not good cause for the use of the TASER device to apprehend an individual. The TASER device shall not be used to psychologically torment, to elicit statements or to punish any individual. 304.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS The use of the TASER device on certain individuals should be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective or would present a greater danger to the officer, the subject or others, and the officer reasonably believes that the need to control the individual outweighs the risk of using the device. This includes: (a)Individuals who are known to be pregnant. (b)Elderly individuals or obvious juveniles. (c)Individuals with obviously low body mass. (d)Individuals who are handcuffed or otherwise restrained. Jeffersonville Police Department Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Conducted Energy Device - 58 (e)Individuals who have been recently sprayed with a flammable chemical agent or who are otherwise in close proximity to any known combustible vapor or flammable material, including alcohol-based oleoresin capsicum (OC) spray. (f)Individuals whose position or activity may result in collateral injury (e.g., falls from height, operating vehicles). Because the application of the TASER device in the drive-stun mode (i.e., direct contact without probes) relies primarily on pain compliance, the use of the drive-stun mode should be limited to supplementing the probe-mode to complete the circuit, or as a distraction technique to gain separation between officers and the subject, thereby giving officers time and distance to consider other force options or actions. 304.5.3 TARGETING CONSIDERATIONS The preferred targeting areas include the individual’s back or front lower-center mass. The head, neck, chest and groin should be avoided when reasonably practicable. If the dynamics of a situation or officer safety do not permit the officer to limit the application of the TASER device probes to a precise target area, officers should monitor the condition of the subject if one or more probes strikes the head, neck, chest or groin until the subject is examined by paramedics or other medical personnel. 304.5.4 MULTIPLE APPLICATIONS OF THE TASER DEVICE Officers should apply the TASER device for only one standard cycle and then evaluate the situation before applying any subsequent cycles. Officers should not intentionally apply more than one TASER device at a time against a single individual. If the first application of the TASER device appears to be ineffective in gaining control of an individual, the officer should evaluate the situation and consider certain factors before additional applications of the TASER device, including: (a)Whether it is reasonable to believe that the need to control the individual outweighs the potentially increased risk posed by multiple applications. (b)Whether the probes are making proper contact. (c)Whether the individual has the ability and has been given a reasonable opportunity to comply. (d)Whether verbal commands, other options or tactics may be more effective. 304.5.5 ACTIONS FOLLOWING DEPLOYMENTS Officers should take appropriate actions to control and restrain the individual to minimize the need for longer or multiple exposures to the TASER device. As soon as practicable, officers shall notify a supervisor any time the TASER device has been discharged. Confetti tags should be collected and the expended cartridge, along with both probes and wire, should be submitted into evidence. The cartridge serial number should be noted and documented on the evidence paperwork. The evidence packaging should be marked "Biohazard" if the probes penetrated the subject’s skin. Jeffersonville Police Department Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Conducted Energy Device - 59 304.5.6 DANGEROUS ANIMALS The TASER device may be deployed against an animal as part of a plan to deal with a potentially dangerous animal, such as a dog, if the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective. 304.6 DOCUMENTATION Officers shall document all TASER device discharges in the related arrest/crime reports and the TASER device report forms. Notification shall also be made to a supervisor in compliance with the Use of Force Policy. Unintentional discharges, pointing the device at a person, laser activation and arcing the device, other than for testing purposes, will also be documented on the report form. 304.6.1 TASER DEVICE REPORT FORM Items that shall be included in the TASER device report form are: (a)The type and brand of TASER device and cartridge and cartridge serial number. (b)Date, time and location of the incident. (c)Whether any display, laser or arc deterred a subject and gained compliance. (d)The number of TASER device activations, the duration of each cycle, the duration between activations, and (as best as can be determined) the duration that the subject received applications. (e)The type of mode used (probe or drive-stun). (f)Location of any probe impact. (g)Location of contact in drive-stun mode. (h)Whether medical care was provided to the subject. (i)Whether the subject sustained any injuries. (j)Whether any officers sustained any injuries. The Training Commander should periodically analyze the report forms to identify trends, including deterrence and effectiveness. The Training Commander should also conduct audits of data downloads and reconcile TASER device report forms with recorded activations. 304.6.2 REPORTS The officer should include the following in the arrest/crime report: (a)Identification of all personnel firing TASER devices (b)Identification of all witnesses (c)Medical care provided to the subject (d)Observations of the subject’s physical and physiological actions Jeffersonville Police Department Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Conducted Energy Device - 60 (e)Any known or suspected drug use, intoxication or other medical problems 304.7 MEDICAL TREATMENT Consistent with local medical personnel protocols and absent extenuating circumstances, only appropriate medical personnel should remove TASER device probes from a person’s body. Used TASER device probes shall be treated as a sharps biohazard, similar to a used hypodermic needle, and handled appropriately. Universal precautions should be taken. All persons who have been struck by TASER device probes or who have been subjected to the electric discharge of the device or who sustained direct exposure of the laser to the eyes shall be medically assessed prior to booking. Additionally, any such individual who falls under any of the following categories should, as soon as practicable, be examined by paramedics or other qualified medical personnel: (a)The person is suspected of being under the influence of controlled substances and/or alcohol. (b)The person may be pregnant. (c)The person reasonably appears to be in need of medical attention. (d)The TASER device probes are lodged in a sensitive area (e.g., groin, female breast, head, face, neck). (e)The person requests medical treatment. Any individual exhibiting signs of distress or who is exposed to multiple or prolonged applications (i.e., more than 15 seconds) shall be transported to a medical facility for examination or medically evaluated prior to booking. If any individual refuses medical attention, such a refusal should be witnessed by another officer and/or medical personnel and shall be fully documented in related reports. If an audio recording is made of the contact or an interview with the individual, any refusal should be included, if possible. The transporting officer shall inform any person providing medical care or receiving custody that the individual has been subjected to the application of the TASER device (see the Medical Aid and Response Policy). 304.8 SUPERVISOR RESPONSIBILITIES When possible, supervisors should respond to calls when they reasonably believe there is a likelihood the TASER device may be used. A supervisor should respond to all incidents where the TASER device was activated. A supervisor should review each incident where a person has been exposed to an activation of the TASER device. The device’s onboard memory should be downloaded through the data port by a supervisor or Firearms Director and saved with the related arrest/crime report. Photographs of probe sites should be taken and witnesses interviewed. Jeffersonville Police Department Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Conducted Energy Device - 61 304.9 TRAINING Personnel who are authorized to carry the TASER device shall be permitted to do so only after successfully completing the initial department-approved training. Any personnel who have not carried the TASER device as a part of their assignments for a period of six months or more shall be recertified by a qualified TASER device instructor prior to again carrying or using the device. Proficiency training for personnel who have been issued TASER devices should occur every year. A reassessment of an officer’s knowledge and/or practical skills may be required at any time if deemed appropriate by the Training Commander. All training and proficiency for TASER devices will be documented in the officer’s training files. Command staff, supervisors and investigators should receive TASER device training as appropriate for the investigations they conduct and review. Officers who do not carry TASER devices should receive training that is sufficient to familiarize them with the device and with working with officers who use the device. The Training Commander is responsible for ensuring that all members who carry TASER devices have received initial and annual proficiency training. Periodic audits should be used for verification. Application of TASER devices during training could result in injuries and should not be mandatory for certification. The Training Commander should ensure that all training includes: (a)A review of this policy. (b)A review of the Use of Force Policy. (c)Performing weak-hand draws or cross-draws to reduce the possibility of unintentionally drawing and firing a firearm. (d)Target area considerations, to include techniques or options to reduce the unintentional application of probes near the head, neck, chest and groin. (e)Handcuffing a subject during the application of the TASER device and transitioning to other force options. (f)De-escalation techniques. (g)Restraint techniques that do not impair respiration following the application of the TASER device. Policy 305 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Officer-Involved Shootings and Deaths - 62 Officer-Involved Shootings and Deaths 305.1 PURPOSE AND SCOPE The purpose of this policy is to establish policy and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of other action of an officer. In other incidents not covered by this policy, the Chief of Police may decide that the investigation will follow the process provided in this policy. 305.2 POLICY The policy of the Jeffersonville Police Department is to ensure that officer-involved shootings and deaths are investigated in a thorough, fair and impartial manner. 305.3 TYPES OF INVESTIGATIONS Officer-involved shootings and deaths involve several separate investigations. The investigations may include: •A criminal investigation of the suspect’s actions. •A criminal investigation of the involved officer’s actions. •An administrative investigation as to policy compliance by involved officers. •A civil investigation to determine potential liability. 305.4 CONTROL OF INVESTIGATIONS Investigators from surrounding agencies may be assigned to work on the criminal investigation of officer-involved shootings and deaths. This may include at least one investigator from the agency that employs the involved officer. Jurisdiction is determined by the location of the shooting or death and the agency employing the involved officer. The following scenarios outline the jurisdictional responsibilities for investigating officer-involved shootings and deaths. 305.4.1 CRIMINAL INVESTIGATION OF SUSPECT ACTIONS The investigation of any possible criminal conduct by the suspect is controlled by the agency in whose jurisdiction the suspect’s crime occurred. For example, Jeffersonville Police Department would control the investigation if the suspect’s crime occurred in Jeffersonville. If multiple crimes have been committed in multiple jurisdictions, identification of the agency that will control the investigation may be reached in the same way as with any other crime. The investigation may be conducted by the agency in control of the criminal investigation of the involved officer, at the discretion of the Chief of Police and with concurrence from the other agency. Jeffersonville Police Department Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Officer-Involved Shootings and Deaths - 63 305.4.2 CRIMINAL INVESTIGATIONS OF OFFICER ACTIONS The control of the criminal investigation into the involved officer’s conduct during the incident will be determined by the employing agency’s protocol. When an officer from this department is involved, the criminal investigation will be handled according to the Criminal Investigation section of this policy. Requests made of this department to investigate a shooting or death involving an outside agency’s officer shall be referred to the Chief of Police or the authorized designee for approval. 305.4.3 ADMINISTRATIVE AND CIVIL INVESTIGATION Regardless of where the incident occurs, the administrative and civil investigation of each involved officer is controlled by the respective employing agency. 305.5 INVESTIGATION PROCESS The following procedures are guidelines used in the investigation of an officer-involved shooting or death. 305.5.1 UNINVOLVED OFFICER RESPONSIBILITIES Upon arrival at the scene of an officer-involved shooting or death, the first uninvolved JPD officer will be the officer-in-charge and will assume the responsibilities of a supervisor until properly relieved. This officer should, as appropriate: (a)Secure the scene and identify and eliminate hazards for all those involved. (b)Take reasonable steps to obtain emergency medical attention for injured individuals. (c)Request additional resources from the Department or other agencies (d)Coordinate a perimeter or pursuit of suspects. (e)Check for injured persons and evacuate as needed. (f)Brief the supervisor upon arrival. 305.5.2 SUPERVISOR RESPONSIBILITIES Upon arrival at the scene, the first uninvolved JPD supervisor should ensure completion of the duties as outlined above, plus: (a)Attempt to obtain a brief overview of the situation from any uninvolved officers. 1.In the event that there are no uninvolved officers who can supply adequate overview, the supervisor should attempt to obtain a brief voluntary overview from one involved officer. (b)If necessary, the supervisor may administratively order any JPD officer to immediately provide public safety information necessary to secure the scene, identify injured parties and pursue suspects. Jeffersonville Police Department Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Officer-Involved Shootings and Deaths - 64 1.Public safety information shall be limited to such things as outstanding suspect information, number and direction of any shots fired, perimeter of the incident scene, identity of known or potential witnesses and any other pertinent information. 2.The initial on-scene supervisor should not attempt to order any involved officer to provide any information other than public safety information. (c)Provide all available information to the Uniform Patrol Commander and Central Alarm. If feasible, sensitive information should be communicated over secure networks. (d)Take command of and secure the incident scene with additional JPD members until properly relieved by another supervisor or other assigned personnel or investigator. (e)As soon as practicable, ensure that involved officers are transported (separately, if feasible) to a suitable location for further direction. 1.Each involved JPD officer should be given an administrative order not to discuss the incident with other involved officers or JPD members pending further direction from a supervisor. 2.When an involved officer’s weapon is taken or left at the scene for other than officer- safety reasons (e.g., evidence), ensure that he/she is provided with a comparable replacement weapon or transported by other officers. 305.5.3 UNIFORM PATROL COMMANDER RESPONSIBILITIES Upon learning of an officer-involved shooting or death, the Uniform Patrol Commander shall be responsible for coordinating all aspects of the incident until he/she is relieved by the Chief of Police or a Assistant Chief. All outside inquiries about the incident shall be directed to the Uniform Patrol Commander. 305.5.4 NOTIFICATIONS The following persons shall be notified as soon as practicable: •Chief of Police •Investigations/Operations Commander •Chief of Detectives •Outside agency investigators (if appropriate) •Investigating personel •Clark County Prosecutors •Psychological/peer support personnel •Chaplain •Coroner (if necessary) Jeffersonville Police Department Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Officer-Involved Shootings and Deaths - 65 •Involved officer’s agency representative (if requested) •Public Information Officer 305.5.5 INVOLVED OFFICERS The following shall be considered for the involved officer: (a)Any request for legal representation will be accommodated. 1.Involved JPD officers shall not be permitted to meet collectively or in a group with an attorney or any representative prior to providing a formal interview or report. 2.Requests from involved non-JPD officers should be referred to their employing agency. (b)Discussions with licensed attorneys will be considered privileged as attorney-client communications (I.C. § 34-46-3-1). (c)Discussions with agency representatives will be privileged only as to the discussion of non- criminal information. (d)A licensed psychotherapist shall be provided by the Department to each involved JPD officer. A licensed psychotherapist may also be provided to any other affected JPD members, upon request. 1.Interviews with a licensed psychotherapist will be considered privileged (I.C. § 34-46-3-1). 2.An interview or session with a licensed psychotherapist may take place prior to the member providing a formal interview or report. However, involved members shall not be permitted to consult or meet collectively or in a group with a licensed psychotherapist prior to providing a formal interview or report. 3.A separate fitness-for-duty exam may also be required (see the Fitness for Duty Policy). (e)Although the Department will honor the sensitivity of communications with peer counselors, there is no legal privilege to such. Peer counselors are cautioned against discussing the facts of any incident with an involved or witness officer. Care should be taken to preserve the integrity of any physical evidence present on the involved officer's equipment or clothing, such as blood or fingerprints, until investigators or lab personnel can properly retrieve it. Each involved JPD officer shall be given reasonable paid administrative leave following an officer- involved shooting or death. It shall be the responsibility of the Uniform Patrol Commander to make schedule adjustments to accommodate such leave. Jeffersonville Police Department Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Officer-Involved Shootings and Deaths - 66 305.6 CRIMINAL INVESTIGATION The County Prosecutor's Office is responsible for the criminal investigation into the circumstances of any officer-involved shooting involving injury or death. If available, investigative personnel from this department may be assigned to partner with investigators from outside agencies or the County Prosecutor's Office to avoid duplicating efforts in related criminal investigations. Once public safety issues have been addressed, criminal investigators should be given the opportunity to obtain a voluntary statement from involved officers and to complete their interviews. The following shall be considered for the involved officer: (a)JPD supervisors and Detective Division personnel should not participate directly in any voluntary interview of JPD officers. This will not prohibit such personnel from monitoring interviews or indirectly providing topics for inquiry. (b)If requested, any involved officer will be afforded the opportunity to consult individually with a representative of his/her choosing or an attorney prior to speaking with criminal investigators. However, in order to maintain the integrity of each involved officer's individual statement, involved officers shall not consult or meet with a representative or attorney collectively or in a group prior to being interviewed. (c)If any involved officer is physically, emotionally or otherwise not in a position to provide a voluntary statement when interviewed by criminal investigators, consideration should be given to allowing a reasonable period for the officer to schedule an alternate time for the interview. (d)Any voluntary statement provided by an involved officer will be made available for inclusion in any related investigation, including an administrative investigation. However, no administratively coerced statement will be provided to any criminal investigators unless the officer consents. 305.6.1 REPORTS BY INVOLVED JPD OFFICERS In the event that suspects remain outstanding or subject to prosecution for related offenses, this department shall retain the authority to require involved JPD officers to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals. While the involved JPD officer may write the report, it is generally recommended that such reports be completed by assigned investigators, who should interview all involved officers as victims/ witnesses. Since the purpose of these reports will be to facilitate criminal prosecution, statements of involved officers should focus on evidence to establish the elements of criminal activities by suspects. Care should be taken not to duplicate information provided by involved officers in other reports. Nothing in this section shall be construed to deprive an involved JPD officer of the right to consult with legal counsel prior to completing any such criminal report. Jeffersonville Police Department Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Officer-Involved Shootings and Deaths - 67 Reports related to the prosecution of criminal suspects will be processed according to normal procedures but should also be included for reference in the investigation of the officer-involved shooting or death. 305.6.2 WITNESS IDENTIFICATION AND INTERVIEWS Because potential witnesses to an officer-involved shooting or death may become unavailable or the integrity of their statements compromised with the passage of time, a supervisor should take reasonable steps to promptly coordinate with criminal investigators to utilize available law enforcement personnel for the following: (a)Identification of all persons present at the scene and in the immediate area. 1.When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred. 2.Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, attempts to identify the witness prior to his/her departure should be made whenever feasible. (b)Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by a member of the Department. 1.A written, verbal or recorded statement of consent should be obtained prior to transporting a witness. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation. (c)Promptly contacting the suspect’s known family and associates to obtain any available and untainted background information about the suspect’s activities and state of mind prior to the incident. 305.6.3 INVESTIGATIVE PERSONNEL Once notified of an officer-involved shooting or death, it shall be the responsibility of the designated Detective Division supervisor to assign appropriate investigative personnel to handle the investigation of related crimes. Department investigators will be assigned to work with investigators from the County Prosecutor's Office and may be assigned to separately handle the investigation of any related crimes not being investigated by the County Prosecutor's Office. All related department reports, except administrative and/or privileged reports, will be forwarded to the designated Detective Division supervisor for approval. Privileged reports shall be maintained exclusively by members who are authorized such access. Administrative reports will be forwarded to the Assistant Chief. Jeffersonville Police Department Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Officer-Involved Shootings and Deaths - 68 305.7 ADMINISTRATIVE INVESTIGATION In addition to all other investigations associated with an officer-involved shooting, this department will conduct an internal administrative investigation of involved JPD officers to determine conformance with department policy. This investigation will be conducted under the supervision of the Detective Division and will be considered a confidential officer personnel file. Interviews and interrogations of members shall be subject to department policies and applicable laws. (a)Any officer involved in a shooting or death may be requested or administratively compelled to provide a blood sample for alcohol/drug screening. Absent consent from the officer, such compelled samples and the results of any such testing shall not be disclosed to any criminal investigative agency. (b)If any officer has voluntarily elected to provide a statement to criminal investigators, the assigned administrative investigator should review that statement before proceeding with any further interview of that involved officer. 1.If a further interview of the officer is deemed necessary to determine policy compliance, care should be taken to limit the inquiry to new areas with minimal, if any, duplication of questions addressed in the voluntary statement. The involved officer should be provided with a copy of his/her prior statement before proceeding with any subsequent interviews. (c)In the event that an involved officer has elected not to provide criminal investigators with a voluntary statement, the assigned administrative investigator shall conduct an administrative interview to determine all relevant information. 1.Although this interview should not be unreasonably delayed, care should be taken to ensure that the officer’s physical and psychological needs have been addressed before commencing the interview. 2.If requested, the officer shall have the opportunity to select an uninvolved representative to be present during the interview. However, in order to maintain the integrity of each individual officer’s statement, involved officers shall not consult or meet with a representative collectively or in groups prior to being interviewed. 3.Administrative interviews should be recorded by the investigator. The officer may also record the interview. 4.The officer shall be informed of the nature of the investigation. If an officer refuses to answer questions, he/she should be given his/her Garrity rights and ordered to provide full and truthful answers to all questions. The officer shall be informed that the interview will be for administrative purposes only and that the statement cannot be used criminally. 5.The Detective Division shall compile all relevant information and reports necessary for the Department to determine compliance with applicable policies. Jeffersonville Police Department Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Officer-Involved Shootings and Deaths - 69 6.Regardless of whether the use of force is an issue in the case, the completed administrative investigation shall be submitted to the Use of Force Review Board, which will restrict its findings as to whether there was compliance with the Use of Force Policy. 7.Any other indications of potential policy violations shall be determined in accordance with standard disciplinary procedures. 8.The administrative investigation may request completion of a polygraph or other truth telling device examination, but only with the member's consent. No notation or reference to a request or refusal to submit to such an examination may be made in any file or report. 305.8 AUDIO AND VIDEO RECORDINGS Any officer involved in a shooting or death may be permitted to review available Mobile Audio/ Video (MAV), body-worn video, or other video or audio recordings prior to providing a recorded statement or completing reports. Upon request, non-law enforcement witnesses who are able to verify their presence and their ability to contemporaneously perceive events at the scene of an incident may also be permitted to review available MAV, body-worn video, or other video or audio recordings with the approval of assigned investigators or a supervisor. Any MAV, body-worn video, and other known video or audio recordings of an incident should not be publicly released during an ongoing investigation without consulting the prosecuting attorney or City Attorney’s Office, as appropriate. 305.9 DEBRIEFING Following an officer-involved shooting or death, the Jeffersonville Police Department should conduct both a critical incident/stress debriefing and a tactical debriefing. 305.9.1 CRITICAL INCIDENT/STRESS DEBRIEFING A critical incident/stress debriefing should occur as soon as practicable. The Assistant Chief is responsible for organizing the debriefing. Notes and recorded statements should not be taken because the sole purpose of the debriefing is to help mitigate the stress-related effects of a traumatic event. The debriefing is not part of any investigative process. Care should be taken not to release or repeat any communication made during a debriefing unless otherwise authorized by policy, law or a valid court order. Attendance at the debriefing shall only include those members of the Department directly involved in the incident, which can include support personnel (e.g., telecommunications operator, civilian). Family or other support personnel may attend with the concurrence of those involved in the incident. The debriefing shall be closed to the public and should be closed to all other members of the Department, including supervisory and Detective Division personnel. Jeffersonville Police Department Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Officer-Involved Shootings and Deaths - 70 305.9.2 TACTICAL DEBRIEFING A tactical debriefing should take place to identify any training or areas of policy that need improvement. The Chief of Police should identify the appropriate participants. This debriefing should not be conducted until all involved members have provided recorded or formal statements to the criminal and/or administrative investigators. 305.10 MEDIA RELATIONS Any media release shall be prepared with input and concurrence from the supervisor and the department representative responsible for each phase of the investigation. Release will be available by the Uniform Patrol Commander, Assistant Chief and Public Information Officer in the event of inquiries from the media. No involved JPD officer shall make any comment to the media unless he/she is authorized by the Chief of Police or a Assistant Chief. Department members receiving inquiries regarding officer-involved shootings or deaths occurring in other jurisdictions shall refrain from public comment and will direct those inquiries to the agency having jurisdiction and primary responsibility for the investigation. 305.11 REPORTING If the death of an individual occurs in the Jeffersonville Police Department jurisdiction and qualifies to be reported to the state as a justifiable homicide or an in-custody death, the Operations/ Investigations Commander will ensure that the Records Division is provided with enough information to meet the reporting requirements (210 I.A.C. 3-1-2). Policy 306 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Firearms - 71 Firearms 306.1 PURPOSE AND SCOPE This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, firearms maintenance and firearms training. This policy does not apply to issues related to the use of firearms that are addressed in the Use of Force or Officer-Involved Shootings and Deaths policies. This policy only applies to those members who are authorized to carry firearms. 306.2 POLICY The Jeffersonville Police Department will equip its members with firearms to address the risks posed to the public and department members by violent and sometimes well-armed persons. The Department will ensure firearms are appropriate and in good working order and that relevant training is provided as resources allow. 306.3 AUTHORIZED FIREARMS, AMMUNITION AND OTHER WEAPONS Members shall only use firearms that are issued or approved by the Department and have been thoroughly inspected by the Firearms Director. Except in an emergency or as directed by a supervisor, no firearm shall be carried by a member who has not qualified with that firearm at an authorized department range. All other weapons not provided by the Department, including, but not limited to, edged weapons, chemical or electronic weapons, impact weapons or any weapon prohibited or restricted by law or that is not covered elsewhere by department policy, may not be carried by members in the performance of their official duties without the express written authorization of the Chief or his/ her designee . This exclusion does not apply to the carrying of a single folding pocketknife that is not otherwise prohibited by law. 306.3.1 HANDGUNS The authorized department-issued handgun is the Sig Sauer P226 40caliber. 306.3.2 SHOTGUNS The authorized department-issued shotgun is the Remington 870P 12 gauge. When not deployed, the shotgun shall be properly secured in the trunk of the patrol vehicle with the magazine loaded, the action closed on an empty chamber, and the safety in the safe position. 306.3.3 PATROL RIFLES The authorized department-issued patrol rifle is the Colt AR-15 223. T Jeffersonville Police Department Policy Manual Firearms Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Firearms - 72 Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to: (a)Situations where the member reasonably anticipates an armed encounter. (b)When a member is faced with a situation that may require accurate and effective fire at long range. (c)Situations where a member reasonably expects the need to meet or exceed a suspect's firepower. (d)When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. (e)When a member reasonably believes that a suspect may be wearing body armor. (f)When authorized or requested by a supervisor. (g)When needed to euthanize an animal. When not deployed, the patrol rifle shall be properly secured in locking weapons rack, or in the trunk of the patrol vehicle with the chamber empty, magazine loaded and inserted into the magazine well, the bolt forward with the dust cover closed, and the selector lever in the safe position. 306.3.4 PERSONALLY OWNED PATROL RIFLES Members desiring to carry an authorized but personally owned patrol rifle must receive written approval from the Chief of Police or the authorized designee. Once approved, personally owned patrol rifles are subject to the following restrictions: (a)The rifle shall be in good working order and approved by the department. (b)The rifle shall be inspected by the Firearms Director prior to being carried and thereafter shall be subject to inspection whenever it is deemed necessary. (c)Prior to carrying the rifle, members shall qualify under range supervision and thereafter shall qualify in accordance with the department qualification schedule. Members must demonstrate proficiency and safe handling, and that the rifle functions properly. (d)Members shall provide written notice of the make, model, color, serial number and caliber of the rifle to the Firearms Director, who will maintain a list of the information. 306.3.5 AUTHORIZED SECONDARY HANDGUN Members desiring to carry department or personally owned secondary handguns are subject to the following restrictions: (a)The handgun shall be in good working order and approved by the department. (b)Only one secondary handgun may be carried at a time. Jeffersonville Police Department Policy Manual Firearms Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Firearms - 73 (c)The purchase of the handgun and ammunition shall be the responsibility of the member unless the handgun and ammunition are provided by the Department. (d)The handgun shall be carried concealed at all times and in such a manner as to prevent unintentional cocking, discharge or loss of physical control. (e)The handgun shall be inspected by the Firearms Director prior to being carried and thereafter shall be subject to inspection whenever it is deemed necessary. (f)Ammunition shall be the same as department issue. If the caliber of the handgun is other than department issue, the Chief of Police or the authorized designee shall approve the ammunition. (g)Prior to carrying the secondary handgun, members shall qualify under range supervision and thereafter shall qualify in accordance with the department qualification schedule. Members must demonstrate proficiency and safe handling, and that the handgun functions properly. (h)Members shall provide written notice of the make, model, color, serial number and caliber of a secondary handgun to the Firearms Director, who will maintain a list of the information. 306.3.6 AUTHORIZED OFF-DUTY FIREARMS The carrying of firearms by members while off-duty is permitted by the Chief of Police but may be rescinded should circumstances dictate (e.g., administrative leave). Members who choose to carry a firearm while off-duty, based on their authority as law enforcement officers, will be required to meet the following guidelines: (a)A personally owned firearm shall be used, carried and inspected in accordance with the Personally Owned Duty Firearms requirements in this policy. 1.The purchase of the personally owned firearm and ammunition shall be the responsibility of the member. (b)The firearm shall be carried concealed at all times and in such a manner as to prevent unintentional cocking, discharge or loss of physical control. (c)It will be the responsibility of the member to submit the firearm to the Firearms Director for inspection prior to being personally carried. Thereafter the firearm shall be subject to periodic inspection by the Firearms Director. (d)Prior to carrying any off-duty firearm, the member shall demonstrate to the Firearms Director that he/she is proficient in handling and firing the firearm and that it will be carried in a safe manner. (e)The member will successfully qualify with the firearm prior to it being carried,and once a year thereafter. (f)Members shall provide written notice of the make, model, color, serial number and caliber of the firearm to the Firearms Director, who will maintain a list of the information. Jeffersonville Police Department Policy Manual Firearms Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Firearms - 74 (g)If a member desires to use more than one firearm while off-duty, he/she may do so, as long as all requirements set forth in this policy for each firearm are met. (h)Members shall only carry department-authorized ammunition. (i)When armed, officers shall carry their badges and Jeffersonville Police Department identification cards under circumstances requiring possession of such identification. 306.3.7 AMMUNITION Members shall carry only department-authorized ammunition. Members shall be issued fresh duty ammunition in the specified quantity for all department-issued firearms during the member’s firearms qualification. Replacements for unserviceable or depleted ammunition issued by the Department shall be dispensed by the Firearms Director when needed, in accordance with established policy. Members carrying authorized off duty firearms of a caliber differing from department-issued firearms shall be responsible for obtaining fresh duty ammunition in accordance with the above, at their own expense. 306.4 EQUIPMENT Firearms carried on- or off-duty shall be maintained in a clean, serviceable condition. Maintenance and repair of authorized personally owned firearms are the responsibility of the individual member. 306.4.1 REPAIRS OR MODIFICATIONS Each member shall be responsible for promptly reporting any damage or malfunction of an assigned firearm to a supervisor or the Firearms Director. Firearms that are the property of the Department or personally owned firearms that are approved for department use may be repaired or modified only by a person who is department-approved and certified as an armorer or gunsmith in the repair of the specific firearm. Such modification or repair must be authorized in advance by the Firearms Director. Any repairs or modifications to the member’s personally owned firearm shall be done at his/her expense and must be approved by the Firearms Director. 306.4.2 HOLSTERS Only department-approved holsters shall be used and worn by members. Members shall periodically inspect their holsters to make sure they are serviceable and provide the proper security and retention of the handgun. 306.4.3 TACTICAL LIGHTS Tactical lights may only be installed on a firearm carried on- or off-duty after they have been examined and approved by the Firearms Director. Once the approved tactical lights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. Jeffersonville Police Department Policy Manual Firearms Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Firearms - 75 306.4.4 OPTICS OR LASER SIGHTS Optics or laser sights may only be installed on a firearm carried on- or off-duty after they have been examined and approved by the Firearms Director. Any approved sight shall only be installed in strict accordance with manufacturer specifications. Once approved sights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. Except in an approved training situation, a member may only sight in on a target when the member would otherwise be justified in pointing a firearm at the target. 306.5 SAFE HANDLING, INSPECTION AND STORAGE Members shall maintain the highest level of safety when handling firearms and shall consider the following: (a)Members shall not unnecessarily display or handle any firearm. (b)Members shall be governed by all rules and regulations pertaining to the use of the range and shall obey all orders issued by the Firearms Director. Members shall not dry fire or practice any weapon drills except as instructed by the Firearms Director or other firearms training staff. (c)Members shall not clean, repair, load or unload a firearm anywhere in the Department, except where clearing barrels are present. (d)Shotguns or rifles removed from vehicles or the equipment storage room shall be loaded and unloaded in the parking lot and outside of the vehicle, using clearing barrels. (e)Members shall not place or store any firearm or other weapon on department premises except where the place of storage is locked. No one shall carry firearms into the jail section or any part thereof when securing or processing an arrestee, but shall place all firearms in a secured location. Members providing access to the jail section to persons from outside agencies are responsible for ensuring firearms are not brought into the jail section. (f)Members shall not use any automatic firearm, heavy caliber rifle, gas or other type of chemical weapon or firearm from the armory, except with approval of a supervisor. (g)Any firearm authorized by the Department to be carried on- or off-duty that is determined by a member to be malfunctioning or in need of service or repair shall not be carried. It shall be promptly presented to the Department or a Firearms Director approved by the Department for inspection and repair. Any firearm deemed in need of repair or service by the Firearms Director will be immediately removed from service. If the firearm is the member’s primary duty firearm, a replacement firearm will be issued to the member until the duty firearm is serviceable. 306.5.1 INSPECTION AND STORAGE Handguns shall be inspected regularly and upon access or possession by another person. Shotguns and rifles shall be inspected at the beginning of the shift by the member to whom the Jeffersonville Police Department Policy Manual Firearms Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Firearms - 76 weapon is issued. The member shall ensure that the firearm is carried in the proper condition and loaded with approved ammunition. Inspection of the shotgun and rifle shall be done while standing outside of the patrol vehicle. All firearms shall be pointed in a safe direction or into clearing barrels. Personally owned firearms may be safely stored in lockers at the end of the shift. Department- owned firearms shall be stored in the appropriate equipment storage room. Handguns may remain loaded if they are secured in an appropriate holster. Shotguns and rifles shall be unloaded in a safe manner outside the building and then stored in the appropriate equipment storage room. 306.5.2 STORAGE AT HOME Members shall ensure that all department issued firearms and ammunition are locked and secured while in their homes, vehicles or any other area under their control, and in a manner that will keep them inaccessible to children and others who should not have access. Members shall not permit department-issued firearms to be handled by anyone not authorized by the Department to do so. Members should be aware that negligent storage of a firearm could result in civil and criminal liability (I.C. § 35-47-10-6). 306.5.3 ALCOHOL AND DRUGS Firearms shall not be carried by any member, either on- or off-duty, who has consumed an amount of an alcoholic beverage, taken any drugs or medication, or taken any combination thereof that would tend to adversely affect the member’s senses or judgment. 306.6 FIREARMS TRAINING AND QUALIFICATIONS All members who carry a firearm while on-duty are required to successfully complete training and qualifications bi-annually with their duty firearms. Members will qualify with off-duty and secondary firearms at least once a year. Training and qualifications must be on an approved range course (I.C. § 5-2-1-9). All members who carry a firearm while on-duty are required to successfully complete Indiana Law Enforcement Academy (I.L.E.A.) approved in-service training which shall include (250 I.A.C. 2-7-1): (a)A minimum of two hours of firearms training. (b)A minimum of two hours of use of force/physical tactics training. (c)A minimum of two hours of police vehicle operations. This in-service training may substitute for one bi-annually training. At least annually, all members carrying a firearm should receive practical training designed to simulate field situations including low-light shooting. 306.6.1 NON-CERTIFICATION OR NON-QUALIFICATION If any member fails to meet minimum standards for firearms training or qualification for any reason, including injury, illness, duty status or scheduling conflict, that member shall submit Jeffersonville Police Department Policy Manual Firearms Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Firearms - 77 a memorandum to his/her immediate supervisor prior to the end of the required training or qualification period. Those who fail to meet minimum standards or qualify on their first shooting attempt shall be provided remedial training and will be subject to the following requirements: (a)Additional range assignments may be scheduled to assist the member in demonstrating consistent firearm proficiency. (b)Members shall be given credit for a range training or qualification when obtaining a qualifying score or meeting standards after remedial training. (c)No range credit will be given for the following: 1.Unauthorized range make-up 2.Failure to meet minimum standards or qualify after remedial training Members who repeatedly fail to meet minimum standards will be removed from field assignment and may be subject to disciplinary action. 306.7 FIREARM DISCHARGE Except during training or recreational use, any member who discharges a firearm intentionally or unintentionally, on- or off-duty, shall make a verbal report to his/her supervisor as soon as circumstances permit. If the discharge results in injury or death to another person, additional statements and reports shall be made in accordance with the Officer-Involved Shootings and Deaths Policy. If a firearm was discharged as a use of force, the involved member shall adhere to the additional reporting requirements set forth in the Use of Force Policy. In all other cases, written reports shall be made as follows: (a)If on-duty at the time of the incident, the member shall file a written report with the Uniform Patrol Commander or provide a recorded statement to investigators prior to the end of shift, unless otherwise directed. (b)If off-duty at the time of the incident, the member shall submit a written report or a recorded statement no later than the end of the next regularly scheduled shift, unless otherwise directed by a supervisor. 306.7.1 DESTRUCTION OF ANIMALS Members are authorized to use firearms to stop an animal in circumstances where the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective. In circumstances where there is sufficient advance notice that a potentially dangerous animal may be encountered, department members should develop reasonable contingency plans for dealing with the animal (e.g., fire extinguisher, TASER (TM), oleoresin capsicum (OC) spray, animal control officer). Nothing in this policy shall prohibit any member from shooting a dangerous animal if circumstances reasonably dictate that a contingency plan has failed or becomes impractical. Jeffersonville Police Department Policy Manual Firearms Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Firearms - 78 306.7.2 INJURED ANIMALS With the approval of a supervisor, a member may euthanize an animal that is so badly injured that human compassion requires its removal from further suffering and where other dispositions are impractical. 306.7.3 WARNING AND OTHER SHOTS It is the practice of the Jeffersonville Police Department that warning shots are prohibited. 306.8 FIREARMS DIRECTOR DUTIES The range will be under the exclusive control of the Firearms Director. All members attending will follow the directions of the Firearms Director. The Firearms Director will maintain a roster of all members attending the range and will submit the roster to the Training Commander after each range date. Failure of any member to sign in and out with the Firearms Director may result in non- participation or non-qualification. The Firearms Director has the responsibility of making periodic inspection, at least once a year, of all duty firearms carried by members of this department to verify proper operation. The Firearms Director has the authority to deem any department-issued or personally owned firearm unfit for service. The member will be responsible for all repairs to his/her personally owned firearm; it will not be returned to service until it has been inspected and approved by the Firearms Director. The Firearms Director has the responsibility for ensuring each member meets the minimum requirements during training shoots and, on at least a yearly basis, can demonstrate proficiency in the care, cleaning and safety of all firearms the member is authorized to carry. The Firearms Director shall complete and submit to the Training Commander documentation of the training courses provided. Documentation shall include the qualifications of each instructor who provides the training, a description of the training provided and, on a form that has been approved by the Department, a list of each member who completes the training. The Firearms Director should keep accurate records of all training shoots, qualifications, repairs, maintenance or other records as directed by the Training Commander. 306.9 FLYING WHILE ARMED The Transportation Security Administration (TSA) has imposed rules governing law enforcement officers flying armed on commercial aircraft. The following requirements apply to officers who intend to be armed while flying on a commercial air carrier or flights where screening is conducted (49 CFR 1544.219): (a)Officers wishing to fly while armed must be flying in an official capacity, not for vacation or pleasure, and must have a need to have the firearm accessible, as determined by the Department based on the law and published TSA rules. (b)Officers must carry their Jeffersonville Police Department identification card, bearing the officer’s name, a full-face photograph, identification number, the officer’s signature and the signature of the Chief of Police or the official seal of the Department and must present this Jeffersonville Police Department Policy Manual Firearms Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Firearms - 79 identification to airline officials when requested. The officer should also carry the standard photo identification needed for passenger screening by airline and TSA officials (e.g., driver’s license, passport). (c)The Jeffersonville Police Department must submit a National Law Enforcement Telecommunications System (NLETS) message prior to the officer’s travel. If approved, TSA will send the Jeffersonville Police Department an NLETS message containing a unique alphanumeric identifier. The officer must present the message on the day of travel to airport personnel as authorization to travel while armed. (d)An official letter signed by the Chief of Police authorizing armed travel may also accompany the officer. The letter should outline the officer’s need to fly armed, detail his/her itinerary, and include that the officer has completed the mandatory TSA training for a law enforcement officer flying while armed. (e)Officers must have completed the mandated TSA security training covering officers flying while armed. The training shall be given by the department-appointed instructor. (f)It is the officer’s responsibility to notify the air carrier in advance of the intended armed travel. This notification should be accomplished by early check-in at the carrier’s check-in counter. (g)Any officer flying while armed should discreetly contact the flight crew prior to take-off and notify them of his/her assigned seat. (h)Discretion must be used to avoid alarming passengers or crew by displaying a firearm. The officer must keep the firearm concealed on his/her person at all times. Firearms are not permitted in carry-on luggage and may not be stored in an overhead compartment. (i)Officers should try to resolve any problems associated with flying armed through the flight captain, ground security manager, TSA representative or other management representative of the air carrier. (j)Officers shall not consume alcoholic beverages while aboard an aircraft, or within eight hours prior to boarding an aircraft. 306.10 CARRYING FIREARMS OUT OF STATE Qualified, active, full-time officers of this department are authorized to carry a concealed firearm in all other states subject to the following conditions (18 USC § 926B): (a)The officer shall carry his/her Jeffersonville Police Department identification card whenever carrying such firearm. (b)The officer may not be the subject of any current disciplinary action. (c)The officer may not be under the influence of alcohol or any other intoxicating or hallucinatory drug. (d)The officer will remain subject to this and all other department policies (including qualifying and training). Officers are cautioned that individual states may enact local regulations that permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property, Jeffersonville Police Department Policy Manual Firearms Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Firearms - 80 or that prohibit or restrict the possession of firearms on any state or local government property, installation, building, base or park. Federal authority may not shield an officer from arrest and prosecution in such locally restricted areas. Active law enforcement officers from other states are subject to all requirements set forth in 18 USC § 926B. Policy 307 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Vehicle Pursuit - 81 Vehicle Pursuit 307.1 POLICY It shall be the policy of the Jeffersonville Police Department (JPD) that the pursuit operation of a police vehicle is justified to ensure public safety only when the necessity of immediate apprehension outweighs the dangers created by: • The operation of the pursuing police vehicle or; • The responding police vehicle, or; • The offender being pursued The Jeffersonville Police Department recognizes that it is the violator that initiates a pursuit by failing to stop when a police officer lawfully initiates a traffic stop. The officer must then make a series of decisions as to whether the pursuit shall continue or be terminated. Officers shall pursue with the vehicle’s emergency lights and siren in continuous operation. Police vehicles are exempt from most traffic regulations, pursuant to IC 9-21-1-8. However, no portion of this statute relieves the driver from operating the vehicle with due regard for the safety of all persons using the roadway. Officers shall not initiate or participate in pursuits when; •The dangers created by the pursuit outweigh the need to apprehend the subject fleeing. •Passengers or prisoners are in the police vehicle. •Their vehicle is not equipped with emergency lights and siren. 307.2 DEFINITION PURSUIT: An active attempt by a law enforcement officer operating a police vehicle, utilizing emergency equipment, to apprehend the operator of a fleeing vehicle, who is attempting to avoid arrest by using speed or other evasive tactics. 307.3 RESPONSIBILITIES OF PRIMARY UNIT The pursuing officer shall consider the following factors in determining whether to initiate a pursuit; • The nature and seriousness of the offense. • The amount of vehicular and pedestrian traffic in the area. • The likelihood of successful apprehension. • The area or location characteristics. • The availability of assistance. • The environmental conditions (e.g. lighting and weather). •The performance capabilities of the pursuit vehicle. Jeffersonville Police Department Policy Manual Vehicle Pursuit Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Vehicle Pursuit - 82 •The conditions of the road surface on which the pursuit is being conducted. •The officer’s familiarity with the geographic area of the pursuit The officer involved in the pursuit shall, as soon as practical, provide the following information by radio; •Unit number •Location •Direction of travel •Approximate speed •Reason for pursuit •Vehicle description •License number, if known •Number and description of occupants •Traffic conditions Failure to provide this information to dispatch shall result in an immediate termination of the pursuit by the officer in charge (OIC). The initiating unit shall be in command and bear operational responsibility for the pursuit until the pursuit is acknowledged by the OIC. Unmarked and specialty vehicles shall have a fully marked police vehicle involved in the pursuit as soon as possible. The marked unit shall take over the primary unit position, when feasible. Any primary or secondary unit sustaining damage to or failure of, essential vehicular equipment during the pursuit shall not continue in the pursuit. 307.4 RESPONSIBILITIES OF SECONDARY UNIT Upon joining the pursuit, assisting units shall notify dispatch by providing their unit number and location. The OIC may approve or assign additional backup units based on several factors, but not limited to, the following: •Number of suspects in the vehicle and/or known propensity for violence •Nature of the offenses •Weapon involvement •Other officer safety concerns Once a second unit is actively participating in the pursuit operation, the second officer will take over the radio communications and will conduct the primary communications with central dispatch. If the primary unit is unable to continue for any reason the secondary unit shall become the primary unit, assuming the authority to terminate the pursuit. Jeffersonville Police Department Policy Manual Vehicle Pursuit Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Vehicle Pursuit - 83 307.5 SUPPORT UNITS Officers not actively involved in the pursuit shall be considered support units and shall conduct the following activities: •Cover escape routes •Assume a primary or secondary role, should one (1) of these vehicles be unable to continue. •Operate with all emergency equipment, when necessary, to maintain support positions and to warn other drivers of the support vehicles approach. •Attempt to join the active pursuit if a support vehicle inadvertently intercepts the suspect vehicle. 307.6 RESPONSIBILITIES OF SUPERVISOR Once notified of a pursuit, the affected supervisor shall acknowledge and assert control by monitoring the pursuit, taking necessary action to ensure compliance with the department’s pursuit policy and shall verify the following: •That sufficient information has been provided by the pursuing officer for the supervisor to evaluate the necessity of a pursuit. •Only the required or necessary units are actively involved in the pursuit. •Canine assistance if available •Affected allied agencies are being notified. The supervisor in charge shall continuously evaluate the updated information to determine if the pursuit should be continued or terminated. 307.7 PURSUIT TACTICS Physical or Deadly Force: Pursuit tactics involving the use of physical or deadly force are guided by Indiana Law and departmental policy. Offensive Tactics: In the course of a pursuit, deliberate contact to forcibly stop a fleeing vehicle is permitted only if the use of deadly force would be justified under the circumstances and the action does not create a substantial risk of serious physical injury or death to uninvolved persons. Passing: There shall be no attempt by officers to pass other involved units in the pursuit unless the passing officers receives specific permission from the primary unit or the field supervisor and all parties are aware of the maneuver. Roadblocks: A roadblock is a barricade or other obstruction (e.g. vehicle, signs, devices etc.) used to disrupt the flow of traffic in an attempt to stop, or prevent the escape of, a fleeing vehicle. Roadblocks may not be utilized without the approval of a supervisor. To ensure that the pursuing vehicles and the offender can safely stop, roadblocks shall only be used in areas with sufficient visibility. Under no circumstances shall roadblocks be established in blind areas such as curves or expressway ramps Jeffersonville Police Department Policy Manual Vehicle Pursuit Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Vehicle Pursuit - 84 Disabling Devices: Disabling devices shall be deployed, whenever possible, to immobilize a pursued vehicle. The officer deploying a disabling device shall notify units actively in the pursuit of the location that the disabling device has been deployed. Disabling devices shall not be used if the vehicle being pursued is a two wheeled vehicle. Shooting at or from a moving vehicle: Officers shall not shoot at or from, a moving vehicle unless necessary to protect human life and when it does not create an unreasonable risk of harm to innocent parties. 307.8 TERMINATION Pursuits shall be terminated when the risk created by continuing the pursuit outweigh the need for immediate apprehension. An officer’s decision to terminate a pursuit for safety reasons is not subject to criticism or review. Pursuits shall be terminated immediately when the following occur; • A supervisor in charge of the pursuit, or a higher-ranking officer, issues an order of termination. • The officers loses visual contact and the likelihood for apprehension is decreased • The officer does not believe that it is safe to continue the pursuit. • The officer is lost and/or unfamiliar with the area. • The officers is out of radio range or loses contact with dispatch. 307.9 INTERJURISDICTIONAL PURSUITS Once the other agency takes over the pursuit, the primary and secondary units must relinquish control of the pursuit and move to a support position. When notified of a pursuit by another agency entering Jeffersonville’s jurisdiction, the officer in charge may authorize JPD officers to become actively involved in another agency’s pursuit. Should the pursuit operation continue into the State of Kentucky the OIC shall request Central Dispatch to notify the Louisville Metro Police Department, Jefferson County Sheriff’s Office and the Kentucky State Police. 307.10 POST PURSUIT The primary pursuit unit retains the responsibility for maintaining control and directing activities at the conclusion of the pursuit, until relieved by a supervisor. The supervisor shall proceed to the termination point in order to provide guidance and necessary supervision. The officer in charge shall notify the division commander by email that a pursuit occurred along with the case report number. If a pursuit results in a serious injury to an officer, suspect or uninvolved party, the officer in charge shall make direct contact with the division commander as soon as possible. Policy 308 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Foot Pursuits - 85 Foot Pursuits 308.1 PURPOSE AND SCOPE This policy provides guidelines to assist officers in making the decision to initiate or continue the pursuit of suspects on foot. 308.2 POLICY It is the policy of this department that officers, when deciding to initiate or continue a foot pursuit, continuously balance the objective of apprehending the suspect with the risk and potential for injury to department members, the public or the suspect. Officers are expected to act reasonably, based on the totality of the circumstances. 308.3 DECISION TO PURSUE The safety of department members and the public should be the primary consideration when determining whether a foot pursuit should be initiated or continued. Officers must be mindful that immediate apprehension of a suspect is rarely more important than the safety of the public and department members. Officers may be justified in initiating a foot pursuit of any individual that the officer reasonably believes is about to engage in, is engaging in or has engaged in criminal activity. The decision to initiate or continue such a foot pursuit, however, must be continuously re-evaluated in light of the circumstances presented at the time. Mere flight by a person who is not suspected of criminal activity alone shall not serve as justification for engaging in an extended foot pursuit without the development of reasonable suspicion regarding the individual’s involvement in criminal activity or being wanted by law enforcement. Deciding to initiate or continue a foot pursuit is a decision that an officer must make quickly and under unpredictable and dynamic circumstances. It is recognized that foot pursuits may place department members and the public at significant risk. Therefore, no officer or supervisor shall be criticized or disciplined for deciding not to engage in a foot pursuit because of the perceived risk involved. If circumstances permit, surveillance and containment are generally the safest tactics for apprehending fleeing persons. In deciding whether to initiate or continue a foot pursuit, an officer should continuously consider reasonable alternatives to a foot pursuit based upon the circumstances and resources available, such as: (a)Containment of the area. (b)Saturation of the area with law enforcement personnel, including assistance from other agencies. (c)A canine search. Jeffersonville Police Department Policy Manual Foot Pursuits Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Foot Pursuits - 86 (d)Thermal imaging or other sensing technology. (e)Air support. (f)Apprehension at another time when the identity of the suspect is known or there is information available that would likely allow for later apprehension, and the need to immediately apprehend the suspect does not reasonably appear to outweigh the risk of continuing the foot pursuit. 308.4 GENERAL GUIDELINES When reasonably practicable, officers should consider alternatives to engaging in or continuing a foot pursuit when: (a)Directed by a supervisor to terminate the foot pursuit; such an order shall be considered mandatory. (b)The officer is acting alone. (c)Two or more officers become separated, lose visual contact with one another or obstacles separate them to the degree that they cannot immediately assist each other should a confrontation take place. In such circumstances, it is generally recommended that a single officer keep the suspect in sight from a safe distance and coordinate the containment effort. (d)The officer is unsure of his/her location and direction of travel. (e)The officer is pursuing multiple suspects and it is not reasonable to believe that the officer would be able to control the suspects should a confrontation occur. (f)The physical condition of the officer renders him/her incapable of controlling the suspect if apprehended. (g)The officer loses radio contact with the telecommunications operator or with assisting or backup officers. (h)The suspect enters a building, structure, confined space, isolated area or dense or difficult terrain, and there are insufficient officers to provide backup and containment. The primary officer should consider discontinuing the foot pursuit and coordinating containment pending the arrival of sufficient resources. (i)The officer becomes aware of unanticipated or unforeseen circumstances that unreasonably increase the risk to officers or the public. (j)The officer reasonably believes that the danger to the pursuing officers or public outweighs the objective of immediate apprehension. (k)The officer loses possession of his/her firearm or other essential equipment. (l)The officer or a third party is injured during the foot pursuit, requiring immediate assistance, and there are no other emergency personnel available to render assistance. Jeffersonville Police Department Policy Manual Foot Pursuits Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Foot Pursuits - 87 (m)The suspect’s location is no longer known. (n)The identity of the suspect is established or other information exists that will allow for the suspect’s apprehension at a later time, and it reasonably appears that there is no immediate threat to department members or the public if the suspect is not immediately apprehended. (o)The officer’s ability to safely continue the foot pursuit is impaired by inclement weather, darkness or other environmental conditions. 308.5 RESPONSIBILITIES IN FOOT PURSUITS 308.5.1 INITIATING OFFICER RESPONSIBILITIES Unless relieved by another officer or a supervisor, the initiating officer shall be responsible for coordinating the progress of the pursuit and containment. When acting alone and when practicable, the initiating officer should not attempt to overtake and confront the suspect but should attempt to keep the suspect in sight until sufficient officers are present to safely apprehend the suspect. Early communication of available information from the involved officers is essential so that adequate resources can be coordinated and deployed to bring a foot pursuit to a safe conclusion. Officers initiating a foot pursuit should, at a minimum, broadcast the following information as soon as it becomes practicable and available: (a)Location and direction of travel (b)Call sign identifier (c)Reason for the foot pursuit, such as the crime classification (d)Number of suspects and description, to include name if known (e)Whether the suspect is known or believed to be armed with a dangerous weapon Officers should be mindful that radio transmissions made while running may be difficult to understand and may need to be repeated. Absent extenuating circumstances, any officer unable to promptly and effectively broadcast this information should terminate the foot pursuit. If the foot pursuit is discontinued for any reason, immediate efforts for containment should be established and alternatives considered based upon the circumstances and available resources. When a foot pursuit terminates, the officer will notify the telecommunications operator of his/ her location and the status of the foot pursuit termination (e.g., suspect in custody, lost sight of suspect), and will direct further actions as reasonably appear necessary, to include requesting medical aid as needed for officers, suspects or members of the public. Jeffersonville Police Department Policy Manual Foot Pursuits Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Foot Pursuits - 88 308.5.2 ASSISTING OFFICER RESPONSIBILITIES Whenever any officer announces that he/she is engaged in a foot pursuit, all other officers should minimize non-essential radio traffic to permit the involved officers maximum access to the radio frequency. 308.5.3 SUPERVISOR RESPONSIBILITIES Upon becoming aware of a foot pursuit, the supervisor shall make every reasonable effort to ascertain sufficient information to direct responding resources and to take command, control and coordination of the foot pursuit. The supervisor should respond to the area whenever possible; the supervisor does not, however, need to be physically present to exercise control over the foot pursuit. The supervisor shall continuously assess the situation in order to ensure the foot pursuit is conducted within established department guidelines. The supervisor shall terminate the foot pursuit when the danger to pursuing officers or the public appears to unreasonably outweigh the objective of immediate apprehension of the suspect. Upon apprehension of the suspect, the supervisor shall promptly proceed to the termination point to direct the post-foot pursuit activity. 308.6 REPORTING REQUIREMENTS The initiating officer shall complete appropriate crime/arrest reports documenting, at a minimum: (a)Date and time of the foot pursuit. (b)Initial reason and circumstances surrounding the foot pursuit. (c)Course of the foot pursuit. (d)Alleged offenses. (e)Involved vehicles and officers. (f)Whether a suspect was apprehended as well as the means and methods used. 1.Any use of force shall be reported and documented in compliance with the Use of Force Policy. (g)Arrestee information, if applicable. (h)Any injuries and/or medical treatment. (i)Any property or equipment damage. Policy 309 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Officer Response to Calls - 89 Officer Response to Calls 309.1 PURPOSE AND SCOPE This policy provides officers with guidelines for the safe and appropriate vehicular response to emergency and non-emergency incidents or requests for assistance, whether these are dispatched or self-initiated. 309.2 POLICY It is the policy of this department to appropriately respond to emergency and non-emergency calls for service or requests for assistance, whether these are dispatched or self-initiated. 309.3 RESPONSE TO CALLS Officers responding to non-emergency calls shall proceed accordingly, unless they are sent or redirected to a higher priority call, and shall obey all traffic laws. 309.3.1 EMERGENCY CALLS Officers responding to an emergency call shall proceed immediately and shall continuously operate the emergency vehicle lighting and siren as required by law (I.C. § 9-21-1-8). Officers should only respond to a call as an emergency response when so dispatched or when circumstances reasonably indicate an emergency response is required. This includes, but is not limited to (I.C. § 9-19-14-3): (a)When in pursuit or apprehending a violator or suspected violator. (b)When responding to a reported emergency involving possible personal injury, death or significant property damage. (c)When immediate assistance is requested by an officer or other law enforcement agency. If an officer believes an emergency response to any call is appropriate, the officer shall immediately notify the telecommunications operator. Officers not responding to a call as an emergency response shall observe all traffic laws and proceed without the use of emergency lights and siren. 309.4 REQUESTING EMERGENCY ASSISTANCE When requesting emergency assistance, the involved department member should reasonably believe there is an imminent threat to the safety of him/herself or another person, or that assistance is needed to prevent imminent serious harm to the public. If circumstances permit, the requesting member should provide the following information: •Identifying call sign •Location of the emergency situation •Suspect information, including weapons Jeffersonville Police Department Policy Manual Officer Response to Calls Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Officer Response to Calls - 90 •Reason for the request and type of emergency •The number of officers or resources required •Hazards and any known or potential dangers for responding officers In any event where a situation has stabilized and emergency response is not required, the requesting member shall immediately notify the telecommunications operator. 309.5 SAFETY CONSIDERATIONS Officers responding to an emergency call shall proceed immediately as appropriate and shall continuously operate the emergency vehicle lighting and siren as required by law (I.C. § 9-13-2-6(1)(B)). Responding with emergency lights and siren does not relieve the operator of an emergency vehicle of the duty to continue to drive with due regard for the safety of all persons and property, and does not protect the operator from the consequences of reckless disregard for the safety of others. However the officer may, when responding to a call with an emergency response, and provided there is no endangerment or unnecessary risk to persons and property (I.C. § 9-21-1-8): •Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation. •Exceed the speed limit. •Disregard regulations governing direction of movement or turning in specified directions. •Park or stand in the roadway. •Execute lawful intervention techniques. 309.5.1 NUMBER OF OFFICERS ASSIGNED Only the number of officers that are reasonably necessary should be assigned to respond to an emergency call or request for assistance. The telecommunications operator shall notify the on-duty supervisor who will make a determination regarding the appropriateness of the response and reduce or enhance the response as warranted. 309.6 EMERGENCY EQUIPMENT Vehicles not equipped with emergency lights and siren are prohibited from initiating or joining in an emergency response. Officers in such vehicles may provide support to pursuing vehicles as long as the vehicles are operated in compliance with all traffic laws. Those officers should terminate their involvement in any emergency response immediately upon arrival of a sufficient number of emergency law enforcement vehicles (I.C. § 9-19-5-3). If the emergency equipment on the vehicle should fail to operate, the officer must terminate the emergency response and continue accordingly. The officer shall notify the officer in charge or the Jeffersonville Police Department Policy Manual Officer Response to Calls Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Officer Response to Calls - 91 telecommunications operator of the equipment failure so that another officer may be assigned to the emergency response. 309.7 OFFICER RESPONSIBILITIES The decision to initiate or continue an emergency response is at the discretion of the officer. If, in the officer's judgment, the weather, traffic and road conditions do not permit such a response without unreasonable risk, the officer may elect to respond to the call without the use of emergency lights and siren at the legal speed limit. In such an event, the officer should immediately notify the telecommunications operator. An officer shall also discontinue an emergency response when directed by a supervisor or as otherwise appropriate. Upon receiving authorization or determining that an emergency response is appropriate, whenever practicable, an officer shall immediately give the location from which he/she is responding. The first officer arriving at the emergency call should determine whether to increase or reduce the level of the response of additional officers and shall notify the telecommunications operator of his/her determination. Any subsequent change in the appropriate response level should be communicated to the telecommunications operator by the officer in charge of the scene unless a supervisor assumes this responsibility. 309.8 SUPERVISOR RESPONSIBILITIES Upon being notified that an emergency response has been initiated or requested, the officer in charge shall verify that: (a)The proper response has been initiated. (b)No more than those officers reasonably necessary under the circumstances are involved in the response. (c)Affected outside jurisdictions are being notified as practicable. The officer in charge shall monitor the response until it has been stabilized or terminated and assert control by directing officers into or out of the response, if necessary. If, in the supervisor's judgment, the circumstances require additional officers to be assigned an emergency response, the supervisor may do so. It is the supervisor's responsibility to terminate an emergency response that, in his/her judgment, is inappropriate due to the circumstances. When making the decision to authorize an emergency response, the officer in charge should consider the following: •The type of call or crime involved •The type and circumstances of the request •The necessity of a timely response •Weather, traffic and road conditions Jeffersonville Police Department Policy Manual Officer Response to Calls Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Officer Response to Calls - 92 •The location of the responding officers and the location of the incident Policy 310 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Canines - 93 Canines 310.1 PURPOSE AND SCOPE This policy establishes guidelines for the use of canines to augment law enforcement services to the community including, but not limited to, locating individuals and contraband and apprehending criminal offenders. 310.2 POLICY It is the policy of the Jeffersonville Police Department that teams of handlers and canines meet and maintain the appropriate proficiency to effectively and reasonably carry out legitimate law enforcement objectives. 310.3 ASSIGNMENT Canine teams should be assigned to assist and supplement the Uniform Division to function primarily in assist or cover assignments. However, they may be assigned by the Uniform Patrol Commander to other functions, such as routine calls for service, based on the current operational needs. 310.4 CANINE COMMANDER The canine commander shall be appointed by the Chief of Police and directly responsible to the Uniform Patrol Commander or his/her designee designee. The responsibilities of the canine commander include, but are not limited to: (a)Reviewing all canine use reports to ensure compliance with policy and to identify training issues and other needs of the program. (b)Maintaining a liaison with the vendor kennel. (c)Maintaining a liaison with command staff and functional supervisors. (d)Maintaining a liaison with other agency canine commanders. (e)Maintaining accurate records to document canine activities. (f)Recommending and overseeing the procurement of equipment and services for the teams of handlers and canines. (g)Scheduling all canine-related activities. (h)Ensuring the canine teams are scheduled for regular training to maximize their capabilities. 310.5 REQUESTS FOR CANINE TEAMS Uniform Division members are encouraged to request the use of a canine. Requests for a canine team from department units outside of the Uniform Division shall be reviewed by the Uniform Patrol Commander canine commander and on-duty supervisor. Jeffersonville Police Department Policy Manual Canines Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Canines - 94 310.5.1 OUTSIDE AGENCY REQUEST All requests for canine assistance from outside agencies must be approved by the canine commander and/or on-duty supervisor and are subject to the following: (a)Canine teams shall not be used for any assignment that is not consistent with this policy. (b)The canine handler shall have the authority to decline a request for any specific assignment that he/she deems unsuitable. (c)It shall be the responsibility of the canine handler to coordinate operations with agency personnel in order to minimize the risk of unintended injury. (d)It shall be the responsibility of the canine handler to complete all necessary reports or as directed. 310.5.2 PUBLIC DEMONSTRATION All public requests for a canine team shall be reviewed and, if appropriate, approved by the canine commander prior to making any resource commitment. The canine commander is responsible for obtaining resources and coordinating involvement in the demonstration to include proper safety protocols. Canine handlers shall not demonstrate any apprehension work unless authorized to do so by the canine commander. 310.6 APPREHENSION GUIDELINES A canine may be used to locate and apprehend a suspect if the canine handler reasonably believes that the individual has either committed, is committing or is threatening to commit any serious offense and if any of the following conditions exist: (a)There is a reasonable belief the suspect poses an imminent threat of violence or serious harm to the public, any officer or the handler. (b)The suspect is physically resisting or threatening to resist arrest and the use of a canine reasonably appears to be necessary to overcome such resistance. (c)The suspect is believed to be concealed in an area where entry by other than the canine would pose a threat to the safety of officers or the public. It is recognized that situations may arise that do not fall within the provisions set forth in this policy. Such events require consideration of the totality of the circumstances and the use of an objective reasonableness standard applied to the decision to use a canine. Absent a reasonable belief that a suspect has committed, is committing or is threatening to commit a serious offense, mere flight from a pursuing officer, without any of the above conditions, shall not serve as the basis for the use of a canine to apprehend a suspect. Use of a canine to locate and apprehend a suspect wanted for a lesser criminal offense than those identified above requires approval from the canine commander and/or on-duty supervisor. Absent a change in circumstances that present an imminent threat to officers, the canine or the public, Jeffersonville Police Department Policy Manual Canines Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Canines - 95 such canine use should be conducted on-leash or under conditions that minimize the likelihood the canine will bite or otherwise injure the individual. In all applications, once the suspect has been located and no longer reasonably appears to present a threat or risk of escape, the handler should secure the canine as soon as it becomes reasonably practicable. If the canine has apprehended the suspect with a secure bite, the handler should promptly command the canine to release the suspect when deemed safe to do so. 310.6.1 PREPARATION FOR DEPLOYMENT Prior to the use of a canine to search for or apprehend any suspect, the canine handler and/or the supervisor on-scene should carefully consider all pertinent information reasonably available at the time. The information should include, but is not limited to: (a)The nature and seriousness of the suspected offense. (b)Whether violence or weapons were used or are anticipated. (c)The degree of resistance or threatened resistance, if any, the suspect has shown. (d)The suspect’s known or perceived age. (e)The potential for injury to officers or the public caused by the suspect if the canine is not utilized. (f)Any potential danger to the public and/or other officers at the scene if the canine is released. (g)The potential for the suspect to escape or flee if the canine is not utilized. As circumstances permit, the canine handler should make every reasonable effort to communicate and coordinate with other involved members to minimize the risk of unintended injury. It is the canine handler’s responsibility to evaluate each situation and determine whether the use of a canine is appropriate and reasonable. The canine handler shall have the authority to decline the use of the canine whenever he/she deems deployment is unsuitable. A supervisor who is sufficiently apprised of the situation may prohibit deploying the canine. Unless otherwise directed by a supervisor, assisting members should take direction from the handler in order to minimize interference with the canine. 310.6.2 WARNINGS AND ANNOUNCEMENTS Unless it would increase the risk of injury or escape, a clearly audible warning announcing that a canine will be used if the suspect does not surrender should be made prior to releasing a canine. The handler should allow a reasonable time for a suspect to surrender and should quiet the canine momentarily to listen for any verbal response to the warning. If feasible, other members should be in a location opposite the warning to verify that the announcement could be heard. If available, warnings given in other languages should be used as necessary. If a warning is not to be given, the canine handler, when practicable, should first advise the supervisor of his/her decision before releasing the canine. In the event of an apprehension, the Jeffersonville Police Department Policy Manual Canines Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Canines - 96 handler shall document in any related report how the warning was given and, if none was given, the reasons why. 310.6.3 REPORTING DEPLOYMENTS, BITES AND INJURIES Whenever a canine deployment results in a bite or causes injury to an intended suspect, a supervisor should be promptly notified and the injuries documented in a canine use report. The injured person shall be promptly treated by emergency medical services personnel and, if appropriate, transported to an appropriate medical facility for further treatment. The deployment and injuries should also be included in any related incident or arrest report. Any unintended bite or injury caused by a canine, whether on- or off-duty, shall be promptly reported to the canine commander. Unintended bites or injuries caused by a canine should be documented in an administrative report, not in a canine use report. If an individual alleges an injury, either visible or not visible, a supervisor shall be notified and both the individual’s injured and uninjured areas shall be photographed as soon as practicable after first tending to the immediate needs of the injured party. Photographs shall be retained as evidence in accordance with current department evidence procedures. The photographs shall be retained until the criminal proceeding is completed and the time for any related civil proceeding has expired. 310.7 NON-APPREHENSION GUIDELINES Properly trained canines may be used to track or search for non-criminals (e.g., lost children, individuals who may be disoriented or in need of medical attention). The canine handler is responsible for determining the canine’s suitability for such assignments based on the conditions and the particular abilities of the canine. When the canine is deployed in a search or other non- apprehension operation, the following guidelines apply: (a)Absent a change in circumstances that present an imminent threat to officers, the canine or the public, such applications should be conducted on-leash or under conditions that minimize the likelihood the canine will bite or otherwise injure the individual, if located. (b)Unless otherwise directed by a supervisor, assisting members should take direction from the handler in order to minimize interference with the canine. (c)Throughout the deployment the handler should periodically give verbal assurances that the canine will not bite or hurt the individual and encourage the individual to make him/herself known. (d)Once the individual has been located, the handler should place the canine in a down-stay or otherwise secure it as soon as reasonably practicable. 310.7.1 ARTICLE DETECTION A canine trained to find objects or property related to a person or crime may be used to locate or identify articles. A canine search should be conducted in a manner that minimizes the likelihood of unintended bites or injuries. Jeffersonville Police Department Policy Manual Canines Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Canines - 97 310.7.2 NARCOTICS DETECTION A canine trained in narcotics detection may be used in accordance with current law and under certain circumstances, including: (a)The search of vehicles, buildings, bags and other articles. (b)Assisting in the search for narcotics during a search warrant service. (c)Obtaining a search warrant by using the narcotics-detection trained canine in support of probable cause. A narcotics-detection trained canine will not be used to search a person for narcotics. 310.7.3 BOMB/EXPLOSIVE DETECTION Because of the high risk of danger to the public and officers when a bomb or other explosive device is suspected, the use of a canine team trained in explosive detection may be considered. When available, an explosive-detection canine team may be used in accordance with current law and under certain circumstances, including: (a)Assisting in the search of a building, structure, area, vehicle or article where an actual or suspected explosive device has been reported or located. (b)Assisting with searches at transportation facilities and vehicles (e.g., buses, airplanes, trains). (c)Preventive searches at special events, VIP visits, official buildings and other restricted areas. Searches of individuals should remain minimally intrusive and shall be strictly limited to the purpose of detecting explosives. (d)Assisting in the search of scenes where an explosion has occurred and an explosive device or secondary explosive device is suspected. At no time will an explosive-detection trained canine be used to render a suspected device safe or clear. 310.8 HANDLER SELECTION The minimum qualifications for the assignment of canine handler include: (a)An officer who is currently off probation. (b)Residing in an adequately fenced, single-family residence (minimum 4-foot high fence with locking gates). (c)Living within 30 minutes travel time from the Jeffersonville City limits. (d)Agreeing to be assigned to the position for a minimum of three years. Jeffersonville Police Department Policy Manual Canines Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Canines - 98 310.9 HANDLER RESPONSIBILITIES The canine handler shall ultimately be responsible for the health and welfare of the canine and shall ensure that the canine receives proper nutrition, grooming, training, medical care, affection and living conditions. The canine handler will be responsible for the following: (a)Except as required during appropriate deployment, the handler shall not expose the canine to any foreseeable and unreasonable risk of harm. (b)The handler shall maintain all department equipment under his/her control in a clean and serviceable condition. (c) Handlers shall permit the canine commander to conduct spontaneous on-site inspections of affected areas of their homes as well as their canine vehicles, to verify that conditions and equipment conform to this policy. (d)Any changes in the living status of the handler that may affect the lodging or environment of the canine shall be reported to the canine commander as soon as possible. (e)When off-duty, the canine shall be in a kennel provided by the City at the home of the handler. When a canine is kenneled at the handler’s home, the gate shall be secured at all times. When off-duty, the canine may be let out of the kennel while under the direct control of the handler. (f)The canine should be permitted to socialize in the home with the handler’s family for short periods of time and under the direct supervision of the handler. (g)Under no circumstances will the canine be lodged at another location unless approved by the canine commander. (h)When off-duty, the handler shall not involve the canine in any law enforcement activity or official conduct unless approved in advance by the canine coordinator or Uniform Patrol Commander. (i)Whenever a canine handler is off-duty for an extended number of days, it may be necessary to temporarily relocate the canine. In those situations, the handler shall give reasonable notice to the canine commander so that appropriate arrangements can be made. 310.9.1 CANINE IN PUBLIC AREAS The canine should be kept on a leash when in areas that allow access to the public. Exceptions to this rule would include specific law enforcement operations for which the canine is trained. (a)A canine shall not be left unattended in any area to which the public may have access. (b)When the canine vehicle is left unattended, all windows and doors shall be secured in such a manner as to prevent unauthorized access to the canine. The handler shall also ensure that the unattended vehicle remains inhabitable for the canine. Jeffersonville Police Department Policy Manual Canines Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Canines - 99 310.10 HANDLER COMPENSATION The canine handler shall be available for call-out under conditions specified by the canine commander. The canine handler shall be compensated for time spent in the care, feeding, grooming and other needs of the canine in accordance with the Fair Labor Standards Act (FLSA), and according to the terms of the collective bargaining agreement between the handler and the City (29 USC § 207). 310.11 CANINE INJURY AND MEDICAL CARE In the event that a canine is injured, or there is an indication that the canine is not in good physical condition, the injury or condition will be reported to the canine commanderas soon as practicable and appropriately documented. All medical attention shall be rendered by the designated canine veterinarian, except during an emergency where treatment should be obtained from the nearest available veterinarian. All records of medical treatment shall be maintained in the handler’s personnel file. 310.12 TRAINING Before assignment in the field, each canine team shall be trained and certified to meet current nationally recognized standards or other recognized and approved certification standards. Cross- trained canine teams or those canine teams trained exclusively for the detection of narcotics and/ or explosives also shall be trained and certified to meet current nationally recognized standards or other recognized and approved certification standards established for their particular skills. The canine commander shall be responsible for scheduling periodic training for all department members in order to familiarize them with how to conduct themselves in the presence of department canines. All canine maintenance training shall be conducted while on-duty unless otherwise approved by the canine commander . 310.12.1 CONTINUED TRAINING Each canine team shall thereafter be recertified to a current nationally recognized standard or other recognized and approved certification standards on an annual basis. Additional training considerations are as follows: (a)Canine teams should receive training as defined in the current contract with the Jeffersonville Police Department canine training provider. (b)Canine handlers are encouraged to engage in additional training with approval of the canine commander. (c)To ensure that all training is consistent, no handler, trainer or outside vendor is authorized to train to a standard that is not reviewed and approved by the Department. Jeffersonville Police Department Policy Manual Canines Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Canines - 100 310.12.2 FAILURE TO SUCCESSFULLY COMPLETE TRAINING Any canine team failing to graduate or obtain certification shall not be deployed in the field for tasks the team is not certified to perform until graduation or certification is achieved. When reasonably practicable, pending successful certification, the canine handler shall be temporarily reassigned to regular patrol duties. 310.12.3 TRAINING RECORDS All canine training records shall be maintained in the canine handler’s and the canine’s training file. 310.12.4 TRAINING AIDS Training aids are required to effectively train and maintain the skills of canines. Officers possessing, using or transporting controlled substances or explosives for canine training purposes must comply with federal and state requirements. Alternatively, the Jeffersonville Police Department may work with outside trainers with the applicable licenses or permits. 310.12.5 CONTROLLED SUBSTANCE TRAINING AIDS Officers acting in the performance of their official duties may possess or transfer controlled substances for the purpose of narcotics-detection canine training in compliance with state and federal laws (21 USC § 823(f)). The Chief of Police or the authorized designee may authorize a member to seek a court order to allow controlled substances seized by the Jeffersonville Police Department to be possessed by the member or a narcotics-detection canine trainer who is working under the direction of this department for training purposes, provided the controlled substances are no longer needed as criminal evidence. As an alternative, the Chief of Police or the authorized designee may request narcotics training aids from the Drug Enforcement Agency (DEA). These procedures are not required if the canine handler uses commercially available synthetic substances that are not controlled narcotics. 310.12.6 CONTROLLED SUBSTANCE PROCEDURES Due to the responsibilities and liabilities involved with possessing readily usable amounts of controlled substances and the ever-present danger of the canine’s accidental ingestion of these controlled substances, the following procedures shall be strictly followed: (a)All controlled substance training samples shall be weighed and tested prior to dispensing to the individual canine handler or trainer. (b)The weight and test results shall be recorded and maintained by this department. (c)Any person possessing controlled substance training samples pursuant to court order or DEA registration shall maintain custody and control of the controlled substances and shall keep records regarding any loss of, or damage to, those controlled substances. Jeffersonville Police Department Policy Manual Canines Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Canines - 101 (d)All controlled substance training samples will be inspected, weighed and tested annually. The results of the quarterly testing shall be recorded and maintained by the canine commander with a copy forwarded to the dispensing agency. (e)All controlled substance training samples will be stored in locked, airtight and watertight cases at all times, except during training. The locked cases shall be secured in the trunk of the canine handler’s assigned patrol vehicle during transport and stored in an appropriate locked container. There are no exceptions to this procedure. (f)The canine commander shall periodically inspect every controlled substance training sample for damage or tampering and take any appropriate action. (g)Any unusable controlled substance training samples shall be returned to the Property Room or to the dispensing agency. (h)All controlled substance training samples shall be returned to the dispensing agency upon the conclusion of the training or upon demand by the dispensing agency. 310.12.7 EXPLOSIVE TRAINING AIDS Officers may possess, transport, store or use explosives or destructive devices in compliance with state and federal laws (18 USC § 842; 27 CFR 555.41; I.C. § 35-47.5-5-1). Explosive training aids designed specifically for canine teams should be used whenever feasible. Due to the safety concerns in the handling and transportation of explosives, inert or non-hazardous training aids should be employed whenever feasible. The use of explosives or destructive devices for training aids by canine teams is subject to the following: (a)All explosive training aids, when not in use, shall be properly stored in a secure facility appropriate for the type of materials. (b)An inventory ledger shall be maintained to document the type and quantity of explosive training aids that are stored. (c)The canine commander shall be responsible for verifying the explosive training aids on hand against the inventory ledger once each quarter. (d)Only members of the canine team shall have access to the explosive training aids storage facility. (e)A primary and secondary custodian will be designated to minimize the possibility of loss of explosive training aids during and after the training. Generally, the handler will be designated as the primary custodian while the trainer or authorized second person on-scene will be designated as the secondary custodian. (f)Any lost or damaged explosive training aids shall be promptly reported to the canine commander, who will determine if any further action will be necessary. Any loss of explosives will be reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Policy 311 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Domestic or Family Violence - 102 Domestic or Family Violence 311.1 PURPOSE AND SCOPE The purpose of this policy is to provide the guidelines necessary to deter, prevent and reduce domestic or family violence through vigorous enforcement and to address domestic or family violence as a serious crime against society. The policy specifically addresses the commitment of the Jeffersonville Police Department to take enforcement action when appropriate, to provide assistance to victims and to guide officers in the investigation of domestic or family violence. 311.1.1 DEFINITIONS Definitions related to this policy include: Court order - All forms of orders related to domestic or family violence, that have been issued by a court of this state or another, whether civil or criminal, regardless of whether service has been made. Domestic or family violence - When a family or household member commits, attempts to commit or conspires to commit any of the offenses specified in I.C. § 35-31.5-2-76 against another family or household member. 311.2 POLICY The Jeffersonville Police Department’s response to incidents of domestic or family violence and violations of related court orders shall stress enforcement of the law to protect the victim and shall communicate the philosophy that domestic or family violence is criminal behavior. It is also the policy of this department to facilitate victims’ and offenders’ access to appropriate civil remedies and community resources whenever feasible. 311.3 OFFICER SAFETY The investigation of domestic or family violence cases often places officers in emotionally charged and sometimes highly dangerous environments. No provision of this policy is intended to supersede the responsibility of all officers to exercise due caution and reasonable care in providing for the safety of any officers and parties involved. 311.4 INVESTIGATIONS The following guidelines should be followed by officers when investigating domestic or family violence cases: (a)Calls of reported, threatened, imminent or ongoing domestic or family violence and the violation of any court order are of extreme importance and should be considered among the highest response priorities. This includes incomplete 9-1-1 calls. (b)When practicable, officers should obtain and document statements from the victim, the suspect and any witnesses, including children, in or around the household or location of occurrence. Jeffersonville Police Department Policy Manual Domestic or Family Violence Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Domestic or Family Violence - 103 (c)Officers should list the full name and date of birth (and school if available) of each child who was present in the household at the time of the offense. The names of other children who may not have been in the house at that particular time should also be obtained for follow-up. (d)When practicable and legally permitted, video or audio record all significant statements and observations. (e)All injuries should be photographed, regardless of severity, taking care to preserve the victim’s personal privacy. Where practicable, photographs should be taken by a person of the same sex. Victims whose injuries are not visible at the time of the incident should be asked to contact the Detective Division in the event that the injuries later become visible. (f)If the suspect is no longer at the scene, officers should make reasonable efforts to locate the suspect to further the investigation, provide the suspect with an opportunity to make a statement and make an arrest or seek an arrest warrant if appropriate. (g)Seize any firearms or other dangerous weapons in the home, if appropriate and legally permitted, for safekeeping or as evidence (I.C. § 35-33-1-1.5). (h)When completing an incident or arrest report for violation of a court order, officers should include specific information that establishes that the offender has been served, including the date the offender was served, the name of the agency that served the order and the provision of the order that the subject is alleged to have violated. When reasonably available, the arresting officer should attach a copy of the order to the incident or arrest report. (i)Officers should take appropriate enforcement action when there is probable cause to believe an offense has occurred. Factors that should not be used as sole justification for declining to take enforcement action include: 1.Marital status of suspect and victim. 2.Whether the suspect lives on the premises with the victim. 3.Claims by the suspect that the victim provoked or perpetuated the violence. 4.The potential financial or child custody consequences of arrest. 5.The physical or emotional state of either party. 6.Use of drugs or alcohol by either party. 7.Denial that the violence occurred where evidence indicates otherwise. 8.A request by the victim not to arrest the suspect. 9.Location of the incident (public/private). 10.Speculation that the complainant may not follow through with the prosecution. 11.The racial, cultural or social identity, professional position or sexual orientation of the victim or suspect. Jeffersonville Police Department Policy Manual Domestic or Family Violence Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Domestic or Family Violence - 104 311.4.1 IF A SUSPECT IS ARRESTED If a suspect is arrested, officers should: (a)Advise the victim that there is no guarantee the suspect will remain in custody. (b)Provide the victim’s contact information to the jail staff to enable notification of the victim upon the suspect’s release from jail. (c)Advise the victim whether any type of court order will be in effect when the suspect is released from jail. 311.4.2 IF NO ARREST IS MADE If no arrest is made, the officer should: (a)Advise the parties of any options, including but not limited to: 1.Voluntary separation of the parties. 2.Appropriate resource referrals (e.g., counselors, friends, relatives, shelter homes, victim witness assistance). (b)Document the resolution in a report. 311.5 VICTIM ASSISTANCE Because victims may be traumatized or confused, officers should be aware that a victim’s behavior and actions may be affected. (a)Victims shall be provided with the department's domestic violence information and the victims' rights information handouts, even if the incident may not rise to the level of a crime (I.C. § 35-33-1-1.5). (b)Victims should also be alerted to any available victim advocates, shelters and community resources. (c)When an involved person requests law enforcement assistance while removing essential items of personal property, officers shall stand by for a reasonable amount of time (I.C. § 35-33-1-1.5). (d)If the victim has sustained injury or complains of pain, officers should seek medical assistance for the victim as soon as practicable. (e)Officers should ask the victim whether he/she has a safe place to stay and assist in arranging transportation to an alternate shelter or other designated place of safety if the victim either expresses a concern for his/her safety or if the officer determines that a need exists (I.C. § 35-33-1-1.5). (f)Officers should make reasonable efforts to ensure that any children or dependent adults who are under the supervision of the suspect or victim are being properly cared for. (g)If appropriate, officers should seek or assist the victim in obtaining an emergency order. Jeffersonville Police Department Policy Manual Domestic or Family Violence Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Domestic or Family Violence - 105 (h)All reasonable steps to prevent further violence should be taken whether or not listed above (I.C. § 35-33-1-1.5). 311.6 FOREIGN COURT ORDERS Various types of orders may be issued in domestic or family violence cases. Any foreign court order properly issued by a court of another state, Indian tribe or territory shall be enforced by officers as if it were the order of a court in this state. An order should be considered properly issued when it reasonably appears that the issuing court has jurisdiction over the parties and reasonable notice and opportunity to respond was given to the party against whom the order was issued (18 USC § 2265; I.C. § 34-26-5-17). An otherwise valid out-of-state court order shall be enforced, regardless of whether the order has been properly registered with this state, except for certain mutual protection orders. A certified copy of an order for protection is not required for enforcement nor is a paper copy if the order is retrievable from a database in a perceivable form. If a foreign court order is not presented, an investigating officer may consider other information to determine under a totality of the circumstances whether there is probable cause to believe that a valid foreign court order exists (I.C. § 34-26-5-17). If an investigating officer determines that an otherwise valid foreign court order cannot be enforced because the subject of the order has not been notified or served with the order, the officer shall (I.C. § 34-26-5-17): (a)Inform the subject of the order. (b)Serve the order on the subject of the order. (c)Ensure that the order and service of the order are entered into the state depository. (d)Allow the subject of the order a reasonable opportunity to comply with the order before enforcing the order. (e)Ensure the safety of the protected person while giving the subject of the order the opportunity to comply with the order. 311.7 VERIFICATION OF COURT ORDERS Determining the validity of a court order, particularly an order from another jurisdiction, can be challenging. Therefore, in determining whether there is probable cause to make an arrest for a violation of any court order, officers should carefully review the actual order when available, and, where appropriate and practicable: (a)Ask the subject of the order about his/her notice or receipt of the order, knowledge of its terms and efforts to respond to the order. (b)Check available records or databases that may show the status or conditions of the order. (c)Contact the issuing court to verify the validity of the order. Jeffersonville Police Department Policy Manual Domestic or Family Violence Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Domestic or Family Violence - 106 (d)Contact a law enforcement official from the jurisdiction where the order was issued to verify information. Officers should document in an appropriate report their efforts to verify the validity of an order, regardless of whether an arrest is made. Officers should contact a supervisor for clarification when needed. 311.8 STANDARDS FOR ARRESTS Officers investigating a domestic or family violence report should consider the following: (a)An officer investigating a crime involving domestic or family violence should make an arrest of a suspect when lawful to do so (unless a supervisor grants an exception) (I.C. § 35-33-1-1.5). (b)A person arrested for an offense or attempted offense involving the use of force or threatened use of a deadly weapon committed against a current or former spouse, parent, guardian, person with whom the person shared a child in common or cohabitant shall be kept in custody for at least eight hours from the time of the arrest even if the person provides bail pursuant to I.C. § 35-33-1-1.7 (I.C. § 35-31.5-2-78). (c)An officer may arrest a person for the following offenses upon probable cause even if the offense did not rise to the level of a felony or was not committed in the officer’s presence (I.C. § 35-33-1-1): 1.Domestic battery 2.Interference with reporting of a crime 3.Preventing the reporting of a crime involving domestic or family violence 311.9 ORDERS REQUIRED TO BE ENTERED INTO IDACS The Records Manager or other person designated by the Chief of Police shall serve as the Indiana Data and Communications System (IDACS) coordinator for the Department. The Records Manager shall ensure a depository of protective orders is appropriately administered pursuant to I.C. § 5-2-9-5 et seq. and that court orders are entered into IDACS pursuant to I.C. § 34-26-5-18 (I.C. § 5-2-9-1.2). Policy 312 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Search and Seizure - 107 Search and Seizure 312.1 PURPOSE AND SCOPE Both the federal and state constitutions provide every individual with the right to be free from unreasonable searches and seizures. This policy provides general guidelines for Jeffersonville Police Department personnel to consider when dealing with search and seizure issues. 312.2 POLICY It is the policy of the Jeffersonville Police Department to respect the fundamental privacy rights of individuals. Members of this department will conduct searches in strict observance of the constitutional rights of persons being searched. All seizures by this department will comply with relevant federal and state law governing the seizure of persons and property. The Department will provide relevant and current training to officers as guidance for the application of current law, local community standards and prosecutorial considerations regarding specific search and seizure situations, as appropriate. 312.3 SEARCHES The U.S. Constitution generally provides that a valid warrant is required in order for a search to be valid. There are, however, several exceptions to the rule that permit a warrantless search. Examples of law enforcement activities that are exceptions to the general warrant requirement include, but are not limited to, searches pursuant to the following: •Valid consent •Incident to a lawful arrest •Legitimate community caretaking interests •Vehicle searches under certain circumstances •Exigent circumstances Certain other activities are recognized by federal and state courts and by certain statutes as legitimate law enforcement activities that also do not require a warrant. Such activities may include seizure and examination of abandoned property and observations of activities and property located on open public areas. Because case law regarding search and seizure is constantly changing and subject to interpretation by the courts, each member of this department is expected to act in each situation according to current training and his/her familiarity with clearly established rights as determined by case law. Whenever practicable, officers are encouraged to contact a supervisor to resolve questions regarding search and seizure issues prior to electing a course of action. Jeffersonville Police Department Policy Manual Search and Seizure Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Search and Seizure - 108 312.4 SEARCH PROTOCOL Although conditions will vary and officer safety and other exigencies must be considered in every search situation, the following guidelines should be followed whenever circumstances permit: (a)Members of this department will strive to conduct searches with dignity and courtesy. (b)Officers should explain to the person being searched the reason for the search and how the search will be conducted. (c)Searches should be carried out with due regard and respect for private property interests and in a manner that minimizes damage. Property should be left in a condition as close as reasonably possible to its pre-search condition. (d)In order to minimize the need for forcible entry, an attempt should be made to obtain keys, combinations or access codes when a search of locked property is anticipated. (e)Whenever practicable, a search should not be conducted by a lone officer. A cover officer should be positioned to ensure safety and should not be involved in the search. (f)When the person to be searched is of the opposite sex as the searching officer, a reasonable effort should be made to summon an officer of the same sex as the subject to conduct the search. When it is not practicable to summon an officer of the same sex as the subject, the following guidelines should be followed: 1.Another officer or a supervisor should witness the search. 2.The officer should not search areas of the body covered by tight-fitting clothing, sheer clothing or clothing that could not reasonably conceal a weapon. 312.5 DOCUMENTATION Officers are responsible for documenting any search and for ensuring that any required reports are sufficient including, at minimum, documentation of the following: •Reason for the search •Any efforts used to minimize the intrusiveness of any search (e.g., asking for consent or keys) •What, if any, injuries or damage occurred •All steps taken to secure property •The results of the search including a description of any property or contraband seized •If the person searched is the opposite sex, any efforts to summon an officer of the same sex as the person being searched and the identification of any witness officer Supervisors shall review reports to ensure the reports are accurate, that actions are properly documented and that current legal requirements and department policy have been met. Policy 313 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Child Abuse - 109 Child Abuse 313.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the investigation of suspected child abuse. This policy also addresses when Jeffersonville Police Department members are required to notify the Department of Child Services (DCS) of suspected child abuse. 313.1.1 DEFINITIONS Definitions related to this policy include: Child - Unless otherwise specified by a cited statute, a child is any person under the age of 18 years. Child abuse - Any offense or attempted offense involving violence or neglect with a child victim when committed by a person responsible for the child’s care or any other act that would mandate notification to a social service agency or law enforcement. 313.2 POLICY The Jeffersonville Police Department will investigate all reported incidents of alleged criminal child abuse and ensure DCS is notified as required by law. 313.3 MANDATORY NOTIFICATION The investigating officer(s) shall notify DCS when there is reason to believe a child may be the victim of abuse or neglect, whether or not there exists an imminent danger to the child’s health or welfare (I.C. § 31-33-5-1; I.C. § 31-33-7-7). For purposes of notification, child abuse or neglect means a child described in I.C. § 31-34-1-1 through I.C. § 31-34-1-5, regardless of whether the child needs care, treatment, rehabilitation or the coercive intervention of a court (I.C. § 31-9-2-14). The investigating officer(s) shall also notify DCS anytime a suspected child victim of an offense under I.C. § 35-42-3.5-1 (human trafficking, sexual trafficking) is detained and may be a victim of child abuse or neglect (I.C. § 35-42-3.5-4). 313.3.1 NOTIFICATION PROCEDURE Notification shall occur as follows (I.C. § 31-33-5-4): (a)The investigating officer(s) should immediately call the DCS child abuse and neglect hotline. Members may also fax or email reports of abuse or neglect to the appropriate child protective services agency. (b)If the child has died, the member shall also give telephone notice to the appropriate prosecuting attorney (I.C. § 31-33-8-4). 313.4 INVESTIGATORS RESPONSIBILITES Investigators should be available for child abuse investigations. These investigators should: Jeffersonville Police Department Policy Manual Child Abuse Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Child Abuse - 110 (a)Conduct interviews in child appropriate interview facilities. (b)Be familiar with forensic interview techniques specific to child abuse investigations. (c)Present all cases of alleged child abuse that may have occurred to the prosecutor for review (I.C. § 31-33-8-10). (d)Coordinate with other enforcement agencies, social service agencies and school administrators as needed. (e)Participate in or coordinate with multidisciplinary investigative teams as applicable. 313.5 INVESTIGATIONS AND REPORTING Officers shall conduct an immediate on-site assessment with DCS or the applicable child protective services agency whenever there is reason to believe that an offense has been committed (I.C. § 31-33-7-7; I.C. § 31-33-8-2). In all reported or suspected cases of child abuse, a report will be written. Officers shall write a report even if the allegations appear unfounded or unsubstantiated (I.C. § 31-33-8-8). Investigations and reports related to suspected cases of child abuse should address, as applicable: (a)The overall basis for the contact. This should be done by the investigating officers in all circumstances where a suspected child abuse victim was contacted. (b)The exigent circumstances that existed if officers interviewed the child victim without the presence of a parent or guardian. (c)Any relevant statements the child may have made and to whom he/she made the statements. (d)If a child was taken into protective custody, the reasons, the name and title of the person making the decision, and why other alternatives were not appropriate. (e)Documentation of any visible injuries or any injuries identified by the child. This shall include photographs of such injuries, if practicable (I.C. § 31-33-8-3). (f)Whether the child victim was transported for medical treatment or a medical examination. (g)Whether the victim identified a household member as the alleged perpetrator, and a list of the names of any other children who may reside in the residence. (h)Identification of any prior related reports or allegations of child abuse, including other jurisdictions, as reasonably known. (i)Previous addresses of the victim and suspect. (j)Other potential witnesses who have not yet been interviewed, such as relatives or others close to the victim’s environment. All cases of the unexplained death of a child should be investigated. Jeffersonville Police Department Policy Manual Child Abuse Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Child Abuse - 111 313.6 PROTECTIVE CUSTODY Before taking any child into protective custody, the officer should make reasonable attempts to contact DCS. Generally, removal of a child from his/her family, guardian or other responsible adult should be left to the child welfare authorities when they are present or have become involved in an investigation (I.C. § 31-33-8-8). Generally, members of this department should remove a child from his/her parent or guardian without a court order only when no other effective alternative is reasonably available and immediate action reasonably appears necessary to protect the child. Prior to taking a child into protective custody, the officer should take reasonable steps to deliver the child to another qualified parent or legal guardian unless it reasonably appears that the release would endanger the child or result in abduction. When a parent designates an adult temporarily legal guardian, an exchange of custody form shall be completed. If this is not a reasonable option, the officer shall ensure that the child is delivered to DCS. Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking a child into protective custody. If prior notification is not practicable, officers should contact a supervisor promptly after taking a child into protective custody. Children may only be removed from a parent or guardian: (a)Upon a court order or warrant (I.C. § 31-33-8-8; I.C. § 31-21-6-14; I.C. § 31-34-2-1). (b)When the officer has probable cause to believe the child is in need of services and (I.C. § 31-34-2-3): 1.It appears that the child's physical or mental condition will be seriously impaired or seriously endangered if the child is not immediately taken into custody. 2.There is no reasonable opportunity to obtain an order of the court. 3.Consideration for the safety of the child precludes the immediate use of family services to prevent removal of the child. 313.6.1 SAFE HAVEN LAW Officers shall take custody of a child who appears to be not more than 30 days old who is voluntarily left with the officer by a parent without an expressed intent to return for the child (I.C. § 31-34-2.5-1). Any person voluntarily leaving the child is not obligated to disclose the parent’s or his/her own name. The officer taking custody of the child shall immediately notify DCS to assume the care, control and custody of the child (I.C. § 31-34-2.5-2). 313.7 INTERVIEWS 313.7.1 PRELIMINARY INTERVIEWS Officers should avoid multiple interviews with a child victim and should attempt to gather only the information necessary to begin an investigation. When practicable, investigating officers should Jeffersonville Police Department Policy Manual Child Abuse Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Child Abuse - 112 defer interviews until a person who is specially trained in such interviews is available. Generally, child victims should not be interviewed in the home or location where the alleged abuse occurred. 313.7.2 DETAINING SUSPECTED CHILD ABUSE VICTIMS FOR AN INTERVIEW An officer should not detain a child involuntarily who is suspected of being a victim of child abuse solely for the purpose of an interview or physical exam without the consent of a parent or guardian unless one of the following applies: (a)Exigent circumstances exist, such as: 1.A reasonable belief that medical issues of the child need to be addressed immediately. 2.A reasonable belief that the child is or will be in danger of harm if the interview or physical exam is not immediately completed. 3.The alleged offender is the custodial parent or guardian and there is reason to believe the child may be in continued danger. (b)A court order or warrant has been issued. 313.8 MEDICAL EXAMINATIONS If the child has been the victim of abuse that requires a medical examination, the investigating officer should obtain consent for such examination from the appropriate parent, guardian or agency having legal custody of the child. The officer should also arrange for the child’s transportation to the appropriate medical facility. In cases where the alleged offender is the custodial parent or guardian and is refusing consent for the medical examination, officers should notify a supervisor before proceeding. If exigent circumstances do not exist or if state law does not provide for officers to take the child for a medical examination, the notified supervisor should consider obtaining a court order for such an examination. Officers should request and obtain a copy of all photographs and a summary of X-rays and other medical care provided if available (I.C. § 31-33-10-3). 313.9 DRUG-ENDANGERED CHILDREN A coordinated response by law enforcement and social services agencies is appropriate to meet the immediate and longer-term medical and safety needs of children exposed to the manufacturing, trafficking or use of narcotics (I.C. § 31-34-1-2). 313.9.1 SUPERVISOR RESPONSIBILITIES The Investigating detective should: (a)Work with professionals from the appropriate agencies, including DCS, other law enforcement agencies, medical service providers and local prosecutors to develop community-specific procedures for responding to situations where there are children Jeffersonville Police Department Policy Manual Child Abuse Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Child Abuse - 113 endangered by their exposure to methamphetamine labs or the manufacture and trafficking of other drugs. (b) Develop a report format or checklist for use when officers respond to drug labs or other narcotics crime scenes. The checklist will help officers document the environmental, medical, social and other conditions that may affect the child. 313.9.2 OFFICER RESPONSIBILITIES Officers responding to a drug lab or other narcotics crime scene where a child is present or where there is evidence that a child lives should: (a)Document the environmental, medical, social and other conditions of the child using photography as appropriate and the checklist or form developed for this purpose. (b)Notify the Detective Division s in cases where the officer has responded to a drug lab. (c)Notify any available interagency response when an officer responds to a drug lab or other narcotics crime scene where a child is or where evidence indicates that a child lives at the scene. 313.10 STATE MANDATES AND OTHER RELEVANT LAWS This department shall investigate alleged child abuse or neglect in the same manner that the Department conducts any other criminal investigation (I.C. § 31-33-8-2). 313.10.1 PROCESSING REPORTS AND RECORDS The department shall forward any information, including copies of reports, to DCS and the appropriate juvenile court (I.C. § 31-33-7-7; I.C. § 31-33-8-11). Copies of reports that involve the death of a child shall also be promptly forwarded to the appropriate prosecuting attorney (I.C. § 31-33-8-4). 313.10.2 RELEASE OF REPORTS Information related to incidents of child abuse or suspected child abuse shall be confidential and may only be disclosed pursuant to state law and the Records Maintenance and Release Policy (I.C. § 31-33-18-1; I.C. § 31-33-18-2). 313.10.3 DISCLOSURE OF INFORMATION The Department shall release child abuse or neglect information and reports to DCS (I.C. § 31-33-8-11). 313.11 TRAINING The Department should provide training on best practices in child abuse investigations to members tasked with investigating these cases. The training should include (I.C. § 5-2-8-2) (a)Participating in multidisciplinary investigations, as appropriate. (b)Conducting forensic interviews. (c)Availability of therapy services for families. Jeffersonville Police Department Policy Manual Child Abuse Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Child Abuse - 114 (d)Availability of specialized forensic medical exams. (e)Cultural competence (including interpretive services) related to child abuse investigations. (f)Availability of victim advocate or guardian ad litem support. (g)Recognizing abuse that requires mandatory notification to another agency. Policy 314 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Adult Abuse - 115 Adult Abuse 314.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the investigation and reporting of suspected abuse of certain adults who may be more vulnerable than others. This policy also addresses mandatory notification for Jeffersonville Police Department members as required by law. 314.1.1 DEFINITIONS Definitions related to this policy include: Adult abuse - Any offense or attempted offense involving violence or neglect of an adult victim when committed by a person responsible for the adult’s care, or any other act that would mandate reporting or notification to a social service agency or law enforcement. 314.2 POLICY The Jeffersonville Police Department will investigate all reported incidents of alleged adult abuse and ensure proper reporting and notification as required by law. 314.3 MANDATORY NOTIFICATION The Investigating officer(s)shall notify Adult Protective Services (APS) when the member reasonably believes a person has been the victim of adult abuse (I.C. § 35-46-1-13(c); I.C. § 12-10-3-9; I.C. § 12-10-3-10(b)). For purposes of notification, adult abuse includes the battery, neglect and exploitation of a person who is 18 years or older and is incapable by reason of mental illness, developmental or intellectual disability or dementia or otherwise lacks the capacity to manage his/her property or to provide or direct the provision of self-care (I.C. § 12-10-3-2). 314.3.1 NOTIFICATION PROCEDURE Notification shall be immediately made to the APS hotline or local APS unit, and should include as much of the following as is known (I.C. § 12-10-3-10): (a)The name, age and address of the victim (b)The names and addresses of family members or other persons financially responsible for the victim's care or other individuals who may be able to provide relevant information (c)The apparent nature and extent of the alleged neglect, battery or exploitation and the victim's physical and mental condition (d)The name, address and telephone number of any person who reported the alleged abuse to the Department and the basis of the reporter's knowledge (e)The name and address of the alleged offender (f)Any other relevant information regarding the circumstances of the endangered adult Jeffersonville Police Department Policy Manual Adult Abuse Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Adult Abuse - 116 314.4 QUALIFIED INVESTIGATORS Investigators should be available to investigate cases of adult abuse. These investigators should: (a)Conduct interviews in appropriate interview facilities. (b)Be familiar with forensic interview techniques specific to adult abuse investigations. (c)Present all cases of alleged adult abuse that may have occurred to the prosecutor for review. (d)Coordinate with other enforcement agencies, social service agencies and facility administrators as needed. (e)Participate in or coordinate with multidisciplinary investigative teams as applicable. 314.5 INVESTIGATIONS AND REPORTING All reported or suspected cases of adult abuse require investigation and a report, even if the allegations appear unfounded or unsubstantiated. Investigations and reports related to suspected cases of adult abuse should address, as applicable: (a)The overall basis for the contact. This should be done by the investigating officer in all circumstances where a suspected adult abuse victim is contacted. (b)Any relevant statements the victim may have made and to whom he/she made the statements. (c)If a person is taken into protective custody, the reasons, the name and title of the person making the decision, and why other alternatives were not appropriate. (d)Documentation of any visible injuries or any injuries identified by the victim. This should include photographs of such injuries, if practicable. (e)Whether the victim was transported for medical treatment or a medical examination. (f)Whether the victim identified a household member as the alleged perpetrator, and a list of the names of any other potential victims or witnesses who may reside in the residence. (g)Identification of any prior related reports or allegations of abuse, including other jurisdictions, as reasonably known. (h)Previous addresses of the victim and suspect. (i)Other potential witnesses who have not yet been interviewed, such as relatives or others close to the victim’s environment. Any unexplained death of an adult who was in the care of a guardian or caretaker should be investigated. 314.6 PROTECTIVE CUSTODY Removal of an adult abuse victim from his/her family, guardian or other responsible adult is the responsibility of APS (I.C. § 12-10-3-23; I.C. § 12-10-3-28). Jeffersonville Police Department Policy Manual Adult Abuse Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Adult Abuse - 117 When it appears necessary to protect adult abuse victims by taking the victim into protective custody, members should contact APS and request APS to obtain an emergency protective order. 314.7 INTERVIEWS 314.7.1 PRELIMINARY INTERVIEWS Officers should avoid multiple interviews with the victim and should attempt to gather only the information necessary to begin an investigation. When practicable, investigating officers should defer interviews until a person who is specially trained in such interviews is available. 314.7.2 DETAINING VICTIMS FOR INTERVIEWS An officer should not detain an adult involuntarily who is suspected of being a victim of abuse solely for the purpose of an interview or physical exam without his/her consent or the consent of a guardian unless one of the following applies: (a)Exigent circumstances exist, such as: 1.A reasonable belief that medical issues of the adult need to be addressed immediately. 2.A reasonable belief that the adult is or will be in danger of harm if the interview or physical exam is not immediately completed. 3.The alleged offender is a family member or guardian and there is reason to believe the adult may be in continued danger. (b)A court order or warrant has been issued. 314.8 MEDICAL EXAMINATIONS When an adult abuse investigation requires a medical examination, the investigating officer should obtain consent for such examination from the victim, guardian, agency or entity having legal custody of the adult. The officer should also arrange for the adult’s transportation to the appropriate medical facility. In cases where the alleged offender is a family member, guardian, agency or entity having legal custody and is refusing to give consent for the medical examination, officers should notify a supervisor before proceeding. If exigent circumstances do not exist or if state law does not provide for officers to take the adult for a medical examination, the supervisor should consider other government agencies or services that may obtain a court order for such an examination. 314.9 DRUG-ENDANGERED VICTIMS A coordinated response by law enforcement and social services agencies is appropriate to meet the immediate and longer-term medical and safety needs of an adult abuse victim who has been exposed to the manufacturing, trafficking or use of narcotics. Jeffersonville Police Department Policy Manual Adult Abuse Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Adult Abuse - 118 314.9.1 DETECTIVE DIVISION RESPONSIBILITIES The investigating detective should: (a)Work with professionals from the appropriate agencies, including APS, other law enforcement agencies, medical service providers and local prosecutors to develop community-specific procedures for responding to situations where there are adult abuse victims endangered by exposure to methamphetamine labs or the manufacture and trafficking of other drugs. (b)Develop a report format or checklist for use when officers respond to drug labs or other narcotics crime scenes. The checklist will help officers document the environmental, medical, social and other conditions that may affect the adult. 314.9.2 OFFICER RESPONSIBILITIES Officers responding to a drug lab or other narcotics crime scene where an adult abuse victim is present or where there is evidence that an adult abuse victim lives at the scene should: (a)Document the environmental, medical, social and other conditions of the adult, using photography as appropriate and the checklist or form developed for this purpose. (b)Notify the Detective Division supervisor so an interagency response can begin. (c)Notify any available interagency response when an officer responds to a drug lab or other narcotics drug scene where an adult abuse victim is present or where evidence indicates that an adult abuse victim lives at the scene. 314.10 STATE MANDATES AND OTHER RELEVANT LAWS Indiana requires or permits the following: 314.11 RECORDS DIVISION RESPONSIBILITIES The Records Division is responsible for: (a)Providing a copy of the adult abuse report to APS. (b)Retaining the original adult abuse report with the initial case file. 314.12 RELEASE OF REPORTS Information related to incidents of adult abuse or suspected adult abuse shall be confidential and may only be disclosed pursuant to state law and the Records Maintenance and Release Policy (I.C. § 12-10-3-15). 314.13 TRAINING The Department should provide training on best practices in adult abuse investigations to members tasked with investigating these cases. The training should include (I.C. § 5-2-8-2): (a)Participating in multidisciplinary investigations, as appropriate. Jeffersonville Police Department Policy Manual Adult Abuse Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Adult Abuse - 119 (b)Conducting interviews. (c)Availability of therapy services for adults and families. (d)Availability of specialized forensic medical exams. (e)Cultural competence (including interpretive services) related to adult abuse investigations. (f)Availability of victim advocates or other support. Policy 315 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Discriminatory Harassment - 120 Discriminatory Harassment 315.1 PURPOSE AND SCOPE The purpose of this policy is to prevent department members from being subjected to discriminatory harassment, including sexual harassment and retaliation. Nothing in this policy is intended to create a legal or employment right or duty that is not created by law. 315.2 POLICY The Jeffersonville Police Department is an equal opportunity employer and is committed to creating and maintaining a work environment that is free of all forms of discriminatory harassment, including sexual harassment and retaliation. The Department will not tolerate discrimination against a member in hiring, promotion, discharge, compensation, fringe benefits and other privileges of employment. The Department will take preventive and corrective action to address any behavior that violates this policy or the rights and privileges it is designed to protect. The nondiscrimination policies of the Department may be more comprehensive than state or federal law. Conduct that violates this policy may not violate state or federal law but still could subject a member to discipline. 315.3 DEFINITIONS Definitions related to this policy include: 315.3.1 DISCRIMINATION The Department prohibits all forms of discrimination, including any employment-related action by a member that adversely affects an applicant or member and is based on race, color, religion, sex, age, national origin or ancestry, genetic information, disability, military service, sexual orientation and other classifications protected by law. Discriminatory harassment, including sexual harassment, is verbal or physical conduct that demeans or shows hostility or aversion toward an individual based upon that individual’s protected class. It has the effect of interfering with an individual’s work performance or creating a hostile or abusive work environment. Conduct that may, under certain circumstances, constitute discriminatory harassment can include making derogatory comments, crude and offensive statements or remarks; making slurs or off-color jokes; stereotyping; engaging in threatening acts; making indecent gestures, pictures, cartoons, posters or material; making inappropriate physical contact; or using written material or department equipment and/or systems to transmit or receive offensive material, statements or pictures. Such conduct is contrary to department policy and to a work environment that is free of discrimination. 315.3.2 RETALIATION Retaliation is treating a person differently or engaging in acts of reprisal or intimidation against the person because he/she has engaged in protected activity, filed a charge of discrimination, Jeffersonville Police Department Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Discriminatory Harassment - 121 participated in an investigation or opposed a discriminatory practice. Retaliation will not be tolerated. 315.3.3 SEXUAL HARASSMENT The Department prohibits all forms of discrimination and discriminatory harassment, including sexual harassment. It is unlawful to harass an applicant or a member because of that person’s sex. Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors or other verbal, visual or physical conduct of a sexual nature when: (a)Submission to such conduct is made either explicitly or implicitly as a term or condition of employment, position or compensation. (b)Submission to, or rejection of, such conduct is used as the basis for any employment decisions affecting the member. (c)Such conduct has the purpose or effect of substantially interfering with a member’s work performance or creating an intimidating, hostile, or offensive work environment. 315.3.4 ADDITIONAL CONSIDERATIONS Discrimination and discriminatory harassment do not include actions that are in accordance with established rules, principles or standards, including: (a)Acts or omission of acts based solely upon bona fide occupational qualifications under the Equal Employment Opportunity Commission and the Indiana Civil Rights Commission guidelines. (b)Bona fide requests or demands by a supervisor that a member improve his/her work quality or output, that the member report to the job site on time, that the member comply with City or department rules or regulations, or any other appropriate work-related communication between supervisor and member. 315.4 RESPONSIBILITIES This policy applies to all department members, who shall follow the intent of these guidelines in a manner that reflects department policy, professional law enforcement standards and the best interest of the Department and its mission. Members are encouraged to promptly report any discriminatory, retaliatory or harassing conduct or known violations of this policy to a supervisor. Any member who is not comfortable with reporting violations of this policy to his/her immediate supervisor may bypass the chain of command and make the report to a higher ranking supervisor or manager. Complaints may also be filed with the Chief of Police, the Director of Human Resources or the City Attorney. Any member who believes, in good faith, that he/she has been discriminated against, harassed or subjected to retaliation, or who has observed harassment, discrimination or retaliation, is encouraged to promptly report such conduct in accordance with the procedures set forth in this policy. Jeffersonville Police Department Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Discriminatory Harassment - 122 Supervisors and managers receiving information regarding alleged violations of this policy shall determine if there is any basis for the allegation and shall proceed with a resolution as stated below. 315.4.1 QUESTIONS OR CLARIFICATION Members with questions regarding what constitutes discrimination, sexual harassment or retaliation are encouraged to contact a supervisor, a manager, the Chief of Police, the Director of Human Resources or the City Attorney for further information, direction or clarification. 315.4.2 SUPERVISOR RESPONSIBILITIES The responsibilities of each supervisor and manager shall include, but are not limited to: (a)Continually monitoring the work environment and striving to ensure that it is free from all types of unlawful discrimination, including harassment or retaliation. (b)Taking prompt, appropriate action within their work units to avoid and minimize the incidence of any form of discrimination, harassment or retaliation. (c)Ensuring that their subordinates understand their responsibilities under this policy. (d)Ensuring that members who make complaints or who oppose any unlawful employment practices are protected from retaliation and that such matters are kept confidential to the extent possible. (e)Making a timely determination regarding the substance of any allegation based upon all available facts. (f)Notifying the Chief of Police or Director of Human Resourcesverbally or in writing of the circumstances surrounding any reported allegations or observed acts of discrimination, harassment or retaliation no later than the next business day. 315.4.3 SUPERVISOR’S ROLE Because of differences in individual values, supervisors and managers may find it difficult to recognize that their behavior or the behavior of others is discriminatory, harassing or retaliatory. Supervisors and managers shall be aware of the following: (a)Behavior of supervisors and managers should represent the values of the Department and professional law enforcement standards. (b)False or mistaken accusations of discrimination, harassment or retaliation can have negative effects on the careers of innocent members. Nothing in this section shall be construed to prevent supervisors or managers from discharging supervisory or management responsibilities, such as determining duty assignments, evaluating or counseling members or issuing discipline in a manner that is consistent with established procedures. Jeffersonville Police Department Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Discriminatory Harassment - 123 315.5 INVESTIGATION OF COMPLAINTS Various methods of resolution exist. During the pendency of any such investigation, the supervisor of the involved member should take prompt and reasonable steps to mitigate or eliminate any continuing abusive or hostile work environment. It is the policy of the Department that all complaints of discrimination, retaliation or harassment shall be fully documented and promptly and thoroughly investigated. 315.5.1 SUPERVISORY RESOLUTION Members who believe they are experiencing discrimination, harassment or retaliation should be encouraged to inform the individual that his/her behavior is unwelcome, offensive, unprofessional or inappropriate. However, if the member feels uncomfortable or threatened or has difficulty expressing his/her concern, or if this does not resolve the concern, assistance should be sought from a supervisor or manager who is a rank higher than the alleged transgressor. 315.5.2 FORMAL INVESTIGATION If the complaint cannot be satisfactorily resolved through the supervisory resolution process, a formal investigation will be conducted. The person assigned to investigate the complaint will have full authority to investigate all aspects of the complaint. Investigative authority includes access to records and the cooperation of any members involved. No influence will be used to suppress any complaint and no member will be subject to retaliation or reprisal for filing a complaint, encouraging others to file a complaint or for offering testimony or evidence in any investigation. Formal investigation of the complaint will be confidential to the extent possible and will include, but is not limited to, details of the specific incident, frequency and dates of occurrences and names of any witnesses. Witnesses will be advised regarding the prohibition against retaliation, and that a disciplinary process, up to and including termination, may result if retaliation occurs. Members who believe they have been discriminated against, harassed or retaliated against because of their protected status are encouraged to follow the chain of command but may also file a complaint directly with the Chief of Police, Director of Human Resources or the City Attorney. 315.5.3 ALTERNATIVE COMPLAINT PROCESS No provision of this policy shall be construed to prevent any member from seeking legal redress outside the Department. Members who believe that they have been harassed, discriminated or retaliated against are entitled to bring complaints of employment discrimination to federal, state and/or local agencies responsible for investigating such allegations. Specific time limitations apply to the filing of such charges. Members are advised that proceeding with complaints under the provisions of this policy does not in any way affect those filing requirements. 315.6 DOCUMENTATION OF COMPLAINTS All complaints or allegations shall be thoroughly documented on the appropriate forms and in a manner designated by the Chief of Police. The outcome of all reports shall be: Jeffersonville Police Department Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Discriminatory Harassment - 124 (a)Approved by the Chief of Police, the City Attorney or the Director of Human Resources, depending on the ranks of the involved parties. (b)Maintained in accordance with the established records retention schedule. 315.6.1 NOTIFICATION OF DISPOSITION The complainant and/or victim will be notified in writing of the disposition of the investigation and the actions taken to remedy or address the circumstances giving rise to the complaint. 315.7 TRAINING All new members shall be provided with a copy of this policy as part of their orientation. The policy shall be reviewed with each new member. The member shall certify by signing the prescribed form that he/she has been advised of this policy, is aware of and understands its contents and agrees to abide by its provisions during his/her term with the Department. All members shall receive annual training on the requirements of this policy and shall certify by signing the prescribed form that they have reviewed the policy, understand its contents and agree that they will continue to abide by its provisions. Policy 316 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Missing Persons - 125 Missing Persons 316.1 PURPOSE AND SCOPE This policy provides guidance for handling missing person investigations (I.C. § 5-2-17-1 et seq.). 316.1.1 DEFINITIONS Definitions related to this policy include: High risk - A person whose whereabouts are not known and who may be at risk of injury or death. High risk includes, but is not limited to, a missing person (I.C. § 5-2-17-1): (a)Who is missing as a result of abduction by a stranger. (b)Whose disappearance may be the result of the commission of a crime. (c)Whose disappearance occurred under circumstances that are inherently dangerous. (d)At risk due to abduction by a noncustodial parent. (e)Who is mentally impaired. (f)Under the age of 21. (g)Who has previously been the victim of a threat or act of violence. (h)Who has been determined by a law enforcement agency to be at risk for injury or death. Missing person - Any person who is reported missing to law enforcement when that person’s location is unknown. Missing person networks - Databases or computer networks that are available to law enforcement and are suitable for obtaining information related to missing person investigations. This includes the National Crime Information Center (NCIC), the Indiana Data and Communication System (IDACS) and the Indiana Clearinghouse for Missing Children and Missing Endangered Adults (I.C. § 10-13-3-35). 316.2 POLICY The Jeffersonville Police Department does not consider any report of a missing person to be routine and assumes that the missing person is in need of immediate assistance until an investigation reveals otherwise. Priority shall be given to missing person cases over property- related cases. Members will initiate an investigation into all reports of missing persons, regardless of the length of time the person has been missing. 316.3 REQUIRED FORMS AND BIOLOGICAL SAMPLE COLLECTION KITS The Detective Division supervisor shall ensure the following forms and kits are developed and available: •Missing person report form •Missing person investigation checklist that provides investigation guidelines and resources that could be helpful in the early hours of a missing person investigation Jeffersonville Police Department Policy Manual Missing Persons Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Missing Persons - 126 •Missing person school notification form •Biological sample collection kits 316.4 ACCEPTANCE OF REPORTS Any member encountering an individual who wishes to report a missing person or runaway shall render assistance without delay. This can be accomplished by accepting the report v in-person and initiating the investigation. Those members who do not take such reports or who are unable to give immediate assistance shall promptly dispatch or alert a member who can take the report (I.C. § 5-2-17-4; I.C. § 5-2-17-5; I.C. § 12-10-18-1; I.C. § 31-36-1-1). A report shall be accepted in all cases and regardless of where the person was last seen, where the person resides or any question of jurisdiction. If jurisdiction is in question, the officer shall advise the individual to also make a report to the law enforcement agency having jurisdiction where the missing person was last seen or, if that place is unknown, where the missing person resides (I.C. § 5-2-17-4). 316.5 INITIAL INVESTIGATION Officers or other members conducting the initial investigation of a missing person should take the following investigative actions, as applicable: (a)Respond to a dispatched call as soon as practicable and begin the investigation (I.C. § 31-36-2-1; I.C. § 12-10-18-4). (b)Interview the reporting party and any witnesses to determine whether the person qualifies as a missing person and, if so, whether the person may be high risk (I.C. § 5-2-17-6(b)). 1.If the missing person is under 18 years of age, provide the reporting party with the information pamphlet from the Indiana State Police (ISP) about the National Center for Missing and Exploited Children and the National Runaway Safeline (I.C. § 5-2-17-7; I.C. § 10-11-2-34). (c)Notify a supervisor immediately if there is evidence that a missing person is either high risk or may qualify for a public alert, or both (see the Public Alerts Policy). (d)Broadcast an alert if the person is high risk. This shall be immediately broadcast as required by I.C. § 5-2-17-10(d). (e)Ensure that entries are made into the appropriate missing person networks: 1.Immediately, when the missing person is high risk (I.C. § 5-2-17-10(d)). 2.In all other cases, as soon as practicable, recommended within two hours, but not later than five hours, from the time of the initial report (I.C. § 31-36-1-2; I.C. § 5-2-17-10(c)). (f)Complete the appropriate report forms accurately and completely as required (I.C. § 5-2-17-6; I.C. § 12-10-18-1; I.C. § 12-10-18-2; I.C. § 31-36-1-1; I.C. § 31-36-1-2). (g)Initiate a search as applicable under the facts. Jeffersonville Police Department Policy Manual Missing Persons Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Missing Persons - 127 (h)Collect and/or review: 1.A photograph and fingerprint card of the missing person, if available. 2.A voluntarily provided biological sample of the missing person, if available (e.g., toothbrush, hairbrush). 3.Any documents that may assist in the investigation, such as court orders regarding custody. 4.Any other evidence that may assist in the investigation, including personal electronic devices (e.g., cell phones, computers). (i)When circumstances permit and if appropriate, attempt to determine the missing person’s location through his/her telecommunications carrier. (j)Contact the appropriate agency if the report relates to a missing person report previously made to another agency and that agency is actively investigating the report. When this is not practicable, the information should be documented in an appropriate report for transmission to the appropriate agency. If the information relates to a high-risk missing person, the member should notify a supervisor and proceed with reasonable steps to locate the missing person. (k)If the missing person qualifies for an AMBER Alert™ or a Silver Alert, contact the ISP as soon as practical (I.C. § 12-10-18-3). (l)As necessary, obtain the assistance of other law enforcement agencies including the ISP (I.C. § 5-2-17-10(a)). (m)As appropriate, the officer shall inform other law enforcement agencies of a high-risk missing person (I.C. § 5-2-17-10(b)). (n)If requested, inform the individual making the report, a family member of the missing person and any other individual who may be helpful in locating the missing person of the following (I.C. § 5-2-17-7): 1.The general procedure for handling missing person cases. 2.The approach of the case, unless disclosure would adversely affect the investigation. 3.That additional information may be required if the missing person is not promptly located or if additional information is discovered in the course of the investigation. 4.Provide contact information for the NCMEC or the Americas Missing Adults, or other similar organizations and advise that those organizations may provide additional resources. 316.6 REPORT PROCEDURES AND ROUTING Members should complete all missing person reports and forms promptly and advise the appropriate supervisor as soon as a missing person report is ready for review. 316.6.1 SUPERVISOR RESPONSIBILITIES The responsibilities of the supervisor shall include, but are not limited to: (a)Ensuring resources are deployed as appropriate. Jeffersonville Police Department Policy Manual Missing Persons Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Missing Persons - 128 (b)Reviewing any supporting documentation. 1.The reports should be promptly sent to the Records Division. (c)Initiating a command post as needed. (d)Ensuring applicable notifications and public alerts are made and documented. (e)Ensuring that records have been entered into the appropriate missing person networks. (f)Taking reasonable steps to identify and address any jurisdictional issues to ensure cooperation among agencies. 1.If the case falls within the jurisdiction of another agency, the supervisor should facilitate transfer of the case to the agency of jurisdiction. (g)Assessing new information that may make the person high risk (I.C. § 5-2-17-6(b)). (h)Making a determination to stop the investigation if the person is not missing or is voluntarily missing (I.C. § 5-2-17-6(c)). 1.If the investigation is cancelled, ensure the investigative steps and results of the investigation are properly documented (I.C. § 5-2-17-6(d)). 2.Ensure that the location of the missing person is not disclosed to others if the missing person requests confidentiality (I.C. § 5-2-17-6(e)). 316.6.2 RECORDS DIVISION RESPONSIBILITIES The responsibilities of the Records Division receiving member shall include, but are not limited to: (a)As soon as reasonable under the circumstances, notifying and forwarding a copy of the report to the agency of jurisdiction for the missing person’s residence in cases where the missing person is a resident of another jurisdiction. (b)Notifying and forwarding a copy of the report to the agency of jurisdiction where the missing person was last seen. (c)Notifying and forwarding a copy of the report to the agency of jurisdiction for the missing person’s intended or possible destination, if known. (d)Forwarding a copy of the report to the Detective Division. (e)Forwarding copies of a missing child report to all agencies as required by I.C. § 31-36-1-3. (f)Coordinating with the NCIC Terminal Contractor for Indiana to have the missing person record in the NCIC computer networks updated with additional information obtained from missing person investigations (42 USC § 5780). 316.7 DETECTIVE DIVISION CONTINUING INVESTIGATIONS In addition to completing or continuing any actions listed above, the investigator assigned to a missing person investigation: Jeffersonville Police Department Policy Manual Missing Persons Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Missing Persons - 129 (a)Should ensure that the missing person’s school, child care center or child home care is notified no later than 15 days after completion of the report if the missing person is a child less than 13 years of age (I.C. § 31-36-1-4). 1.The notice shall be in writing and should also include a photograph. 2.The investigator should meet with school officials as appropriate to stress the importance of including the notice in the child’s student file, along with the investigator’s contact information, if the school receives a call requesting the transfer of the missing child’s files to another school (I.C. § 31-36-1-5). (b)Should recontact the reporting party and/or other witnesses within 30 days of the initial report and within 30 days thereafter to keep them informed, as appropriate, and to determine if any additional information has become available. (c)Should consider contacting other agencies involved in the case to determine if any additional information is available. (d)Shall verify and update IDACS, NCIC and any other applicable missing person networks within 30 days of the original entry into the networks and every 30 days thereafter until the missing person is located (42 USC § 5780). (e)Should continue to make reasonable efforts to locate the missing person and document these efforts at least every 30 days. (f)Shall maintain a close liaison with state and local child welfare systems and the National Center for Missing and Exploited Children (NCMEC) if the missing person is under the age of 21 and shall promptly notify NCMEC when the person is missing from a foster care family home or childcare institution (42 USC § 5780). (g)Should make appropriate inquiry with the Coroner. (h)Should obtain and forward medical records, dental records, photos, X-rays and biological samples, as applicable (I.C. § 5-2-17-8; I.C. § 31-36-2-3). (i)Shall attempt to obtain the most recent photograph for persons under 18 years of age if it has not been obtained previously and forward the photograph as appropriate and enter the photograph into applicable missing person networks (42 USC § 5780). (j)Should consider making appropriate entries and searches in the National Missing and Unidentified Persons System (NamUs). (k)Shall update the NCIC’s Missing Person File if an arrest warrant is issued for a person who abducted or unlawfully retained a missing child (I.C. § 31-36-2-5). (l)Shall search the NCIC's Wanted Person File for reports of arrest warrants issued for persons who allegedly abducted or unlawfully retained children and compare these reports to the missing child's NCIC Missing Person File (I.C. § 31-36-2-2). (m)Shall update the investigation upon the discovery of new information and forward the information to the appropriate agencies and organizations (I.C. § 31-36-2-2). (n)Shall report as soon as possible relevant information to the FBI’s Violent Criminal Apprehension Program (ViCAP) (I.C. § 5-2-17-9). Jeffersonville Police Department Policy Manual Missing Persons Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Missing Persons - 130 (o)In the case of a high-risk missing person or a person who has been missing for an extended time, should consult with a supervisor regarding seeking federal assistance from the FBI and the U.S. Marshals Service (28 USC 566). (p)Determine if a photograph of the missing person should be released to the public (I.C.§ 5-2-17-9). (q)Make a determination regarding the release of information to other agencies, the media and the public (I.C. § 12-10-18-3). 316.8 WHEN A MISSING PERSON IS FOUND When any person reported missing is found, the assigned investigator shall document the location of the missing person in the appropriate report, notify the relatives and/or reporting party, as appropriate, and other involved agencies and refer the case for additional investigation if warranted. When a missing child is found, notification shall be promptly made to all involved agencies, and persons as provided in I.C. § 31-36-2-6. The Records Manager shall ensure that, upon receipt of information that a missing person has been located, the following occurs: (a)The missing child’s school, child care center or child care home is promptly notified (I.C. § 31-36-2-6). (b)Entries are made in the applicable missing person networks. (c)Notification shall be made to any other law enforcement agency that took the initial report or participated in the investigation. 316.8.1 UNIDENTIFIED PERSONS Members investigating a case of an unidentified person who is deceased or a living person who cannot assist in identifying him/herself should: (a)Obtain a complete description of the person. (b)Enter the unidentified person’s description into the NCIC Unidentified Person File. (c)Use available resources, such as those related to missing persons, to identify the person. 316.9 CASE CLOSURE The Detective Division supervisor may authorize the closure of a missing person case after considering the following: (a)Closure is appropriate when the missing person is confirmed returned or evidence matches an unidentified person or body. (b)If the missing person is a resident of Jeffersonville or this department is the lead agency, the case should be kept under active investigation for as long as the person may still be alive. Exhaustion of leads in the investigation should not be a reason for closing a case. Jeffersonville Police Department Policy Manual Missing Persons Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Missing Persons - 131 (c)If this department is not the lead agency, the case can be made inactive if all investigative leads have been exhausted, the lead agency has been notified and entries are made in the applicable missing person networks, as appropriate. (d)A missing person case should not be closed or reclassified because the person would have reached a certain age or adulthood or because the person is now the subject of a criminal or civil warrant. Policy 317 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Public Alerts - 132 Public Alerts 317.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for alerting the public to important information and soliciting public aid when appropriate. 317.2 POLICY Public alerts may be employed using the Emergency Alert System (EAS), local radio, television and press organizations and other groups to notify the public of incidents, or enlist the aid of the public, when the exchange of information may enhance the safety of the community. Various types of alerts may be available based upon each situation and the alert system's individual criteria. 317.3 RESPONSIBILITIES 317.3.1 MEMBER RESPONSIBILITIES Members of the Jeffersonville Police Department should notify their supervisors, Uniform Patrol Commander or Detective Division supervisor as soon as practicable upon learning of a situation where public notification, a warning or enlisting the help of the media and the public could assist in locating a missing person, apprehending a dangerous person or gathering information. 317.3.2 SUPERVISOR RESPONSIBILITIES A supervisor apprised of the need for a public alert is responsible for making the appropriate notifications based upon the circumstances of each situation. The supervisor shall promptly notify the Chief of Police, the appropriate Assistant Chief and the Public Information Officer when any public alert is generated. The supervisor in charge of the investigation to which the alert relates is responsible for: (a)Updating alerts. (b)Canceling alerts. (c)Ensuring all appropriate reports are completed. (d)Preparing an after-action evaluation of the investigation to be forwarded to the Assistant Chief 317.4 AMBER™ ALERTS AMBER™ Alerts are used to provide a statewide system for the rapid dissemination of information regarding abducted children (I.C. § 10-13-5-1). 317.4.1 CRITERIA The following criteria are utilized to determine if an AMBER™ Alert should be requested (I.C. § 10-13-5-4): (a)An officer has a reasonable belief that an abduction has occurred. Jeffersonville Police Department Policy Manual Public Alerts Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Public Alerts - 133 (b)An officer believes that a child is in imminent danger of serious bodily injury or death. (c)Enough descriptive information exists about the victim and the abductor for this department to request that the superintendent of the Indiana State Police (ISP) issue an AMBER™ Alert. (d)The victim of the abduction is a child less than 18 years of age. (e)The victim is a temporary or permanent resident of the state of Indiana. 317.4.2 PROCEDURE The following procedures for initiating an AMBER™ Alert are used when a member of the Jeffersonville Police Department receives a report from a parent or guardian that a child is missing: (a)The member receiving the information shall notify all on-duty officers of the existence of a missing child report. (b)The member receiving the information shall communicate the report to all adjoining and regional law enforcement agencies. (c)The member receiving the report shall transmit the information to the superintendent of the Indiana State Police. 317.5 BLUE ALERTS Blue Alerts are used to provide a statewide system for the rapid dissemination of information regarding specific incidents relating to law enforcement officers (I.C. § 10-13-8-1). 317.5.1 CRITERIA The following criteria are circumstances warranting a Blue Alert (I.C. § 10-13-8-8): (a)A law enforcement officer has been killed or seriously injured while in the line of duty. (b)The suspect has not been apprehended and may be a serious threat to the public or other law enforcement personnel. (c)Sufficient information is available to disseminate to the public that could assist in locating the suspect. (d)If a law enforcement officer is missing while in the line of duty, sufficient information is available to disseminate to the public that could assist in locating the law enforcement officer. 317.5.2 PROCEDURE The following is the procedure for initiating a Blue Alert: (a)Before requesting activation of the Blue Alert system this department shall verify the criteria for activating the Blue Alert System has been met (I.C. § 10-13-8-8). (b)An officer will notify the superintendent of the Indiana State Police (ISP) and request activation of the Blue Alert System (I.C. § 10-13-8-10). (c)The superintendent of the ISP will notify the appropriate participants in the Blue Alert System if there is sufficient information available to disseminate to the public that could assist in locating the missing law enforcement officer or a suspect (I.C. § 10-13-8-10). Jeffersonville Police Department Policy Manual Public Alerts Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Public Alerts - 134 (d)The superintendent of the ISP shall determine the appropriate geographic boundaries of the alert based on the nature of the suspect and the circumstances surrounding the crime or the last known location of the missing law enforcement officer (I.C. § 10-13-8-8). (e)The area of the alert may be less than state-wide if the superintendent of the ISP determines that the nature of the event makes it probable that the suspect or the missing law enforcement officer is within a certain geographic location. (f)An officer shall, as soon practicable, notify the superintendent of the ISP upon locating the suspect or the missing law enforcement officer (I.C. § 10-13-8-13). (g)The superintendent of the ISP shall terminate any activation of the Blue Alert System if the suspect or the law enforcement officer is located or if the superintendent of the ISP determines that the Blue Alert System is no longer an effective tool for locating the suspect or law enforcement officer (I.C. § 10-13-8-14). 317.6 SILVER ALERTS Silver Alerts are used to provide a statewide system for the rapid dissemination of information regarding a missing endangered adult or high-risk missing person (I.C. § 12-7-2-131.3; I.C. § 5-2-17-1). 317.6.1 CRITERIA A Silver Alert shall be activated when (I.C. § 12-7-2-131.3; I.C. § 5-2-17-1): (a)An officer believes that a disabled adult or high-risk person is missing. (b)An officer believes that the disabled adult or high-risk person is in risk of injury or death. (c)The Jeffersonville Police Department confirms that an investigation has taken place verifying the disappearance and eliminating alternative explanations for the disabled adult’s or high- risk missing person’s disappearance. (d)The disabled adult or high-risk missing person is a temporary or permanent resident of the state of Indiana. 317.6.2 PROCEDURE The following is the procedure for initiating a Silver Alert when members of the Jeffersonville Police Department receive information that a disabled adult or high-risk person is missing. The investigating officer (I.C. § 5-2-17-10; I.C. § 12-10-18-3): (a)Shall verify that the criteria for requesting a Silver Alert has been satisfied. (b)Shall instruct the officers of the Jeffersonville Police Department to be alert for the disabled adult or high-risk missing person. (c)May notify the Indiana State Police and request assistance. (d)Shall make an entry into the National Crime Information Center (NCIC) within two hours of receiving the report. (e)Shall make an entry into any other appropriate database within 24 hours of receiving the report. (f)May forward the missing disabled adult or high-risk missing person report to: Jeffersonville Police Department Policy Manual Public Alerts Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Public Alerts - 135 1.Any appropriate law enforcement agency 2.The Indiana Data and Communications System (IDACS) 3.Indiana Clearinghouse for Information on Children and Missing Endangered Adults 4.A broadcaster or newspaper Policy 318 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Victim and Witness Assistance - 136 Victim and Witness Assistance 318.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that crime victims and witnesses receive appropriate assistance, that they are provided with information from government and private resources, and that the agency meets all related legal mandates. 318.2 POLICY The Jeffersonville Police Department is committed to providing guidance and assistance to the victims and witnesses of crime. The members of the Jeffersonville Police Department will show compassion and understanding for victims and witnesses and will make reasonable efforts to provide the support and information identified in this policy (Ind. Const. Art. 1 § 13(b)). 318.3 CRIME VICTIM LIAISON The Chief of Police may appoint a member of the Department to serve as the crime victim liaison. The crime victim liaison will be the point of contact for individuals requiring further assistance or information from the Jeffersonville Police Department regarding benefits from crime victim resources. This person shall also be responsible for maintaining compliance with all legal mandates related to crime victims and/or witnesses. 318.4 CRIME VICTIMS Officers should provide all victims with the applicable victim information handouts. Officers should never guarantee a victim’s safety from future harm but may make practical safety suggestions to victims who express fear of future harm or retaliation. Officers should never guarantee that a person qualifies as a victim for the purpose of compensation or restitution but may direct him/her to the proper written department material or available victim resources. 318.4.1 VICTIM NOTIFICATION When a person in the custody of the Jeffersonville Police Department escapes from custody or the victim makes a notification request regarding the release of a suspect, the department shall notify the victim as soon as practicable (I.C. § 35-40-7-1; I.C. § 35-40-7-3). If requested by the victim the Jeffersonville Police Department shall notify the victim as soon as practicable when the Jeffersonville Police Department is informed that (I.C. § 35-40-7-2): (a)A bond hearing is scheduled (b)The death of the accused individual occurs (c)The accused individual is placed on a work release program (d)The accused individual posts bail Jeffersonville Police Department Policy Manual Victim and Witness Assistance Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Victim and Witness Assistance - 137 318.5 VICTIM INFORMATION The Assistant Chief or his/her designee shall ensure that victim information handouts are available and current. These should include as appropriate: (a)Shelters and other community resources for victims of domestic violence. (b)Community resources for victims of sexual assault. (c)Assurance that sexual assault victims will not incur out-of-pocket expenses for forensic medical exams (42 USC § 3796gg). (d)An advisement that a person who was arrested may be released on bond or some other form of release and that the victim should not rely upon an arrest as a guarantee of safety. (e)A clear explanation of relevant court orders and how they can be obtained. (f)Information regarding available compensation for qualifying victims of crime. (g)VINE® information (Victim Information and Notification Everyday), including the telephone number and whether this free service is available to allow victims to check on an offender’s custody status and to register for automatic notification when a person is released from jail. (h)Notice regarding U visa and T visa application processes. (i)Resources available for victims of identity theft. (j)A place for the officer’s name, badge number and any applicable case or incident number. 318.6 WITNESSES Officers should never guarantee a witness’ safety from future harm or that his/her identity will always remain confidential. Officers may make practical safety suggestions to witnesses who express fear of future harm or retaliation. Officers should investigate allegations of witness intimidation and take enforcement action when lawful and reasonable. 318.7 WITNESS INFORMATION The Administration Assistant Chief shall ensure that witness information handouts are available and current. Policy 319 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Bias Crimes - 138 Bias Crimes 319.1 PURPOSE AND SCOPE The purpose of this policy is to provide members of this department with guidelines for identifying and investigating incidents and crimes that may be motivated by hatred or other bias. 319.1.1 DEFINITIONS Definitions related to this policy include: Bias crime - A crime motivated by prejudice based on the actual or perceived color, creed, disability, national origin, race, religion, or sexual orientation of the victim (I.C. § 10-13-3-1). 319.2 POLICY The Jeffersonville Police Department recognizes and places a high priority on the rights of all individuals guaranteed under the state and federal constitution and incorporated in state and federal law. 319.3 PREVENTION AND PREPARATION While it is recognized that not all crime can be prevented, this department is committed to taking a proactive approach to preventing and preparing for likely bias crimes by: (a)Making an affirmative effort to establish contact with persons and groups within the community who are likely targets of bias crimes, and forming networks that address prevention and response. (b)Providing victim assistance and community follow-up or identifying available resources. (c)Educating community and civic groups about bias crime laws. 319.4 INVESTIGATIONS Whenever any member of this department receives a report of a suspected bias crime or other activity that reasonably appears to involve a potential bias crime, the following should occur: (a)Assigned officers should promptly contact the victim, witness or reporting party to investigate the matter further, as circumstances may dictate. (b)A supervisor should be notified of the circumstances as soon as practicable. (c)Once the in-progress aspect of any such situation has been stabilized (e.g., treatment of victims or arrest of suspects at the scene), the assigned officers should take reasonable steps to preserve evidence that establishes a possible bias crime. (d)Based upon available information, officers should take appropriate action to mitigate further injury or damage to potential victims or the community. (e)Depending on the situation, the assigned officers or supervisor may request assistance from investigators or other resources. Jeffersonville Police Department Policy Manual Bias Crimes Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Bias Crimes - 139 (f)The assigned officers should interview available witnesses, victims and others to determine what circumstances, if any, indicate that the situation may involve a bias crime. (g)The assigned officers should make reasonable efforts to assist the victim by providing available information on local assistance programs and organizations as required by the Victim and Witness Assistance Policy. (h)The assigned officers should include all available evidence indicating the likelihood of a bias crime in the relevant reports. All related reports should be clearly marked “bias Crime” to enable identification for federal hate crime reporting. (i)The assigned officers and supervisor should take reasonable steps to ensure that any such situation does not escalate further and should provide information to the victim regarding legal aid (e.g., a Petition for a Temporary Protective Order) through the courts or City Attorney. 319.4.1 DETECTIVE DIVISION RESPONSIBILITIES If a bias crime case is assigned to the Detective Division, the assigned investigator will be responsible for: (a)Coordinating further investigation with the City Attorney and other appropriate law enforcement agencies. (b)Maintaining contact with the victim and other involved individuals, as needed. (c)Maintaining statistical data and tracking of suspected bias crimes, as indicated or required by state law. 319.5 TRAINING All members of this department should receive training on bias crime recognition and investigation. Policy 320 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Standards of Conduct - 140 Standards of Conduct 320.1 PURPOSE AND SCOPE This policy establishes standards of conduct that are consistent with the values and mission of the Jeffersonville Police Department and are expected of all department members. The standards contained in this policy are not intended to be an exhaustive list of requirements and prohibitions but they do identify many of the important matters concerning conduct. In addition to the provisions of this policy, members are subject to all other provisions contained in this manual, as well as any additional guidance on conduct that may be disseminated by this department or a member’s supervisors. 320.2 POLICY The continued employment or appointment of every member of this department shall be based on conduct that reasonably conforms to the guidelines set forth herein. Failure to meet the guidelines set forth in this policy, whether on- or off-duty, may be cause for disciplinary action. 320.3 DIRECTIVES AND ORDERS Members shall comply with lawful directives and orders from any department supervisor or person in a position of authority, absent a reasonable and bona fide justification. 320.3.1 UNLAWFUL OR CONFLICTING ORDERS Supervisors shall not knowingly issue orders or directives that, if carried out, would result in a violation of any law or department policy. Supervisors should not issue orders that conflict with any previous order without making reasonable clarification that the new order is intended to countermand the earlier order. No member is required to obey any order that appears to be in direct conflict with any federal law, state law or local ordinance. Following a known unlawful order is not a defense and does not relieve the member from criminal or civil prosecution or administrative discipline. If the legality of an order is in doubt, the affected member shall ask the issuing supervisor to clarify the order or shall confer with a higher authority. The responsibility for refusal to obey rests with the member, who shall subsequently be required to justify the refusal. Unless it would jeopardize the safety of any individual, members who are presented with a lawful order that is in conflict with a previous lawful order, department policy or other directive shall respectfully inform the issuing supervisor of the conflict. The issuing supervisor is responsible for either resolving the conflict or clarifying that the lawful order is intended to countermand the previous lawful order or directive, in which case the member is obliged to comply. Members who are compelled to follow a conflicting lawful order after having given the issuing supervisor the opportunity to correct the conflict will not be held accountable for disobedience of the lawful order or directive that was initially issued. Jeffersonville Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Standards of Conduct - 141 The person countermanding the original order shall notify, verbally or in writing, the person issuing the original order, indicating the action taken and the reason. 320.3.2 SUPERVISOR RESPONSIBILITIES Supervisors and managers are required to follow all policies and procedures and may be subject to discipline for: (a)Failure to be reasonably aware of the performance of their subordinates or to provide appropriate guidance and control. (b)Failure to promptly and fully report any known misconduct of a member to his/her immediate supervisor or to document such misconduct appropriately or as required by policy. (c)Directing a subordinate to violate a policy or directive, acquiescing to such a violation, or exhibiting indifference to such a violation. (d)Exercising unequal or disparate authority toward any member for malicious or other improper purpose. 320.4 GENERAL STANDARDS Members shall conduct themselves, whether on- or off-duty, in accordance with the United States and Indiana Constitutions and all applicable laws, ordinances and rules enacted or established pursuant to legal authority. Members shall familiarize themselves with policies and procedures and are responsible for compliance with each. Members should seek clarification and guidance from supervisors in the event of any perceived ambiguity or uncertainty. Discipline may be initiated for any good cause. It is not mandatory that a specific policy or rule violation be cited to sustain discipline. This policy is not intended to cover every possible type of misconduct. 320.5 CAUSES FOR DISCIPLINE The following are illustrative of causes for disciplinary action. This list is not intended to cover every possible type of misconduct and does not preclude the recommendation of disciplinary action for violation of other rules, standards, ethics and specific action or inaction that is detrimental to efficient department service. 320.5.1 LAWS, RULES AND ORDERS (a)Violation of, or ordering or instructing a subordinate to violate, any policy, procedure, rule, order, directive or requirement, or failure to follow instructions, contained in department or City manuals. (b)Disobedience of any legal directive or order issued by any department member of a higher command authority. (c)Violation of federal, state, local or administrative laws, rules or regulations. Jeffersonville Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Standards of Conduct - 142 320.5.2 ETHICS (a)Using or disclosing one's status as a member of the Jeffersonville Police Department in any way that could reasonably be perceived as an attempt to gain influence or authority for non- department business or activity. (b)The wrongful or unlawful exercise of authority on the part of any member for malicious purpose, personal gain, willful deceit or any other improper purpose. (c)The receipt or acceptance of a reward, fee or gift from any person for service incident to the performance of the member's duties (lawful subpoena fees and authorized work permits excepted). (d)Acceptance of fees, gifts or money contrary to the rules of this department and/or laws of the state. (e)Offer or acceptance of a bribe or gratuity. (f)Misappropriation or misuse of public funds, property, personnel or services. (g)Any other failure to abide by the standards of ethical conduct. 320.5.3 DISCRIMINATION, OPPRESSION OR FAVORITISM Discriminating against, oppressing or providing favoritism to any person because of age, race, color, creed, religion, sex, sexual orientation, gender identity or expression, national origin, ancestry, marital status, physical or mental disability, medical condition or other classification protected by law, or intentionally denying or impeding another in the exercise or enjoyment of any right, privilege, power or immunity, knowing the conduct is unlawful. 320.5.4 RELATIONSHIPS (a)Unwelcome solicitation of a personal or sexual relationship while on-duty or through the use of one's official capacity. (b)Engaging in on-duty sexual activity including, but not limited to, sexual intercourse, excessive displays of public affection or other sexual contact. (c)Establishing or maintaining an inappropriate personal or financial relationship, as a result of an investigation, with a known victim, witness, suspect or defendant while a case is being investigated or prosecuted, or as a direct result of any official contact. (d)Associating with or joining a criminal gang, organized crime and/or criminal syndicate when the member knows or reasonably should know of the criminal nature of the organization. This includes any organization involved in a definable criminal activity or enterprise, except as specifically directed and authorized by this department. (e)Associating on a personal, rather than official, basis to include any and all social forums with persons who demonstrate recurring involvement in serious violations of state or federal laws after the member knows, or reasonably should know of, such criminal activities, except as specifically directed and authorized by this department. Jeffersonville Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Standards of Conduct - 143 320.5.5 ATTENDANCE (a)Leaving the job to which the member is assigned during duty hours without reasonable excuse and proper permission and approval. (b)Unexcused or unauthorized absence or tardiness. (c)Excessive absenteeism or abuse of leave privileges. (d)Failure to report to work or to place of assignment at time specified and fully prepared to perform duties without reasonable excuse. 320.5.6 UNAUTHORIZED ACCESS, DISCLOSURE OR USE (a)Unauthorized and inappropriate intentional release of confidential or protected information, materials, data, forms or reports obtained as a result of the member's position with this department. (b)Disclosing to any unauthorized person any active investigation information. (c)The use of any information, photograph, video or other recording obtained or accessed as a result of employment or appointment to this department for personal or financial gain or without the express authorization of the Chief of Police or the authorized designee. (d)Loaning, selling, allowing unauthorized use, giving away or appropriating any Jeffersonville Police Department badge, uniform, identification card or department property for personal use, personal gain or any other improper or unauthorized use or purpose. (e)Using department resources in association with any portion of an independent civil action. These resources include, but are not limited to, personnel, vehicles, equipment and non- subpoenaed records. (f)The use of any information, photography, video or other recording obtained or accessed as a result of employment to this department to harm the reputation or cause embarassment to any person is prohibited. 320.5.7 EFFICIENCY (a)Neglect of duty. (b)Unsatisfactory work performance including, but not limited to, failure, incompetence, inefficiency or delay in performing and/or carrying out proper orders, work assignments or the instructions of supervisors without a reasonable and bona fide excuse. (c)Concealing, attempting to conceal, removing or destroying defective or incompetent work. (d)Unauthorized sleeping during on-duty time or assignments. (e)Failure to notify the Department within 24 hours of any change in residence address, contact telephone numbers or emergency contacts. 320.5.8 PERFORMANCE (a)Failure to disclose or misrepresenting material facts, or making any false or misleading statement on any application, examination form, or other official document, report or form, or during the course of any work-related investigation. Jeffersonville Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Standards of Conduct - 144 (b)The falsification of any work-related records, making misleading entries or statements with the intent to deceive, or the willful and unauthorized removal, alteration, destruction and/or mutilation of any department record, public record, book, paper or document. (c)Failure to participate in investigations, or giving false or misleading statements, or misrepresenting or omitting material information to a supervisor or other person in a position of authority, in connection with any investigation or in the reporting of any department-related business. (d)Being untruthful or knowingly making false, misleading or malicious statements that are reasonably calculated to harm the reputation, authority or official standing of this department or its members. (e)Disparaging remarks or conduct concerning duly constituted authority to the extent that such conduct disrupts the efficiency of this department or subverts the good order, efficiency and discipline of this department or that would tend to discredit any of its members. (f)Unlawful gambling or unlawful betting at any time or any place. Legal gambling or betting under any of the following conditions: 1.While on department premises. 2.At any work site, while on-duty or while in uniform, or while using any department equipment or system. 3.Gambling activity undertaken as part of an officer's official duties and with the express knowledge and permission of a direct supervisor is exempt from this prohibition. (g)Improper political activity including: 1.Unauthorized attendance while on-duty at official legislative or political sessions. 2.Solicitations, speeches or distribution of campaign literature for or against any political candidate or position while on-duty, on department property or while in any way representing him/herself as a member of this department, except as expressly authorized by City policy, the collective bargaining agreement or the Chief of Police. (h)Engaging in political activities during assigned working hours except as expressly authorized by City policy, the collective bargaining agreement, or the Chief of Police. (i)Any act on- or off-duty that brings discredit to this department. 320.5.9 CONDUCT (a)Failure of any member to promptly and fully report activities on his/her part or the part of any other member where such activities resulted in contact with any other law enforcement agency or that may result in criminal prosecution or discipline under this policy. (b)Unreasonable and unwarranted force to a person encountered or a person under arrest. (c)Exceeding lawful peace officer powers by unreasonable, unlawful or excessive conduct. (d)Unauthorized or unlawful fighting, threatening or attempting to inflict unlawful bodily harm on another. (e)Engaging in horseplay that reasonably could result in injury or property damage. Jeffersonville Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Standards of Conduct - 145 (f)Discourteous, disrespectful or discriminatory treatment of any member of the public or any member of this department or the City. (g)Use of obscene, indecent, profane or derogatory language while on-duty or in uniform. (h)Criminal, dishonest or disgraceful conduct, whether on- or off-duty, that adversely affects the member’s relationship with this department. (i)Unauthorized possession of, loss of or damage to department property or the property of others, or endangering it through carelessness or maliciousness. (j)Attempted or actual theft of department property; misappropriation or misuse of public funds, property, personnel or the services or property of others; unauthorized removal or possession of department property or the property of another person. (k)Activity that is incompatible with a member’s conditions of employment or appointment as established by law or that violates a provision of any collective bargaining agreement including fraud in securing the appointment or hire. (l)Initiating any civil action for recovery of any damages or injuries incurred in the course and scope of employment or appointment without first notifying the Chief of Police of such action. (m)Any other on- or off-duty conduct which any member knows or reasonably should know is unbecoming a member of this department, is contrary to good order, efficiency or morale, or tends to reflect unfavorably upon this department or its members. 320.5.10 SAFETY (a)Failure to observe or violating department safety standards or safe working practices. (b)Failure to maintain current licenses or certifications required for the assignment or position (e.g., driver’s license, first aid). (c)Failure to maintain good physical condition sufficient to adequately and safely perform law enforcement duties. (d)Unsafe firearm or other dangerous weapon handling. including loading or unloading firearms in an unsafe manner, either on- or off-duty. (e)Carrying, while on the premises of the work site, any firearm or other lethal weapon that is not authorized by the member’s appointing authority. (f)Unsafe or improper driving habits or actions in the course of employment or appointment. (g)Any personal action contributing to a preventable traffic accident. (h)Concealing or knowingly failing to report any on-the-job or work-related accident or injury as soon as practicable but within 24 hours. 320.5.11 INTOXICANTS (a)Reporting for work or being at work while intoxicated or when the member’s ability to perform assigned duties is impaired due to the use of alcohol, medication or drugs, whether legal, prescribed or illegal. Jeffersonville Police Department Policy Manual Standards of Conduct Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Standards of Conduct - 146 (b)Possession or use of alcohol at any work site or while on-duty, except as authorized in the performance of an official assignment. A member who is authorized to consume alcohol is not permitted to do so to such a degree that it may impair on-duty performance. (c)Unauthorized possession, use of or attempting to bring a controlled substance, illegal drug or non-prescribed medication to any work site. Policy 321 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Information Technology Use - 147 Information Technology Use 321.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the proper use of department information technology resources, including computers, electronic devices, hardware, software and systems. 321.1.1 DEFINITIONS Definitions related to this policy include: Computer system - All computers (on-site and portable), electronic devices, hardware, software, and resources owned, leased, rented or licensed by the Jeffersonville Police Department that are provided for official use by its members. This includes all access to, and use of, Internet Service Providers (ISP) or other service providers provided by or through the Department or department funding. Hardware - Includes, but is not limited to, computers, computer terminals, network equipment, electronic devices, telephones (including cellular and satellite), pagers, modems or any other tangible computer device generally understood to comprise hardware. Software - Includes, but is not limited to, all computer programs, systems and applications, including shareware. This does not include files created by the individual user. Temporary file, permanent file or file - Any electronic document, information or data residing or located, in whole or in part, on the system including, but not limited to, spreadsheets, calendar entries, appointments, tasks, notes, letters, reports, messages, photographs or videos. 321.2 POLICY It is the policy of the Jeffersonville Police Department that members shall use information technology resources, including computers, software and systems, that are issued or maintained by the Department in a professional manner and in accordance with this policy. 321.3 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to emails, texts or anything published, shared, transmitted or maintained through file-sharing software or any Internet site that is accessed, transmitted, received or reviewed on any department computer system. The Department reserves the right to access, audit and disclose, for whatever reason, any message, including attachments, and any information accessed, transmitted, received or reviewed over any technology that is issued or maintained by the Department, including the department email system, computer network and/or any information placed into storage on any department system or device. This includes records of all key strokes or Web-browsing history made at any department computer or over any department network. The fact that access to a database, service or website requires a username or password will not create an expectation of privacy if it is accessed through department computers, electronic devices or networks. Jeffersonville Police Department Policy Manual Information Technology Use Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Information Technology Use - 148 321.4 RESTRICTED USE Members shall not access computers, devices, software or systems for which they have not received prior authorization or the required training. Members shall immediately report unauthorized access or use of computers, devices, software or systems by another member to their supervisors or Uniform Patrol Commanders. Members shall not use another person’s access passwords, logon information and other individual security data, protocols and procedures unless directed to do so by a supervisor. 321.4.1 SOFTWARE Members shall not copy or duplicate any copyrighted or licensed software except for a single copy for backup purposes, in accordance with the software company’s copyright and license agreement. To reduce the risk of a computer virus or malicious software, members shall not install any unlicensed or unauthorized software on any department computer. Members shall not install personal copies of any software on any department computer. When related to criminal investigations, software program files may be downloaded only with the approval of the information systems technology (IT) staff and with the authorization of the Chief of Police or the authorized designee. No member shall knowingly make, acquire or use unauthorized copies of computer software that is not licensed to the Department while on department premises, computer systems or electronic devices. Such unauthorized use of software exposes the Department and involved members to severe civil and criminal penalties. Introduction of software by members should only occur as a part of the automated maintenance or update process of department- or City-approved or installed programs by the original manufacturer, producer or developer of the software. Any other introduction of software requires prior authorization from IT staff and a full scan for malicious attachments. 321.4.2 HARDWARE Access to technology resources provided by or through the Department shall be strictly limited to department-related activities. Data stored on or available through department computer systems shall only be accessed by authorized members who are engaged in an active investigation or assisting in an active investigation, or who otherwise have a legitimate law enforcement or department-related purpose to access such data. Any exceptions to this policy must be approved by a supervisor. 321.4.3 INTERNET USE Internet access provided by or through the Department shall be strictly limited to department- related activities. Internet sites containing information that is not appropriate or applicable to department use and which shall not be intentionally accessed include, but are not limited to, adult forums, pornography, gambling, chat rooms, and similar or related Internet sites. Certain Jeffersonville Police Department Policy Manual Information Technology Use Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Information Technology Use - 149 exceptions may be permitted with the express approval of a supervisor as a function of a member’s assignment. Downloaded information from the Internet shall be limited to messages, mail and data files. 321.4.4 OFF-DUTY USE Members shall only use technology resources provided by the Department while on-duty or in conjunction with specific on-call assignments unless specifically authorized by a supervisor. This includes the use of telephones, cell phones, texting, email or any other off-the-clock work-related activities. This also applies to personally owned devices that are used to access department resources. Refer to the Personal Communication Devices Policy for guidelines regarding off-duty use of personally owned technology. 321.5 PROTECTION OF SYSTEMS AND FILES All members have a duty to protect the computer system and related systems and devices from physical and environmental damage and are responsible for the correct use, operation, care and maintenance of the computer system. Members shall ensure department computers and access terminals are not viewable by persons who are not authorized users. Computers and terminals should be secured, users logged off and password protections enabled whenever the user is not present. Access passwords, logon information and other individual security data, protocols and procedures are confidential information and are not to be shared. Password length, format, structure and content shall meet the prescribed standards required by the computer system or as directed by a supervisor and shall be changed at intervals as directed by IT staff or a supervisor. It is prohibited for a member to allow an unauthorized user to access the computer system at any time or for any reason. Members shall promptly report any unauthorized access to the computer system or suspected intrusion from outside sources (including the Internet) to a supervisor. 321.6 INSPECTION AND REVIEW A supervisor or the authorized designee has the express authority to inspect or review the computer system, all temporary or permanent files, related electronic systems or devices, and any contents thereof, whether such inspection or review is in the ordinary course of his/her supervisory duties or based on cause. Reasons for inspection or review may include, but are not limited to, computer system malfunctions, problems or general computer system failure, a lawsuit against the Department involving one of its members or a member's duties, an alleged or suspected violation of any department policy, a request for disclosure of data, or a need to perform or provide a service. The IT staff may extract, download, or otherwise obtain any and all temporary or permanent files residing or located in or on the department computer system when requested by a supervisor or during the course of regular duties that require such information. Jeffersonville Police Department Policy Manual Information Technology Use Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Information Technology Use - 150 Policy 322 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Department Use of Social Media - 151 Department Use of Social Media 322.1 PURPOSE The department endorses the secure use of social media to enhance communication, collaboration, and information exchange; streamline processes; and foster productivity. This policy establishes this department’s position on the utility and management of social media and provides guidance on its management, administration, and oversight. This policy is not meant to address one particular form of social media, rather social media in general, as advances in technology will occur and new tools will emerge. 322.2 POLICY Social media provides a new and potentially valuable means of assisting the department and its personnel in meeting community outreach, problem solving, investigative, crime prevention, and related objectives. This policy identifies potential uses that may be explored or expanded upon as deemed reasonable by administrative and supervisory personnel. The department also recognizes the role that these tools play in the personal lives of some department personnel. The personal use of social media can have bearing on departmental personnel in their official capacity. As such, this policy provides informational of a precautionary mature as well as prohibitions on the uses of social media by department personnel. 322.3 DEFINITION (a)Blog - A self-published diary or commentary on a particular topic that may allow visitors to post responses, reactions, or comments. The term is short for “Web log”. (b)Page - The specific portion of a social media website where content is displayed, and managed by an individual or individuals with administrator rights. (c)Post - Content an individual shares on a social media site or the act of publishing content on a site. (d)Profile - Information that a user provides about himself or herself on a social networking site. (e)Social Media - A category of Internet-based resources that integrate user-generated content and user participation. This includes, but is not limited to, social networking sites (Facebook, MySpace), microblogging sites (Twitter, Nixel), photo-and video-sharing site (Flickr, YouTube), wikis (Wikipedia), blogs, and news sites (Digg, Reddit). (f)Social Networks - Online platforms where users can create profiles, share information, and socialize with others using a range of technologies. (g)Speech - Expression or communication of thoughts or opinions in spoken words, in writing, by expressive conduct, symbolism, photographs, videotape, or related forms of communication. (h)Web 2.0 - The second generation of the World Wide Web focused on shareable, user- generated content, rather than static web pages. Some use this term interchangeably with social media. Jeffersonville Police Department Policy Manual Department Use of Social Media Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Department Use of Social Media - 152 (i)Wiki - Web Page(s) that can be edited collaboratively. 322.4 ON-THE-JOB-USE (a)Department-Sanctioned Presence 1.Determine strategy (a)Where possible, each social media page shall include an introductory statement that clearly specifies the purpose and scope of the agency’s presence on the website. (b)Where possible, the page(s) should link to the department’s official website. (c)Social media page(s) shall be designed for the target audience(s) such as youth or potential police recruits. 2.Procedures (a)All department social media sites or pages shall be approved by the chief executive or his or her designee and shall be administered by the departmental information services sections or as otherwise determined. (b)Where possible, social media pages shall clearly indicate they are maintained by the department and shall have department contact information prominently displayed. (c)Social media content shall adhere to applicable laws, regulations, and policies, including all information technology and records management policies. (d)Content is subject to the public records laws. Relevant records retention schedules apply to social media content. (e)Content must be managed, stored, and retrieved to comply with open records laws and e-discovery laws and policies. (f)Where possible, social media pages should state that the opinions expressed by visitors to the page(s) do not reflect the opinions of the department. 1.Pages shall clearly indicate that posted comments will be monitored and the department reserves the right to remove obscenities, off-topic comments and personal attacks. 2.Pages shall clearly indicate any content posted or submitted for posting is subject to public disclosure. 3.Department-Sanctioned Use (a)Department personnel representing the department via social media outlets shall do the following: 1.Conduct themselves at all times as representatives of the department and, accordingly, shall adhere to all departmental standards of conduct and observe conventionally accepted protocols and proper decorum. Jeffersonville Police Department Policy Manual Department Use of Social Media Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Department Use of Social Media - 153 2.Identify themselves as a member of the department. 3.Not make statements about the guilt or innocence of any suspect or arrestee, or comments concerning pending prosecutions, nor post, transmit, or otherwise disseminate confidential information, including photographs or videos, related to department training, activities, or work-related assignments without express written permission. 4.Not conduct political activities or private business. 5.The use of department computers by departmental personnel to access social media is prohibited without authorization. 6.Department personnel use of personnally owned devices to manage the department's social media activities or in the course of official duties is prohibited without express written permission. 7.Employees shall observe and abide by all copyright, trademark and service mark restrictions in posting materials to electronic media. (b)Potential Uses 1.Social media is a valuable investigative tool when seeking evidence or information about: (a)missing persons; (b)wanted persons; (c)gang participation (d)crimes perpetrated online (i.e., cyberbullying, cyberstalking);and (e)photos or videos of a crimes posted by participant or observer. 2.Social media can be used for community outreach and engagement by (a)providing crime prevention tips; (b)offering online-reporting opportunities; (c)sharing crime maps and data; and (d)soliciting tips about unsolved crimes (i.e., Crimestoppers, test-a-tip). 3.Social media can be used to make time-sensitive notifications related to (a)road closures, (b)special events, (c)weather emergencies, and (d)missing or endangered persons. 4.Persons seeking employment and volunteer positions use the Internet to search for opportunities, and social media can be a valuable recruitment mechanism. 5.This department has an obligation to include Internet-based content when conducting background investigations of job candidates. Jeffersonville Police Department Policy Manual Department Use of Social Media Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Department Use of Social Media - 154 6.Searches should be conducted by a non-decision maker. Information pertaining to protected classes shall be filtered out prior to sharing any information found online with decision makers. 7.Persons authorized to search Internet-based content should be deemed as holding a sensitive position. 8.Search method shall not involve techniques that are a violation of existing law. 9.Vetting techniques shall be applied uniformly to all candidates. 10.Every effort must be made to validate Internet-based information considered during the hiring process. 322.5 PERSONAL USE Precautions and Prohibitions Barring state law or binding employment contracts to the contrary, department personnel shall abide by the following when using social media. (a)Department personnel are free to express themselves as private citizens on social media site to the degree that their speech does not impair working relationships of this department for which loyalty and confidentiality are important, impede the performance of duties, impair discipline and harmony among coworkers or negatively affect the public perception of the department. (b) As public employees, department personnel are cautioned that speech on-or off-duty, made pursuant to their official duties-that is, that owes its existence to the employee’s professional duties and responsibilities-is not protected speech under the First Amendment and may form the basis for discipline if deemed detrimental to the department. Department personnel should assume that their speech and related activity on social media sites will reflect upon their office and this department. (c) Department personnel shall not post, transmit, or otherwise disseminate any information to which they have access as a result of their employment without written permission from the chief executive or his or her designee. (d) For safety and security reasons, department personnel are cautioned not to disclose their employment with this department nor shall they post information pertaining to any other member of the department without their permission. As such, department personnel are cautioned not to do the following: 1.Display department logos, uniforms, or similar identifying items on personal web pages. 2.Post personal photographs or provide similar means of personal recognition that may cause them to be identified as a police officer of this department. Officers who are, or who may reasonably be expected to work in undercover operations, shall not post any form of visual or personal identification. (e)When using social media, department personnel should be mindful that their speech becomes part of the worldwide electronic domain. Therefore, adherence to the department’s code of conduct is required in the personal use of social media. In particular, department personnel are prohibited from the following: Jeffersonville Police Department Policy Manual Department Use of Social Media Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Department Use of Social Media - 155 1.Speech containing, obscene or sexually explicit language, images, or acts and statements or other forms of speech that ridicule, malign, disparage, or otherwise express bias against any race, any religion, or any protected class of individual. 2.Speech involving themselves or other department personnel reflecting behavior that would reasonably be considered reckless or irresponsible. (f)Engaging in prohibited speech noted herein, may provide grounds for undermining or impeaching an officer’s testimony in criminal proceedings. Department personnel thus sanctioned are subject to discipline up to and including termination of office. (g)Department personnel may not divulge information gained by reason of their authority; make any statements, speeches, appearances, and endorsements; or publish material that could reasonably be considered to represent the views of positions of this department without express authorization. (h)Department personnel should be aware that they may be subject to civil litigation for 1.Publishing or posting false information that harms the reputation of another person, group, or organization(defamation); 2.Publishing or posting private facts and personal information about someone without their permission that has not been previously revealed to the public, is not of legitimate public concern, and would be offensive to a reasonable person; 3.Using someone else’s name, likeness, or other personal attributes without that person’s permission for an exploitative purpose; or 4.Publishing the creative work of another, trademarks, or certain confidential business information without the permission of the owner. (i)Department personnel should be aware that privacy settings and social media sites are constantly in flux, and they should never assume that personal information posted on such sites is protected. (j)Department personnel should expect that any information created, transmitted, downloaded, exchanged, or discussed in a public online forum may be accessed by the department at any time without prior notice. (k)Reporting violations-Any employee becoming aware of or having knowledge of a posting or of any website or web page in violation of the provision of this policy shall notify his or her supervisor immediately for follow-up action. Policy 323 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Report Preparation - 156 Report Preparation 323.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to those members of the Department who complete investigations and reports as a part of their duties. 323.2 POLICY It is the policy of the Jeffersonville Police Department that members shall act with promptness and efficiency in the preparation and processing of all reports. Reports shall document sufficient information to refresh the member’s memory and shall provide enough detail for follow-up investigation and successful prosecution. 323.3 EXPEDITIOUS REPORTING An incomplete report, unorganized reports or reports that are delayed without supervisory approval are not acceptable. Reports shall be processed according to established priorities or to a special priority made necessary under exceptional circumstances. 323.4 REPORT PREPARATION Reports should be sufficiently detailed for their purpose and free from errors prior to submission and approval. It is the responsibility of the member to complete and submit all reports taken during the shift before going off-duty unless permission to hold the report has been approved by a supervisor. Generally, reports requiring prompt follow-up action on active leads or arrest reports where the suspect remains in custody should not be held. All reports shall accurately reflect the identity of the persons involved; all pertinent information seen, heard or assimilated by any other sense; and any actions taken. Members shall not suppress, conceal or distort the facts of any reported incident, nor shall any member make a false report orally or in writing. Generally, the reporting member’s opinions should not be included in reports unless specifically identified as such. 323.5 REQUIRED REPORTING In all of the following situations, members shall complete reports using the appropriate department- approved forms and reporting methods, unless otherwise approved by a supervisor. The reporting requirements are not intended to be all-inclusive. A member may complete a report if he/she deems it necessary or as directed by a supervisor. 323.5.1 CRIMINAL ACTIVITY When a member responds to a call for service, or as a result of self-initiated activity becomes aware of any activity where a crime has occurred, the member shall document the incident regardless of whether a victim desires prosecution. Activity to be documented in a written report includes: Jeffersonville Police Department Policy Manual Report Preparation Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Report Preparation - 157 (a)All arrests (b)All felony crimes (c)Incidents involving criminal threats, terrorist threats, and stalking. (d)Situations covered by separate policy. These include but not limited to: 1.Use of Force Policy 2.Domestic or Family Violence Policy 3.Child Abuse Policy 4.Adult Abuse Policy 5.Hate Crimes Policy 6.Suspicious Activity Reporting Policy (e)All misdemeanor crimes where the victim desires a report. Misdemeanor crimes where the victim does not desire a report shall be documented using the department-approved alternative reporting method (for example, a dispatch log). 323.5.2 NON-CRIMINAL ACTIVITY Non-criminal activity to be documented includes but not limited to: (a)Any found property or found evidence. (b)All protective custody and welfare detentions. (c)Any time a person is reported missing, regardless of jurisdiction (see the Missing Persons Policy). (d)Suspicious incidents that may indicate a potential for crimes against children or that a child’s safety is in jeopardy. (e)Suspicious incidents that may place the public or others at risk. (f)Any use of force by officers of this department against any person (see the Use of Force Policy). (g)Any firearm discharge (see the Firearms Policy). (h)Any time a officer points a firearm at any person. (i)Any traffic accidents above the minimum reporting level (see the Traffic Accidents Policy). (j)Whenever the officer believes the circumstances should be documented or at the direction of a supervisor. 323.5.3 MISCELLANEOUS INJURIES Any injury that is reported to this department shall require a report when: Jeffersonville Police Department Policy Manual Report Preparation Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Report Preparation - 158 (a)The injury is a result of drug overdose. (b)There is an attempted suicide. (c)The injury is major or serious, and potentially fatal. (d)The circumstances surrounding the incident are suspicious in nature and it is desirable to document the event. 323.5.4 DEATHS Death investigations require specific investigation methods, depending on the circumstances. They should be handled in accordance with the Death Investigation Policy. The handling officer should notify and apprise a supervisor of the circumstances surrounding the incident to determine how to proceed. The following incidents shall be appropriately investigated and documented: (a)Unattended deaths (no physician or qualified hospice care during the period preceding death) (b)Sudden, accidental or suspicious deaths (c)Suicides (d)Homicide or suspected homicide (e)Found dead bodies or body parts 323.5.5 CITY PERSONNEL OR PROPERTY Incidents involving City personnel or property shall require a report when: (a)An injury occurs as the result of an act of a City employee or on City property. (b)There is damage to City property or equipment. 323.6 ALTERNATIVE REPORTING FOR VICTIMS Reports that may be submitted by the public via online or other self-completed reporting processes include: (a)Lost property. (b)Misdemeanor thefts of property, other than firearms or materials threatening to public safety, when there is no suspect information or serial number or ability to trace the item. 1.Misdemeanor thefts of cellular telephones may be reported even though they have a serial number. (c)Misdemeanor vandalism with no suspect information and no hate crime implications. (d)Vehicle break-ins with no suspect information or evidence. (e)Annoying telephone calls with no suspect information. (f)Online or email fraud solicitations without an identifiable suspect and if the financial loss classifies the crime as a misdemeanor. Jeffersonville Police Department Policy Manual Report Preparation Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Report Preparation - 159 Officers at the scene of one of the above incidents should not refer the reporting party to any alternative means of reporting without authorization from a supervisor. Officers may refer victims to online victim assistance programs (e.g., the Federal Communications Commission (FCC) website for identity theft; the Internet Crime Complaint Center (IC3) website for computer crimes). 323.7 REVIEW AND CORRECTIONS Supervisors shall review reports for content and accuracy. If a correction is necessary, the reviewing supervisor reject the form, returning it to the original reporting officer stating the reason(s) for rejection. The original report should be returned to the reporting officer for correction as soon as practicable. It shall be the responsibility of the originating officer to ensure that any report returned for correction is processed in a timely manner. 323.7.1 CHANGES AND ALTERATIONS Reports that have been approved by a supervisor and submitted to the Records Division for filing and distribution shall not be modified or altered except by way of a supplemental report. Reviewed reports that have not yet been submitted to the Records Division may be corrected or modified by the authoring member only with the knowledge and authorization of the reviewing supervisor. Policy 324 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Media Relations - 160 Media Relations 324.1 PURPOSE AND SCOPE This policy provides guidelines for the release of official department information to the media. It also addresses coordinating media access to scenes of disasters, criminal investigations, emergencies and other law enforcement activities. 324.2 POLICY It is the policy of the Jeffersonville Police Department to protect the privacy rights of individuals when releasing non-confidential information to the media regarding topics of public concern. Information that has the potential to negatively affect investigations will not be released. 324.3 RESPONSIBILITIES The ultimate authority and responsibility for the release of information to the media shall remain with the Chief of Police. In situations not warranting immediate notice to the Chief of Police and in situations where the Chief of Police has given prior approval, Assistant Chiefs, Uniform Patrol Commanders and designated Public Information Officers (PIOs) may prepare and release information to the media in accordance with this policy and applicable laws regarding confidentiality. 324.4 PROVIDING ADVANCE INFORMATION To protect the safety and rights of department members and other persons, advance information about planned actions by law enforcement personnel, such as movement of persons in custody or the execution of an arrest or search warrant, should not be disclosed to the media, nor should media representatives be invited to be present at such actions except with the prior approval of the Chief of Police. Any exceptions to the above should only be considered for the furtherance of legitimate law enforcement purposes. Prior to approving any exception, the Chief of Police will consider, at a minimum, whether the release of information or the presence of the media would unreasonably endanger any individual or prejudice the rights of any person or is otherwise prohibited by law. 324.5 MEDIA REQUESTS Any media request for information or access to a law enforcement incident shall be referred to the PIO. Prior to releasing any information to the media, members shall consider the following: (a)At no time shall any member of this department make any comment or release any official information to the media without prior approval from the administrative staff. (b)In situations involving multiple agencies or government departments, every reasonable effort should be made to coordinate media releases with the authorized representative of each involved agency prior to the release of any information by this department. Jeffersonville Police Department Policy Manual Media Relations Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Media Relations - 161 (c)Under no circumstance should any member of this department make any comment to the media regarding any law enforcement incident not involving this department without prior approval of the Chief of Police. Under these circumstances the member should direct the media to the agency handling the incident. 324.6 ACCESS Authorized media representatives shall be provided access to scenes of disasters, criminal investigations, emergencies and other law enforcement activities as required by law. Access by the media is subject to the following conditions: (a)The media representative shall produce valid media credentials that shall be prominently displayed at all times while in areas otherwise closed to the public. (b)Media representatives should be prevented from interfering and may be removed for interfering with emergency operations and criminal investigations. 1.Based upon available resources, reasonable effort should be made to provide a safe staging area for the media that is near the incident and that will not interfere with emergency or criminal investigation operations. All information released to the media should be coordinated through the PIO or other designated spokesperson. (c)Media interviews with individuals who are in custody should not be permitted without the approval of the Chief of Police and the express written consent of the person in custody. (d)No member of this department who is under investigation shall be subjected to media visits or interviews without the consent of the involved member. 324.6.1 CRITICAL OPERATIONS A critical incident or tactical operation should be handled in the same manner as a crime scene, except the media should not be permitted within the inner perimeter of the incident, subject to any restrictions as determined by the supervisor in charge. Department members shall not jeopardize a critical incident or tactical operation in order to accommodate the media. All comments to the media shall be coordinated through the PIO, or the administrative staff. 324.6.2 TEMPORARY FLIGHT RESTRICTIONS Whenever the presence of media or other aircraft pose a threat to public or member safety or significantly hamper incident operations, the incident commander should consider requesting a Temporary Flight Restriction (TFR). All requests for a TFR should be routed through the Incident Commander The TFR request should include specific information regarding the perimeter and altitude necessary for the incident and should be requested through the appropriate control tower. If the control tower is not known, the Federal Aviation Administration (FAA) should be contacted (14 CFR 91.137). Jeffersonville Police Department Policy Manual Media Relations Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Media Relations - 162 324.7 CONFIDENTIAL OR RESTRICTED INFORMATION It shall be the responsibility of the PIO to ensure that confidential or restricted information is not inappropriately released to the media (see the Records Maintenance and Release and Personnel Records policies). When in doubt, authorized and available legal counsel should be consulted prior to releasing any information. 324.7.1 EMPLOYEE INFORMATION The identities of officers involved in shootings or other critical incidents may only be released to the media upon the consent of the involved officer or upon a formal request filed. Any requests for copies of related reports or additional information not contained in the information log (see the Information Log section in this policy), including the identity of officers involved in shootings or other critical incidents, shall be referred to the PIO, and /or administrative staff. Requests should be reviewed and fulfilled by the Chief of Police C or the authorized designee. Such requests will be processed in accordance with the provisions of the Records Maintenance and Release Policy and the Indiana Public Records Act (I.C. § 5-14-3-1 et seq.). 324.8 RELEASE OF INFORMATION The Department may routinely release information to the media without receiving a specific request. This may include media releases regarding critical incidents, information of public concern, updates regarding significant incidents or requests for public assistance in solving crimes or identifying suspects. This information may also be released through the department website or other electronic data sources. 324.8.1 INFORMATION LOG The Department will maintain a daily information log of significant law enforcement activities. Log entries shall only contain information that is deemed public information and not restricted or confidential by this policy or applicable law. Upon request, the log entries shall be made available to media representatives through the Records Division Commander. The daily information log will generally include: (a)The date, time, location, case number, type of crime, extent of injury or loss, and names of individuals involved in crimes occurring within this jurisdiction, unless the release of such information would endanger the safety of any individual or jeopardize the successful completion of any ongoing investigation, or the information is confidential (e.g., juveniles or certain victims). (b)The date, time, location, case number, name, birth date and charges for each person arrested by this department, unless the release of such information would endanger the safety of any individual or jeopardize the successful completion of any ongoing investigation, or the information is confidential (e.g., juveniles). (c)The time and location of other significant law enforcement activities or requests for service with a brief summary of the incident. Policy 325 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Subpoenas and Court Appearances - 163 Subpoenas and Court Appearances 325.1 PURPOSE AND SCOPE This policy establishes the guidelines for department members who must appear in court. It will allow the Jeffersonville Police Department to cover any related work absences and keep the Department informed about relevant legal matters. 325.2 POLICY Jeffersonville Police Department members will respond appropriately to all subpoenas and any other court-ordered appearances. 325.3 SUBPOENAS Only department members authorized to receive a subpoena on behalf of this department or any of its members may do so. 325.3.1 SPECIAL NOTIFICATION REQUIREMENTS Any member who is subpoenaed to testify, agrees to testify or provides information on behalf or at the request of any party other than the City Attorney or the prosecutor shall notify his/her immediate supervisor without delay regarding: (a)Any civil case where the City or one of its members, as a result of his/her official capacity, is a party. (b)Any civil case where any other city, county, state or federal unit of government or a member of any such unit of government, as a result of his/her official capacity, is a party. (c)Any criminal proceeding where the member is called to testify or provide information on behalf of the defense. (d)Any civil action stemming from the member’s on-duty activity or because of his/her association with the Jeffersonville Police Department. (e)Any personnel or disciplinary matter when called to testify or to provide information by a government entity other than the Jeffersonville Police Department. The supervisor will then notify the Chief of Police and the appropriate prosecuting attorney as may be indicated by the case. The Chief of Police should determine if additional legal support is necessary. No member shall be retaliated against for testifying in any matter. 325.3.2 CIVIL SUBPOENA The Department will compensate members who appear in their official capacities on civil matters arising out of their official duties, as directed by the current collective bargaining agreement. The Department should seek reimbursement for the member’s compensation through the civil attorney of record who subpoenaed the member. Jeffersonville Police Department Policy Manual Subpoenas and Court Appearances Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Subpoenas and Court Appearances - 164 325.3.3 OFF-DUTY RELATED SUBPOENAS Members receiving valid subpoenas for off-duty actions not related to their employment or appointment will not be compensated for their appearance. Arrangements for time off shall be coordinated through their immediate supervisors. 325.4 FAILURE TO APPEAR Any member who fails to comply with the terms of any properly served subpoena or court-ordered appearance may be subject to discipline. This includes properly served orders to appear that were issued by a state administrative agency. 325.5 STANDBY To facilitate standby agreements, members are required to provide and maintain current information on their addresses and contact telephone numbers with the Department. If a member on standby changes his/her location during the day, the member shall notify the designated department member of how he/she can be reached. Members are required to remain on standby until released by the court or the party that issued the subpoena. 325.6 COURTROOM PROTOCOL Members must be punctual when appearing in court and shall be prepared to proceed immediately with the case for which they are scheduled to appear. Members shall dress in the department uniform or business attire. Tattoos or other body art shall be concealed for all scheduled court appearances while representing the Jeffersonville Police Department in any official capacity. Members shall observe all rules of the court in which they are appearing and shall remain alert to changes in the assigned courtroom where their matter is to be heard. 325.6.1 TESTIMONY Before the date of testifying, the subpoenaed member shall request a copy of relevant reports and become familiar with the content in order to be prepared for court. 325.7 OVERTIME APPEARANCES When a member appears in court on his/her off-duty time, he/she will be compensated in accordance with the current collective bargaining agreement. Policy 326 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Outside Agency Assistance - 165 Outside Agency Assistance 326.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to members when requesting or responding to a request for mutual aid or when assisting another law enforcement agency. 326.2 POLICY It is the policy of the Jeffersonville Police Department to promptly respond to requests for assistance by other law enforcement agencies, subject to available resources and consistent with the applicable laws and policies of this department. 326.3 ASSISTING OUTSIDE AGENCIES Generally, requests for any type of assistance from another agency should be routed to the Chief of Police and/or designee for approval. In some instances, a collective bargaining agreement or other established protocol may exist that eliminates the need for approval of individual requests. When another law enforcement agency requests assistance from this department, the Chief of Police and/or designee may authorize, if available, an appropriate number of personnel to assist. Members are reminded that their actions when rendering assistance must conform with applicable laws and be consistent with the policies of this department. Officers may respond to a request for emergency assistance; however, they shall notify the on- duty supervisor of their activity as soon as practicable. Arrestees may be temporarily detained by this department until arrangements for transportation are made by the outside agency. Only in exceptional circumstances, and subject to supervisor approval, will this department provide transportation of arrestees to other facilities on behalf of another agency. When transportation assistance is rendered, a report shall be prepared and submitted by the handling member unless otherwise directed by a supervisor. 326.3.1 INITIATED ACTIVITY Any on-duty officer who engages in law enforcement activities of any type that are not part of a mutual aid request and take place outside the jurisdiction of the Jeffersonville Police Department shall notify the on-duty supervisor and Central Alarm as soon as practicable. This requirement does not apply to special enforcement details or multi-agency units that regularly work in multiple jurisdictions. 326.4 REQUESTING OUTSIDE ASSISTANCE If assistance is needed from another agency, the member requesting assistance should, if practicable, first notify a supervisor. The handling member or supervisor should direct assisting personnel to where they are needed and to whom they should report when they arrive. Jeffersonville Police Department Policy Manual Outside Agency Assistance Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Outside Agency Assistance - 166 The requesting member should arrange for appropriate radio communication capabilities, if necessary and available, so that communication can be coordinated between assisting personnel. Mutual aid assistance may be either interlocal or intrastate. 326.4.1 INTERLOCAL MUTUAL AID The Jeffersonville Police Department may enter an interlocal mutual aid agreement with another law enforcement agency for the purpose of providing and receiving aid and assistance (I.C. § 36-1-7-3). Officers responding to a request for interlocal assistance shall have the same powers and duties as the requesting agency’s law enforcement officers during the duration of the request for assistance (I.C. § 36-1-7-7). Officers responding to a request for assistance remain subject to the rules and regulations of the Jeffersonville Police Department (I.C. § 36-1-7-7). 326.4.2 REQUESTING STATEWIDE MUTUAL AID Requests for statewide mutual aid assistance (I.C. § 10-14-3-10.6): (a)May be written or oral. 1.A written request shall be completed on the forms developed by the Indiana State Police. 2.An oral request shall be confirmed in writing not later than 24 hours after the oral request is made. 3.A copy of the request form shall be submitted to the Emergency Operations Center within the Division of Emergency Response and Recovery not later than 48 hours after making the request. (b)Must include: 1.The amount and type of services, equipment, supplies, materials, personnel and other resources needed, and an estimate of the length of time that they will be needed. 2.The staging location and the name of the point of contact at the staging location. 3.A statement that the request for mutual aid is made through the statewide mutual aid program. 326.5 REPORTING REQUIREMENTS Incidents of outside assistance or law enforcement activities that are not documented in a crime report shall be documented in a general case report or as directed by the on-duty supervisor. 326.6 MANDATORY SHARING Equipment and supplies purchased with federal funds or grants that require such equipment and supplies be shared with other agencies should be documented and updated as necessary by the Administration Assistant Chief or the authorized designee. Jeffersonville Police Department Policy Manual Outside Agency Assistance Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Outside Agency Assistance - 167 The documentation should include: (a)The conditions relative to sharing. (b)The training requirements for: 1.The use of the equipment and supplies. 2.The members trained in the use of the equipment and supplies. (c)Any other requirements for use of the equipment and supplies. Copies of the documentation should be provided to the Assistant Chiefto ensure use of the equipment and supplies is in compliance with the applicable sharing agreements. The Training Commander should maintain documentation that the appropriate members have received the required training. Policy 327 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Registered Offender Information - 168 Registered Offender Information 327.1 PURPOSE AND SCOPE This policy establishes guidelines by which the Jeffersonville Police Department will address issues associated with certain offenders who are residing in the jurisdiction, and how the Department will disseminate information and respond to public inquiries for information about registered sex or violent offenders. 327.2 POLICY It is the policy of the Jeffersonville Police Department to work in conjunction with the Clark County Sheriff's Office and other jurisdictional partners to identify and monitor registered offenders living within this jurisdiction and to take reasonable steps to address the risks those persons may pose. 327.3 REGISTRATION The Jeffersonville Police Department shall establish a process to reasonably accommodate registration of offenders. The process should rebut any allegation on the part of the offender that the registration process was too confusing, burdensome or difficult for compliance. The offender should be directed to complete the registration process in the jurisdiction of which they will reside. For offenders residing in Jeffersonville, they should be directed to the Clark County Sheriff's Office to register. 327.4 MONITORING OF REGISTERED OFFENDERS Detective DivisionThe Jeffersonville Police Department when requested, should assist the Clark County Sheriff's Office and/or other jurisdictional partners to periodically verify that a registrant(s) remains in compliance with his/her registration requirements after the initial registration. This verification should include: (a)Efforts to confirm residence using an unobtrusive method, such as an Internet search or drive-by of the declared residence. (b)Review of information on the Indiana Sex and Violent Offender Registry website. (c)Contact with a registrant’s parole or probation officer. 327.5 DISSEMINATION OF PUBLIC INFORMATION Members will not unilaterally make a public notification advising the community of a particular registrant’s presence in the community. Members who identify a significant risk or other public safety issue associated with a registrant should promptly advise their supervisor. The supervisor should evaluate the request and forward the information to the Chief of Police if warranted. A determination will be made by the Chief of Police, with the assistance of legal counsel as necessary, whether such a public alert should be made. Jeffersonville Police Department Policy Manual Registered Offender Information Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Registered Offender Information - 169 Members of the public requesting information on registrants should be directed to the Indiana Sex and Violent Offender Registry website. The Records Manager may release local registered offender information to residents in accordance with state law and in compliance with the Indiana Public Records Act or Freedom of Information Act request (I.C. § 10-13-3-30). 327.5.1 RELEASE NOTIFICATIONS Registrant information that is released should include notification that: (a)The offender registry includes only those persons who have been required by law to register and who are in compliance with the offender registration laws. (b)The information is provided as a public service and may not be current or accurate. (c)Persons should not rely solely on the offender registry as a safeguard against offenses in their communities. (d)The crime for which a person is convicted may not accurately reflect the level of risk. (e)Anyone who uses information contained in the registry to harass registrants or commit any crime may be subject to criminal prosecution. Policy 328 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Major Incident Notification - 170 Major Incident Notification 328.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to members of the Jeffersonville Police Department in determining when, how and to whom notification of major incidents should be made. 328.2 POLICY The Jeffersonville Police Department recognizes that certain incidents should be brought to the attention of supervisors or other specified personnel of this department to facilitate the coordination of activities and ensure that inquiries from the media and the public may be properly addressed. 328.3 CRITERIA FOR NOTIFICATION Most situations where the media show a strong interest are also of interest to the Chief of Police, and the Assistant Chief. The following list of incident types is provided as a guide for notification and is not intended to be all-inclusive: •Officer-involved shooting, whether on- or off-duty (see the Officer-Involved Shootings and Deaths Policy for special notification) •Homicides, suspicious deaths or deaths related to law enforcement activity •Crimes of unusual violence or circumstances that may include hostages, barricaded persons, home invasions, armed robbery or sexual assaults •At-risk missing children or missing endangered adults •In-custody deaths •Aircraft, train, boat or other transportation accidents with major damage and/or injury or death •Traffic accidents with fatalities or severe injuries •Death of a prominent Jeffersonville official •Significant injury or death to a member of the Department, whether on- or off-duty •Arrest of a member of the Department or prominent Jeffersonville official •Equipment failures, utility failures and incidents that may affect staffing or pose a threat to basic police services •Any other incident that has attracted or is likely to attract significant media attention 328.4 OFFICER IN CHARGE (OIC) RESPONSIBILITIES The OIC is responsible for making the appropriate notifications. The OIC shall make reasonable attempts to obtain as much information on the incident as possible before notification, and shall Jeffersonville Police Department Policy Manual Major Incident Notification Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Major Incident Notification - 171 attempt to make the notifications as soon as practicable. Notification should be made by using the call notification protocol posted in Central Alarm. 328.4.1 COMMAND STAFF NOTIFICATION In the event an incident occurs as identified in the Criteria for Notification section above, the Chief of Police shall be notified along with the Assistant Chief(s), the Investigations/ Operations Commander, and the Uniform Commander. 328.4.2 INVESTIGATOR NOTIFICATION If the incident requires that an investigator respond , the iOIC of the appropriate detail shall be notified, who will then make provisions to contact the appropriate investigator. 328.4.3 PATROL DIVISION NOTIFICATION In the event of a major injury or traffic fatality, the OICshall be notified, who will then contact the appropriate investigator. The OIC will notify the Uniform Commander. 328.4.4 PUBLIC INFORMATION OFFICER After members of the command staff have been notified, the Public Information Officer shall be called if it appears the media may have a significant interest in the incident. Policy 329 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Death Investigation - 172 Death Investigation 329.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for situations where officers initially respond to and investigate the circumstances of a deceased person. Some causes of death may not be readily apparent and some cases differ substantially from what they appear to be initially. The thoroughness of death investigations and use of appropriate resources and evidence-gathering techniques is critical. 329.2 POLICY It is the policy of the Jeffersonville Police Department to respond, document and investigate incidents where a person is deceased. Investigations involving the death of a person, including those from natural causes, accidents, workplace incidents, suicide and homicide, shall be initiated, investigated and properly documented. 329.3 INVESTIGATION CONSIDERATIONS Emergency medical services shall be called in all suspected death cases unless death is obvious (e.g., decapitated, decomposed). A supervisor shall be notified as soon as possible to assist and provide appropriate personnel and resources. The on-scene supervisor should determine whether follow-up investigation is required and notify the Investigative Division/On-CAll Detective as necessary. The OICwill make notification to command staff. i 329.3.1 REPORTING All incidents involving a death shall be documented on the appropriate form. 329.3.2 CORONER REQUEST Officers are not authorized to pronounce death unless they are also Coroners, Deputy Coroners or appointed Coroner investigators. The Coroner shall be called in all sudden or unexpected deaths or deaths due to other than natural causes. State law requires that the Coroner be notified when any person dies (I.C. § 35-45-19-3): (a)As a result of violence, suicide or accident. (b)Suddenly when in apparently good health. (c)While unattended. (d)From poisoning or an overdose of drugs. (e)As a result of a disease that may constitute a threat to public health. (f)As a result of a disease, an injury, a toxic effect or unusual exertion incurred within the scope of the deceased person’s employment. (g)Due to sudden infant death syndrome. Jeffersonville Police Department Policy Manual Death Investigation Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Death Investigation - 173 (h)As a result of a diagnostic or therapeutic procedure. (i)Under any other suspicious or unusual circumstances. 329.3.3 SEARCHING DEAD BODIES (a)The Coroner, his/her assistant and authorized investigators are generally the only persons permitted to move, handle or search a dead body. (b)An officer may make a reasonable search of an individual who it is reasonable to believe is dead, or near death, for the purpose of identification or for information identifying the individual as an anatomical donor. If a donor document is located, the Coroner or his/her assistant shall be promptly notified. (c)The Coroner, with the permission of the Department, may take property, objects or articles found on the deceased or in the immediate vicinity of the deceased that may be necessary for conducting an investigation to determine the identity of the deceased or the cause or manner of death. (d)Should exigent circumstances indicate to an officer that any other search of a known dead body is warranted prior to the arrival of the Coroner or his/her assistant, the investigating officer should first obtain verbal consent from the Coroner or his/her assistant when practicable. (e)Whenever reasonably possible, a witness, preferably a relative to the deceased or a member of the household, should be requested to remain nearby the scene and available to the officer pending the arrival of the Coroner or his/her assistant. The name and address of this person shall be included in the narrative of the death report. (f)Whenever personal effects are removed from the body of the deceased by the Coroner or his/her assistant, a receipt shall be obtained. This receipt shall be attached to the death report. 329.3.4 SUSPECTED HOMICIDE If the initially assigned officer suspects that the death involves a homicide or other suspicious circumstances, the officer shall take steps to protect the scene. The Detective Division shall be notified to determine the possible need for an investigator to respond to the scene. If the on-scene supervisor, through consultation with the Uniform Patrol Commander or Detective Division supervisor, is unable to determine the manner of death, the investigation shall proceed as though it is a homicide. The investigator assigned to investigate a homicide or death that occurred under suspicious circumstances may, with the approval of his/her supervisor, request the Coroner to conduct physical examinations and tests, and to provide a report. Jeffersonville Police Department Policy Manual Death Investigation Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Death Investigation - 174 329.3.5 EMPLOYMENT-RELATED DEATHS OR INJURIES Any member of this department who responds to and determines that a death, serious illness or serious injury has occurred as a result of an accident at or in connection with the victim's employment shall ensure that the regional Occupational Safety and Health Administration (OSHA) office is notified of all pertinent information (29 CFR 1904.39). 329.4 UNIDENTIFIED DEAD BODY If the identity of a dead body cannot be established, the investigating officer shall record date, time, location, and case number until proper identification can be made. The Jeffersonville Police Department case number should be used as a unique identifying number for the body. . 329.5 DEATH NOTIFICATION When reasonably practicable, and if not handled by the Coroner’s Office, notification to the next- of-kin of the deceased person shall be made, in person, by the designated officer.. If the next-of- kin lives in another jurisdiction, a law enforcement official from that jurisdiction shall be requested to make the personal notification. If a deceased person has been identified as a missing person, this department shall attempt to locate family members and inform them of the death and location of the deceased missing person's remains. All efforts to locate and notify family members shall be recorded in appropriate reports. Policy 330 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Citizen's Arrest - 175 Citizen's Arrest 330.1 PURPOSE AND SCOPE This policy provides guidance for the handling and acceptance of a citizen’s arrest. 330.2 POLICY It is the policy of the Jeffersonville Police Department to accept a citizen’s arrest only when legal and appropriate. 330.3 ARRESTS BY CITIZEN A citizen may arrest another when (I.C. § 35-33-1-4(a); I.C. § 35-33-6-2): (a)Another person has committed a felony in his/her presence. (b)A felony has been committed and there is probable cause to believe that the other person has committed that felony. (c)A misdemeanor involving a breach of peace is being committed and the arrest is necessary to prevent the continuance of the breach of peace. (d)The citizen is an owner or agent of a business, has probable cause to believe that a theft has occurred or is occurring on or about the business and the person detained is the one who committed or is committing the theft. (e)A person making the arrest under this section, as soon as practible, shall notify a law enforment officer. 330.4 OFFICER RESPONSIBILITIES An officer confronted with a person claiming to have made a private person’s arrest should determine whether such an arrest is lawful (I.C. § 35-33-1-4(c)). If the officer determines that the citizen’s arrest is unlawful, the officer should: (a)Take no action to further detain or restrain the arrested individual, unless there is independent justification for continuing a detention. (b)Advise the parties that the arrest will not be accepted but the circumstances will be documented in a report. (c)Document the incident, including the basis for refusing to accept custody of the individual. Whenever an officer determines that a citizen’s arrest is justified, the officer may take the individual into custody and proceed in the same manner as with any other arrest. Policy 331 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Limited English Proficiency Services - 176 Limited English Proficiency Services 331.1 PURPOSE AND SCOPE This policy provides guidance to members when communicating with individuals with limited English proficiency (LEP) (42 USC § 2000d). 331.1.1 DEFINITIONS Definitions related to this policy include: Authorized interpreter - A person who has been screened and authorized by the Department to act as an interpreter and/or translator for others. Interpret or interpretation - The act of listening to a communication in one language (source language) and orally converting it to another language (target language), while retaining the same meaning. Limited English proficiency (LEP) individual - Any individual whose primary language is not English and who has a limited ability to read, write, speak or understand English. These individuals may be competent in certain types of communication (e.g., speaking or understanding) but still exhibit LEP for other purposes (e.g., reading or writing). Similarly, LEP designations are context- specific; an individual may possess sufficient English language skills to function in one setting but these skills may be insufficient in other situations. Qualified bilingual member - A member of the Jeffersonville Police Department, designated by the Department, who has the ability to communicate fluently, directly and accurately in both English and another language. Bilingual members may be fluent enough to communicate in a non-English language but may not be sufficiently fluent to interpret or translate from one language into another. Translate or translation - The replacement of written text from one language (source language) into an equivalent written text (target language). 331.2 POLICY It is the policy of the Jeffersonville Police Department to reasonably ensure that LEP individuals have meaningful access to law enforcement services, programs and activities, while not imposing undue burdens on its members. The Department will not discriminate against or deny any individual access to services, rights or programs based upon national origin or any other protected interest or right. 331.3 LEP COORDINATOR The Chief of Police shall delegate certain responsibilities to an LEP coordinator. The coordinator shall be appointed by, and directly responsible to, the Assistant Chief or the authorized designee. The responsibilities of the coordinator include, but are not limited to: (a)Coordinating and implementing all aspects of the Jeffersonville Police Department’s LEP services to LEP individuals. Jeffersonville Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Limited English Proficiency Services - 177 (b)Developing procedures that will enable members to access LEP services, including telephonic interpreters, and ensuring the procedures are available to all members. (c)Ensuring that a list of all qualified bilingual members and authorized interpreters is maintained and available to each Uniform Patrol Commander and Dispatch Supervisor. The list should include information regarding the following: 1.Languages spoken 2.Contact information 3.Availability (d)Ensuring signage stating that interpreters are available free of charge to LEP individuals is posted in appropriate areas and in the most commonly spoken languages. (e)Reviewing existing and newly developed documents to determine which are vital documents and should be translated, and into which languages the documents should be translated. (f)Annually assessing demographic data and other resources, including contracted language services utilization data and data from community-based organizations, to determine if there are additional documents or languages that are appropriate for translation. (g)Identifying standards and assessments to be used by this department to qualify individuals as qualified bilingual members or authorized interpreters. (h)Periodically reviewing efforts of this department in providing meaningful access to LEP individuals, and, as appropriate, developing reports, developing new procedures or recommending modifications to this policy. (i)Receiving and responding to complaints regarding department LEP services. (j)Ensuring appropriate processes are in place to provide for the prompt and equitable resolution of complaints and inquiries regarding discrimination in access to department services, programs and activities. 331.4 FOUR-FACTOR ANALYSIS Because there are many different languages that members could encounter, the Department will utilize the four-factor analysis outlined in the U.S. Department of Justice (DOJ) Guidance to Federal Financial Assistance Recipients, available at the DOJ website, to determine which measures will provide meaningful access to its services and programs. It is recognized that law enforcement contacts and circumstances will vary considerably. This analysis, therefore, must remain flexible and will require an ongoing balance of the following four factors, which are: (a)The number or proportion of LEP individuals eligible to be served or likely to be encountered by department members, or who may benefit from programs or services within the jurisdiction of this department or a particular geographic area. Jeffersonville Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Limited English Proficiency Services - 178 (b)The frequency with which LEP individuals are likely to come in contact with department members, programs or services. (c)The nature and importance of the contact, program, information or service provided. (d)The cost of providing LEP assistance and the resources available. 331.5 TYPES OF LEP ASSISTANCE AVAILABLE Jeffersonville Police Department members should never refuse service to an LEP individual who is requesting assistance, nor should they require an LEP individual to furnish an interpreter as a condition for receiving assistance. The Department will make every reasonable effort to provide meaningful and timely assistance to LEP individuals through a variety of services. The Department will utilize all reasonably available tools, such as language identification cards, when attempting to determine an LEP individual's primary language. LEP individuals may choose to accept department-provided LEP services at no cost or they may choose to provide their own. Department-provided LEP services may include, but are not limited to, the assistance methods described in this policy. 331.6 WRITTEN FORMS AND GUIDELINES Vital documents or those that are frequently used should be translated into languages most likely to be encountered. The LEP coordinator will arrange to make these translated documents available to members and other appropriate individuals, as necessary. 331.7 AUDIO RECORDINGS The Department may develop audio recordings of important or frequently requested information in a language most likely to be understood by those LEP individuals who are representative of the community being served. 331.8 QUALIFIED BILINGUAL MEMBERS Bilingual members may be qualified to provide LEP services when they have demonstrated through established department procedures a sufficient level of skill and competence to fluently communicate in both English and a non-English language. Members utilized for LEP services must demonstrate knowledge of the functions of an interpreter/translator and the ethical issues involved when acting as a language conduit. Additionally, bilingual members must be able to communicate technical and law enforcement terminology, and be sufficiently proficient in the non-English language to perform complicated tasks, such as conducting interrogations, taking statements, collecting evidence or conveying rights or responsibilities. When a qualified bilingual member from this department is not available, personnel from other City departments who have been identified by the Department as having the requisite skills and competence may be requested. Jeffersonville Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Limited English Proficiency Services - 179 331.9 AUTHORIZED INTERPRETERS Any person designated by the Department to act as an authorized interpreter and/or translator must have demonstrated competence in both English and the involved non-English language, must have an understanding of the functions of an interpreter that allows for correct and effective translation, and should not be a person with an interest in the department case or investigation involving the LEP individual. A person providing interpretation or translation services may be required to establish the accuracy and trustworthiness of the interpretation or translation in a court proceeding. Authorized interpreters must pass a screening process established by the LEP coordinator that demonstrates that their skills and abilities in the following areas: (a)The competence and ability to communicate information accurately in both English and in the target language. (b)Knowledge, in both languages, of any specialized terms or concepts peculiar to this department and of any particularized vocabulary or phraseology used by the LEP individual. (c)The ability to understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser. (d)Knowledge of the ethical issues involved when acting as a language conduit. 331.9.1 SOURCES OF AUTHORIZED INTERPRETERS The Department may contract with authorized interpreters who are available over the telephone. Members may use these services with the approval of a supervisor and in compliance with established procedures. Other sources may include: •Qualified bilingual members of this department or personnel from other City departments. •Individuals employed exclusively to perform interpretation services. •Contracted in-person interpreters, such as state or federal court interpreters, among others. •Interpreters from other agencies who have been qualified as interpreters by this department, and with whom the Department has a resource-sharing or other arrangement that they will interpret according to department guidelines. 331.9.2 COMMUNITY VOLUNTEERS AND OTHER SOURCES OF LANGUAGE ASSISTANCE Language assistance may be available from community volunteers who have demonstrated competence in either monolingual (direct) communication and/or in interpretation or translation (as noted in above), and have been approved by the Department to communicate with LEP individuals. Where qualified bilingual members or other authorized interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when Jeffersonville Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Limited English Proficiency Services - 180 appropriate. However, department members must carefully consider the nature of the contact and the relationship between the LEP individual and the volunteer to ensure that the volunteer can provide neutral and unbiased assistance. While family or friends of an LEP individual may offer to assist with communication or interpretation, members should carefully consider the circumstances before relying on such individuals. For example, children should not be relied upon except in exigent or very informal and non-confrontational situations. 331.10 CONTACT AND REPORTING While all law enforcement contacts, services and individual rights are important, this department will utilize the four-factor analysis to prioritize service to LEP individuals so that such services may be targeted where they are most needed, according to the nature and importance of the particular law enforcement activity involved. Whenever any member of this department is required to complete a report or other documentation that involves a situation in which interpretation services were provided to any involved LEP individual, such services should be noted in the related report. Members should document the type of interpretation services utilized and whether the individual elected to use services provided by the Department or some other identified source. 331.11 RECEIVING AND RESPONDING TO REQUESTS FOR ASSISTANCE The Jeffersonville Police Department will take reasonable steps and will work with the Human Resources Department to develop in-house language capacity by hiring or appointing qualified members proficient in languages representative of the community being served. 331.12 FIELD ENFORCEMENT Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving warrants and restraining orders, crowd/traffic control and other routine field contacts that may involve LEP individuals. The scope and nature of these activities and contacts will inevitably vary. Members and/or supervisors must assess each situation to determine the need and availability of language assistance to all involved LEP individuals and utilize the methods outlined in this policy to provide such assistance. Although not every situation can be addressed in this policy, it is important that members are able to effectively communicate the reason for a contact, the need for information and the meaning or consequences of any enforcement action. For example, it would be meaningless to request consent to search if the officer is unable to effectively communicate with an LEP individual. If available, officers should obtain the assistance of a qualified bilingual member or an authorized interpreter before placing an LEP individual under arrest. Jeffersonville Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Limited English Proficiency Services - 181 331.13 INVESTIGATIVE FIELD INTERVIEWS In any situation where an interview may reveal information that could be used as the basis for arrest or prosecution of an LEP individual and a qualified bilingual member is unavailable or lacks the skills to directly communicate with the LEP individual, an authorized interpreter should be used. This includes interviews conducted during an investigation with victims, witnesses and suspects. In such situations, audio recordings of the interviews should be made when reasonably possible. Identification and contact information for the interpreter (e.g., name, address) should be documented so that the person can be subpoenaed for trial if necessary. If an authorized interpreter is needed, officers should consider calling for an authorized interpreter in the following order: •An authorized department member or allied agency interpreter •An authorized telephone interpreter •Any other authorized interpreter Any Miranda warnings shall be provided to suspects in their primary language by an authorized interpreter or, if the suspect is literate, by providing a translated Miranda warning card. The use of an LEP individual’s bilingual friends, family members, children, neighbors or bystanders may be used only when a qualified bilingual member or authorized interpreter is unavailable and there is an immediate need to interview an LEP individual. 331.14 CUSTODIAL INTERROGATIONS Miscommunication during custodial interrogations may have a substantial impact on the evidence presented in a criminal prosecution. Only qualified bilingual members or, if none is available or appropriate, authorized interpreters shall be used during custodial interrogations. Miranda warnings shall be provided to suspects in their primary language by the qualified bilingual member or an authorized interpreter. In order to ensure that translations during custodial interrogations are accurately documented and are admissible as evidence, interrogations should be recorded whenever reasonably possible. See guidance on recording custodial interrogations in the Investigation and Prosecution Policy. 331.15 COMPLAINTS The Department shall ensure that LEP individuals who wish to file a complaint regarding members of this department are able to do so. The Department may provide an authorized interpreter or translated forms, as appropriate. Complaints will be referred to the LEP coordinator. Investigations into such complaints shall be handled in accordance with the Personnel Complaints Policy. Authorized interpreters used for any interview with an LEP individual during a complaint investigation should not be members of this department. Jeffersonville Police Department Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Limited English Proficiency Services - 182 Any notice required to be sent to an LEP individual as a complaining party pursuant to the Personnel Complaints Policy should be translated or otherwise communicated in a language- accessible manner. 331.16 COMMUNITY OUTREACH Community outreach programs and other such services offered by this department are important to the ultimate success of more traditional law enforcement duties. This department will continue to work with community groups, local businesses and neighborhoods to provide equal access to such programs and services. 331.17 TRAINING To ensure that all members who may have contact with LEP individuals are properly trained, the Department will provide periodic training on this policy and related procedures, including how to access department-authorized telephonic and in-person interpreters and other available resources. The Training Commander shall be responsible for ensuring new members receive LEP training. Those who may have contact with LEP individuals should receive refresher training at least once every two years thereafter. The Training Commander shall maintain records of all LEP training provided, and will retain a copy in each member’s training file in accordance with the established records retention schedule. 331.17.1 TRAINING FOR AUTHORIZED INTERPRETERS All members on the authorized interpreter list must successfully complete prescribed interpreter training. To complete interpreter training successfully, an interpreter must demonstrate proficiency in and ability to communicate information accurately in both English and in the target language, demonstrate knowledge in both languages of any specialized terms or phraseology, and understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser. Members on the authorized interpreter list must receive refresher training annually or they will be removed from the authorized interpreter list. This annual training should include language skills competency (including specialized terminology) and ethical considerations. The Training Commander shall be responsible for coordinating the annual refresher training and will maintain a record of all training the interpreters have received. Policy 332 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Communications with Persons with Disabilities - 183 Communications with Persons with Disabilities 332.1 PURPOSE AND SCOPE This policy provides guidance to members when communicating with individuals with disabilities, including those who are deaf or hard of hearing, have impaired speech or vision, or are blind. 332.1.1 DEFINITIONS Definitions related to this policy include: Auxiliary aids - Tools used to communicate with people who have a disability or impairment. They include, but are not limited to, the use of gestures or visual aids to supplement oral communication; use of a notepad and pen or pencil to exchange written notes; use of a computer or typewriter; use of an assistive listening system or device to amplify sound; use of a teletypewriter (TTY) or videophones (video relay service or VRS); taped text; qualified readers; or use of a qualified interpreter. Disability or impairment - An individual who has or is regarded as being substantially limited in a major life activity, including hearing or seeing, with or without assistance other than ordinary eyeglasses or contacts (42 USC § 12102). This includes a person who has a hearing loss that prevents the person from receiving and understanding voice communication with or without amplification and uses American Sign Language, English-based signed systems, tactile methods, writing, reading, speech reading, finger spelling or beneficial assistive devices as a primary means of communication (460 IAC 2-2.1-2). Qualified interpreter - A person who is able to interpret effectively, accurately and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include oral interpreters, transliterators, sign language interpreters and intermediary interpreters. Qualified Interpreters should have a valid certification by the Department of Health and Human Services (460 IAC 2-3-3). 332.2 POLICY It is the policy of the Jeffersonville Police Department to reasonably ensure that people with disabilities, including victims, witnesses, suspects and arrestees, have equal access to law enforcement services, programs and activities. Members must make efforts to communicate effectively with individuals with disabilities. The Department will not discriminate against or deny any individual access to services, rights or programs based upon disabilities. 332.3 AMERICANS WITH DISABILITIES (ADA) COORDINATOR The Chief of Police shall delegate certain responsibilities to an ADA coordinator (28 CFR 35.107). The coordinator shall be appointed by and directly responsible to the Assistant Chief or the authorized designee. The responsibilities of the coordinator include, but are not limited to: Jeffersonville Police Department Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Communications with Persons with Disabilities - 184 (a)Working with the City ADA coordinator regarding the Jeffersonville Police Department’s efforts to ensure equal access to services, programs and activities. (b)Developing reports or new procedures, or recommending modifications to this policy. (c)Acting as a liaison with local disability advocacy groups or other disability groups regarding access to department services, programs and activities. (d)Ensuring that a list of qualified interpreter services is maintained and available the On-Duty Supervisor and Central Alarm. The list should include information regarding: 1.Contact information. 2.Availability. (e)Developing procedures that will enable members to access auxiliary aids or services, including qualified interpreters, and ensure the procedures are available to all members. (f)Ensuring signage is posted in appropriate areas indicating that auxiliary aids are available free of charge to individuals with disabilities. (g)Ensuring appropriate processes are in place to provide for the prompt and equitable resolution of complaints and inquiries regarding discrimination in access to department services, programs and activities. 332.4 FACTORS TO CONSIDER Because the nature of any law enforcement contact may vary substantially from one situation to the next, members of this department should consider all information reasonably available to them when determining how to communicate with an individual with a disability. Members should carefully balance all known factors in an effort to reasonably ensure people who are disabled have equal access to services, programs and activities. These factors may include, but are not limited to: (a)Members should not always assume that effective communication is being achieved. The fact that an individual appears to be nodding in agreement does not always mean he/she completely understands the message. When there is any doubt, members should ask the individual to communicate back or otherwise demonstrate his/her understanding. (b)The nature of the disability (e.g., deafness or blindness vs. hard of hearing or low vision). (c)The nature of the law enforcement contact (e.g., emergency vs. non-emergency, custodial vs. consensual contact). (d)The availability of auxiliary aids. The fact that a particular aid is not available does not eliminate the obligation to reasonably ensure access. However, in an emergency, availability may factor into the type of aid used. 332.5 INITIAL AND IMMEDIATE CONSIDERATIONS Recognizing that various law enforcement encounters may be potentially volatile and/or emotionally charged, members should remain alert to the possibility of communication problems. Jeffersonville Police Department Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Communications with Persons with Disabilities - 185 Members should exercise special care in the use of all gestures and verbal and written communication to minimize initial confusion and misunderstanding when dealing with any individual with known or suspected disabilities. In a non-emergency situation, when a member knows or suspects an individual requires assistance to effectively communicate, the member shall identify the individual’s choice of auxiliary aid or service. The individual’s preferred communication method must be honored unless another effective method of communication exists under the circumstances (28 CFR 35.160). Factors to consider when determining whether an alternative method is effective include: (a)The methods of communication usually used by the individual. (b)The nature, length and complexity of the communication involved. (c)The context of the communication. In emergency situations involving an imminent threat to the safety or welfare of any person, members may use whatever auxiliary aids and services reasonably appear effective under the circumstances. This may include, for example, exchanging written notes or using the services of a person who knows sign language but is not a qualified interpreter, even if the person who is deaf or hard of hearing would prefer a qualified sign language interpreter or another appropriate auxiliary aid or service. Once the emergency has ended, the continued method of communication should be reconsidered. The member should inquire as to the individual's preference and give primary consideration to that preference. If an individual who is deaf, is hard of hearing or has impaired speech must be handcuffed while in the custody of the Jeffersonville Police Department, consideration should be given, safety permitting, to placing the handcuffs in the front of the body to facilitate communication using sign language or writing. 332.6 TYPES OF ASSISTANCE AVAILABLE Jeffersonville Police Department members shall never refuse an available service to an individual with disabilities who is requesting assistance. The Department will not charge anyone to receive auxiliary aids, nor shall it require anyone to furnish their own auxiliary aid or service as a condition for receiving assistance. The Department will make every reasonable effort to provide equal access and timely assistance to disabled individuals through a variety of services. Disabled individuals may choose to accept department-provided auxiliary aids or services or they may choose to provide their own. Department-provided auxiliary aids or services may include, but are not limited to, the assistance methods described in this policy. Jeffersonville Police Department Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Communications with Persons with Disabilities - 186 332.7 AUDIO RECORDINGS AND ENLARGED PRINT The Department may develop audio recordings to assist people who are blind or have a visual impairment with accessing important information. If such a recording is not available, members may read aloud from the appropriate form (e.g., a personnel complaint form) or provide forms with enlarged print. 332.8 QUALIFIED INTERPRETERS A qualified interpreter may be needed in lengthy or complex transactions (e.g., interviewing a victim, witness, suspect or arrestee) if the individual to be interviewed normally relies on sign language or speechreading (lip-reading) to understand what others are saying. The qualified interpreter should not be a person with an interest in the case or the investigation. A person providing interpretation services may be required to establish the accuracy and trustworthiness of the interpretation in a court proceeding. Qualified interpreters should be: (a)Available within a reasonable amount of time but in no event longer than one hour if requested. (b)Experienced in providing interpretation services related to law enforcement matters. (c)Familiar with the use of VRS and/or video remote interpreting services. (d)Certified in either American Sign Language (ASL) or Signed English (SE). (e)Able to understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser. (f)Knowledgeable of the ethical issues involved when providing interpreter services. Members should use department-approved procedures to request a qualified interpreter at the earliest reasonable opportunity, after a request for an interpreter has been made or it is reasonably apparent that an interpreter is needed. No individual who is disabled shall be required to provide his/her own interpreter (28 CFR 35.160). 332.9 TTY AND RELAY SERVICES In situations where an individual without a disability would have access to a telephone (e.g., booking or attorney contacts), members must also provide those who are deaf, are hard of hearing or have impaired speech the opportunity to place calls using an available TTY (also known as a telecommunications device for deaf people, or TDD). Members shall provide additional time, as needed, for effective communication due to the slower nature of TTY and TDD communications. The Department will accept all TTY or TDD calls placed by those who are deaf or hard of hearing and received via a telecommunications relay service (28 CFR 35.162). Note that relay services translate verbatim, so the conversation must be conducted as if speaking directly to the caller. Jeffersonville Police Department Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Communications with Persons with Disabilities - 187 332.10 COMMUNITY VOLUNTEERS Interpreter services may be available from community volunteers who have demonstrated competence in communication services, such as ASL or SE, and have been approved by the Department to provide interpreter services. Where qualified interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate. However, department members must carefully consider the nature of the contact and the relationship between the individual with the disability and the volunteer to ensure that the volunteer can provide neutral and unbiased assistance. 332.11 FAMILY AND FRIENDS While family or friends may offer to assist with interpretation, members should carefully consider the circumstances before relying on such individuals. The nature of the contact and relationship between the individual with the disability and the person offering services must be carefully considered (e.g., victim/suspect). Children shall not be relied upon except in emergency or critical situations when there is no qualified interpreter reasonably available. Adults may be relied upon when (28 CFR 35.160): (a)There is an emergency or critical situation and there is no qualified interpreter reasonably available. (b)The person with the disability requests that the adult interpret or facilitate communication and the adult agrees to provide such assistance, and reliance on that adult for such assistance is reasonable under the circumstances. 332.12 REPORTING Whenever any member of this department is required to complete a report or other documentation, and communication assistance has been provided, such services should be noted in the related report. Members should document the type of communication services utilized and whether the individual elected to use services provided by the Department or some other identified source. If the individual’s express preference is not honored, the member must document why another method of communication was used. All written communications exchanged in a criminal case shall be attached to the report or placed into evidence. 332.13 FIELD ENFORCEMENT Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving warrants and restraining orders, crowd/traffic control and other routine field contacts that may involve individuals with disabilities. The scope and nature of these activities and contacts will inevitably vary. Jeffersonville Police Department Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Communications with Persons with Disabilities - 188 The Department recognizes that it would be virtually impossible to provide immediate access to complete communication services to every member of this department. Members and/or supervisors must assess each situation and consider the length, complexity and importance of the communication, as well as the individual’s preferred method of communication, when determining the type of resources to use and whether a qualified interpreter is needed. Although not every situation can be addressed in this policy, it is important that members are able to effectively communicate the reason for a contact, the need for information and the meaning or consequences of any enforcement action. For example, it would be meaningless to verbally request consent to search if the officer is unable to effectively communicate with an individual who is deaf or hard of hearing and requires communications assistance. If available, officers should obtain the assistance of a qualified interpreter before placing an individual with a disability under arrest. Individuals who are arrested and are assisted by service animals should be permitted to make arrangements for the care of such animals prior to transport. 332.13.1 FIELD RESOURCES Examples of methods that may be sufficient for transactions, such as checking a license or giving directions to a location or for urgent situations such as responding to a violent crime in progress, may, depending on the circumstances, include such simple things as: (a)Hand gestures or visual aids with an individual who is deaf, is hard of hearing or has impaired speech. (b)Exchange of written notes or communications. (c)Verbal communication with an individual who can speechread by facing the individual and speaking slowly and clearly. (d)Use of computer, word processing, personal communication device or similar device to exchange texts or notes. (e)Slowly and clearly speaking or reading simple terms to individuals who have a visual or mental impairment. Members should be aware that these techniques may not provide effective communication as required by law and this policy depending on the circumstances. 332.14 CUSTODIAL INTERROGATIONS In an effort to ensure that the rights of individuals who are deaf, are hard of hearing or have speech impairment are protected during a custodial interrogation, this department will provide interpreter services before beginning an interrogation, unless exigent circumstances exist or the individual has made a clear indication that he/she understands the process and desires to proceed without an interpreter. The use of a video remote interpreting service should be considered, where appropriate, if a live interpreter is not available. Miranda warnings shall be provided to suspects who are deaf or hard of hearing by a qualified interpreter or by providing a written Miranda warning card. Jeffersonville Police Department Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Communications with Persons with Disabilities - 189 In order to ensure that communications during custodial investigations are accurately documented and are admissible as evidence, interrogations should be recorded whenever reasonably possible. See guidance on recording custodial interrogations in the Investigation and Prosecution Policy. 332.15 ARRESTS AND BOOKINGS If an individual with speech or hearing disabilities is arrested, the arresting officer shall use department-approved procedures to provide a qualified interpreter at the place of arrest or booking as soon as reasonably practicable, unless the individual indicates that he/she prefers a different auxiliary aid or service or the officer reasonably determines another effective method of communication exists under the circumstances. When gathering information during the booking process, members should remain alert to the impediments that often exist when communicating with those who are deaf, are hard of hearing, have impaired speech or vision, are blind or have other disabilities. In the interest of the arrestee’s health and welfare, to protect the safety and security of the facility and to protect individual rights, it is important that accurate medical screening and booking information be obtained. If necessary, members should seek the assistance of a qualified interpreter whenever there is concern that accurate information cannot be obtained or that booking instructions may not be properly understood by the individual. Individuals who require and possess personally owned communication aids (e.g., hearing aids, cochlear processors) should be permitted to retain them while in custody. 332.16 COMPLAINTS The Department shall ensure that individuals with disabilities who wish to file a complaint regarding members of this department are able to do so. The Department may provide a qualified interpreter or forms in enlarged print, as appropriate. Complaints will be referred to the ADA coordinator. Investigations into such complaints shall be handled in accordance with the Personnel Complaints Policy. Qualified interpreters used during the investigation of a complaint should not be members of this department. 332.17 COMMUNITY OUTREACH Community outreach programs and other such services offered by this department are important to the ultimate success of more traditional law enforcement duties. This department will continue to work with community groups, local businesses and neighborhoods to provide equal access to such programs and services. 332.18 TRAINING To ensure that all members who may have contact with disabled individuals are properly trained, the Department will provide periodic training that should include: (a)Awareness and understanding of this policy and related procedures, related forms and available resources. Jeffersonville Police Department Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Communications with Persons with Disabilities - 190 (b)Procedures for accessing qualified interpreters and other available resources. (c)Working with in-person and telephone interpreters and related equipment. The Training Commander shall be responsible for ensuring new members receive training related to interacting with individuals who have disabilities, including those who are deaf, are hard of hearing, have impaired speech or vision or are blind. Those who may have contact with such individuals should receive refresher training at least once every two years thereafter. The Training Commander shall maintain records of all training provided and will retain a copy in each member’s training file in accordance with the established records retention schedule. Policy 333 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Chaplains - 191 Chaplains 333.1 PURPOSE AND SCOPE This policy establishes the guidelines for Jeffersonville Police Department chaplains to provide counseling or emotional support to members of the Department, their families and members of the public. 333.2 POLICY The Jeffersonville Police Department shall ensure that department chaplains are properly appointed, trained and supervised to carry out their responsibilities without financial compensation. 333.3 ELIGIBILITY Requirements for participation as a chaplain for the Department may include, but are not limited to: (a)Being above reproach, temperate, prudent, respectable, hospitable, able to teach, free from addiction to alcohol or other drugs, and free from excessive debt. (b)Managing his/her household, family and personal affairs well. (c)Having a good reputation in the community. (d)Successful completion of an appropriate-level background investigation. (e)A minimum of five years of successful counseling experience. (f)Possession of a valid driver’s license. The Chief of Police may allow exceptions to these eligibility requirements based on organizational needs and the qualifications of the individual. 333.4 RECRUITMENT, SELECTION AND APPOINTMENT The Jeffersonville Police Department shall endeavor to recruit and appoint only those applicants who meet the high ethical, moral and professional standards set forth by this department. All applicants shall be required to meet and pass the same pre-employment procedures as department personnel before appointment. 333.4.1 RECRUITMENT Chaplains should be recruited on a continuous and ongoing basis consistent with department policy on equal opportunity and non-discriminatory employment. A primary qualification for participation in the application process should be an interest in and an ability to assist the Department in serving the public. Chaplain candidates are encouraged to participate in ride-alongs with department members before and during the selection process. Jeffersonville Police Department Policy Manual Chaplains Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Chaplains - 192 333.4.2 SELECTION AND APPOINTMENT Chaplain candidates shall successfully complete the following process prior to appointment as a chaplain: (a)Submit the appropriate written application. (b)Include a recommendation from employers or volunteer programs. (c)Interview with the Chief of Police and the chaplain coordinator. (d)Successfully complete an appropriate-level background investigation. (e)Complete an appropriate probationary period as designated by the Chief of Police. Chaplains are volunteers and serve at the discretion of the Chief of Police. Chaplains shall have no property interest in continued appointment. However, if a chaplain is removed for alleged misconduct, the chaplain will be afforded an opportunity solely to clear his/her name through a liberty interest hearing, which shall be limited to a single appearance before the Chief of Police or the authorized designee. 333.5 IDENTIFICATION AND UNIFORMS As representatives of the Department, chaplains are responsible for presenting a professional image to the community. Chaplains shall dress appropriately for the conditions and performance of their duties. Uniforms and necessary safety equipment will be provided for each chaplain. Identification symbols worn by chaplains shall be different and distinct from those worn by officers through the inclusion of "Chaplain" on the uniform. Chaplain uniforms shall not reflect any religious affiliation. Chaplains will be issued Jeffersonville Police Department identification cards, which must be carried at all times while on-duty. The identification cards will be the standard Jeffersonville Police Department identification cards, with the exception that “Chaplain” will be indicated on the cards. Chaplains shall be required to return any issued uniforms or department property at the termination of service. Chaplains shall conform to all uniform regulations and appearance standards of this department. 333.6 CHAPLAIN COORDINATOR The Chief of Police shall delegate certain responsibilities to a chaplain coordinator. The coordinator shall be appointed by and directly responsible to the Assistant Chief or the authorized designee. The chaplain coordinator shall serve as the liaison between the chaplains and the Chief of Police. The function of the coordinator is to provide a central coordinating point for effective chaplain management within the Department, and to direct and assist efforts to jointly provide more productive chaplain services. Under the general direction of the Chief of Police or the authorized designee, chaplains shall report to the chaplain coordinator and/or Uniform Patrol Commander. Jeffersonville Police Department Policy Manual Chaplains Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Chaplains - 193 The chaplain coordinator may appoint a senior chaplain or other designee to assist in the coordination of chaplains and their activities. The responsibilities of the coordinator or the authorized designee include, but are not limited to: (a)Recruiting, selecting and training qualified chaplains. (b)Conducting chaplain meetings. (c)Establishing and maintaining a chaplain callout roster. (d)Maintaining records for each chaplain. (e)Tracking and evaluating the contribution of chaplains. (f)Maintaining a record of chaplain schedules and work hours. (g)Completing and disseminating, as appropriate, all necessary paperwork and information. (h)Planning periodic recognition events. (i)Maintaining a liaison with other agency chaplain coordinators. An evaluation of the overall use of chaplains will be conducted on an annual basis by the coordinator. 333.7 DUTIES AND RESPONSIBILITIES Chaplains assist the Department, its members and the community, as needed. Assignments of chaplains will usually be to augment the Uniform Division, but chaplains may be assigned to other areas within the Department as needed. Chaplains should be placed only in assignments or programs that are consistent with their knowledge, skills and abilities and the needs of the Department. All chaplains will be assigned to duties by the chaplain coordinator or the authorized designee. Chaplains may not proselytize or attempt to recruit members of the Department or the public into a religious affiliation while representing themselves as chaplains with this department. If there is any question as to the receiving person’s intent, chaplains should verify that the person is desirous of spiritual counseling or guidance before engaging in such discussion. Chaplains may not accept gratuities for any service, or any subsequent actions or follow- up contacts that were provided while functioning as a chaplain for the Jeffersonville Police Department. 333.7.1 COMPLIANCE Chaplains are volunteer members of this department, and except as otherwise specified within this policy, are required to comply with the Volunteers Policy and other applicable policies. Jeffersonville Police Department Policy Manual Chaplains Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Chaplains - 194 333.7.2 OPERATIONAL GUIDELINES (a)Chaplains may be scheduled to be on-call for a period of seven consecutive days during each month, beginning on Monday and ending on the following Sunday. (b)Generally, each chaplain may serve with Jeffersonville Police Department personnel a minimum of eight hours per month. (c)At the end of each watch the chaplain will complete a chaplain shift report and submit it to the Chief of Police or the authorized designee. (d)Chaplains shall be permitted to ride with officers during any shift and observe Jeffersonville Police Department operations, provided the OIC has been notified and has approved the activity. (e)Chaplains shall not be evaluators of members of the Department. (f)In responding to incidents, a chaplain shall never function as an officer. (g)When responding to in-progress calls for service, chaplains may be required to stand-by in a secure area until the situation has been deemed safe. (h)Chaplains shall serve only within the jurisdiction of the Jeffersonville Police Department unless otherwise authorized by the Chief of Police or the authorized designee. (i)Each chaplain shall have access to current department member rosters, addresses, telephone numbers, duty assignments and other information that may assist in his/her duties. Such information will be considered confidential and each chaplain will exercise appropriate security measures to prevent unauthorized access to the data. 333.7.3 ASSISTING DEPARTMENT MEMBERS The responsibilities of a chaplain related to department members include, but are not limited to: (a)Assisting in making notification to families of members who have been seriously injured or killed and, after notification, responding to the hospital or home of the member. (b)Visiting sick or injured members in the hospital or at home. (c)Attending and participating, when requested, in funerals of active or retired members. (d)Serving as a resource for members who are dealing with the public during significant incidents (e.g., accidental deaths, suicides, suicidal subjects, serious accidents, drug and alcohol abuse). (e)Providing counseling and support for members and their families. (f)Being alert to the needs of members and their families. 333.7.4 ASSISTING THE DEPARTMENT The responsibilities of a chaplain related to this department include, but are not limited to: (a)Assisting members in defusing a conflict or incident, when requested. Jeffersonville Police Department Policy Manual Chaplains Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Chaplains - 195 (b)Responding to any significant incident (e.g., natural and accidental deaths, suicides and attempted suicides, family disturbances) in which the OIC believes the chaplain could assist in accomplishing the mission of the Department. (c)Responding to all major disasters, such as natural disasters, bombings and similar critical incidents. (d)Being on-call and, if possible, on-duty during major demonstrations or any public function that requires the presence of a large number of department members. (e)Attending department and academy graduations, ceremonies and social events and offering invocations and benedictions, as requested. (f)Participating in in-service training classes. (g)Training others to enhance the effectiveness of the Department. 333.7.5 ASSISTING THE COMMUNITY The duties of a chaplain related to the community include, but are not limited to: (a)Fostering familiarity with the role of law enforcement in the community. (b)Providing an additional link between the community, other chaplain coordinators and the Department. (c)Providing a liaison with various civic, business and religious organizations. (d)Promptly facilitating requests for representatives or leaders of various denominations. (e)Assisting the community in any other function, as needed or requested. (f)Making referrals in cases where specialized attention is needed or in cases that are beyond the chaplain's ability to assist. 333.7.6 CHAPLAIN MEETINGS All chaplains are required to attend scheduled meetings. Any absences must be satisfactorily explained to the chaplain coordinator. 333.8 PRIVILEGED COMMUNICATIONS No person who provides chaplain services to members of the Department may work or volunteer for the Jeffersonville Police Department in any capacity other than that of chaplain. Department chaplains shall be familiar with state evidentiary laws and rules pertaining to the limits of the clergy-penitent, psychotherapist-patient and other potentially applicable privileges and shall inform members when it appears reasonably likely that the member is discussing matters that are not subject to privileged communications. In such cases, the chaplain should consider referring the member to a non-department counseling resource. Jeffersonville Police Department Policy Manual Chaplains Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Chaplains - 196 No chaplain shall provide counsel to or receive confidential communications from any Jeffersonville Police Department member concerning an incident personally witnessed by the chaplain or concerning an incident involving the chaplain. 333.9 TRAINING The Departmentmay establish a minimum number of training hours and standards for department chaplains. The training, as approved by the Training Commander, may include: •Stress management •Death notifications •Symptoms of post-traumatic stress •Burnout for members of law enforcement and chaplains •Legal liability and confidentiality •Ethics •Responding to crisis situations •The law enforcement family •Substance abuse •Officer injury or death •Sensitivity and diversity Policy 334 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Child and Dependent Adult Safety - 197 Child and Dependent Adult Safety 334.1 PURPOSE AND SCOPE This policy provides guidelines to ensure that children and dependent adults are not left without appropriate care in the event their caregiver or guardian is arrested or otherwise prevented from providing care due to actions taken by members of this department. This policy does not address the actions to be taken during the course of a child abuse or dependent adult investigation. These are covered in the Child Abuse and Adult Abuse policies. 334.2 POLICY It is the policy of this department to mitigate, to the extent reasonably possible, the stressful experience individuals may have when their parent or caregiver is arrested. The Jeffersonville Police Department will endeavor to create a strong, cooperative relationship with local, state and community-based social services to ensure an effective, collaborative response that addresses the needs of those affected, including call-out availability and follow-up responsibilities. 334.3 PROCEDURES DURING AN ARREST When encountering an arrest or prolonged detention situation, officers should make reasonable attempts to determine if the arrestee is responsible for children or dependent adults. In some cases this may be obvious, such as when children or dependent adults are present. However, officers should inquire if the arrestee has caregiver responsibilities for any children or dependent adults who are without appropriate supervision. The following steps should be taken: (a)Inquire about and confirm the location of any children or dependent adults. (b)Look for evidence of children and dependent adults. Officers should be mindful that some arrestees may conceal the fact that they have a dependent for fear the individual may be taken from them. (c)Consider inquiring of witnesses, neighbors, friends and relatives of the arrestee as to whether the person is responsible for a child or dependent adult. Whenever reasonably possible, officers should consider reasonable alternatives to arresting a parent, guardian or caregiver in the presence of his/her child or dependent adult. Whenever it is safe to do so, officers should allow the parent or caregiver to assure children or dependent adults that they will be provided care. If this is not safe or if the demeanor of the parent or caregiver suggests this conversation would be nonproductive, the officer at the scene should explain the reason for the arrest in age-appropriate language and offer reassurance to the child or dependent adult that he/she will receive appropriate care. 334.3.1 AFTER AN ARREST Whenever an arrest is made, the officer should take all reasonable steps to ensure the safety of the arrestee’s disclosed or discovered children or dependent adults. Jeffersonville Police Department Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Child and Dependent Adult Safety - 198 Officers should allow the arrestee reasonable time to arrange for care of children and dependent adults. Temporary placement with family or friends may be appropriate. However, any decision should give priority to a care solution that is in the best interest of the child or dependent adult. In such cases the following guidelines should be followed: (a)Allow the person reasonable time to arrange for the care of children and dependent adults with a responsible party, as appropriate. (b)Unless there is evidence that it would not be in the dependent person’s best interest (e.g., signs of abuse, drug use, unsafe environment),officers should respect the parent or caregiver’s judgment regarding arrangements for care. It is generally best if the child or dependent adult remains with relatives or family friends that he/she knows and trusts because familiarity with surroundings and consideration for comfort, emotional state and safety are important. 1.Except when a court order exists limiting contact, the officer should attempt to locate and place children or dependent adults with the non-arrested parent, guardian or caregiver. (c)Provide for the immediate supervision of children or dependent adults until an appropriate caregiver arrives. (d)Notify the Department of Child Services or Adult Protective Services, if appropriate. (e)Notify the field supervisor or Uniform Patrol Commander of the disposition of children or dependent adults. If children or dependent adults are at school or another known location outside the household at the time of arrest, the arresting officer should attempt to contact the school or other known location and inform the principal or appropriate responsible adult of the caregiver’s arrest and of the arrangements being made for the care of the arrestee’s dependent. The result of such actions should be documented in the associated report. 334.3.2 DURING THE BOOKING PROCESS During the booking process, the arrestee should be allowed to make telephone calls to arrange for the care of any child or dependent adult in accordance with the Temporary Custody of Adults Policy. If an arrestee is unable to arrange for the care of any child or dependent adult through this process or circumstances prevent them from making such arrangements (e.g., their behavior prevents reasonable accommodations for making necessary calls), a supervisor should be contacted to determine the appropriate steps to arrange for care. These steps may include additional telephone calls or contacting a local, county or state services agency. 334.3.3 REPORTING (a)For all arrests where children are present or living in the household, the reporting member will document the following information: Jeffersonville Police Department Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Child and Dependent Adult Safety - 199 1.Name 2.Sex 3.Age 4.Special needs (e.g., medical, mental health) 5.How, where and with whom or which agency the child was placed 6.Identities and contact information for other potential caregivers 7.Notifications made to other adults (e.g., schools, relatives (b)For all arrests where dependent adults are present or living in the household, the reporting member will document the following information: 1.Name 2.Sex 3.Age 4.Whether the person reasonably appears able to care for him/herself 5.Disposition or placement information if he/she is unable to care for him/herself 334.3.4 SUPPORT AND COUNSELING REFERRAL If, in the judgment of the handling officers, the child or dependent adult would benefit from additional assistance, such as counseling services, contact with a victim advocate or a crisis response telephone number, the appropriate referral information may be provided. 334.4 DEPENDENT WELFARE SERVICES Whenever an arrestee is unwilling or incapable of arranging for the appropriate care of any child or dependent adult, the handling officer should contact the appropriate welfare service or other department-approved social service agency to determine whether protective custody is appropriate. Only when other reasonable options are exhausted should a child or dependent adult be transported to the police facility, transported in a marked law enforcement vehicle or taken into formal protective custody. Under no circumstances should a child or dependent adult be left unattended or without appropriate care. 334.5 TRAINING The Training Commander is responsible for ensuring that all members of this department who may be involved in arrests affecting children or dependent adults receive approved training on effective safety measures when a parent, guardian or caregiver is arrested. Policy 335 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Service Animals - 200 Service Animals 335.1 PURPOSE AND SCOPE The purpose of this policy is to provide the guidelines necessary to ensure that the rights of individuals who use service animals to assist with disabilities are protected in accordance with Title II of the Americans with Disabilities Act of 1990 (ADA). 335.1.1 DEFINITIONS Definitions related to this policy include: Service animal - A dog that is trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. The work or tasks performed by a service animal must be directly related to the individual's disability (28 CFR 35.104; I.C. § 16-32-3-1.5). Service animal also includes a miniature horse if the horse is trained to do work or perform tasks for people with disabilities, provided the horse is housebroken, is under the handler’s control, the facility can accommodate the horse’s type, size and weight, and the horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility (28 CFR 35.136(i)). 335.2 POLICY It is the policy of the Jeffersonville Police Department to provide services and access to persons with service animals in the same manner as those without service animals. Department members shall protect the rights of persons assisted by service animals in accordance with state and federal law. 335.3 IDENTIFICATION AND USE OF SERVICE ANIMALS Some service animals may be readily identifiable. However, many do not have a distinctive symbol, harness or collar. Service animals may be used in a number of ways to provide assistance, including: •Guiding people who are blind or have low vision. •Alerting people who are deaf or hard of hearing. •Retrieving or picking up items, opening doors or flipping switches for people who have limited use of their hands, arms or legs. •Pulling wheelchairs. •Providing physical support and assisting with stability and balance. •Doing work or performing tasks for persons with traumatic brain injury, intellectual disabilities or psychiatric disabilities, such as reminding a person with depression to take medication. Jeffersonville Police Department Policy Manual Service Animals Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Service Animals - 201 •Alerting a person with anxiety to the onset of panic attacks, providing tactile stimulation to calm a person with post-traumatic stress disorder, assisting people with schizophrenia to distinguish between hallucinations and reality, and helping people with traumatic brain injury to locate misplaced items or follow daily routines. 335.4 MEMBER RESPONSIBILITIES Service animals that are assisting individuals with disabilities are permitted in all public facilities and areas where the general public is allowed. Department members are expected to treat individuals with service animals with the same courtesy and respect that the Jeffersonville Police Department affords to all members of the public (28 CFR 35.136). 335.4.1 INQUIRY If it is apparent or if a member is aware that an animal is a service animal, the individual generally should not be asked any questions as to the status of the animal. If it is unclear whether an animal meets the definition of a service animal, the member should ask the individual only the following questions (28 CFR 35.136(f)): •Is the animal required because of a disability? •What task or service has the service animal been trained to perform? If the individual explains that the animal is required because of a disability and has been trained to work or perform at least one task, the animal meets the definition of a service animal and no further questions as to the animal’s status should be asked. The individual should not be questioned about his/her disability nor should the person be asked to provide any license, certification or identification card for the service animal. 335.4.2 CONTACT Service animals are not pets. Department members should not interfere with the important work performed by a service animal by talking to, petting or otherwise initiating contact with a service animal. 335.4.3 REMOVAL If a service animal is not housebroken or exhibits vicious behavior, poses a direct threat to the health of others, or unreasonably disrupts or interferes with normal business operations, an officer may direct the handler to remove the animal from the premises. Barking alone is not a threat nor does a direct threat exist if the person takes prompt, effective action to control the service animal (28 CFR 35.136(b)). Each incident must be considered individually and past incidents alone are not cause for excluding a service animal. Removal of a service animal may not be used as a reason to refuse service to an individual with disabilities. Members of this department are expected to provide all services that are reasonably available to an individual with a disability, with or without a service animal. Jeffersonville Police Department Policy Manual Service Animals Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Service Animals - 202 335.4.4 COMPLAINTS When handling calls of a complaint regarding a service animal, members of this department should remain neutral and should be prepared to explain the ADA requirements concerning service animals to the concerned parties. Businesses are required to allow service animals to accompany their handlers into the same areas that other customers or members of the public are allowed (28 CFR 36.302). Absent a violation of law independent of the ADA, officers should take no enforcement action beyond keeping the peace. Individuals who believe they have been discriminated against as a result of a disability should be referred to the Civil Rights Division of the U.S. Department of Justice (DOJ). Policy 336 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Native American Graves Protection and Repatriation - 203 Native American Graves Protection and Repatriation 336.1 PURPOSE AND SCOPE This policy is intended ensure the protection and security of ancient or historic grave sites, including notification of personnel responsible for cultural items, in compliance with the Native American Graves Protection and Repatriation Act (NAGPRA) (25 USC § 3001 et seq.). 336.1.1 DEFINITIONS Definitions related to this policy include (43 CFR 10.2): Native American human remains - The physical remains of the body of a person of Native American ancestry. Funerary objects and associated funerary objects - Objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed intentionally at the time of death or later with or near individual human remains, or that were made exclusively for burial purposes or to contain human remains. Sacred objects - Specific ceremonial objects needed by traditional Native American religious leaders for the practice of traditional Native American religions. Objects of cultural patrimony - Objects having ongoing historical, traditional or cultural importance that is central to the Native American group or culture itself and therefore cannot be appropriated or conveyed by any individual, including members of the Native American group or Native Hawaiian organization. Such objects must have been considered inalienable by the Native American group at the time the object was separated from the group. 336.2 POLICY It is the policy of the Jeffersonville Police Department that the protection of Native American human remains, funerary objects, associated funerary objects, sacred objects or objects of cultural patrimony is the responsibility of all members. Such protection includes minimizing destruction, contamination, inadvertent disruption or complicated custody transfer processes. 336.3 COMPLIANCE WITH THE NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT Upon discovery or arrival upon a scene where it reasonably appears that a Native American grave, human remains, funerary objects, associated funerary objects, sacred objects or objects of cultural patrimony are exposed or otherwise unsecured, members shall secure the site in the same manner as a crime scene. All activity at the scene other than scene preservation activity must cease (43 CFR 10.4). No photography or video recording may be permitted by the media or any group or individual who may wish to exhibit the remains. Jeffersonville Police Department Policy Manual Native American Graves Protection and Repatriation Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Native American Graves Protection and Repatriation - 204 Without delay, the appropriate agency or group shall be notified to respond and take control of the scene. These include the following (43 CFR 10.4): •Federal land - Appropriate agency at the U.S. Department of the Interior or U.S. Department of Agriculture •State land - Indiana Department of Natural Resources, Natural Resources Commission •Tribal land - Responsible Indian tribal official 336.4 EVIDENCE AND PROPERTY If the location has been investigated as a possible homicide scene prior to identification as a NAGPRA site, investigators shall work with other appropriate agencies and individuals to ensure the proper transfer and repatriation of any material collected. Members shall ensure that any remains or artifacts located at the site are expediently processed (43 CFR 10.6). 336.5 TREATMENT AND DISPOSITION OF HUMAN REMAINS This department shall cooperate with other government agencies, the Indiana Department of Natural Resources and the Indiana Division of Historic Preservation and Archeology to carry out any provisions of state law (312 I.A.C. 22-3-9). Policy 337 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Off-Duty Law Enforcement Actions - 205 Off-Duty Law Enforcement Actions 337.1 PURPOSE AND SCOPE This policy is intended to provide guidelines for officers of the Jeffersonville Police Department with respect to taking law enforcement action while off-duty. 337.2 POLICY It is the policy of the Jeffersonville Police Department that officers generally should not initiate law enforcement action while off-duty. Officers are not expected to place themselves in unreasonable peril and should first consider reporting and monitoring the activity. However, any officer who becomes aware of an incident or circumstance that he/she reasonably believes poses an imminent threat of serious bodily injury or death, or significant property damage or loss, may take reasonable action to minimize or eliminate the threat. 337.3 DECISION TO INTERVENE There is no legal requirement for off-duty officers to take law enforcement action. Officers should consider waiting for on-duty uniformed law enforcement personnel to arrive and while gathering as much accurate intelligence as possible, instead of immediately intervening. However, if an officer decides to intervene, he/she must evaluate whether the action is necessary or desirable, and should take into consideration: (a)The potential to be misidentified by other law enforcement personnel. (b)The potential to be misidentified by members of the public, who may be armed or who may take action. (c)The tactical disadvantage of being alone and the possibility of multiple or hidden suspects. (d)Limited off-duty firearms capabilities and ammunition. (e)The inability to communicate with responding law enforcement personnel. (f)The lack of equipment, such as body armor, handcuffs or control devices. (g)Unfamiliarity with the surroundings, including escape routes. (h)The potential for increased risk to bystanders by confronting a suspect or taking action. 337.3.1 INTERVENTION PROCEDURE If involvement is reasonably necessary, the officer should attempt to call or have someone else call 9-1-1 to request immediate assistance. If possible, the dispatcher receiving the call should obtain a description of the off-duty officer from the caller and broadcast that information to responding officers. Whenever practicable, the officer should loudly and repeatedly identify him/herself as an officer with the Jeffersonville Police Department until acknowledged. Official identification should also be displayed when possible. Jeffersonville Police Department Policy Manual Off-Duty Law Enforcement Actions Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Off-Duty Law Enforcement Actions - 206 337.4 CONSIDERATIONS When encountering a non-uniformed officer in public, uniformed officer should wait for acknowledgement by the non-uniformed officer in case he/she is working in an undercover capacity. 337.4.1 CIVILIAN RESPONSIBILITIES Civilian members should not become involved in any law enforcement action while off-duty except to notify the local law enforcement authority and remain at the scene, if safe and practicable. 337.4.2 INCIDENTS OF PERSONAL INTEREST Department members should refrain from handling incidents of personal interest (e.g., family or neighbor disputes) and should remain neutral. In such circumstances members should call the responsible agency to handle the matter. 337.5 REPORTING If prior notification to the appropriate local law enforcement agency is not reasonably possible before taking action, the officer shall notify the agency as soon as reasonably practicable. Officers shall cooperate fully with the agency having jurisdiction by providing statements or reports as requested or as appropriate. Officers shall notify the OIC regarding any law enforcement action taken while off-duty. The OIC may send a supervisor to the location. The supervisor may request assistance from the Detective Division, if deemed appropriate. The OIC shall determine whether a criminal or administrative report should be completed by the involved officer. Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Patrol Operations - 207 Chapter 4 - Patrol Operations Policy 400 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Patrol - 208 Patrol 400.1 PURPOSE AND SCOPE The purpose of this policy is to define the patrol function and address intraorganizational cooperation and information sharing. 400.2 POLICY The Jeffersonville Police Department provides patrol services 24 hours a day, seven days a week and will prioritize responses to requests for emergency services using available resources to enhance the safety of the public and department members. 400.3 FUNCTION Patrol will generally be conducted by uniformed officers in clearly marked law enforcement vehicles in assigned jurisdictional areas of Jeffersonville. The function of patrol is to respond to calls for assistance and reports of criminal activity, act as a deterrent to crime, enforce state and local laws, identify community needs, provide support and assistance to the community and respond to emergencies. Patrol services include, but are not limited to: (a)Responding to emergency calls for service. (b)Apprehending criminal offenders. (c)Providing mutual aid and assistance to other agencies for emergency and law enforcement- related activities. (d)Patrol that is directed at the prevention of criminal acts, traffic violations and collisions, the maintenance of public order and the discovery of hazardous situations or conditions. (e)Responding to reports of both criminal and non-criminal acts. (f)Responding to routine calls for service, such as public assistance or public safety. (g)Traffic direction and control. (h)Crime prevention activities, such as residential inspections, business inspections and community presentations. (i)Community-oriented policing and problem-solving activities including the application of resources to improve or resolve specific problems or situations and contacting or assisting members of the public in a positive way. (j)The application of resources to specific problems or situations within the community that may be improved or resolved by community-oriented policing and problem-solving strategies. Jeffersonville Police Department Policy Manual Patrol Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Patrol - 209 400.4 INFORMATION SHARING To the extent feasible, all information relevant to the mission of the Department should be shared among all divisions and specialized units on a timely basis. Members should be provided with opportunities on a regular basis to share information. Additionally, information should be shared with outside agencies and the public in conformance with department policies and applicable laws. Members are encouraged to share information with other units and divisions. Additionally, information should be shared with outside agencies and the public in conformance with department policies and applicable laws. 400.5 CROWDS, EVENTS AND GATHERINGS Officers may encounter gatherings of people, including, but not limited to, civil demonstrations, public displays, parades, sporting events and civic, social and business events. Officers should monitor such events as time permits in an effort to keep the peace and protect the safety and rights of those present. A patrol supervisor should be notified when it becomes reasonably foreseeable that such an event may require increased monitoring, contact or intervention. Officers responding to an event or gathering that warrants law enforcement involvement should carefully balance the speech and association rights of those present with applicable public safety concerns before taking enforcement action. Generally, officers should consider seeking compliance through advisements and warnings for minor violations, and should reserve greater enforcement options for more serious violations or when voluntary compliance with the law is not achieved. Officers are encouraged to contact organizers or responsible persons to seek voluntary compliance that may address relevant public safety concerns. Policy 401 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Racial or Bias-Based Profiling - 210 Racial or Bias-Based Profiling 401.1 PURPOSE AND SCOPE This policy provides guidance to department members and establishes appropriate controls to ensure that members of the Jeffersonville Police Department do not engage in racial or bias-based profiling or violate any related laws while serving the community. 401.1.1 DEFINITIONS Definitions related to this policy include: Racial or bias-based profiling - An inappropriate reliance on factors such as race, ethnicity, national origin, religion, sex, sexual orientation, economic status, age, cultural group, disability or affiliation with any other similar identifiable group as a factor in deciding whether to take law enforcement action or to provide service. 401.2 POLICY The Jeffersonville Police Department is committed to providing law enforcement services to the community with due regard for the racial, cultural or other differences of those served. It is the policy of this department to provide law enforcement services and to enforce the law equally, fairly and without discrimination toward any individual or group. Race, ethnicity or nationality, religion, sex, sexual orientation, economic status, age, cultural group, disability or affiliation with any other similar identifiable group shall not be used as the basis for providing differing levels of law enforcement service or the enforcement of the law. 401.3 RACIAL/BIAS-BASED PROFILING PROHIBITED Racial or bias-based profiling is strictly prohibited. However, nothing in this policy is intended to prohibit an officer from considering factors such as race or ethnicity in combination with other legitimate factors to establish reasonable suspicion or probable cause (e.g., suspect description is limited to a specific race or group). 401.4 MEMBER RESPONSIBILITIES Every member of this department shall perform his/her duties in a fair and objective manner and is responsible for promptly reporting any known instances of racial or bias-based profiling to a supervisor. 401.4.1 REASON FOR DETENTION Officers detaining a person shall be prepared to articulate sufficient reason for a lawful detention, independent of the individual’s membership in a protected class. To the extent that written documentation would otherwise be completed (e.g., arrest report, field interview (FI) card), the involved officer should include those facts giving rise to the authority for the detention, as applicable. Jeffersonville Police Department Policy Manual Racial or Bias-Based Profiling Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Racial or Bias-Based Profiling - 211 Nothing in this policy shall require any officer to document a contact that would not otherwise require reporting. 401.4.2 REPORTING TRAFFIC STOPS Each time an officer makes a traffic stop, the officer shall report any information as required in the Traffic and Parking Citations Policy. 401.5 SUPERVISOR RESPONSIBILITIES Supervisors shall monitor those individuals under their command for any behavior that may conflict with the purpose of this policy and shall handle any alleged or observed violation of this policy in accordance with the Personnel Complaints Policy. (a)Supervisors should discuss any issues with the involved officer and his/her supervisor in a timely manner. (b)Supervisors should periodically review Mobile Audio/Video (MAV) recordings, Computer Aided Dispatch (CAD) data and any other available resource used to document contact between officers and the public to ensure compliance with this policy. 1.Supervisors should document these periodic reviews. 2.Recordings or data that capture a potential instance of racial or bias-based profiling should be appropriately retained for administrative investigation purposes. (c)Supervisors shall initiate investigations of any actual or alleged violations of this policy. (d)Supervisors should ensure that no retaliatory action is taken against any member of this department who discloses information concerning racial or bias-based profiling. 401.6 ADMINISTRATION The Uniform Patrol Commander shall review the efforts of the Department to prevent racial or bias-based profiling and submit an annual report, including public concerns and complaints, to the Chief of Police. The annual report should not contain any identifying information regarding any specific complaint, member of the public or officer. It should be reviewed by the Chief of Police to identify any changes in training or operations that should be made to improve service. Supervisors shall review department information and the annual report and discuss the results with those they are assigned to supervise. 401.7 TRAINING Training on racial or bias-based profiling and review of this policy should be conducted as directed by the Training Commander. Policy 402 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Roll call - 212 Roll call 402.1 PURPOSE AND SCOPE This policy discusses the activity of roll call and includes the tasks that should be accomplished during this short period. 402.2 POLICY Roll call is intended to facilitate the accurate flow of information in order to enhance coordination of activities, improve performance and safety, and outline the expected actions of members. 402.3 ROLL CALL All divisions and specialized units will conduct regular roll call to discuss, disseminate and exchange information among department members, work groups and other organizations. A supervisor will conduct roll call. Roll call should include, but is not limited to: (a)Providing members with information regarding daily activities, with particular attention given to changes in the status of the following: 1.Wanted persons 2.Crime patterns 3.Suspect descriptions 4.Intelligence reports and photographs 5.Community issues affecting law enforcement 6.Major investigations (b)Notifying members of changes in schedules and assignments. (c)Reviewing recent incidents for situational awareness and training purposes. (d)Providing training on a variety of subjects. (e)Periodic personnel inspections. Supervisors should also ensure that all members are informed about General Orders and any recent policy changes. 402.3.1 RETENTION OF ROLL CALL TRAINING RECORDS Roll call training materials and a curriculum or summary shall be forwarded to the Training Commander for inclusion in training records, as appropriate. 402.4 PREPARATION OF MATERIALS The supervisor conducting roll call is responsible for preparation of the materials necessary for a constructive roll call. Jeffersonville Police Department Policy Manual Roll call Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Roll call - 213 402.5 TRAINING Roll call training should incorporate short segments on a variety of subjects or topics and may include: (a)Review and discussion of new or updated policies. (b)Presentation and discussion of the proper application of existing policy to routine daily activities. (c)Presentation and discussion of the proper application of existing policy to unusual activities. (d)Review of recent incidents for training purposes. Roll call training materials and a curriculum or summary shall be forwarded to the Training Commander for inclusion in training records, as appropriate. Policy 403 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Crime and Disaster Scene Integrity - 214 Crime and Disaster Scene Integrity 403.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance in handling a major crime or disaster. 403.2 POLICY It is the policy of the Jeffersonville Police Department to secure crime or disaster scenes so that evidence is preserved, and to identify and mitigate the dangers associated with a major crime or disaster scene for the safety of the community and those required to enter or work near the scene. 403.3 SCENE RESPONSIBILITY The first officer at the scene of a crime or major incident is generally responsible for the immediate safety of the public and preservation of the scene. Officers shall also consider officer safety and the safety of those persons entering or exiting the area, including those rendering medical aid to any injured parties. Once an officer has assumed or been assigned to maintain the integrity and security of the crime or disaster scene, it shall be maintained until the officer is properly relieved by a supervisor or other designated person. 403.4 FIRST RESPONDER CONSIDERATIONS The following list generally describes the first responder’s function at a crime or disaster scene. This list is not intended to be all-inclusive, is not necessarily in order and may be altered according to the demands of each situation: (a)Broadcast emergency information, including requests for additional assistance and resources. (b)Provide for the general safety of those within the immediate area by mitigating, reducing or eliminating threats or dangers. (c)Locate or identify suspects and determine whether dangerous suspects are still within the area. (d)Provide first aid to injured parties if it can be done safely. (e)Evacuate the location safely as required or appropriate. (f)Secure the inner perimeter. (g)Protect items of apparent evidentiary value. (h)Secure an outer perimeter. (i)Identify potential witnesses. (j)Start a chronological log noting critical times and personnel allowed access. Jeffersonville Police Department Policy Manual Crime and Disaster Scene Integrity Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Crime and Disaster Scene Integrity - 215 403.5 SEARCHES Officers arriving at crime or disaster scenes are often faced with the immediate need to search for and render aid to victims, and to determine if suspects are present and continue to pose a threat. Once officers are satisfied that no additional suspects are present and/or there are no injured persons to be treated, those exigent circumstances will likely no longer exist. Officers should thereafter secure the scene and conduct no further search until additional or alternate authority for the search is obtained, such as consent or a search warrant. 403.5.1 CONSENT When possible, officers should seek written consent to search from authorized individuals. However, in the case of serious crimes or major investigations, it may be prudent to also obtain a search warrant. Consent as an additional authorization may be sought, even in cases where a search warrant has been granted. 403.6 EXECUTION OF HEALTH ORDERS Any officer of this department is authorized to enforce lawful orders of the local health officer that have been issued for the purpose of preventing the spread of any contagious, infectious or communicable disease (I.C. § 16-41-9-1.5). 403.7 METHAMPHETAMINE LABORATORY REPORTING Any officer that terminates the operation of a methamphetamine laboratory shall report the location of the laboratory to (I.C. § 5-2-15-3): (a)The state police department. (b)Any fire department that serves the area where the laboratory is located. (c)The county health department where the laboratory is located. (d)The Indiana Criminal Justice Institute. Officers shall utilize the forms provided by the Superintendent of the Indiana State Police when reporting the existence of a methamphetamine laboratory (I.C. § 10-11-2-31). Policy 404 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Special Weapons and Tactics Team - 216 Special Weapons and Tactics Team 404.1 PURPOSE AND SCOPE This policy provides guidelines for the specialized support of the Special Weapons and Tactics Team (SWAT) in handling critical field operations where special tactical deployment methods or intense negotiations are beyond the capacity of field officers. 404.1.1 DEFINITIONS Definitions related to this policy include: Negotiation team - Designated officers, including those in a multijurisdictional team, who are specifically trained and equipped to provide skilled verbal communications to de-escalate or effect surrender in situations where suspects have taken hostages or barricaded themselves or who are suicidal. Tactical team - Designated officers, including those in a multijurisdictional team, who are specifically trained and equipped to resolve critical incidents that are so hazardous, complex or unusual that they may exceed the capabilities of first responders or investigators. This includes, but is not limited to, hostage taking, barricaded suspects, snipers, terrorist acts and other high-risk incidents. As a matter of department policy, a tactical team may also be used to serve high-risk warrants, both search and arrest, where public and officer safety issues necessitate such use. 404.2 POLICY It shall be the policy of the Jeffersonville Police Department to maintain a SWAT, either internally or through participation in a regional team, comprised of negotiation and tactical teams, and to provide the equipment, manpower and training necessary to maintain such teams. The SWAT should develop sufficient resources to perform three basic operational functions: (a)Command and control (b)Containment (c)Entry/apprehension/rescue 404.3 CAPABILITIES This department acknowledges that training needs may vary based on the experience level of team members, team administrators and potential incident commanders. Therefore, with the preservation of innocent human life being paramount, nothing in this policy shall prohibit individual teams from responding to a situation that exceeds their training level due to the exigency of the circumstances. 404.4 MANAGEMENT AND SUPERVISION Under the direction of the Chief of Police, through the Uniform Patrol Commander, the SWAT shall be managed by the appointed SWAT Commander. The SWAT Commander shall be selected by the Chief of Police upon recommendation of command staff. Jeffersonville Police Department Policy Manual Special Weapons and Tactics Team Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Special Weapons and Tactics Team - 217 404.4.1 ASSISTANT SWAT COMMANDER The negotiation team and tactical team will be under the direction of designated team supervisors, who shall be selected by the Chief of Police upon specific recommendation by command staff and the SWAT Commander. The primary responsibility of the team supervisors is to oversee the operation of their teams, which includes deployment, training, first-line supervisor participation and other duties as directed by the SWAT Commander. 404.5 READINESS An operational readiness assessment should be conducted to determine the type and extent of SWAT missions and operations appropriate to this department. The assessment should consider the capabilities, training and limitations of the SWAT and should be reviewed annually by the SWAT Commander or the authorized designee. 404.5.1 EQUIPMENT INSPECTIONS The SWAT Commander shall appoint a team supervisor to perform operational readiness inspections of all SWAT equipment at least annually. The result of the inspection will be forwarded to the SWAT Commander in writing. The inspections will include personal equipment issued to members of the SWAT, operational equipment maintained in the SWAT facility and equipment maintained or used in SWAT vehicles. 404.5.2 MULTIJURISDICTIONAL OPERATIONS The SWAT, including any relevant specialized teams and supporting resources, should develop protocols, agreements, memorandums of understanding (MOUs) or working relationships to support multijurisdictional or regional responses. (a)If it is anticipated that multijurisdictional SWAT operations will regularly be conducted, multi- agency and multidisciplinary joint training exercises should occur. (b)Members of the Jeffersonville Police Department SWAT shall operate under the policies, procedures and command of the Jeffersonville Police Department when working in a multi- agency situation. 404.6 PROCEDURES Situations that necessitate the need for a SWAT response vary greatly from incident to incident and often demand on-scene evaluation. The guidelines allow for appropriate on-scene decision- making and development of organizational and operational procedures. 404.6.1 ORGANIZATIONAL PROCEDURES The Department shall develop a separate written set of organizational procedures that should address, at a minimum: (a)Specific missions the SWAT is capable of performing. (b)SWAT organization and function. Jeffersonville Police Department Policy Manual Special Weapons and Tactics Team Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Special Weapons and Tactics Team - 218 (c)Member selection, retention and termination criteria. (d)Training and required competencies, including record production and retention. (e)Procedures for notification, activation, deactivation and deployment. (f)Command and control issues, including a clearly defined command structure and dedicated lines of communication. (g)Multi-agency response. (h)Out-of-jurisdiction response. (i)Specialized functions and supporting resources. 404.6.2 OPERATIONAL PROCEDURES The Department shall develop a separate written set of operational procedures in accordance with the determination of the SWAT’s level of capability, using sound risk-reduction practices. The operational procedures should be patterned after the National Tactical Officers Association’s (NTOA) SWAT Standard for Law Enforcement Agencies. Because such procedures are specific to SWAT members and outline negotiation, tactical and officer safety issues, they are not included within this policy. The operational procedures should include, at a minimum: (a)Designation of members who are responsible for developing an operational or tactical plan prior to, and/or during SWAT operations (time permitting). 1.All SWAT members should have an understanding of operational planning. 2.SWAT training should include planning for both spontaneous and planned events. 3.SWAT planning should incorporate medical emergency contingency plans as part of the SWAT operational plan. (b)Plans for mission briefings conducted prior to an operation, unless circumstances require immediate deployment. 1.When possible, briefings should include the specialized teams, certified tactical dispatchers and other supporting personnel. (c)Protocols for a sustained operation to be developed that may include relief, rotation of members and augmentation of personnel and resources. (d)A generic checklist to be worked through prior to initiating a tactical action as a means of conducting a threat assessment to determine the appropriate response and resources necessary, including the use of the SWAT. (e)Roles for the negotiations team and negotiators. (f)A standard method of determining whether a warrant should be regarded as high risk. Jeffersonville Police Department Policy Manual Special Weapons and Tactics Team Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Special Weapons and Tactics Team - 219 (g)A method for deciding how best to serve a high-risk warrant with all reasonably foreseeable alternatives being reviewed in accordance with risk/benefit criteria prior to selecting the method of response. (h)Protocols for post-incident scene management, including: 1.Documentation of the incident. 2.Transition to investigations and/or other divisions. 3.Debriefing after every deployment of the SWAT. (a)After-action team debriefing provides evaluation and analysis of critical incidents, affords the opportunity for individual and team assessments, helps to identify training needs and reinforces sound risk management practices. (b)Such debriefing should not be conducted until involved members have had the opportunity to individually complete necessary reports or provide formal statements. (c)In order to maintain candor and a meaningful exchange, debriefing will generally not be recorded. (d)When appropriate, debriefing should include specialized teams and supporting or assisting personnel. (i)A sound risk management analysis. (j)Standardization of equipment deployed. 404.7 OPERATIONAL GUIDELINES The following are guidelines for the operational deployment of the SWAT. Generally, the tactical team and the negotiation team will be activated together. It is recognized, however, that the teams can be activated independently as circumstances dictate. The tactical team may be used in a situation not requiring the physical presence of the negotiation team, such as warrant service operations. The negotiation team may be used in a situation not requiring the physical presence of the tactical team, such as handling a suicidal person. Operational deployment of the specialized teams shall be at the discretion of the SWAT Commander. 404.7.1 APPROPRIATE USE Incidents that may result in the activation of the SWAT include: (a)Barricaded suspects who refuse an order to surrender. (b)Incidents where hostages are taken. (c)Individuals who are threatening suicide and have refused to surrender. (d)Arrests of potentially armed or dangerous persons. Jeffersonville Police Department Policy Manual Special Weapons and Tactics Team Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Special Weapons and Tactics Team - 220 (e)Any situation that could threaten or undermine the ability of the Department to preserve life, maintain social order and ensure the protection of persons or property. Requests by field personnel for assistance from crisis response units from another agency must be approved by the Uniform Patrol Commander. Deployment of the Jeffersonville Police Department SWAT in response to requests by other agencies must be authorized by the Chief of Police or his/her designee . 404.7.2 ON-SCENE DETERMINATION AND NOTIFICATION The supervisor-in-charge at the scene of a particular event will be designated as the Incident Commander and will assess whether the SWAT is to respond to the scene. With input from the Incident Commander, final determination will be made by the Uniform Patrol Commander, who shall then notify the SWAT Commander. If the SWAT Commander is unavailable, then a Assistant SWAT Commander shall be notified. The Uniform Patrol Commander should brief the SWAT Commander about the incident. Such information should include: (a)The type of crime involved. (b)The number of suspects, identity and criminal history. (c)The known weapons and resources available to the suspect. (d)If the suspect is in control of hostages and/or barricaded. (e)Whether contact has been made with the suspect and whether there have been demands. (f)If potential victims are still within the inner perimeter. (g)If the suspect has threatened or attempted suicide. (h)The location of the command post and a safe approach to it. (i)The extent of any inner or outer perimeter and the number of personnel involved. (j)Any other assets or resources at the scene including other involved agencies. (k)Any other important facts critical to the immediate situation. The SWAT Commander or team supervisor shall then follow current callout procedures. A current mobilization list shall be maintained in the Uniform Patrol Commander's office and Central Alarm by the SWAT Commander. The Uniform Patrol Commander will notify the Chief and Assistant Chief as soon as practicable. 404.7.3 FIELD PERSONNEL RESPONSIBILITIES While waiting for the SWAT to respond, field personnel should, if determined to be safe and practicable and sufficient resources exist: (a)Establish an arrest/response team in case the suspect takes action. The response team’s tasks may include: Jeffersonville Police Department Policy Manual Special Weapons and Tactics Team Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Special Weapons and Tactics Team - 221 1.Taking action to mitigate a deadly threat or behavior either inside or outside the location. 2.Securing any subject or suspect who may surrender or attempt to escape. (b)Evacuate any injured persons in the zone of danger. (c)Evacuate or provide safety instructions to other people in the zone of danger. (d)Establish an inner and outer perimeter. (e)Establish a command post outside of the inner perimeter. (f)Attempt to establish preliminary communication with the suspect. Once the SWAT has arrived, all negotiations should generally be halted to allow the negotiation and tactical teams time to organize, position and assume the appropriate roles and responsibilities. (g)Plan for and stage anticipated resources. 404.7.4 ON-SCENE COMMAND RESPONSIBILITIES Upon arrival of the SWAT at the scene, the Incident Commander shall brief the SWAT Commander and team supervisors. Upon review, it will be the SWAT Commander's decision, with input from the Incident Commander, whether to deploy the SWAT. Once the SWAT Commander authorizes deployment, the SWAT Commander or the authorized designee will be responsible for the tactical response and negotiations. The Incident Commander shall continue to supervise the command post operation, outer perimeter security, evacuation and media access and will support the SWAT. The Incident Commander and SWAT Commander or the authorized designee shall maintain direct communication at all times. 404.7.5 COMMUNICATIONS WITH SWAT MEMBERS All persons who are non-SWAT members should refrain from any non-emergency contact or interference with any SWAT member during active negotiations. SWAT operations require the utmost in concentration by involved members and, as a result, no one should interrupt or communicate with SWAT members directly. All non-emergency communications shall be channeled through the negotiation team or tactical team supervisor or the authorized designee. 404.8 TACTICAL TEAM ADMINISTRATIVE GUIDELINES The tactical team was established to provide a skilled and trained team for deployment to events that require specialized tactics, in situations where suspects have taken hostages and/or barricaded themselves, and in prolonged or predictable situations where persons who are armed or suspected of being armed pose a danger to themselves or others. The following procedures serve as directives for the administrative operation of the tactical team. Jeffersonville Police Department Policy Manual Special Weapons and Tactics Team Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Special Weapons and Tactics Team - 222 404.8.1 SELECTION OF TACTICAL MEMBERS I Those qualifying applicants will then be invited to participate in the testing process. The order of the tests will be at the discretion of the SWAT Commander. The testing process will consist of an oral interview, physical agility test, firearm qualification and team evaluation. (a)Oral interview: The oral interview will be conducted by individuals selected by the SWAT Commander. Applicants will be evaluated by certain criteria, which includes: 1.Recognized competence and ability, as evidenced by performance. 2.Demonstrated good judgment and understanding of the critical role of a tactical team member. 3.Special skills, training or appropriate education as it pertains to this assignment. 4.Commitment to the SWAT, realizing that the additional assignment may necessitate unusual working hours, conditions and training obligations. (b)Physical agility: The physical agility test is designed to determine the physical capabilities of the applicant as they relate to performance of tactical team-related duties. The test and scoring procedure will be established by the SWAT Commander. A minimum qualifying score shall be attained by the applicant to be considered for the position. (c)Firearm qualification: Candidates will be invited to shoot the SWAT qualification course for the handgun. A minimum qualifying score established by the Firearms Director must be attained to qualify. (d)Team evaluation: Current team members will evaluate each candidate on field tactical skills, teamwork, ability to work under stress, communication skills, judgment and any special skills that could benefit the team. (e)The SWAT Commander shall submit a list of successful applicants to command staff for final selection. 404.8.2 TACTICAL TRAINING Training shall be coordinated by the SWAT Commander. The SWAT Commander may conduct monthly training exercises that include a review and critique of members and their performance in the exercises, in addition to specialized training. Training shall consist of the following: (a)Each tactical team member shall perform a physical fitness test twice each year. A minimum qualifying score must be attained by each team member. (b)Any tactical team member failing to attain the minimum physical fitness qualification score will be notified of the requirement to retest. Within 30 days of the previous physical fitness test date, the member required to qualify shall report to a team supervisor and complete the physical fitness test. Failure to qualify after a second attempt may result in dismissal from the team. Jeffersonville Police Department Policy Manual Special Weapons and Tactics Team Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Special Weapons and Tactics Team - 223 (c)Those who are on vacation, are ill or are on light-duty status with a medical professional’s note of approval on the test date shall be responsible for reporting to a team supervisor and taking the test within 30 days of their return to regular duty. Any member who fails to arrange for and perform the physical fitness test within the 30-day period shall be considered as having failed to attain a qualifying score for that test period. (d)Each tactical team member shall complete the bi-annual tactical team handgun qualification course. The qualification course shall consist of the SWAT qualification course for the handgun. Failure to qualify will require the team member to seek remedial training from the Firearms Director who has been approved by the SWAT Commander. Team members who fail to qualify will not be used in SWAT operations until qualified. Team members who fail to qualify must retest within 30 days. Failure to qualify within 30 days, with or without remedial training, may result in dismissal from the team. (e)Each tactical team member shall complete the bi-annual tactical qualification course for any specialty weapon issued to, or used by, the team member during tactical team operations. Failure to qualify will require the team member to seek remedial training from a Firearms Director who has been approved by the SWAT Commander. Team members who fail to qualify on their specialty weapon may not utilize the specialty weapon on SWAT operations until qualified. Team members who fail to qualify must retest within 30 days. Failure to qualify with specialty weapons within 30 days may result in the team member being removed from the team or permanently disqualified from use of that particular specialty weapon. 404.8.3 TACTICAL TEAM EVALUATION Continual evaluation of a team member’s performance and efficiency as it relates to the positive operation of the team shall be conducted by the Assistant SWAT Commander. The performance and efficiency level, as established by the team supervisor, will be met and maintained by all tactical team members. Any member of the tactical team who performs or functions at a level less than satisfactory shall be subject to dismissal from the team. 404.9 NEGOTIATION TEAM ADMINISTRATIVE GUIDELINES The negotiation team has been established to provide skilled verbal communicators who will attempt to de-escalate and effect surrender in critical situations where suspects have taken hostages or barricaded themselves or have suicidal tendencies. The following procedures serve as directives for the administrative operation of the negotiation team. 404.9.1 SELECTION OF NEGOTIATION MEMBERS Qualified applicants will be invited to an oral interview and practicle test. The oral interview board will consist of the Commander, the negotiation team commander and the negotiating team members. Interested members shall be evaluated by certain criteria, which includes: (a)Recognized competence and ability as evidenced by performance. Jeffersonville Police Department Policy Manual Special Weapons and Tactics Team Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Special Weapons and Tactics Team - 224 (b)Demonstrated good judgment and understanding of the critical role of a negotiator and the negotiation process. (c)Effective communication skills. (d)Special skills, training or appropriate education as it pertains to the assignment. (e)Commitment to the negotiating team, realizing that the assignment may necessitate unusual working hours, conditions and training obligations. The oral interview board shall submit a list of successful applicants to command staff for final selection. 404.9.2 NEGOTIATION TRAINING Training shall be coordinated by the Negotiations Commander. The Negotiations Commander may conduct monthly training exercises that include a review and critique of members and their performance in the exercises, in addition to specialized training. A minimum of one training day per quarter will be required to provide the opportunity for role playing and situational training necessary to maintain proper skills. This will be coordinated by the team supervisor. 404.9.3 NEGOTIATION TEAM EVALUATION Continual evaluation of a team member's performance and efficiency as it relates to the positive operation of the team shall be conducted by the team supervisor. Performance and efficiency levels, established by the team supervisor, will be met and maintained by all team members. Any member of the negotiation team who performs or functions at a level less than satisfactory shall be subject to dismissal from the team. 404.10 UNIFORMS AND EQUIPMENT SWAT specialized teams from this department should wear uniforms that clearly identify them as law enforcement members. It is recognized that certain tactical conditions may require covert movement. Attire may be selected that is appropriate to the specific mission. 404.10.1 EQUIPMENT SWAT specialized teams from this department should be adequately equipped to meet the specific missions identified by the Department. 404.10.2 FIREARMS Weapons and equipment used by the SWAT specialized teams and any supporting resources should be department-issued or approved, including any modifications, additions or attachments. 404.11 TRAINING The SWAT Commander shall conduct an annual SWAT training needs assessment to ensure that training correlates to the team’s capabilities and department policy. Jeffersonville Police Department Policy Manual Special Weapons and Tactics Team Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Special Weapons and Tactics Team - 225 404.11.1 TRAINING SAFETY Use of a designated safety officer should be considered for all tactical training. 404.11.2 INITIAL TRAINING Tactical and negotiation team members and team supervisors should not be deployed until successful completion of a basic SWAT course or its equivalent that has been approved by this department. (a)To avoid unnecessary or redundant training, previous training completed by members may be considered equivalent when the hours and content or topics meet or exceed requirements determined by the Department. (b)Untrained members may be used in a support or training capacity. 404.11.3 UPDATE/REFRESHER TRAINING Tactical and negotiation team members, team supervisors and certified tactical dispatchers should complete update or refresher training every 24 months. 404.11.4 MANAGEMENT TRAINING Command and executive personnel are encouraged to attend training for managing the SWAT functions at the organizational level. This is to ensure that those who provide active oversight at the scene understand the purpose and capabilities of these specialized teams. Command personnel who may assume incident command responsibilities should attend a tactical commander or critical incident commander course or its equivalent that has been approved by this department. 404.11.5 SCENARIO-BASED TRAINING SWAT specialized teams should participate in scenario-based training that simulates the critical field operations environment. Such training is an established method of improving performance during an actual deployment. 404.11.6 TRAINING DOCUMENTATION Individual and team training shall be documented and records maintained by the Training Commander. Such documentation shall be maintained in each member’s training file. A separate department SWAT training file shall be maintained with documentation and records of all team training. Policy 405 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Ride-Alongs - 226 Ride-Alongs 405.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for a ride-along with members of the Jeffersonville Police Department. This policy provides the requirements, approval process, hours of operation and member responsibilities for ride-alongs. 405.2 POLICY Ride-along opportunities will be provided to the members of the public, City employees and members of this department to observe and experience, first-hand, various functions of the Jeffersonville Police Department. The term “ride-along” includes riding as a passenger with an officer on patrol or observing the work day of members engaged in other functions within the Department, such as Central Alarm. 405.3 ELIGIBILITY A ride-along is available to Jeffersonville residents and business owners, students currently attending class in Jeffersonville and those employed within the City of Jeffersonville. Efforts will be made to accommodate all interested persons. However, any applicant may be disqualified without cause from participating. Factors that may be considered in disqualifying an applicant include, but are not limited to, the following: •Being under 18 years of age •Prior criminal history •Pending criminal action •Pending lawsuit against this department or the City •Denial by any supervisor •Any felony convictions. •No persons seeking political office during the current year. 405.4 REQUESTS TO PARTICIPATE Generally, ride-along and job observation requests will be maintained and scheduled by the Uniform Patrol Commander. The applicant will complete and sign a ride-along or job observation waiver form. If the applicant is under 18 years of age, a parent or guardian must be present to complete the waiver form. Information requested will include a valid state-issued identification card or driver’s license number, birthdate, address and telephone number. Jeffersonville Police Department Policy Manual Ride-Alongs Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Ride-Alongs - 227 The Uniform Patrol Commander will schedule a date, based on availability, generally one week after the date of application. If approved, a copy of the waiver form will be forwarded to the appropriate shift commander as soon as possible for scheduling considerations. If the request is denied, a representative of this department will advise the applicant of the denial. 405.5 PROCEDURES Once approved, ride-along applicants will be allowed to participate no more than once every three months. An exception may apply to the following law enforcement-involved participants: •Chaplains •Jeffersonville Police Department applicants •Any others with approval of the Uniform Patrol Commander •Students enrolled in any department-approved dispatcher training course An effort will be made to ensure that no more than one member of the public will participate in a ride-along or job observation during any given time period. Normally, no more than one ride-along participant will be allowed in department vehicles at a given time. 405.5.1 OFF-DUTY PARTICIPATION Off-duty members of this department or any other law enforcement agency, and employees of the City, will not be permitted to participate in a ride-along with on-duty members of this department without the express consent of the On-Duty shift supervisor. In the event that such participation is permitted, the off-duty department member, other law enforcement agency personnel or City employee shall not: (a)Be considered on-duty. (b)Represent him/herself as a member of this department or any other law enforcement agency. (c)Participate in any law enforcement activity except as emergency circumstances may require. 405.5.2 CRIMINAL HISTORY CHECK All ride-along applicants are subject to a criminal history check. The criminal history check may include a local records check and an Indiana State Police Central Repository check prior to approval of the ride-along. 405.5.3 SUITABLE ATTIRE Any person approved to participate in a ride-along is required to be suitably dressed in a collared shirt, blouse or jacket, slacks and shoes. Sandals, t-shirts, tank tops, shorts and ripped or torn pants are not permitted. The Uniform Patrol Commander or a supervisor may refuse a ride-along to anyone who is not dressed appropriately. Jeffersonville Police Department Policy Manual Ride-Alongs Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Ride-Alongs - 228 405.6 MEMBER RESPONSIBILITIES The assigned department member shall consider the safety of the ride-along or job observation participant at all times. The member shall maintain control over the participant and shall instruct the individual about the conditions that necessarily limit his/her participation. Instructions should include: (a)The participant will follow the directions of the department member. (b)The participant will not become involved in any investigation, handling of evidence, discussions with victims or suspects, reading an individual’s criminal history or other protected information, or handling any police department equipment. (c)Participation may be terminated at any time by the member if the participant interferes with the performance of the member’s duties. 1.If the participant is on a ride-along, the member may return the participant to the point the ride originated. (d)Participants may be allowed to continue a ride-along during the transportation and booking process, provided it does not jeopardize their safety. (e)Members will not allow participants to be present in any location or situation that would jeopardize the participant’s safety or cause undue stress or embarrassment to a victim or any other member of the public. (f)Participants who are not law enforcement officers shall not be permitted to accompany the department member into a private residence without the express consent of the resident or other authorized person. The member assigned to provide a ride-along shall advise the telecommunications operator that a ride-along participant is present in the vehicle before going into service. An officer with a ride-along participant should use sound discretion when encountering a potentially dangerous situation, such as a high-speed pursuit and, if feasible, let the participant out of the vehicle in a well-lit public place. The telecommunications operator will be advised of the situation and as soon as practicable have another department member respond to pick up the participant at that location. The ride- along may be continued or terminated at this time. Conduct by a person participating in a ride-along that results in termination of the ride, or is otherwise inappropriate, should be immediately reported to the On Duty Shift Supervisor. The member should enter comments regarding the reasons for terminating the ride-along on the waiver form. Upon completion of the ride-along, the member shall return the waiver form to the Uniform Patrol Commander. Policy 406 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Hazardous Material Response - 229 Hazardous Material Response 406.1 PURPOSE AND SCOPE Exposure to hazardous materials presents potential harm to department members and the public. This policy outlines the responsibilities of members who respond to these events and the factors that should be considered while on-scene, including the reporting of exposures and supervisor responsibilities. 406.1.1 DEFINITIONS Definitions related to this policy include: Hazardous material - A substance which, by its nature, containment or reactivity, has the capability of inflicting harm during exposure; characterized as being toxic, corrosive, flammable, reactive, an irritant or strong sensitizer and thereby posing a threat to health when improperly managed. 406.2 POLICY It is the policy of the Jeffersonville Police Department to respond to hazardous material emergencies with due regard for the safety of the public and those members responding to such incidents. 406.3 HAZARDOUS MATERIAL RESPONSE Members may encounter situations involving suspected hazardous materials, such as at the scene of a traffic accident, chemical spill or fire. When members come into contact with a suspected hazardous material, they should take certain steps to protect themselves and other persons. The fire department is the agency trained and equipped to properly respond and mitigate most incidents involving hazardous materials and biohazards. Responders should not perform tasks or use equipment without proper training. A responder entering the area may require decontamination before he/she is allowed to leave the scene, and should be evaluated by appropriate technicians and emergency medical services personnel for signs of exposure. 406.4 CONSIDERATIONS The following steps should be considered at any scene involving suspected hazardous materials: (a)Make the initial assessment of a potentially hazardous material from a safe distance. (b)Notify Central Alarm, appropriate supervisors, the appropriate fire department and hazardous response units. 1.Provide weather conditions, wind direction, a suggested safe approach route and any other information pertinent to responder safety. (c)Be cognizant that some hazardous material can be inhaled. Jeffersonville Police Department Policy Manual Hazardous Material Response Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Hazardous Material Response - 230 (d)Remain upwind, uphill and at a safe distance, maintaining awareness of weather and environmental conditions, until the material is identified and a process for handling has been determined. (e)Attempt to identify the type of hazardous material from a safe distance using optical aids (binoculars or spotting scopes) if they are available. Identification can be determined by: 1.Placards or use of an emergency response guidebook. 2.Driver’s statements or shipping documents from the person transporting the material. 3.Information obtained from any involved person with knowledge regarding the hazardous material. Information should include: (a)The type of material. (b)How to secure and contain the material. (c)Any other information to protect the safety of those present, the community and the environment. (f)Provide first aid to injured parties if it can be done safely and without contamination. (g)Make reasonable efforts to secure the scene to prevent access from unauthorized individuals and to protect and identify any evidence. (h)Begin evacuation of the immediate and surrounding areas, dependent on the material. Voluntary evacuation should be considered; mandatory evacuation may be necessary and will depend on the type of material. (i)Establish a decontamination area when needed. 406.5 REPORTING EXPOSURE Department members who believe they have been exposed to a hazardous material shall immediately report the exposure to a supervisor. Each exposure shall be documented by the member in an incident report that shall be forwarded via chain of command to the Uniform Patrol Commander as soon as practicable. Should the affected member be unable to document the exposure for any reason, it shall be the responsibility of the notified supervisor to complete the report. Injury or illness caused or believed to be caused by exposure to hazardous materials shall be reported the same as any other on-duty injury or illness, in addition to a crime report or incident report as applicable. 406.5.1 SUPERVISOR RESPONSIBILITIES When a supervisor has been informed that a member has been exposed to a hazardous material, he/she shall ensure that immediate medical treatment is obtained and appropriate action is taken to mitigate the exposure or continued exposure. Jeffersonville Police Department Policy Manual Hazardous Material Response Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Hazardous Material Response - 231 To ensure the safety of members, safety equipment is available from supervisors. Safety items not maintained by this department may be available through the appropriate fire department or emergency response team. Policy 407 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Hostage and Barricade Incidents - 232 Hostage and Barricade Incidents 407.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for situations where officers have legal cause to contact, detain or arrest a person, and the person refuses to submit to the lawful requests of the officers by remaining in a structure or vehicle and/or by taking a hostage. The scope of this policy is not intended to address all variables that officers encounter during their initial response or when a hostage or barricade situation has developed. This policy does not require or recommend specific strategies or tactics for resolution as each incident is a dynamic and rapidly evolving event. 407.1.1 DEFINITIONS Definitions related to this policy include: Barricade situation - An incident where a person maintains a position of cover or concealment and ignores or resists law enforcement personnel, and it is reasonable to believe the subject is armed with a dangerous or deadly weapon. Hostage situation - An incident where it is reasonable to believe a person is: •Unlawfully held by a hostage-taker as security so that specified terms or conditions will be met. •Unlawfully held against his/her will under threat or actual use of force. 407.2 POLICY It is the policy of the Jeffersonville Police Department to address hostage and barricade situations with due regard for the preservation of life and balancing the risk of injury, while obtaining the safe release of hostages, apprehending offenders and securing available evidence. 407.3 COMMUNICATION When circumstances permit, initial responding officers should try to establish and maintain lines of communication with a barricaded person or hostage-taker. Officers should attempt to identify any additional subjects, inquire about victims and injuries, seek the release of hostages, gather intelligence information, identify time-sensitive demands or conditions and obtain the suspect’s surrender. When available, department-authorized negotiators should respond to the scene as soon as practicable and assume communication responsibilities. Negotiators are permitted to exercise flexibility in each situation based upon their training, the circumstances presented, suspect actions or demands, and the available resources. Jeffersonville Police Department Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Hostage and Barricade Incidents - 233 407.4 FIRST RESPONDER CONSIDERATIONS First responding officers should promptly and carefully evaluate all available information to determine whether an incident involves, or may later develop into, a hostage or barricade situation. The first responding officer should immediately request a supervisor’s response as soon as it is determined that a hostage or barricade situation exists. The first responding officer shall assume the duties of the supervisor until relieved by a supervisor or a more qualified responder. The officer shall continually evaluate the situation, including the level of risk to officers, to the persons involved and to bystanders, and the resources currently available. The handling officer should brief the arriving supervisor of the incident, including information about suspects and victims, the extent of any injuries, additional resources or equipment that may be needed, and current perimeters and evacuation areas. 407.4.1 BARRICADE SITUATION Unless circumstances require otherwise, officers handling a barricade situation should attempt to avoid a forceful confrontation in favor of stabilizing the incident by establishing and maintaining lines of communication while awaiting the arrival of specialized personnel and trained negotiators. In the interim, the following options, while not all-inclusive or in any particular order, should be considered: (a)Ensure injured persons are evacuated from the immediate threat area if it is reasonably safe to do so. Request medical assistance. (b)Assign personnel to a contact team to control the subject should he/she attempt to exit the building, structure or vehicle, and attack, use deadly force, attempt to escape or surrender prior to additional resources arriving. (c)Request additional personnel, resources and equipment as needed (e.g., canine team, SWAT team). (d)Provide responding emergency personnel with a safe arrival route to the location. (e)Evacuate uninjured persons in the immediate threat area if it is reasonably safe to do so. (f)Attempt or obtain a line of communication and gather as much information on the subject as possible, including weapons, other involved parties, additional hazards or injuries. (g)Establish to an inner and outer perimeter as circumstances require and resources permit to prevent unauthorized access. (h)Evacuate bystanders, residents and businesses within the inner and then outer perimeter as appropriate. Check for injuries, the presence of other involved subjects, witnesses, evidence or additional information. (i)Determine the need for and notify the appropriate persons within and outside the Department, such as command officers and the Public Information Officer. (j)If necessary and available, establish a tactical or exclusive radio frequency for the incident. Jeffersonville Police Department Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Hostage and Barricade Incidents - 234 (k)Establish a command post. 407.4.2 HOSTAGE SITUATION Officers presented with a hostage situation should attempt to avoid a forceful confrontation in favor of controlling the incident in anticipation of the arrival of specialized personnel and trained hostage negotiators. However, it is understood that hostage situations are dynamic and can require that officers react quickly to developing or changing threats. The following options, while not all-inclusive or in any particular order, should be considered: (a)Ensure injured persons are evacuated from the immediate threat area if it is reasonably safe to do so. Request medical assistance. (b)Assign personnel to a contact team to control the subject should he/she attempt to exit the building, structure or vehicle, and attack, use deadly force, attempt to escape or surrender prior to additional resources arriving. (c)Establish a rapid response team in the event it becomes necessary to rapidly enter a building, structure or vehicle, such as when the suspect is using deadly force against any hostages (see the Rapid Response and Deployment Policy). (d)Assist hostages or potential hostages to escape if it is reasonably safe to do so. Hostages should be kept separated, if practicable, pending further interview. (e)Request additional personnel, resources and equipment as needed (e.g., canine team, SWAT team). (f)Provide responding emergency personnel with a safe arrival route to the location. (g)Evacuate uninjured persons in the immediate threat area if it is reasonably safe to do so. (h)Coordinate pursuit or surveillance vehicles and control of travel routes. (i)Attempt to obtain a line of communication and gather as much information about the suspect as possible, including any weapons, victims and their injuries, additional hazards, other involved parties and any other relevant intelligence information. (j)Establish an inner and outer perimeter as resources and circumstances permit to prevent unauthorized access. (k)Evacuate bystanders, residents and businesses within the inner and then outer perimeter as appropriate. Check for injuries, the presence of other involved subjects, witnesses, evidence or additional information. (l)Determine the need for and notify the appropriate persons within and outside the Department, such as command officers and the Public Information Officer (PIO). (m)If necessary and available, establish a tactical or exclusive radio frequency for the incident. Jeffersonville Police Department Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Hostage and Barricade Incidents - 235 407.5 SUPERVISOR RESPONSIBILITIES Upon being notified that a hostage or barricade situation exists, the supervisor should immediately respond to the scene, assess the risk level of the situation, establish a proper chain of command and assume the role of Incident Commander until properly relieved. This includes requesting Special Weapons and Tactics Team (SWAT) response if appropriate and apprising the SWAT Commander of the circumstances. In addition, the following options, listed here in no particular order, should be considered: (a)Ensure injured persons are evacuated and treated by medical personnel. (b)Ensure the completion of necessary first responder responsibilities or assignments. (c)Request crisis negotiators, specialized assignment members, additional department members, resources or equipment as appropriate. (d)Establish a command post location as resources and circumstances permit. (e)Designate assistants who can help with intelligence information and documentation of the incident. (f)Consider contacting utility and communication providers when restricting such services (e.g., electric power, gas, telephone service). (g)Ensure adequate law enforcement coverage for the remainder of the City during the incident. The supervisor should direct nonessential personnel away from the scene unless they have been summoned by the supervisor or Central Alarm. (h)Identify a media staging area outside the outer perimeter and have the department PIO or a designated temporary media representative provide media access in accordance with the Media Relations Policy. (i)Identify the need for mutual aid and the transition or relief of personnel for incidents of extended duration. (j)Debrief personnel and review documentation as appropriate. 407.6 SWAT RESPONSIBILITIES It will be the SWAT Commander’s decision, with input from the Incident Commander, whether to deploy the SWAT during a hostage or barricade situation. Once the SWAT Commander authorizes deployment, the SWAT Commander or the authorized designee will be responsible for the tactical response and negotiations. The Incident Commander shall continue to supervise the command post operation, outer perimeter security, evacuation and media access, and will support the SWAT. The Incident Commander and the SWAT Commander or the authorized designees shall maintain direct communications at all times. Jeffersonville Police Department Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Hostage and Barricade Incidents - 236 407.7 REPORTING Unless otherwise relieved by a supervisor or Incident Commander, the handling officer at the scene is responsible for completion and/or coordination of incident reports. Policy 408 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Response to Bomb Calls - 237 Response to Bomb Calls 408.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to assist members of the Jeffersonville Police Department in their initial response to incidents involving explosives, explosive devices, explosion/ bombing incidents or threats of such incidents. Under no circumstances should these guidelines be interpreted as compromising the safety of first responders or the public. When confronted with an incident involving explosives, safety should always be the primary consideration. 408.2 POLICY It is the policy of the Jeffersonville Police Department to place a higher priority on the safety of persons and the public over damage or destruction to public or private property. 408.3 RECEIPT OF BOMB THREAT Department members receiving a bomb threat should obtain as much information from the individual as reasonably possible, including the type, placement and alleged detonation time of the device. If the bomb threat is received on a recorded line, reasonable steps should be taken to ensure that the recording is preserved in accordance with established department evidence procedures. The member receiving the bomb threat should ensure that the Uniform Patrol Commander is immediately advised and informed of the details. This will enable the Uniform Patrol Commander to ensure that the appropriate personnel are dispatched, and, as appropriate, the threatened location is given an advance warning. 408.4 GOVERNMENT FACILITY OR PROPERTY A bomb threat targeting a government facility may require a different response based on the government agency. 408.4.1 JEFFERSONVILLE POLICE DEPARTMENT FACILITY If the bomb threat is against the Jeffersonville Police Department facility, the Uniform Patrol Commander will direct and assign officers as required for coordinating a general building search or evacuation of the police department, as he/she deems appropriate. 408.4.2 OTHER COUNTY OR MUNICIPAL FACILITY OR PROPERTY If the bomb threat is against a county or municipal facility within the jurisdiction of the Jeffersonville Police Department that is not the property of this department, the appropriate agency will be promptly informed of the threat. Assistance to the other entity may be provided as the Uniform Patrol Commander deems appropriate. Jeffersonville Police Department Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Response to Bomb Calls - 238 408.4.3 FEDERAL BUILDING OR PROPERTY If the bomb threat is against a federal building or property, the Federal Protective Service should be immediately notified. The Federal Protective Service provides a uniformed law enforcement response for most facilities, which may include use of its Explosive Detector Dog teams. If the bomb threat is against a federal government property where the Federal Protective Service is unable to provide a timely response, the appropriate facility’s security or command staff should be notified. Bomb threats against a military installation should be reported to the military police or other military security responsible for the installation. 408.5 PRIVATE FACILITY OR PROPERTY When a member of this department receives notification of a bomb threat at a location in the City of Jeffersonville, the member receiving the notification should obtain as much information as reasonably possible from the notifying individual, including: (a)The location of the facility. (b)The nature of the threat. (c)Whether the type and detonation time of the device is known. (d)Whether the facility is occupied, and if so, the number of occupants currently on-scene. (e)Whether the individual is requesting police assistance at the facility. (f)Whether there are any internal facility procedures regarding bomb threats in place, such as: 1.No evacuation of personnel and no search for a device. 2.Search for a device without evacuation of personnel. 3.Evacuation of personnel without a search for a device. 4.Evacuation of personnel and a search for a device. The member receiving the bomb threat information should ensure that the Uniform Patrol Commander is immediately notified so that he/she can communicate with the person in charge of the threatened facility. 408.5.1 ASSISTANCE The Uniform Patrol Commander should be notified when police assistance is requested. The Uniform Patrol Commander will make the decision whether the Department will render assistance and at what level. Information and circumstances that indicate a reasonably apparent, imminent threat to the safety of either the facility or the public may require a more active approach, including police control over the facility. Should the Uniform Patrol Commander determine that the Department will assist or control such an incident, he/she will determine: Jeffersonville Police Department Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Response to Bomb Calls - 239 (a)The appropriate level of assistance. (b)The plan for assistance. (c)Whether to evacuate and/or search the facility. (d)Whether to involve facility staff in the search or evacuation of the building. 1.The person in charge of the facility should be made aware of the possibility of damage to the facility as a result of a search. 2.The safety of all participants is the paramount concern. (e)The need for additional resources, including: 1.Notification and response, or standby notice, for fire and emergency medical services. Even though a facility does not request police assistance to clear the interior of a building, based upon the circumstances and known threat, officers may be sent to the scene to evacuate other areas that could be affected by the type of threat, or for traffic and pedestrian control. 408.6 FOUND DEVICE When handling an incident involving a suspected explosive device, the following guidelines, while not all inclusive, should be followed: (a)No known or suspected explosive item should be considered safe regardless of its size or apparent packaging. (b)The device should not be touched or moved except by the bomb squad or military explosive ordnance disposal team. (c)Personnel should not transmit on any equipment that is capable of producing radio frequency energy within the evacuation area around the suspected device. This includes the following: 1.Two-way radios 2.Cell phones 3.Other personal communication devices (d)The appropriate bomb squad or military explosive ordnance disposal team should be summoned for assistance. (e)The largest perimeter reasonably possible should initially be established around the device based upon available personnel and the anticipated danger zone. (f)A safe access route should be provided for support personnel and equipment. (g)Search the area for secondary devices as appropriate and based upon available resources. (h)Consider evacuation of buildings and personnel near the device or inside the danger zone and the safest exit route. Jeffersonville Police Department Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Response to Bomb Calls - 240 (i)Promptly relay available information to the Uniform Patrol Commander including: 1.The time of discovery. 2.The exact location of the device. 3.A full description of the device (e.g., size, shape, markings, construction). 4.The anticipated danger zone and perimeter. 5.The areas to be evacuated or cleared. 408.7 EXPLOSION/BOMBING INCIDENTS When an explosion has occurred, there are multitudes of considerations which may confront the responding officers. As in other catastrophic events, a rapid response may help to minimize injury to victims, contamination of the scene by gathering crowds or any additional damage from fires or unstable structures. 408.7.1 CONSIDERATIONS Officers responding to explosions, whether accidental or a criminal act, should consider the following actions: (a)Assess the scope of the incident, including the number of victims and extent of injuries. (b)Request additional personnel and resources, as appropriate. (c)Assist with first aid. (d)Identify and take appropriate precautions to mitigate scene hazards, such as collapsed structures, bloodborne pathogens and hazardous materials. (e)Assist with the safe evacuation of victims, if possible. (f)Establish an inner perimeter to include entry points and evacuation routes. Search for additional or secondary devices. (g)Preserve evidence. (h)Establish an outer perimeter and evacuate if necessary. (i)Identify witnesses. 408.7.2 NOTIFICATIONS When an explosion has occurred, the following people should be notified as appropriate: •Fire department •Bomb squad •Additional department personnel, such as investigators and forensic services •Field supervisor Jeffersonville Police Department Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Response to Bomb Calls - 241 •Uniform Patrol Commander •Other law enforcement agencies, including local, state or federal agencies, such as the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) •Other government agencies, as appropriate 408.8 CROWD CONTROL Only authorized members with a legitimate need should be permitted access to the scene. Spectators and other unauthorized individuals should be restricted to a safe distance as is reasonably practicable given the available resources and personnel. 408.8.1 PRESERVATION OF EVIDENCE As in any other crime scene, steps should immediately be taken to preserve the scene. The Uniform Patrol Commander should assign officers to protect the crime scene area, which could extend over a long distance. Consideration should be given to the fact that evidence may be embedded in nearby structures or hanging in trees and bushes. Policy 409 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Crisis Intervention Incidents - 242 Crisis Intervention Incidents 409.1 PURPOSE AND SCOPE This policy provides guidelines for interacting with those who may be experiencing a mental health or emotional crisis. Interaction with such individuals has the potential for miscommunication and violence. It often requires an officer to make difficult judgments about a person’s mental state and intent in order to effectively and legally interact with the individual. 409.1.1 DEFINITIONS Definitions related to this policy include: Person in crisis - A person whose level of distress or mental health symptoms have exceeded the person’s internal ability to manage his/her behavior or emotions. A crisis can be precipitated by any number of things, including an increase in the symptoms of mental illness despite treatment compliance; noncompliance with treatment, including a failure to take prescribed medications appropriately; or any other circumstance or event that causes the person to engage in erratic, disruptive or dangerous behavior that may be accompanied by impaired judgment. 409.2 POLICY The Jeffersonville Police Department is committed to providing a consistently high level of service to all members of the community and recognizes that persons in crisis may benefit from intervention. The Department will collaborate, where feasible, with mental health professionals to develop an overall intervention strategy to guide its members’ interactions with those experiencing a mental health crisis. This is to ensure equitable and safe treatment of all involved. 409.3 SIGNS Members should be alert to any of the following possible signs of mental health issues or crises: (a)A known history of mental illness (b)Threats of or attempted suicide (c)Loss of memory (d)Incoherence, disorientation or slow response (e)Delusions, hallucinations, perceptions unrelated to reality or grandiose ideas (f)Depression, pronounced feelings of hopelessness or uselessness, extreme sadness or guilt (g)Social withdrawal (h)Manic or impulsive behavior, extreme agitation or lack of control (i)Lack of fear (j)Anxiety, aggression, rigidity, inflexibility or paranoia Jeffersonville Police Department Policy Manual Crisis Intervention Incidents Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Crisis Intervention Incidents - 243 Members should be aware that this list is not exhaustive. The presence or absence of any of these signs should not be treated as proof of the presence or absence of a mental health issue or crisis. 409.4 COORDINATION WITH MENTAL HEALTH PROFESSIONALS The Chief of Police should designate an appropriate Assistant Chief to collaborate with mental health professionals to develop an education and response protocol. It should include a list of community resources to guide department interaction with those who may be suffering from mental illness or who appear to be in a mental health crisis. 409.5 FIRST RESPONDERS Safety is a priority for first responders. It is important to recognize that individuals under the influence of alcohol, drugs or both may exhibit symptoms that are similar to those of a person in a mental health crisis. These individuals may still present a serious threat to officers; such a threat should be addressed with reasonable tactics. Nothing in this policy shall be construed to limit an officer’s authority to use reasonable force when interacting with a person in crisis. Officers are reminded that mental health issues, mental health crises and unusual behavior are not criminal offenses. Individuals may benefit from treatment as opposed to incarceration. An officer responding to a call involving a person in crisis should: (a)Promptly assess the situation independent of reported information and make a preliminary determination regarding whether a mental health crisis may be a factor. (b)Request available backup officers and specialized resources as deemed necessary and, if it is reasonably believed that the person is in a crisis situation, use conflict resolution and de-escalation techniques to stabilize the incident as appropriate. (c)If feasible, and without compromising safety, turn off flashing lights, bright lights or sirens. (d)Attempt to determine if weapons are present or available. (e)Take into account the person’s mental and emotional state and potential inability to understand commands or to appreciate the consequences of his/her action or inaction, as perceived by the officer. (f)Secure the scene and clear the immediate area as necessary. (g)Employ tactics to preserve the safety of all participants. (h)Determine the nature of any crime. (i)Request a supervisor, as warranted. (j)Evaluate any available information that might assist in determining cause or motivation for the person’s actions or stated intentions. (k)If circumstances reasonably permit, consider and employ alternatives to force. Jeffersonville Police Department Policy Manual Crisis Intervention Incidents Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Crisis Intervention Incidents - 244 409.6 DE-ESCALATION Officers should consider that taking no action or passively monitoring the situation may be the most reasonable response to a mental health crisis. Once it is determined that a situation is a mental health crisis and immediate safety concerns have been addressed, responding members should be aware of the following considerations and should generally: •Evaluate safety conditions. •Introduce themselves and attempt to obtain the person’s name. •Be patient, polite, calm and courteous and avoid overreacting. •Speak and move slowly and in a non-threatening manner. •Moderate the level of direct eye contact. •Remove distractions or disruptive people from the area. •Demonstrate active listening skills (i.e., summarize the person’s verbal communication). •Provide for sufficient avenues of retreat or escape should the situation become volatile. Responding officers generally should not: •Use stances or tactics that can be interpreted as aggressive. •Allow others to interrupt or engage the person. •Corner a person who is not believed to be armed, violent or suicidal. •Argue, speak with a raised voice or use threats to obtain compliance. 409.7 INCIDENT ORIENTATION When responding to an incident that may involve mental illness or a mental health crisis, the officer should request that the telecommunications operator provide critical information as it becomes available. This includes: (a)Whether the person relies on drugs or medication, or may have failed to take his/her medication. (b)Whether there have been prior incidents or suicide threats/attempts, and whether there has been previous police response. (c)Contact information for a treating physician or mental health professional. Additional resources and a supervisor should be requested as warranted. 409.8 SUPERVISOR RESPONSIBILITIES A supervisor should respond to the scene of any interaction with a person in crisis. Responding supervisors should: Jeffersonville Police Department Policy Manual Crisis Intervention Incidents Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Crisis Intervention Incidents - 245 (a)Attempt to secure appropriate and sufficient resources. (b)Closely monitor any use of force, including the use of restraints, and ensure that those subjected to the use of force are provided with timely access to medical care (see the Handcuffing and Restraints Policy). (c)Consider strategic disengagement. Absent an imminent threat to the public and, as circumstances dictate, this may include removing or reducing law enforcement resources or engaging in passive monitoring. (d)Ensure that all reports are completed and that incident documentation uses appropriate terminology and language. (e)Evaluate whether a critical incident stress management debriefing for involved members is warranted. 409.9 INCIDENT REPORTING Members engaging in any oral or written communication associated with a mental health crisis should be mindful of the sensitive nature of such communications and should exercise appropriate discretion when referring to or describing persons and circumstances. Members having contact with a person in crisis should keep related information confidential, except to the extent that revealing information is necessary to conform to department reporting procedures or other official mental health or medical proceedings. 409.9.1 DIVERSION Individuals who are not being arrested should be processed in accordance with the Involuntary Detentions Policy. An officer may take an individual in to custody and transport him/her to an appropriate facility in the following circumstances: (a)There are reasonable grounds to believe that an individual has a mental illness, is either dangerous or gravely disabled, and is in immediate need of hospitalization and treatment (I.C. § 12-26-4-1). (b)Pursuant to a court order (I.C. § 12-26-4-1.5). (c)Where an emergency detention petition is approved by a judge (I.C. § 12-26-5-2). Individuals shall not be transported to a state institution unless the emergency detention petition was filed by a state institution or the court order specifies otherwise (I.C. § 12-26-4-1; I.C. § 12-26-4-1.5; I.C. § 12-26-5-2). 409.10 CIVILIAN INTERACTION WITH PEOPLE IN CRISIS Civilian or clerical members may be required to interact with persons in crisis in an administrative capacity, such as dispatching, records request and animal control issues. (a)Members should treat all individuals equally and with dignity and respect. Jeffersonville Police Department Policy Manual Crisis Intervention Incidents Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Crisis Intervention Incidents - 246 (b)If a member believes that he/she is interacting with a person in crisis, he/she should proceed patiently and in a calm manner. (c)Members should be aware and understand that the person may make unusual or bizarre claims or requests. If a person's behavior makes the member feel unsafe, if the person is or becomes disruptive or violent, or if the person acts in such a manner as to cause the member to believe that the person may be harmful to him/herself or others, an officer should be promptly summoned to provide assistance. 409.11 EVALUATION The Assistant Chief designated to coordinate the crisis intervention strategy for this department should ensure that a thorough review and analysis of the department response to these incidents is conducted annually. The report will not include identifying information pertaining to any involved individuals, officers or incidents and will be submitted to the Chief of Police through the chain of command. 409.12 SEIZURE OF FIREARMS An officer may seize a firearm from a person determined to be dangerous. The seizure may occur with or without a warrant (I.C. § 35-47-14-2). A dangerous person is a person who, for the purposes of these seizures only, (I.C. § 35-47-14-1): (a)Presents an imminent risk of personal injury to the person or others. (b)May present a risk of personal injury to the person or others in the future and the person: 1.Has a mental illness as defined in I.C. § 12-7-2-130 that may be controlled by medication, and has not demonstrated a pattern of voluntarily and consistently taking the person’s medication while not under supervision. 2.Is the subject of documented evidence that would give rise to a reasonable belief that the person has a propensity for violent or emotionally unstable conduct. Having been recently released from a mental health facility or having a mental illness that is currently controlled by medication does not establish that the individual is dangerous. A firearm seized without a warrant under these circumstances requires the officer to submit to the circuit or superior court having jurisdiction over the individual believed to be dangerous, a written statement under oath or affirmation describing the basis for the belief that the individual is dangerous (I.C. § 35-47-14-3). An officer is not authorized to perform a warrantless search or seizure if a warrant would otherwise be required. Jeffersonville Police Department Policy Manual Crisis Intervention Incidents Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Crisis Intervention Incidents - 247 409.13 TRAINING In coordination with the mental health community and appropriate stakeholders, the Department will develop and provide comprehensive education and training to all department members to enable them to effectively interact with persons in crisis (I.C. § 5-2-1-9). Policy 410 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Involuntary Detentions - 248 Involuntary Detentions 410.1 PURPOSE AND SCOPE This policy provides guidelines for when officers may place a person under involuntary detention. 410.1.1 DEFINITIONS Definitions related to this policy include: Immediate detention - When an individual is involuntarily detained by an officer for immediate hospitalization as provided in I.C. § 12-26-4-1. Involuntary detention - Includes both immediate and emergency detentions. Emergency detention - When an individual is involuntarily detained pursuant to a court approved petition under I.C. § 12-26-5-1. 410.2 POLICY It is the policy of the Jeffersonville Police Department to protect the public and individuals through legal and appropriate use of the involuntary detention process. 410.3 AUTHORITY An officer may take an individual in to custody and transport him/her to an appropriate facility in the following circumstances: (a)There are reasonable grounds to believe that an individual has a mental illness, is either dangerous or gravely disabled, and is in immediate need of hospitalization and treatment (I.C. § 12-26-4-1). (b)Pursuant to a court order (I.C. § 12-26-4-1.5). (c)Where an emergency detention petition is approved by a judge (I.C. § 12-26-5-2). Individuals shall not be transported to a state institution unless the emergency detention petition was filed by a state institution or the court order specifies otherwise (I.C. § 12-26-4-1; I.C. § 12-26-4-1.5; I.C. § 12-26-5-2). 410.3.1 VOLUNTARY EVALUATION If an officer encounters an individual who may qualify for an involuntary detention, they may inquire as to whether the person desires to be voluntarily evaluated at an appropriate facility. If the person so desires, the officer should: (a)Transport the person to an appropriate facility that is able to conduct the evaluation and admit the person. (b)If at any point the person changes his/her mind regarding voluntary evaluation, the officers should proceed with the involuntary immediate detention, if appropriate (I.C. § 12-26-4-1). Jeffersonville Police Department Policy Manual Involuntary Detentions Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Involuntary Detentions - 249 (c)Document the circumstances surrounding the individual’s desire to pursue voluntary evaluation and/or admission. 410.4 CONSIDERATIONS AND RESPONSIBILITIES Any officer handling a call involving a person who may qualify for involuntary immediate detention should consider, as time and circumstances reasonably permit: (a)Available information that might assist in determining the possible cause and nature of the person’s action or stated intentions. (b)Community or neighborhood mediation services. (c)Conflict resolution and de-escalation techniques. (d)Community or other resources that may be readily available to assist with mental health issues. While these steps are encouraged, nothing in this section is intended to dissuade officers from taking reasonable action to ensure the safety of the officers and others. Involuntary detentions should be preferred over arrest for people who have mental health issues and are suspected of committing minor violations or creating other public safety issues. 410.5 TRANSPORTATION When transporting any individual for involuntary detention, the transporting officer should have Central Alarm notify the receiving facility of the estimated time of arrival, the level of cooperation of the individual and whether any special medical care is needed. Officers may transport individuals in the patrol unit and shall secure them in accordance with the Handcuffing and Restraints Policy. Should the detainee require transport in a medical transport vehicle and the safety of any person, including the detainee, requires the presence of an officer during the transport, Officer in Charge approval is required before transport commences. 410.6 TRANSFER TO APPROPRIATE FACILITY Upon arrival at the facility, the officer will escort the individual into a treatment area designated by a facility staff member. If the individual is not seeking treatment voluntarily, the officer should provide the staff member with the emergency petition or written statement containing the basis for the officer’s belief the person qualifies for involuntary detention and remain present to provide clarification of the grounds for detention, upon request. Absent exigent circumstances, the transporting officer should not assist facility staff with the admission process, including restraint of the individual. However, if the individual is transported and delivered while restrained, the officer may assist with transferring the individual to facility restraints and will be available to assist during the admission process, if requested. Under normal circumstances, officers will not apply facility-ordered restraints. Jeffersonville Police Department Policy Manual Involuntary Detentions Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Involuntary Detentions - 250 410.7 DOCUMENTATION The written statement containing the basis for the conclusion that reasonable grounds exist for immediate detention shall be provided to the facility staff member assigned to the individual. A copy shall be retained for inclusion in the case report and filed with the court if any related criminal charges are filed by the officer (I.C. § 12-26-4-3). The officer should also provide a verbal summary to any evaluating staff member regarding the circumstances leading to the involuntary detention. 410.8 CRIMINAL OFFENSES Officers investigating an individual who is suspected of committing a minor criminal offense and who is being taken into custody on an involuntary detention should resolve the criminal matter by issuing a summons and promise to appear in court, as appropriate. When an individual who may qualify for an involuntary detention has committed a serious criminal offense that would normally result in an arrest and transfer to a jail facility, the officer should: (a)Arrest the individual when there is probable cause to do so. (b)Notify the appropriate supervisor of the facts supporting the arrest and the facts that would support the involuntary detention. (c)Facilitate the individual’s transfer to jail. (d)Thoroughly document in the related reports the circumstances that indicate the individual may qualify for an involuntary detention. In the supervisor’s judgment, the individual may be arrested or booked and transported to the appropriate mental health facility. The supervisor should consider the seriousness of the offense, the treatment options available, the ability of this department to regain custody of the individual, department resources (e.g., posting a guard) and other relevant factors in making this decision. 410.9 FIREARMS AND OTHER WEAPONS Whenever a person is taken into custody for an involuntary detention, the handling officers should seek to determine if the individual owns or has access to any firearm or other deadly weapon. Officers should consider whether it is appropriate and consistent with current search and seizure law under the circumstances to seize any such firearms or other dangerous weapons (e.g., safekeeping, evidence, consent). A firearm may be seized under I.C. § 35-47-14-3 if the officer believes the person presents an imminent risk of personal injury to him/herself or another and the officer submits to the circuit or superior court having jurisdiction over the person a written statement under oath or affirmation describing the basis for the belief that the person is dangerous. Officers are cautioned that a search warrant may be needed before entering a residence or other place to search, unless lawful warrantless entry has already been made (e.g., exigent circumstances, consent). A warrant may also be needed before searching for or seizing weapons. Jeffersonville Police Department Policy Manual Involuntary Detentions Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Involuntary Detentions - 251 The handling officer should further advise the person of the procedure for the return of any firearm or other weapon that has been taken into custody. 410.10 TRAINING This department will provide department-approved training on interaction with mentally ill persons, involuntary detentions and crisis intervention (I.C. § 5-2-1-9(g)). Policy 411 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Summons and Release - 252 Summons and Release 411.1 PURPOSE AND SCOPE The purpose of this policy is to provide members of the Jeffersonville Police Department with guidance on when to release adults who are suspected offenders on a summons and promise to appear in court for a criminal offense, rather than having the person held in custody for a court appearance or released on bail. Additional release restrictions may apply to those detained for domestic violence, as outlined in the Domestic or Family Violence Policy. 411.2 POLICY The Jeffersonville Police Department will consider its resources and its mission of protecting the community when exercising any discretion to release suspected offenders on a summons and promise to appear in court, when authorized to do so. 411.3 RELEASE A suspected offender may be released on issuance of a summons and promise to appear in court for any misdemeanor except when the offender is (I.C. § 35-33-4-1; I.C. § 9-30-2-5): (a)Arrested for a traffic misdemeanor other than the misdemeanor of operating a vehicle while intoxicated (OWI). The offender shall be immediately taken to court or released from custody upon signing a written promise to appear in court. (b)Not an Indiana resident and is arrested for a misdemeanor that regulates the use and operation of a motor vehicle. If the offender is not immediately taken to court, he/she shall be released upon the deposit of a security, if required. 411.4 PROHIBITIONS The release of a suspected offender on a summons and promise to appear in court is not permitted when: (a)The person is arrested for a felony (I.C. § 35-33-4-1(f)). (b)The person is arrested for a motor vehicle misdemeanor, except for OWI, when the person (I.C. § 9-30-2-4): 1.Demands an immediate appearance before a court. 2.Is charged with an offense of causing or contributing to an accident resulting in injury to, or death of, another person. 3.Is charged with failure to stop for an accident causing death, personal injuries or damage to property. 4.Refuses to give his/her written promise to appear in court. 5.Is charged with driving while his/her license is suspended or revoked. See the Domestic or Family Violence Policy for release restrictions related to those investigations. Jeffersonville Police Department Policy Manual Summons and Release Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Summons and Release - 253 411.5 CONSIDERATIONS In determining whether to release a person on a summons and promise to appear in court when discretion is permitted, officers should consider: (a)The type of offense committed. (b)The known criminal history of the suspected offender. (c)The ability to identify the suspected offender with reasonable certainty. (d)Whether there is any record of the person failing to appear in previous cases or there are other articulable indications that the person may not appear in court for this offense. (e)The person’s ties to the area, such as residence, employment or family. (f)Whether there is reasonable likelihood that criminal conduct by the person will continue. Policy 412 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Foreign Diplomatic and Consular Representatives - 254 Foreign Diplomatic and Consular Representatives 412.1 PURPOSE AND SCOPE This policy provides guidelines to ensure that members of the Jeffersonville Police Department extend appropriate privileges and immunities to foreign diplomatic and consular representatives in accordance with international law. 412.2 POLICY The Jeffersonville Police Department respects international laws related to the special privileges and immunities afforded foreign diplomatic and consular representatives assigned to the United States. All foreign diplomatic and consular representatives shall be treated with respect and courtesy, regardless of any privileges or immunities afforded them. 412.3 CLAIMS OF IMMUNITY If a member comes into contact with a person where law enforcement action may be warranted and the person claims diplomatic or consular privileges and immunities, the member should, without delay: (a)Notify a supervisor. (b)Advise the person that his/her claim will be investigated and he/she may be released in accordance with the law upon confirmation of the person’s status. (c)Request the person’s identification card, either issued by the U.S. Department of State (DOS), Office of the Chief of Protocol, or in the case of persons accredited to the United Nations, by the U.S. Mission to the United Nations. These are the only reliable documents for purposes of determining privileges and immunities. (d)Contact the DOS Diplomatic Security Command Center at 571–345–3146 or toll-free at 866–217–2089, or at another current telephone number, and inform the center of the circumstances. (e)Verify the immunity status with DOS and follow any instructions regarding further detention, arrest, prosecution and/or release, as indicated by the DOS representative. This may require immediate release, even if a crime has been committed. Identity or immunity status should not be presumed from the type of license plates displayed on a vehicle. If there is a question as to the status or the legitimate possession of a Diplomat or Consul license plate, a query should be run via the National Law Enforcement Telecommunications System (NLETS), designating “US” as the state. Jeffersonville Police Department Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Foreign Diplomatic and Consular Representatives - 255 412.4 ENFORCEMENT ACTION If the DOS is not immediately available for consultation regarding law enforcement action, members shall be aware of the following: (a)Generally, all persons with diplomatic and consular privileges and immunities may be issued a citation or notice to appear. However, the person may not be compelled to sign the citation. (b)All persons, even those with a valid privilege or immunity, may be reasonably restrained in exigent circumstances for purposes of self-defense, public safety or the prevention of serious criminal acts. (c)An impaired foreign diplomatic or consular representative may be prevented from driving a vehicle, even if the person may not be arrested due to privileges and immunities. 1.Investigations, including the request for field sobriety tests, chemical tests and any other tests regarding impaired driving may proceed but they shall not be compelled. (d)The following persons may not be detained or arrested, and any property or vehicle owned by these persons may not be searched or seized: 1.Diplomatic-level staff of missions to international organizations and recognized family members 2.Diplomatic agents and recognized family members 3.Members of administrative and technical staff of a diplomatic mission and recognized family members 4.Career consular officers, unless the person is the subject of a felony warrant (e)The following persons may generally be detained and arrested: 1.International organization staff; however, some senior officers are entitled to the same treatment as diplomatic agents 2.Support staff of missions to international organizations 3.Diplomatic service staff and consular employees; however, special bilateral agreements may exclude employees of certain foreign countries 4.Honorary consular officers 412.5 DOCUMENTATION All contacts with persons who have claimed privileges and immunities afforded foreign diplomatic and consular representatives should be thoroughly documented and the related reports forwarded to DOS. 412.6 DIPLOMATIC IMMUNITY Reference table on diplomatic immunity: Jeffersonville Police Department Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Foreign Diplomatic and Consular Representatives - 256 Category Arrested or Detained Enter Residence Subject to Ordinary Procedures Issued Traffic Citation Subpoenaed as Witness Prosecuted Recognized Family Members Diplomatic Agent No (note (b)) No Yes No No Same as sponsor (full immunity & inviolability) Member of Admin and Tech Staff No (note (b)) No Yes No No Same as sponsor (full immunity & inviolability) Service Staff Yes (note (a)) Yes Yes Yes No for official acts. Yes otherwise (note (a)) No immunity or inviolability (note (a)) Career Consul Officer Yes if for a felony and pursuant to a warrant (note (a)) Yes (note (d)) Yes No for official acts Testimony may not be compelled in any case No for official acts Yes otherwise (note (a)) No immunity or inviolability Honorable Consul Officer Yes Yes Yes No for official acts Yes otherwise No for official acts Yes otherwise No immunity or inviolability Consulate Employees Yes (note (a)) Yes Yes No for official acts Yes otherwise No for official acts Yes otherwise (note (a)) No immunity or inviolability (note (a)) Int’l Org Staff (note (b)) Yes (note (c)) Yes (note (c)) Yes Yes (note (c)) No for official acts Yes otherwise (note (c)) No immunity or inviolability Jeffersonville Police Department Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Foreign Diplomatic and Consular Representatives - 257 Diplomatic- Level Staff of Missions to Int’l Orgs No (note (b)) No Yes No No Same as sponsor (full immunity and inviolability) Support Staff of Missions to Int’l Orgs Yes Yes Yes Yes No for official acts Yes otherwise No immunity or inviolability Notes for diplomatic immunity table: (a)This table represents general rules. The employees of certain foreign countries may enjoy higher levels of privileges and immunities on the basis of special bilateral agreements. (b)Reasonable constraints, however, may be applied in emergency circumstances involving self-defense, public safety or the prevention of serious criminal acts. (c)A small number of senior officers are entitled to be treated identically to diplomatic agents. (d)Note that consul residences are sometimes located within the official consular premises. In such cases, only the official office space is protected from police entry. Policy 413 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Rapid Response and Deployment - 258 Rapid Response and Deployment 413.1 PURPOSE AND SCOPE Violence that is committed in schools, workplaces and other locations by individuals or a group of individuals who are determined to target and kill persons and to create mass casualties presents a difficult situation for law enforcement. The purpose of this policy is to identify guidelines and factors that will assist officers in situations that call for rapid response and deployment. 413.2 POLICY The Jeffersonville Police Department will endeavor to plan for rapid response to crisis situations, and to coordinate response planning with other emergency services as well as with those who are responsible for operating sites that may be the target of a critical incident. Nothing in this policy shall preclude the use of reasonable force, deadly or otherwise, by members of the Department in protecting themselves or others from death or serious injury. 413.3 CONSIDERATIONS When dealing with a crisis situation members should: (a)Assess the immediate situation and take reasonable steps to maintain operative control of the incident. (b)Obtain, explore and analyze sources of intelligence and known information regarding the circumstances, location and suspect involved in the incident. (c)Attempt to attain a tactical advantage over the suspect by reducing, preventing or eliminating any known or perceived threat. (d)Attempt, if feasible and based upon the suspect’s actions and danger to others, a negotiated surrender of the suspect and release of the hostages. 413.4 FIRST RESPONSE If there is a reasonable belief that acts or threats by a suspect are placing lives in imminent danger, first responding officers should consider reasonable options to reduce, prevent or eliminate the threat. Officers must decide, often under a multitude of difficult and rapidly evolving circumstances, whether to advance on the suspect, take other actions to deal with the threat or wait for additional resources. If a suspect is actively engaged in the infliction of serious bodily harm or other life-threatening activity toward others, officers should take immediate action, if reasonably possible, while requesting additional assistance. Officers should remain aware of the possibility that an incident may be part of a coordinated multi- location attack that may require some capacity to respond to incidents at other locations. When deciding on a course of action officers should consider: Jeffersonville Police Department Policy Manual Rapid Response and Deployment Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Rapid Response and Deployment - 259 (a)Whether to advance on or engage a suspect who is still a possible or perceived threat to others. Any advancement or engagement should be based on information known or received at the time. (b)Whether to wait for additional resources or personnel. This does not preclude an individual officer from taking immediate action. (c)Whether individuals who are under imminent threat can be moved or evacuated with reasonable safety. (d)Whether the suspect can be contained or denied access to victims. (e)Whether the officers have the ability to effectively communicate with other personnel or resources. (f)Whether planned tactics can be effectively deployed. (g)The availability of rifles, shotguns, shields, breaching tools, control devices and any other appropriate tools, and whether the deployment of these tools will provide a tactical advantage. In the case of a barricaded or trapped suspect, with no hostages and no immediate threat to others, officers should consider covering escape routes and evacuating persons as appropriate, while summoning and waiting for additional assistance (e.g., special tactics and/or hostage negotiation team response). 413.5 PLANNING The Uniform Patrol Commander should coordinate critical incident planning. Planning efforts should consider: (a)Identification of likely critical incident target sites, such as schools, shopping centers, entertainment venues and sporting event venues. (b)Availability of building plans and venue schematics of likely critical incident target sites. (c)Communications interoperability with other law enforcement and emergency service agencies. (d)Training opportunities in critical incident target sites, including joint training with site occupants. (e)Evacuation routes in critical incident target sites. (f)Patrol first-response training. (g)Response coordination and resources of emergency medical and fire services. (h)Equipment needs. (i)Mutual aid agreements with other agencies. (j)Coordination with private security providers in critical incident target sites. Jeffersonville Police Department Policy Manual Rapid Response and Deployment Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Rapid Response and Deployment - 260 413.6 TRAINING The Training Commander should include rapid response to critical incidents in the training plan. This training should address: (a)Orientation to likely critical incident target sites, such as schools, shopping centers, entertainment venues and sporting event venues. (b)Communications interoperability with other law enforcement and emergency service agencies. (c)Patrol first-response training, including patrol rifle, shotgun, breaching tool and control device training. (d)First aid, including gunshot trauma. (e)Reality-based scenario training (e.g., active shooter, disgruntled violent worker). Policy 414 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Immigration Violations - 261 Immigration Violations 414.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to members of the Jeffersonville Police Department for investigating and enforcing immigration laws (I.C. § 5-2-18.2-4). 414.2 POLICY It is the policy of the Jeffersonville Police Department that all members make personal and professional commitments to equal enforcement of the law and equal service to the public. Confidence in this commitment will increase the effectiveness of this department in protecting and serving the entire community and recognizing the dignity of all persons, regardless of their immigration status. 414.3 VICTIMS AND WITNESSES To encourage crime reporting and cooperation in the investigation of criminal activity, all individuals, regardless of their immigration status, must feel secure that contacting or being addressed by members of law enforcement will not automatically lead to immigration inquiry and/ or deportation. While it may be necessary to determine the identity of a victim or witness, members shall treat all individuals equally and without regard to race, color or national origin in any way that would violate the United States or Indiana Constitutions (I.C. § 5-2-18.2-8). An officer may not request verification of the citizenship or immigration status of an individual from federal immigration authorities if the individual is only reporting a crime or is a victim or witness to a crime (I.C. § 5-2-20-3). 414.4 ENFORCEMENT An officer may detain an individual when there are facts supporting a reasonable suspicion that the individual entered into the United States in violation of a federal criminal law. Federal authorities shall be notified as soon as possible and the detained individual shall be immediately released if the federal authorities do not want the person held. An officer should not detain any individual, for any length of time, for a civil violation of federal immigration laws or a related civil warrant. 414.4.1 CIVIL VS. CRIMINAL FEDERAL OFFENSES An individual who enters into the United States illegally has committed a misdemeanor (8 USC § 1325(a)). Generally, an alien who initially made a legal entry into the United States but has remained beyond what is a legal period has committed a federal civil offense. Reasonable suspicion that a criminal immigration violation has occurred shall not be based on race, color, national origin or any other generalization that would cast suspicion on or stigmatize any person, except to the extent permitted by the United States or Indiana Constitutions. Instead, the totality of circumstances shall be used to determine reasonable suspicion, and shall include factors weighing for and against reasonable suspicion. Jeffersonville Police Department Policy Manual Immigration Violations Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Immigration Violations - 262 Factors that may be considered in determining reasonable suspicion that a criminal immigration violation has occurred may include, but are not limited to: (a)An admission that the person entered the United States illegally. (b)Reason to suspect that the person possesses immigration documentation that is forged, altered or otherwise indicative that the person is not legally present in the United States. (c)While a lack of English proficiency may be considered, it should not be the sole factor in establishing reasonable suspicion. When practicable, reasonable effort should be made to accommodate persons with limited English proficiency. (d)Other factors based upon training and experience. 414.4.2 IMMIGRATION CHECKS Immigration status may be determined through any of the following sources: (a)A law enforcement officer who is authorized by the federal government under 8 USC § 1357 to verify or ascertain an alien's immigration status (sometimes referred to as a 287(g) certified officer) (b)Immigration and Customs Enforcement (ICE) (c)U.S. Customs and Border Protection (CBP) An officer shall verify from a 287(g) certified officer, ICE or CBP whether a person’s presence in the United States relates to a federal civil violation or a criminal violation. If the officer has facts that establish probable cause to believe that a person already lawfully detained has committed a criminal immigration offense, he/she may continue the detention and may request ICE or CBP to respond to the location to take custody of the detained person. In addition, the officer should notify a supervisor as soon as practicable. No individual who is otherwise ready to be released should continue to be detained only because questions about the individual’s status are unresolved. An officer is encouraged to forgo detentions made solely on the basis of a misdemeanor offense when time limitations, availability of personnel, issues of officer safety, communication capabilities or the potential to obstruct a separate investigation outweigh the need for the detention. 414.4.3 SUPERVISOR RESPONSIBILITIES When notified that an officer has detained a person and established probable cause to believe the person has violated a criminal immigration offense, the supervisor should: (a)Confirm that the detained person’s immigration status was properly verified. (b)Ensure that the detained person is taken into custody when appropriate. Take any additional steps necessary that may include, but are not limited to: 1.Transfer to federal authorities. 2.Lawful arrest for a criminal offense or warrant. Jeffersonville Police Department Policy Manual Immigration Violations Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Immigration Violations - 263 414.5 ARREST NOTIFICATION TO IMMIGRATION AND CUSTOMS ENFORCEMENT Generally, an officer will not need to notify ICE when booking arrestees at the City jail. Immigration officials routinely interview suspected undocumented aliens who are booked into the City jail on criminal charges. Notification will be handled according to jail operation procedures. No individual who is otherwise ready to be released should continue to be detained solely for the purpose of notification. 414.6 ICE REQUEST FOR ASSISTANCE Requests by ICE, or any other federal agency, for assistance from this department should be directed to a supervisor. The Department may provide available support services, such as traffic control or peacekeeping efforts, to ICE or other federal agencies (I.C. § 5-2-18.2-3). 414.7 INFORMATION SHARING No member of this department will prohibit, or in any way restrict, any other member from doing any of the following regarding the citizenship or immigration status, lawful or unlawful, of any individual (8 USC § 1373; I.C. § 5-2-18.2-3): (a)Sending information to, or requesting or receiving such information from ICE (b)Maintaining such information in department records (c)Exchanging such information with any other federal, state or local government entity (d)Exercising any duty to cooperate with state or federal agencies as provided in I.C. § 5-2-18.2-7 414.7.1 IMMIGRATION HOLDS No individual should be held based solely on a federal immigration detainer under 8 CFR 287.7 unless the person has been charged with a federal crime or the detainer is accompanied by a warrant, affidavit of probable cause or removal order. Notification to the federal authority issuing the detainer should be made prior to the release. 414.8 U VISA AND T VISA NON-IMMIGRANT STATUS Under certain circumstances, federal law allows temporary immigration benefits, known as a U visa, to victims and witnesses of certain qualifying crimes (8 USC § 1101(a)(15)(U)). A law enforcement certification for a U visa may be completed by an officer in order for a U visa to be issued. Similar immigration protection, known as a T visa, is available for certain qualifying victims of human trafficking (8 USC § 1101(a)(15)(T)). A law enforcement declaration for a T visa may be completed by an officer in order for a T visa to be issued. Any request for assistance in applying for U visa or T visa status should be forwarded in a timely manner to the Detective Division supervisor assigned to oversee the handling of any related case. The Detective Division supervisor should: Jeffersonville Police Department Policy Manual Immigration Violations Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Immigration Violations - 264 (a)Consult with the assigned investigator to determine the current status of any related case and whether further documentation is warranted. (b)Contact the appropriate prosecutor assigned to the case, if applicable, to ensure the certification or declaration has not already been completed and whether a certification or declaration is warranted. (c)Address the request and complete the certification or declaration, if appropriate, in a timely manner. 1.The instructions for completing certification and declaration forms can be found on the U.S. Department of Homeland Security (DHS) website. (d)Ensure that any decision to complete, or not complete, a certification or declaration form is documented in the case file and forwarded to the appropriate prosecutor. Include a copy of any completed form in the case file. 414.9 TRAINING The Training Commander shall ensure that all appropriate members receive immigration training as required. Policy 415 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Utility Service Emergencies - 265 Utility Service Emergencies 415.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for addressing City utility service emergencies. This policy will address calls for service that are directed to the Police Department. 415.2 POLICY It is the policy of the Jeffersonville Police Department to appropriately respond to City emergency utility service requests received by this department. 415.3 UTILITY SERVICE EMERGENCY A current contact list of City personnel to be notified in the event of a utility service emergency should be available in Central Alarm. 415.3.1 WATER LINES The City’s responsibility for water lines ends at the water meter; any break or malfunction in the water system from the water meter to a residence or business is the responsibility of the customer. If a water line break occurs on the City side of the water meter, public works personnel should be notified as soon as practicable. 415.3.2 ELECTRICAL LINES When a power line poses a hazard, a member of this department should be dispatched to the reported location to protect against personal injury or property damage that might be caused by the power line. The fire department, electric company and/or the public works department should be promptly notified, as appropriate. 415.3.3 RESERVOIRS, PUMPS, WELLS In the event of flooding or equipment malfunctions involving City reservoirs, pumps or wells, the public works department should be contacted as soon as practicable. 415.3.4 NATURAL GAS LINES All reports of a possible leak of natural gas or damage to a natural gas line shall promptly be referred to the fire department and the local entity responsible for gas lines. A member of this department should be dispatched to the reported location if it appears that assistance such as traffic control or evacuation is needed. 415.3.5 TRAFFIC SIGNALS A member of this department should be dispatched upon report of a damaged or malfunctioning traffic signal in order to protect against personal injury or property damage that might occur as the result of the damaged or malfunctioning signal. The member will advise Central Alarm of the problem with the traffic signal. The telecommunications operator should make the necessary notification to the appropriate traffic signal maintenance agency as soon as practicable. Jeffersonville Police Department Policy Manual Utility Service Emergencies Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Utility Service Emergencies - 266 A decision to place a signal on flash should include a consultation with the appropriate traffic signal maintenance agency, unless exigent circumstances exist. Policy 416 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Aircraft Accidents - 267 Aircraft Accidents 416.1 PURPOSE AND SCOPE The purpose of this policy is to provide department members with guidelines for handling aircraft accidents. This policy does not supersede, and is supplementary to, applicable portions of the Crime and Disaster Scene Integrity or Hazardous Material Response policies. 416.1.1 DEFINITIONS Definitions related to this policy include: Aircraft - Any fixed wing aircraft, rotorcraft, balloon, blimp/dirigible or glider that is capable of carrying a person or any unmanned aerial vehicle other than those intended for non-commercial recreational use. 416.2 POLICY It is the policy of the Jeffersonville Police Department to provide an appropriate emergency response to aircraft accidents. This includes emergency medical care and scene management. 416.3 ARRIVAL AT SCENE Officers or other authorized members tasked with initial scene management should establish an inner and outer perimeter to: (a)Protect persons and property. (b)Prevent any disturbance or further damage to the wreckage or debris, except to preserve life or rescue the injured. (c)Preserve ground scars and marks made by the aircraft. (d)Manage the admission and access of public safety and medical personnel to the extent necessary to preserve life or to stabilize hazardous materials. (e)Maintain a record of persons who enter the accident site. (f)Consider implementation of an Incident Command System (ICS). 416.4 INJURIES AND CASUALTIES Members should address emergency medical issues and provide care as a first priority. Those tasked with the supervision of the scene should coordinate with the National Transportation Safety Board (NTSB) prior to the removal of any decedents. If that is not possible, the scene supervisor should ensure documentation of what was disturbed, including switch/control positions and instrument/gauge readings. Jeffersonville Police Department Policy Manual Aircraft Accidents Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Aircraft Accidents - 268 416.5 NOTIFICATIONS When an aircraft accident is reported to this department, the responding supervisor shall ensure notification is or has been made to NTSB, the Federal Aviation Administration (FAA), and when applicable, the appropriate branch of the military. Supervisors shall ensure other notifications are made once an aircraft accident has been reported. The notifications will vary depending on the type of accident, extent of injuries or damage, and the type of aircraft involved. When an aircraft accident has occurred, it is generally necessary to notify the following: (a)Fire department (b)Appropriate airport tower (c)Emergency medical services (EMS) 416.6 CONTROLLING ACCESS AND SCENE AUTHORITY Prior to NTSB arrival, scene access should be limited to authorized personnel from the following: (a)FAA (b)Fire department, EMS or other assisting law enforcement agencies (c)Coroner (d)Appropriate branch of the military, when applicable (e)Other emergency services agencies (e.g., hazardous materials teams, biohazard decontamination teams, fuel recovery specialists, explosive ordnance disposal specialists) The NTSB has primary responsibility for investigating accidents involving civil aircraft. In the case of a military aircraft accident, the appropriate branch of the military will have primary investigation responsibility. After the NTSB or military representative arrives on scene, the efforts of this department will shift to a support role for those agencies. If NTSB or a military representative determines that an aircraft or accident does not qualify under its jurisdiction, the on-scene department supervisor should ensure the accident is still appropriately investigated and documented. 416.7 DANGEROUS MATERIALS Members should be aware of potentially dangerous materials that might be present. These may include, but are not limited to, the following: •Fuel, chemicals, explosives, biological or radioactive materials and bombs or other ordnance •Pressure vessels, compressed gas bottles, accumulators and tires •Fluids, batteries, flares and igniters Jeffersonville Police Department Policy Manual Aircraft Accidents Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Aircraft Accidents - 269 •Evacuation chutes, ballistic parachute systems and composite materials 416.8 DOCUMENTATION All aircraft accidents occurring within the City of Jeffersonville shall be documented. At a minimum the documentation should include the date, time and location of the incident; any witness statements, if taken; the names of JPD members deployed to assist; other City resources that were utilized; and cross reference information to other investigating agencies. Suspected criminal activity should be documented on the appropriate crime report. 416.8.1 WRECKAGE When reasonably safe, members should obtain the following: •Aircraft registration number (N number) •Number of casualties •Photographs or video of the overall wreckage, including the cockpit and damage, starting at the initial point of impact, if possible •Photographs or video of any ground scars or marks made by the aircraft 416.8.2 WITNESSES Members tasked with contacting witnesses should obtain the following: (a)Witness location at the time of his/her observation relative to the accident site (b)Detailed description of what was observed or heard (c)Names of all persons reporting the accident, even if not yet interviewed (d)Audio recordings of reports to 9-1-1 regarding the accident and dispatch records 416.9 MEDIA RELATIONS The Public Information Officer should coordinate a response to the media, including access issues, road closures, detours and any safety information that is pertinent to the surrounding community. Any release of information regarding details of the accident itself should be coordinated with the NTSB, if it is assuming responsibility for the investigation. The Jeffersonville Police Department will generally be responsible for any family notifications and the release of victims’ names. The NTSB generally will not assume these tasks. Policy 417 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Field Training - 270 Field Training 417.1 PURPOSE AND SCOPE This policy provides guidelines for field training that ensure standardized training and evaluation, facilitate the transition from the academic setting to the actual performance of general law enforcement duties, and introduce the policies, procedures and operations of the Jeffersonville Police Department. The policy addresses the administration of field training and the selection, supervision, training and responsibilities of the Field Training Officer (FTO). 417.2 POLICY It is the policy of the Jeffersonville Police Department that all newly hired or appointed officer trainees will participate in field training that is staffed and supervised by trained and qualified FTOs. 417.3 FIELD TRAINING The Department shall establish minimum standards for field training, which should be of sufficient duration to prepare officer trainees for law enforcement duties and be in compliance with Indiana Law Enforcement Training Board requirements. The field training is designed to prepare trainees for a patrol assignment and ensure they acquire the skills needed to operate in a safe, productive and professional manner, in accordance with the general law enforcement duties of this department. To the extent practicable, field training should include procedures for: (a)Issuance of training materials to each trainee at the beginning of his/her field training. (b)Daily, weekly and monthly evaluation and documentation of the trainee’s performance. (c)A multiphase structure that includes: 1.A formal evaluation progress report completed by the FTOs involved with the trainee and submitted to the Training Commander and FTO coordinator. 2.Assignment of the trainee to a variety of shifts and geographical areas. 3.Assignment of the trainee to a rotation of FTOs in order to provide for an objective evaluation of the trainee’s performance. (d)The trainee’s confidential evaluation of his/her assigned FTOs and the field training process. (e)Retention of all field training documentation in the officer trainee’s training file including: 1.All performance evaluations. 2.A certificate of completion certifying that the trainee has successfully completed the required number of field training hours. Jeffersonville Police Department Policy Manual Field Training Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Field Training - 271 417.4 FTO COORDINATOR The Chief of Police shall delegate certain responsibilities to an FTO coordinator. The FTO coordinator shall be appointed by and directly responsible to the Assistant Chief or the authorized designee. The FTO coordinator may appoint a senior FTO or other designee to assist in the coordination of FTOs and their activities. The responsibilities of the coordinator include, but are not limited to: (a)Assigning of trainees to FTOs. (b)Conducting FTO meetings. (c)Maintaining and ensuring FTO and trainee performance evaluations are completed. (d)Maintaining, updating and issuing department training materials to each FTO and trainee. (e)Developing ongoing training for FTOs. (f)Mentoring and supervising individual FTO performance. (g)Monitoring the overall performance of field training. (h)Keeping the Uniform Patrol Commander informed through monthly evaluation reports about the trainees’ progress. (i)Maintaining liaison with police academy staff on recruit officer performance during academy attendance. (j)Performing other activities as may be directed by the Assistant Chief. The FTO coordinator will be required to successfully complete a training course approved by this department that is applicable to supervision of field training within one year of appointment to this position. 417.5 FTO SELECTION, TRAINING AND RESPONSIBILITIES 417.5.1 SELECTION PROCESS The selection of an FTO will be at the discretion of the Chief of Police or the authorized designee. Selection will be based on the officer’s: (a)Desire to be an FTO. (b)Experience, which shall include a minimum of four years of patrol experience, two of which shall be with this department. (c)Demonstrated ability as a positive role model. (d)Successful completion of an internal oral interview process. (e)Evaluation by supervisors and current FTOs. (f)Possession of, or ability to obtain, department-approved certification. Jeffersonville Police Department Policy Manual Field Training Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Field Training - 272 An FTO must remain in good standing and may be relieved from FTO duties due to discipline, inappropriate conduct or poor performance. 417.5.2 TRAINING An officer selected as an FTO shall successfully complete the department-approved FTO course prior to being assigned as an FTO. All FTOs must complete an FTO update course approved by this department every three years while assigned to the position of FTO. 417.5.3 TRAINING MATERIALS The FTO shall receive training materials outlining the requirements, expectations and objectives of the FTO position. FTOs should refer to their training materials or the FTO coordinator regarding specific questions related to FTO or field training. 417.5.4 RESPONSIBILITIES The responsibilities of the FTO include, but are not limited to: (a)Issuing his/her assigned trainee field training materials in accordance with the Training Policy. 1.The FTO shall ensure that the trainee has the opportunity to become knowledgeable of the subject matter and proficient with the skills as set forth in the training materials. 2.The FTO shall sign off on all completed topics contained in the training materials, noting the methods of learning and evaluating the performance of his/her assigned trainee. (b)Completing and reviewing daily performance evaluations with the trainee. (c)Completing and submitting a written evaluation on the performance of his/her assigned trainee to the FTO coordinator on a daily basis. (d)Providing the shift supervisor with a verbal synopsis of the trainee’s activities at the end of each day or during any unusual occurrence needing guidance or clarification. 417.6 FTO MANAGER RESPONSIBILITIES The responsibilities of the FTO Manager include, but are not limited to: (a)Completing a detailed weekly performance evaluation of his/her assigned trainee at the end of each week. (b)Completing a monthly evaluation report of his/her assigned trainine at the end of each month. Policy 418 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Air Support - 273 Air Support 418.1 PURPOSE AND SCOPE The use of air support can be invaluable in certain situations. This policy specifies situations where the use of air support may be requested and the responsibilities for making a request. 418.2 POLICY It is the policy of the Jeffersonville Police Department to prioritize requests for air support to enhance law enforcement objectives and provide additional safety to officers and the community. 418.3 REQUEST FOR AIR SUPPORT If a supervisor or officer in charge of an incident determines that the use of air support would be beneficial, a request to obtain air support may be made. 418.3.1 CIRCUMSTANCES FOR REQUESTS Law enforcement air support may be requested under conditions that include, but are not limited to: (a)When the safety of officers or the community is in jeopardy and the presence of air support may reduce such hazard. (b)When the use of air support will aid in the capture of a suspected fleeing felon whose continued freedom represents an ongoing threat to officers or the community. (c)When air support is needed to locate a person who is lost and whose continued absence constitutes a serious health or safety hazard. (d)Vehicle pursuits. (e)Pre-planned events or actions that require air support. (f)Due to a request under an existing mutual aid agreement. (g)When the Uniform Patrol Commander or equivalent authority determines a reasonable need exists. 418.3.2 ALLIED AGENCY REQUEST After consideration and approval of the request for air support, the Officer in Charge or the authorized designee will call the closest agency having available air support and will apprise that agency of the specific details of the incident prompting the request. Policy 419 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Contacts and Temporary Detentions - 274 Contacts and Temporary Detentions 419.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for temporarily detaining but not arresting persons in the field, conducting field interviews (FI) and pat-down searches, and the taking and disposition of photographs. 419.1.1 DEFINITIONS Definitions related to this policy include: Consensual encounter - When an officer contacts an individual but does not create a detention through words, actions or other means. In other words, a reasonable individual would believe that his/her contact with the officer is voluntary. Field Interview (FI) - The brief detainment of an individual, whether on foot or in a vehicle, based on reasonable suspicion for the purpose of determining the individual's identity and resolving the officer's suspicions. Field photographs - Posed photographs taken of a person during a contact, temporary detention or arrest in the field. Undercover surveillance photographs of an individual and recordings captured by the normal operation of a Mobile Audio/Video (MAV) system or public safety camera when persons are not posed for the purpose of photographing are not considered field photographs. Pat-down search - A type of search used by officers in the field to check an individual for dangerous weapons. It involves a thorough patting down of clothing to locate any weapons or dangerous items that could pose a danger to the officer, the detainee or others. Reasonable suspicion - When, under the totality of the circumstances, an officer has articulable facts that criminal activity may be afoot and a particular person is connected with that possible criminal activity. Temporary detention - When an officer intentionally, through words, actions or physical force, causes an individual to reasonably believe he/she is required to restrict his/her movement without an actual arrest. Temporary detentions also occur when an officer actually restrains a person’s freedom of movement. 419.2 POLICY The Jeffersonville Police Department respects the right of the public to be free from unreasonable searches or seizures. Due to an unlimited variety of situations confronting the officer, the decision to temporarily detain a person and complete an FI, pat-down search or field photograph shall be left to the officer based on the totality of the circumstances, officer safety considerations and constitutional safeguards. Jeffersonville Police Department Policy Manual Contacts and Temporary Detentions Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Contacts and Temporary Detentions - 275 419.3 FIELD INTERVIEWS Based on observance of suspicious circumstances or upon information from investigation, an officer may initiate the stop of a person, and conduct an FI, when there is articulable, reasonable suspicion to do so. A person, however, shall not be detained longer than is reasonably necessary to resolve the officer’s suspicion. Nothing in this policy is intended to discourage consensual contacts. Frequent casual contact with consenting individuals is encouraged by the Jeffersonville Police Department to strengthen community involvement, community awareness and problem identification. 419.3.1 INITIATING A FIELD INTERVIEW When initiating the stop, the officer should be able to point to specific facts which, when considered with the totality of the circumstances, reasonably warrant the stop. Such facts include, but are not limited to, an individual’s: (a)Appearance or demeanor suggesting that he/she is part of a criminal enterprise or is engaged in a criminal act. (b)Actions suggesting that he/she is engaged in a criminal activity. (c)Presence in an area at an inappropriate hour of the day or night. (d)Presence in a particular area is suspicious. (e)Carrying of suspicious objects or items. (f)Excessive clothes for the climate or clothes bulging in a manner that suggest he/she is carrying a dangerous weapon. (g)Location in proximate time and place to an alleged crime. (h)Physical description or clothing worn that matches a suspect in a recent crime. (i)Prior criminal record or involvement in criminal activity as known by the officer. 419.4 PAT-DOWN SEARCHES Once a valid stop has been made, an officer may pat a suspect’s outer clothing if the officer has a reasonable, articulable suspicion that the suspect has a dangerous weapon. The purpose of this limited search is not to discover evidence of a crime, but to allow the officer to pursue the investigation without fear of violence. Circumstances that may establish justification for performing a pat-down search include, but are not limited to: (a)The type of crime suspected, particularly in crimes of violence where the use or threat of weapons is involved. (b)Where more than one suspect must be handled by a single officer. (c)The hour of the day and the location or area where the stop takes place. (d)Prior knowledge of the suspect's use of force and/or propensity to carry weapons. Jeffersonville Police Department Policy Manual Contacts and Temporary Detentions Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Contacts and Temporary Detentions - 276 (e)The actions and demeanor of the suspect. (f)Visual indications which suggest that the suspect is carrying a firearm or other dangerous weapon. Whenever practicable, a pat-down search should not be conducted by a lone officer. A cover officer should be positioned to ensure safety and should not be involved in the search. 419.5 FIELD PHOTOGRAPHS All available databases should be searched before photographing any field detainee. If a photograph is not located, or if an existing photograph no longer resembles the detainee, the officer shall carefully consider, among other things, the factors listed below. 419.5.1 FIELD PHOTOGRAPHS TAKEN WITH CONSENT Field photographs may be taken when the subject being photographed knowingly and voluntarily gives consent. When taking a consensual photograph, the officer should have the individual read and sign the appropriate form accompanying the photograph. 419.5.2 FIELD PHOTOGRAPHS TAKEN WITHOUT CONSENT Field photographs may be taken without consent only if they are taken during a detention that is based upon reasonable suspicion of criminal activity, and the photograph serves a legitimate law enforcement purpose related to the detention. The officer must be able to articulate facts that reasonably indicate that the subject was involved in or was about to become involved in criminal conduct. The subject should not be ordered to remove or lift any clothing for the purpose of taking a photograph. If, prior to taking a photograph, the officer's reasonable suspicion of criminal activity has been dispelled, the detention must cease and the photograph should not be taken. All field photographs and related reports shall be submitted to a supervisor and retained in compliance with this policy. 419.5.3 DISPOSITION OF PHOTOGRAPHS All detainee photographs must be adequately labeled and submitted to the Database Manager with documentation explaining the nature of the contact. If an individual is photographed as a suspect in a particular crime, the photograph should be submitted as an evidence item in the related case, following standard evidence procedures. If a photograph is not associated with an investigation where a case number has been issued, the Database Manager should review and forward the photograph to one of the following locations: (a)If the photograph and associated FI or documentation is relevant to criminal organization/ enterprise enforcement, the Database Manager will forward the photograph and documents to the designated criminal intelligence system supervisor. The supervisor will ensure the photograph and supporting documents are retained as prescribed in the Criminal Organizations Policy. Jeffersonville Police Department Policy Manual Contacts and Temporary Detentions Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Contacts and Temporary Detentions - 277 (b)Photographs that do not qualify for retention in a criminal intelligence system or that are not evidence in an investigation with an assigned case number shall be maintained in the law enforcement database . When a photograph is taken in association with a particular case, the investigator may use such photograph in a photo lineup. Thereafter, the individual photograph should be retained as a part of the case file. All other photographs shall be retained in accordance with the established records retention schedule. 419.5.4 SUPERVISOR RESPONSIBILITIES While it is recognized that field photographs often become valuable investigative tools, supervisors should monitor such practices in view of the above listed considerations. This is not to imply that supervisor approval is required before each photograph is taken. Access to, and use of, field photographs shall be strictly limited to law enforcement purposes. 419.6 WITNESS IDENTIFICATION AND INTERVIEWS Because potential witnesses to an incident may become unavailable or the integrity of their statements compromised with the passage of time, officers should, when warranted by the seriousness of the case, take reasonable steps to promptly coordinate with an on-scene supervisor and/or criminal investigator to utilize available members for the following: (a)Identifying all persons present at the scene and in the immediate area. 1.When feasible, a recorded statement should be obtained from those who claim not to have witnessed the incident but who were present at the time it occurred. 2.Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, officers should attempt to identify the witness prior to his/her departure. (b)Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by department members. 1.A written, verbal or recorded statement of consent should be obtained prior to transporting a witness. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transport. Policy 420 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Criminal Organizations - 278 Criminal Organizations 420.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that the Jeffersonville Police Department appropriately utilizes criminal intelligence systems and temporary information files to support investigations of criminal organizations and enterprises. 420.1.1 DEFINITIONS Definitions related to this policy include: Criminal intelligence information - Information on identifiable individuals compiled in an effort to anticipate, prevent or monitor possible criminal activity, including terrorist activity. Criminal intelligence information does not include criminal investigative information, which is information on identifiable individuals compiled in the course of the investigation of specific criminal acts (I.C. § 5-2-4-1). Criminal intelligence system - Any record system that receives, stores, exchanges or disseminates information that has been evaluated and determined to be relevant to the identification of a criminal organization or enterprise, its members or affiliates. This does not include temporary information files. 420.2 POLICY The Jeffersonville Police Department recognizes that certain criminal activities, including, but not limited to gang crimes and drug trafficking, often involve some degree of regular coordination and may involve a large number of participants over a broad geographical area. It is the policy of this department to collect and share relevant information while respecting the privacy and legal rights of the public. 420.3 CRIMINAL INTELLIGENCE SYSTEMS No department member may create, submit to or obtain information from a criminal intelligence system unless the Chief of Police has approved the system for department use. Any criminal intelligence system approved for department use should meet or exceed the standards of 28 CFR 23.20. The Chief of Detectives will be responsible for maintaining each criminal intelligence system that has been approved for department use. The Chief of Detectives or the authorized designee should ensure the following: (a)Members using any such system are appropriately selected and trained. (b)Use of every criminal intelligence system is appropriately reviewed and audited. (c)Any system security issues are reasonably addressed. Jeffersonville Police Department Policy Manual Criminal Organizations Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Criminal Organizations - 279 420.3.1 SYSTEM ENTRIES It is the designated supervisor’s responsibility to approve the entry of any information from a report, field interview (FI), photo or other relevant document into an authorized criminal intelligence system. If entries are made based upon information that is not on file with this department, such as open or public source documents or documents that are on file at another agency, the designated supervisor should ensure copies of those documents are retained by the Records Division. Any supporting documentation for an entry shall be retained by the Records Division in accordance with the established records retention schedule and for at least as long as the entry is maintained in the system. The designated supervisor should ensure that any documents retained by the Records Division are appropriately marked as intelligence information. The Records Manager may not purge such documents without the approval of the designated supervisor. 420.3.2 CRIMINAL INTELLIGENCE SYSTEM Authorized members may obtain and transfer criminal intelligence information with the Indiana Intelligence Fusion Center if reasonable suspicion exists that the subject of the criminal intelligence information is involved with, or has knowledge of, possible criminal or terrorist activity and the criminal intelligence information is relevant to the criminal or terrorist activity (I.C. § 10-11-9-4). 420.4 TEMPORARY INFORMATION FILE No member may create or keep files on individuals that are separate from the approved criminal intelligence system. However, members may maintain temporary information that is necessary to actively investigate whether a person or group qualifies for entry into the department-approved criminal intelligence system only as provided in this section. Once information qualifies for inclusion, it should be submitted to the supervisor responsible for consideration of criminal intelligence system entries. 420.4.1 FILE CONTENTS A temporary information file may only contain information and documents that, within one year, will have a reasonable likelihood to meet the criteria for entry into an authorized criminal intelligence system. Information and documents contained in a temporary information file: (a)Must only be included upon documented authorization of the responsible department supervisor. (b)Should not be originals that would ordinarily be retained by the Records Division or Property Room, but should be copies of, or references to, retained documents, such as copies of reports, FI forms, Central Alarm records or booking forms. (c)Shall not include opinions. No person, organization or enterprise shall be labeled as being involved in crime beyond what is already in the document or information. Jeffersonville Police Department Policy Manual Criminal Organizations Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Criminal Organizations - 280 (d)May include information collected from publicly available sources or references to documents on file with another government agency. Attribution identifying the source should be retained with the information. (e)Criminal intelligence information concerning a particular individual shall be collected and maintained only if grounds exist connecting the individual with known or suspected criminal activity and if the information is relevant to that activity (I.C. § 5-2-4-3). Criminal intelligence information shall not be placed in a criminal history file, nor shall a criminal history file indicate or suggest that a criminal intelligence file exists on the individual to whom the information relates. Criminal history information may, however, be included in criminal intelligence files (I.C. § 5-2-4-2). 420.4.2 FILE REVIEW AND PURGING The contents of a temporary information file shall not be retained longer than one year. At the end of one year, the contents must be purged. Criminal intelligence information shall be reviewed by the Chief of Police at regular intervals to determine whether the grounds for retaining the information still exist. If not, the criminal intelligence information shall be destroyed (I.C. § 5-2-4-4). 420.5 INFORMATION RECOGNITION Department members should document facts that suggest an individual, organization or enterprise is involved in criminal activity and should forward that information appropriately. Examples include, but are not limited to: (a)Gang indicia associated with a person or residence. (b)Information related to a drug-trafficking operation. (c)Vandalism indicating an animus for a particular group. (d)Information related to an illegal gambling operation. Department supervisors who utilize an authorized criminal intelligence system should work with the Training Commander to train members to identify information that may be particularly relevant for inclusion. 420.6 RELEASE OF INFORMATION Department members shall comply with the rules of an authorized criminal intelligence system regarding inquiries and release of information. Information from a temporary information file may only be furnished to department members and other law enforcement agencies on a need-to-know basis and consistent with the Records Maintenance and Release Policy (I.C. § 5-2-4-6). When an inquiry is made by the parent or guardian of a juvenile as to whether that juvenile’s name is in a temporary information file, such information should be provided by the supervisor Jeffersonville Police Department Policy Manual Criminal Organizations Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Criminal Organizations - 281 responsible for the temporary information file, unless there is good cause to believe that the release of such information might jeopardize an ongoing criminal investigation. When necessary to avoid imminent danger to life or property, the Department may disseminate an assessment of criminal intelligence information to (I.C. § 5-2-4-7): (a)A government official. (b)Another individual: 1.Whose life or property is in imminent danger. 2.Who is responsible for protecting the life or property of another person. 3.Who may be in a position to reduce or mitigate the imminent danger to life or property. 420.7 CRIMINAL STREET GANGS The Detective Division supervisor should ensure that there are an appropriate number of department members who can: (a)Testify as experts on matters related to criminal gangs, and maintain an above-average familiarity with: 1.Criminal gang development (I.C. § 35-45-9-1). 2.Criminal gang membership (I.C. § 35-50-2-15). 3.Furthering or benefitting the criminal gang (I.C. § 35-45-9-3). (b)Coordinate with other agencies in the region regarding criminal gang-related crimes and information to include the Indiana Gang Network (INGangNetwork). (c)Train other members to identify gang indicia and investigate criminal gang-related crimes. 420.8 TRAINING The Training Commander should provide training on best practices in the use of each authorized criminal intelligence system to those tasked with investigating criminal organizations and enterprises. Training should include: (a)The protection of civil liberties. (b)Participation in a multi-agency criminal intelligence system. (c)Submission of information into a multi-agency criminal intelligence system or the receipt of information from such a system, including any governing federal and state rules and statutes. (d)The type of information appropriate for entry into a criminal intelligence system or temporary information file. (e)The review and purging of temporary information files. Policy 421 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Squad Commanders - 282 Squad Commanders 421.1 PURPOSE AND SCOPE This policy provides guidelines for the designation ofSquad Commanders. 421.2 POLICY Each shift will be directed by a Squad Commander capable of making decisions and managing in a manner consistent with the mission of the Jeffersonville Police Department. To accomplish this, each Squad Commander shall be appointed by the Chief. 421.3 SQUAD COMMANDER RESPONSIBILITIES The Squad Commander shall have overall responsibility and accountability for the operation of their assigned shift. Duties may include, but are not limited to: (a)Ensuring at least one uniformed patrol supervisor is deployed during each shift. (b)Ensuring sufficient members are on-duty to accomplish the mission of the Jeffersonville Police Department. (c)Providing command-level oversight of major crime scenes, tactical situations or disasters. (d)Establishing service-level priorities. (e)Providing job-related training and guidance to subordinates. (f)Acquiring outside resources or providing assistance to other agencies, when applicable. (g)Handling service inquiries or complaints from the public. (h)Managing risk exposure. Policy 422 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Computer Aided Dispatch Use - 283 Computer Aided Dispatch Use 422.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the proper access, use and application of the Computer Aided Dispatch (CAD) system in order to ensure proper access to confidential records from local, state and national law enforcement databases, and to ensure effective electronic communications between department members and Central Alarm. 422.2 POLICY Jeffersonville Police Department members using the CAD shall comply with all appropriate federal and state rules and regulations and shall use the CAD in a professional manner, in accordance with this policy. 422.3 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to messages accessed, transmitted, received or reviewed on any department technology system (see the Information Technology Use Policy for additional guidance). 422.4 RESTRICTED ACCESS AND USE CAD use is subject to the Information Technology Use and Protected Information policies. Members shall not access the CAD system if they have not received prior authorization and the required training. Members shall immediately report unauthorized access or use of the CAD by another member to their supervisors or Uniform Patrol Commanders. Use of the CAD system to access law enforcement databases or transmit messages is restricted to official activities, business-related tasks and communications that are directly related to the business, administration or practices of the Department. In the event that a member has questions about sending a particular message or accessing a particular database, the member should seek prior approval from his/her supervisor. Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, harassing or any other inappropriate messages on the CAD system is prohibited and may result in discipline. It is a violation of this policy to transmit a message or access a law enforcement database under another member’s name or to use the password of another member to log in to the CAD system unless directed to do so by a supervisor. Members are required to log off the CAD or secure the CAD when it is unattended. This added security measure will minimize the potential for unauthorized access or misuse. 422.4.1 USE WHILE DRIVING Use of the CAD by the vehicle operator should generally be limited to times when the vehicle is stopped. When the vehicle is in motion, the operator should only attempt to read messages Jeffersonville Police Department Policy Manual Computer Aided Dispatch Use Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Computer Aided Dispatch Use - 284 that are likely to contain information that is required for immediate enforcement, investigative or safety needs. Short transmissions, such as a license plate check, are permitted if it reasonably appears that it can be done safely. In no case shall an operator attempt to send or review lengthy messages while the vehicle is in motion. 422.5 DOCUMENTATION OF ACTIVITY Except as otherwise directed by the Uniform Patrol Commander or other department-established protocol, all calls for service assigned by a telecommunications operator should be communicated by voice over the police radio and electronically via the CAD unless security or confidentiality prevents such broadcasting. CAD and voice transmissions are used to document the member's daily activity. To ensure accuracy: (a)All contacts or activity shall be documented at the time of the contact. (b)Whenever the activity or contact is initiated by voice, it should be documented by a telecommunications operator. (c)Whenever the activity or contact is not initiated by voice, the member shall document it via the CAD. 422.5.1 STATUS CHANGES All changes in status (e.g., arrival at scene, meal periods, in service) will be transmitted over the police radio or through the CAD system. Members responding to in-progress calls should advise changes in status over the radio to assist other members responding to the same incident. Other changes in status can be made on the CAD. 422.5.2 EMERGENCY ACTIVATION If there is an emergency activation, officers not responding to the emergency shall refrain from transmitting on the police radio until a no-further-assistance broadcast is made or if they are also handling an emergency. 422.6 EQUIPMENT CONSIDERATIONS 422.6.1 NON-FUNCTIONING CAD Whenever possible, members will not use vehicles with malfunctioning CADs. Whenever members must drive a vehicle in which the CAD is not working, they shall notify Central Alarm. It shall be the responsibility of the telecommunications operator to document all information that will then be transmitted verbally over the police radio. Jeffersonville Police Department Policy Manual Computer Aided Dispatch Use Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Computer Aided Dispatch Use - 285 422.6.2 BOMB CALLS When investigating reports of possible bombs, members should not communicate on their CADs when in the evacuation area of a suspected explosive device. Radio frequency emitted by the CAD could cause some devices to detonate. Policy 423 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Public Recording of Law Enforcement Activity - 286 Public Recording of Law Enforcement Activity 423.1 PURPOSE AND SCOPE This policy provides guidelines for handling situations in which members of the public photograph or audio/video record law enforcement actions and other public activities that involve members of this department. In addition, this policy provides guidelines for situations where the recordings may be evidence. 423.2 POLICY The Jeffersonville Police Department recognizes the right of persons to lawfully record members of this department who are performing their official duties. Members of this department will not prohibit or intentionally interfere with such lawful recordings. Any recordings that are deemed to be evidence of a crime or relevant to an investigation will only be collected or seized lawfully. Officers should exercise restraint and should not resort to highly discretionary arrests for offenses such as interference, failure to comply or disorderly conduct as a means of preventing someone from exercising the right to record members performing their official duties. 423.3 RECORDING LAW ENFORCEMENT ACTIVITY Members of the public who wish to record law enforcement activities are limited only in certain aspects. (a)Recordings may be made from any public place or any private property where the individual has the legal right to be present. (b)Beyond the act of photographing or recording, individuals may not interfere with the law enforcement activity. Examples of interference include, but are not limited to: 1.Tampering with a witness or suspect. 2.Inciting others to violate the law. 3.Being so close to the activity as to present a clear safety hazard to the officers. 4.Being so close to the activity as to interfere with an officer’s effective communication with a suspect or witness. (c)The individual may not present an undue safety risk to the officer, him/herself or others. 423.4 OFFICER RESPONSE Officers should promptly request a supervisor respond to the scene whenever it appears that anyone recording activities may be interfering with an investigation or it is believed that the recording may be evidence. If practicable, officers should wait for the supervisor to arrive before taking enforcement action or seizing any cameras or recording media. Whenever practicable, officers or supervisors should give clear and concise warnings to individuals who are conducting themselves in a manner that would cause their recording or behavior to be unlawful. Accompanying the warnings should be clear directions on what an Jeffersonville Police Department Policy Manual Public Recording of Law Enforcement Activity Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Public Recording of Law Enforcement Activity - 287 individual can do to be compliant; directions should be specific enough to allow compliance. For example, rather than directing an individual to clear the area, an officer could advise the person that he/she may continue observing and recording from the sidewalk across the street. If an arrest or other significant enforcement activity is taken as the result of a recording that interferes with law enforcement activity, officers shall document in a report the nature and extent of the interference or other unlawful behavior and the warnings that were issued. 423.5 SUPERVISOR RESPONSIBILITIES A supervisor should respond to the scene when requested or any time the circumstances indicate a likelihood of interference or other unlawful behavior. The supervisor should review the situation with the officer and: (a)Request any additional assistance as needed to ensure a safe environment. (b)Take a lead role in communicating with individuals who are observing or recording regarding any appropriate limitations on their location or behavior. (c)When practicable, allow adequate time for individuals to respond to requests for a change of location or behavior. (d)Ensure that any enforcement, seizure or other actions are consistent with this policy and constitutional and state law. (e)Explain alternatives for individuals who wish to express concern about the conduct of Department members, such as how and where to file a complaint. 423.6 SEIZING RECORDINGS AS EVIDENCE Officers should not seize recording devices or media unless (42 USC § 2000aa): (a)There is probable cause to believe the person recording has committed or is committing a crime to which the recording relates, and the recording is reasonably necessary for prosecution of the person. 1.Absent exigency or consent, a warrant should be sought before seizing or viewing such recordings. Reasonable steps may be taken to prevent erasure of the recording. (b)There is reason to believe that the immediate seizure of such recordings is necessary to prevent serious bodily injury or death of any person. (c)The person consents. 1.To ensure that the consent is voluntary, the request should not be made in a threatening or coercive manner. 2.If the original recording is provided, a copy of the recording should be provided to the recording party, if practicable. The recording party should be permitted to be present while the copy is being made, if feasible. Recording devices and media that are seized will be submitted within the guidelines of the Property Room Policy. Policy 424 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Bicycle Patrol - 288 Bicycle Patrol 424.1 PURPOSE AND SCOPE This policy establishes guidelines for the Jeffersonville Police Department to safely and effectively use bicycle patrol for the purpose of enhancing field patrol efforts in the community. 424.2 POLICY It is the policy of the Jeffersonville Police Department that patrol bicycles may be used for regular patrol duty, traffic enforcement, parking control or special events. The use of the patrol bicycle will emphasize officer mobility and department visibility in the community. 424.3 OPERATIONS Bicycle patrol has been shown to be an effective way to increase officer visibility in congested areas, and the quiet operation of the patrol bicycle can facilitate a tactical approach to crimes in progress. Patrol bicycles may be deployed to any area, at any hour of the day or night, according to department needs and as staffing levels allow. Requests for specific deployment of bicycle patrol officers shall be coordinated through the bicycle patrol coordinator or the Uniform Patrol Commander. 424.4 SELECTION Interested officers who are off probation shall submit request to their appropriate Shift Commander. A copy will be forwarded to the bicycle patrol commander . Qualified applicants will then be invited to an oral interview. The oral interview will be conducted by the commander and a second person to be selected by the commander. Interested officers shall be evaluated by the following criteria: (a)Recognized competence and ability as evidenced by performance (b)Special skills or training as it pertains to the assignment (c)Good physical condition (d)Willingness to perform duties using the bicycle as a mode of transportation 424.4.1 OFFICER RESPONSIBILITIES Officers should operate the bicycle in compliance with the Indiana Motor Vehicle Code under normal operation, unless their duties require otherwise (I.C. § 9-21-11-11). Officers may operate the bicycle without lighting equipment during hours of darkness only when it reasonably appears necessary for officer safety or tactical considerations. Officers must use caution and care when operating bicycles without lighting equipment or when they are operating in violation of the rules of the road. Jeffersonville Police Department Policy Manual Bicycle Patrol Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Bicycle Patrol - 289 Officers are exempt from the rules of the road under the following conditions (I.C. § 9-21-1-8): (a)In response to an emergency call (b)While engaged in rescue operations (c)In the immediate pursuit of an actual or suspected violator of the law 424.5 BICYCLE PATROL COMMANDER The Chief of Police shall delegate certain responsibilities to a bicycle patrol commander. The commander shall be appointed by and directly responsible to the Uniform Patrol Commander or the authorized designee. The commander may appoint a senior bicycle patrol officer or other designee to assist in the coordination of bicycle patrol officers and their activities. The responsibilities of the commander include, but are not limited to: (a)Organizing bicycle patrol training. (b)Inspecting and maintaining an inventory of patrol bicycles and program equipment. (c)Inspecting and documenting, no less than every three months, that bicycles which are not in active service are in serviceable condition. (d)Scheduling maintenance and repairs. (e)Evaluating the performance of bicycle patrol officers. (f)Coordinating activities with the Uniform Division. (g)Other activities as required to maintain the efficient operation of bicycle patrol. 424.6 PATROL BICYCLE Bicycle patrol officers will be assigned a specially marked and equipped patrol bicycle, attached gear bag, two batteries and a charger. Patrol bicycles shall be primarily black or white in color with a “Police” decal affixed to each side of the crossbar or the bicycle’s gear bag. Every patrol bicycle shall be equipped with: (a)A front headlight, rear light and rear reflector (I.C. § 9-21-11-9). (b)A horn. (c)A steady or flashing blue and red warning light that is visible from the front, sides or rear of the bicycle. (d)A rear rack and/or gear bag sufficient to carry all necessary equipment to handle routine patrol calls, including report writing, vehicle storage and citations. (e)A gear bag that shall include a first-aid kit, tire pump, repair tool, tire tube, security lock, high-visibility vest and equipment information and use manuals. These items are to remain with/on the patrol bicycle at all times. Jeffersonville Police Department Policy Manual Bicycle Patrol Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Bicycle Patrol - 290 Patrol bicycles shall be properly secured when not in the officer’s immediate presence. 424.6.1 TRANSPORTING THE PATROL BICYCLE The patrol bicycle should be transported using a vehicle bicycle rack. Due to possible component damage, transportation of the patrol bicycle in a trunk or on a law enforcement vehicle push- bumper is discouraged. 424.6.2 MAINTENANCE (a)Bicycle patrol officers shall conduct an inspection of the patrol bicycle and equipment prior to use to ensure proper working order of the equipment. (b)Officers are responsible for the routine care and maintenance of their assigned equipment (e.g., tire pressure, chain lubrication, overall cleaning). 1.Each patrol bicycle will have scheduled maintenance twice yearly to be performed by a repair shop or technician approved by the Department. (c)Officers shall not modify the patrol bicycle or remove, modify or add components to the patrol bicycle except with the express approval of the bicycle patrol coordinator, or in the event of an emergency. (d)If a needed repair is beyond the ability of the bicycle patrol officer, a repair work order will be completed and forwarded to the coordinator for repair by a technician approved by the Department. (e)Patrol bicycle batteries shall be rotated on the assigned charger at the end of each tour of duty. 1.During prolonged periods of nonuse, each bicycle patrol officer assigned a patrol bicycle shall periodically rotate the batteries on the respective chargers to increase battery life. (f)At the end of a patrol bicycle assignment, the bicycle shall be returned clean and ready for the next tour of duty. 424.7 UNIFORMS AND EQUIPMENT Officers shall wear uniforms and safety equipment in accordance with the Uniforms. The uniform consists of the standard short-sleeve uniform shirt or other department-approved shirt, with Jeffersonville Police Department badge and patches, and department-approved bicycle patrol pants or shorts. Optional attire may include, but is not limited to, a jacket in colder weather and turtleneck shirts or sweaters when worn under the uniform shirt. Bicycle patrol officers shall carry the same equipment on their duty belts as they would on regular patrol assignments. Assignment-specific safety equipment should include, but is not limited to, department-approved helmet, a radio headset and microphone, riding gloves, protective eyewear and approved footwear. Jeffersonville Police Department Policy Manual Bicycle Patrol Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Bicycle Patrol - 291 Officers will be responsible for obtaining the necessary forms, citation books and other department equipment needed while on bicycle patrol. 424.8 TRAINING Officers must complete an initial department-approved bicycle-training course prior to assignment to bicycle patrol. Thereafter, bicycle patrol officersmay receive twice yearly in-service training to improve skills and refresh safety, health and operational procedures. The initial training shall minimally include the following: (a)Bicycle patrol strategies (b)Bicycle safety and accident prevention (c)Operational tactics and techniques using bicycles Bicycle patrol officers will be required to train and qualify with their duty and secondary firearms while wearing bicycle safety equipment, including the helmet and riding gloves. Policy 425 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Automated License Plate Readers (ALPRs) - 292 Automated License Plate Readers (ALPRs) 425.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 425.2 POLICY The policy of the Jeffersonville Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public. All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review. 425.3 ADMINISTRATION The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates. It is used by the Jeffersonville Police Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery. All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Administration Assistant Chief. The Administration Assistant Chief will assign members under his/her command to administer the day-to-day operation of the ALPR equipment and data. 425.4 OPERATIONS Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use, the equipment or database records for any unauthorized purpose. (a)An ALPR shall only be used for official law enforcement business. (b)An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR. (c)While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped vehicles to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles. (d)No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training. Jeffersonville Police Department Policy Manual Automated License Plate Readers (ALPRs) Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Automated License Plate Readers (ALPRs) - 293 (e)No ALPR operator may access confidential department, state or federal data unless authorized to do so. (f)If practicable, the officer should verify an ALPR response through the appropriate official law enforcement database before taking enforcement action that is based solely on an ALPR alert. 425.5 DATA COLLECTION AND RETENTION The Administration Assistant Chief is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from vehicles to the designated storage in accordance with department procedures. All stored ALPR data should be retained in accordance with the established records retention schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances, the applicable data should be downloaded onto portable media and booked into evidence. 425.6 ACCOUNTABILITY All data will be closely safeguarded and protected by both procedural and technological means. The Jeffersonville Police Department will observe the following safeguards regarding access to and use of stored data: (a)All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time. (b)Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action. (c)ALPR system audits should be conducted on a regular basis. 425.7 RELEASING ALPR DATA The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures: (a)The agency makes a written request for the ALPR data that includes: 1.The name of the agency. 2.The name of the person requesting. 3.The intended purpose of obtaining the information. Jeffersonville Police Department Policy Manual Automated License Plate Readers (ALPRs) Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Automated License Plate Readers (ALPRs) - 294 (b)The request is reviewed by the Administration Assistant Chief or the authorized designee and approved before the request is fulfilled. (c)The approved request is retained on file. Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy. Policy 426 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Homeless Persons - 295 Homeless Persons 426.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that department members understand the needs and rights of the homeless, and to establish procedures to guide them during all contacts with the homeless, whether consensual or for enforcement purposes. This policy establishes a liaison to the homeless community, addresses the responsibilities of the department member appointed to act as a liaison to the homeless, and details the need for special protection and services for homeless persons. 426.2 POLICY It is the policy of the Jeffersonville Police Department to protect the rights, dignity and private property of all members of the community, including people who are homeless. Abuse of authority to harass any member of the community will not be permitted. The Jeffersonville Police Department will address the needs of homeless persons in balance with the overall mission of this department. Homelessness is not a crime and members will not use homelessness as the sole basis for detention or law enforcement action. 426.3 FIELD CONTACTS Officers are encouraged to contact a homeless person to render aid, offer assistance or to check on the person’s welfare. Officers also will take enforcement action when information supports a reasonable and articulable suspicion of criminal activity. However, such contacts shall not be used for harassment. When encountering a homeless person who has committed a nonviolent misdemeanor and continued freedom is not likely to result in a continuation of the offense or a breach of the peace, officers are encouraged to consider long-term solutions, such as shelter referrals and counseling, in lieu of an arrest and criminal charges. Officers should provide homeless persons with resource and assistance information whenever it is reasonably apparent that such services may be appropriate. 426.3.1 CONSIDERATIONS A homeless person will receive the same level and quality of service provided to other members of the community. The fact that a victim, witness or suspect is homeless can, however, require special consideration for a successful investigation and prosecution. 426.4 MENTAL HEALTH ISSUES When mental health issues are evident, officers should consider referring the person to the appropriate mental health agency or providing the person with contact information for mental health assistance, as appropriate. In these circumstances, officers may provide transportation to a mental health facility for voluntary evaluation if it is requested or offered and accepted Jeffersonville Police Department Policy Manual Homeless Persons Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Homeless Persons - 296 by the person, and approved by a supervisor. Officers should consider detaining the person under involuntary commitment or emergency admission when facts and circumstances reasonably indicate such a detention is warranted (see the Involuntary Detentions Policy). 426.5 PERSONAL PROPERTY The personal property of homeless persons must not be treated differently than the property of other members of the community. Officers should use reasonable care when handling, collecting and retaining the personal property of homeless persons and should not destroy or discard the personal property of a homeless person. When a homeless person is arrested or otherwise removed from a public place, officers should make reasonable accommodations to permit the person to lawfully secure his/her personal property. Officers should not conduct or assist in clean-up operations of belongings that reasonably appear to be the property of homeless persons without the prior authorization of a supervisor. Officers who encounter unattended encampments, bedding or other personal property in public areas that reasonably appears to belong to a homeless person should not remove or destroy such property and should inform the supervisor if such property appears to involve a trespass, is a blight to the community or is the subject of a complaint. It will be the responsibility of the supervisor to address the matter in a timely fashion. 426.6 ECOLOGICAL ISSUES Sometimes homeless encampments can have an impact on the ecology and natural resources of the community and may involve criminal offenses beyond mere littering. Officers are encouraged to notify other appropriate agencies or City departments when a significant impact to the environment has or is likely to occur. A significant impact to the environment may warrant a crime report, investigation, supporting photographs and supervisor notification. Policy 427 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Medical Aid and Response - 297 Medical Aid and Response 427.1 PURPOSE AND SCOPE This policy recognizes that members often encounter persons in need of medical aid and establishes a law enforcement response to such situations. 427.2 POLICY It is the policy of the Jeffersonville Police Department that all officers and other designated members be trained to provide emergency medical aid and to facilitate an emergency medical response. Whenever practicable, members should provide medical aid, first aid, CPR and use of an automated external defibrillator (AED) in accordance with their training and current certification levels. This should be done for those in need of care and when the member can safely do so. 427.3 FIRST RESPONDING MEMBER RESPONSIBILITIES Whenever practicable, members should take appropriate steps to provide initial medical aid (e.g., first aid, CPR, use of an automated external defibrillator (AED)) in accordance with their training and current certification levels. This should be done for those in need of immediate care and only when the member can safely do so. Prior to initiating medical aid, the member should contact Central Alarm and request response by emergency medical services (EMS) as the member deems appropriate. Members should follow universal precautions when providing medical aid, such as wearing gloves and avoiding contact with bodily fluids, consistent with the Communicable Diseases Policy. Members should use a barrier or bag device to perform rescue breathing. When requesting EMS, the member should provide Central Alarm with information for relay to EMS personnel in order to enable an appropriate response, including: (a)The location where EMS is needed. (b)The nature of the incident. (c)Any known scene hazards. (d)Information on the person in need of EMS, such as: 1.Signs and symptoms as observed by the member. 2.Changes in apparent condition. 3.Number of patients, sex and age, if known. 4.Whether the person is conscious, breathing and alert, or is believed to have consumed drugs or alcohol. Jeffersonville Police Department Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Medical Aid and Response - 298 5.Whether the person is showing signs or symptoms of excited delirium or other agitated chaotic behavior. Members should stabilize the scene whenever practicable while awaiting the arrival of EMS. Members should not direct EMS personnel whether to transport the person for treatment. 427.4 TRANSPORTING ILL AND INJURED PERSONS Except in exceptional cases where alternatives are not reasonably available, members should not transport persons who are unconscious, who have serious injuries or who may be seriously ill. EMS personnel should be called to handle patient transportation. Officers should search any person who is in custody before releasing that person to EMS for transport. An officer should accompany any person in custody during transport in an ambulance when requested by EMS personnel, when it reasonably appears necessary to provide security, when it is necessary for investigative purposes or when so directed by a supervisor. 427.5 PERSONS REFUSING EMS CARE If a person who is not in custody refuses EMS care or refuses to be transported to a medical facility, an officer shall not force that person to receive medical care or be transported. However, members may assist EMS personnel when EMS personnel determine the person lacks the mental capacity to understand the consequences of refusing medical care or to make an informed decision and the lack of immediate medical attention may result in serious bodily injury or the death of the person. In cases where mental illness may be a factor, the officer should proceed with an involuntary commitment in accordance with the Involuntary Detentions Policy. If an officer believes that a person who is in custody requires EMS care and the person refuses, he/she should encourage the person to receive medical treatment. The officer may also consider contacting a family member to help persuade the person to agree to treatment or who may be able to authorize treatment for the person. If the person still refuses while having obvious, visible serious injury the officer will require the person to be transported to the nearest medical facility. In such cases, the officer should consult with a supervisor prior to the transport. Members shall not sign refusal-for-treatment forms or forms accepting financial responsibility for treatment. 427.5.1 SICK OR INJURED ARRESTEE If an arrestee appears ill or injured, or claims illness or injury, he/she should be medically cleared prior to booking. If the officer has reason to believe the arrestee is feigning injury or illness, the Jeffersonville Police Department Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Medical Aid and Response - 299 officer should contact a supervisor, who will determine whether medical clearance will be obtained prior to booking. If the jail or detention facility refuses to accept custody of an arrestee based on medical screening, the officer should note the name of the facility person refusing to accept custody and the reason for refusal, and should notify a supervisor to determine the appropriate action. Arrestees who appear to have a serious medical issue should be transported by ambulance. Officers shall not transport the arrestee to a hospital without a supervisor’s approval. 427.6 MEDICAL ATTENTION RELATED TO USE OF FORCE Specific guidelines for medical attention for injuries sustained from a use of force may be found in the Use of Force, Handcuffing and Restraints, Control Devices and Conducted Energy Device policies. 427.7 AIR AMBULANCE Generally, when on-scene, EMS personnel will be responsible for determining whether an air ambulance response should be requested. An air ambulance may be appropriate when there are victims with life-threatening injuries or who require specialized treatment (e.g., gunshot wounds, burns, obstetrical cases), and distance or delays will affect the EMS response. The Assistant Chief should develop guidelines for air ambulance landings or enter into local operating agreements for the use of air ambulances, as applicable. In creating those guidelines, the Department should identify: •Responsibility and authority for designating a landing zone and determining the size of the landing zone. •Responsibility for securing the area and maintaining that security once the landing zone is identified. •Consideration of the air ambulance provider’s minimum standards for proximity to vertical obstructions and surface composition (e.g., dirt, gravel, pavement, concrete, grass). •Consideration of the air ambulance provider’s minimum standards for horizontal clearance from structures, fences, power poles, antennas or roadways. •Responsibility for notifying the appropriate highway or transportation agencies if a roadway is selected as a landing zone. •Procedures for ground personnel to communicate with flight personnel during the operation. One department member at the scene should be designated as the air ambulance communications contact. Headlights, spotlights and flashlights should not be aimed upward at the air ambulance. Members should direct vehicle and pedestrian traffic away from the landing zone. Members shall follow these cautions when near an air ambulance: •Never approach the aircraft until signaled by the flight crew. Jeffersonville Police Department Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Medical Aid and Response - 300 •Always approach the aircraft from the front. •Avoid the aircraft’s tail rotor area. •Wear eye protection during the landing and take-off. •Do not carry or hold items, such as IV bags, above the head. •Ensure that no one smokes near the aircraft. 427.8 AUTOMATED EXTERNAL DEFIBRILLATOR (AED) USE The Jeffersonville Police Departmentmay train all members on the operation of the AED. Members who are issued AEDs for use in department vehicles should check the AED at the beginning of the shift to ensure it is properly charged and functioning. Any AED that is not functioning properly will be taken out of service, given to the Shift Commander and repaired by a manufacturer-approved provider (I.C. § 16-31-6.5-4). Any member using an AED will complete an incident report detailing its use. Following use of an AED: (a)The member shall notify an ambulance service provider or a fire department that provides ambulance services as soon as practicable (I.C. § 16-31-6.5-6). (b)The device shall be cleaned and/or decontaminated as required. (c)The electrodes and/or pads will be replaced as outlined by the AED manufacturer. The Uniform Patrol Commander is responsible for maintenance tasks according to procedures outlined by the manufacturer. The Uniform Patrol Commander will maintain records of all maintenance work on each device and retain those records in accordance with the established records retention schedule. The Jeffersonville Police Department shall notify the ambulance provider that provides emergency services to the City or the Indiana Emergency Medical Services Commission of the location of AEDs maintained by the Department (I.C. § 16-31-6.5-5). 427.8.1 AED USER RESPONSIBILITY Members who are issued AEDs for use in department vehicles should check the AED at the beginning of the shift to ensure it is properly charged and functioning. Any AED that is not functioning properly will be taken out of service and given to the Uniform Patrol Commander who is responsible for ensuring appropriate maintenance. Following use of an AED, the device shall be cleaned and/or decontaminated as required. The electrodes and/or pads will be replaced as recommended by the AED manufacturer. Any member who uses an AED should contact Central Alarm as soon as possible and request response by EMS. Jeffersonville Police Department Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Medical Aid and Response - 301 427.8.2 AED REPORTING Any member using an AED will complete an incident report detailing its use. 427.8.3 AED TRAINING AND MAINTENANCE The Training Commander should ensure appropriate training is provided to members authorized to use an AED. The Uniform Patrol Commander is responsible for ensuring AED devices are appropriately maintained and will retain records of all maintenance in accordance with the established records retention schedule. 427.9 ADMINISTRATION OF OPIOID OVERDOSE MEDICATION An officer may administer opioid overdose medication in accordance with standards established by the Indiana Emergency Medical Services Commission (I.C. § 16-31-3-23.5(a)). 427.9.1 OPIOID OVERDOSE MEDICATION USER RESPONSIBILITIES Members who are qualified to administer opioid overdose medication, such as naloxone, should handle, store and administer the medication consistent with their training. Members should check the medication and associated administration equipment at the beginning of their shift to ensure they are serviceable and not expired. Any expired medication or unserviceable administration equipment should be removed from service and given to the Uniform Patrol Commander. 427.9.2 OPIOID OVERDOSE MEDICATION REPORTING Any member administering opioid overdose medication should detail its use in a case report. Members administering the medication should report the use to the local ambulance service provider responsible for reporting to the state health commissioner (I.C. § 16-31-3-23.7). 427.9.3 OPIOID OVERDOSE MEDICATION TRAINING The Training Commander should ensure training is provided to members authorized to administer opioid overdose medication that meets the standards established by law (I.C. § 16-31-3-23.5(a)). 427.10 ADMINISTRATION OF AUTO-INJECTABLE EPINEPHRINE The Chief of Police or the authorized designee may designate facilities to store, and authorize members to administer, auto-injectable epinephrine to members and visitors in accordance with the standards established in I.C. § 16-41-43 et seq. 427.10.1 AUTO-INJECTABLE EPINEPHRINE USER RESPONSIBILITIES Authorized members who have received approved training in recognizing anaphylaxis and the proper administration of auto-injectable epinephrine by a qualified health care provider may administer auto-injectable epinephrine to other members or visitors (I.C. § 16-41-43-4). Authorized members should handle, store and administer the medication consistent with their training. Members should periodically check the medication and associated administration equipment to ensure they are serviceable and not expired. Any expired medication or unserviceable administration equipment should be removed from service and given to the Training Commander. Jeffersonville Police Department Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Medical Aid and Response - 302 427.10.2 AUTO-INJECTABLE EPINEPHRINE REPORTING Any member administering auto-injectable epinephrine should detail its use in a case report. 427.10.3 AUTO-INJECTABLE EPINEPHRINE TRAINING The Training Commander should ensure training is provided to members who are authorized to administer auto-injectable epinephrine and that the training meets the standards established by state law (I.C. § 16-41-43-4). Policy 428 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department First Amendment Assemblies - 303 First Amendment Assemblies 428.1 PURPOSE AND SCOPE This policy provides guidance for responding to public assemblies or demonstrations. 428.2 POLICY The Jeffersonville Police Department respects the rights of people to peaceably assemble. It is the policy of this department not to unreasonably interfere with, harass, intimidate or discriminate against persons engaged in the lawful exercise of their rights, while also preserving the peace, protecting life and preventing the destruction of property. 428.3 GENERAL CONSIDERATIONS Individuals or groups present on the public way, such as public facilities, streets or walkways, generally have the right to assemble, rally, demonstrate, protest or otherwise express their views and opinions through varying forms of communication, including the distribution of printed matter. These rights may be limited by laws or ordinances regulating such matters as: •Obstruction of traffic (I.C. § 35-44.1-2-13) •Trespass (I.C. § 35-43-2-2) •Noise (I.C. § 35-45-1-3) •Picketing •Unlawful Assembly (I.C. § 16-41-22-1 et seq.) •Distribution of handbills and leafleting •Loitering •Rioting (I.C. § 35-45-1-2) •Disruptive conduct at funerals or memorial services (I.C. § 35-45-1-3) •Disorderly conduct (I.C. § 35-45-1-3) •Control of mass gatherings (I.C. § 16-41-22-1 et seq.) •Flag desecration (I.C. § 35-45-1-4) •Unlawful promotion, organization or participation in combative fighting (I.C. § 35-45-18-2; I.C. 35-45-18-3) •Obstruction of a firefighter (I.C. § 35-44.1-4-8) •Obstruction of an emergency medical person (I.C. § 35-44.1-4-9) •Resisting law enforcement (I.C. § 35-44.1-3-1) However, officers shall not take action or fail to take action based on the opinions being expressed. Jeffersonville Police Department Policy Manual First Amendment Assemblies Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department First Amendment Assemblies - 304 Participant behavior during a demonstration or other public assembly can vary. This may include, but is not limited to: •Lawful, constitutionally protected actions and speech. •Civil disobedience (typically involving minor criminal acts). •Rioting. All of these behaviors may be present during the same event. Therefore, it is imperative that law enforcement actions are measured and appropriate for the behaviors officers may encounter. This is particularly critical if force is being used. Adaptable strategies and tactics are essential. The purpose of a law enforcement presence at the scene of public assemblies and demonstrations should be to preserve the peace, to protect life and prevent the destruction of property. Officers should not: •Engage in assembly or demonstration-related discussion with participants. •Harass, confront or intimidate participants. •Seize the cameras, cell phones or materials of participants or observers unless an officer is placing a person under lawful arrest. Supervisors should continually observe department members under their commands to ensure that members’ interaction with participants and their response to crowd dynamics is appropriate. 428.3.1 PHOTOGRAPHS, VIDEO RECORDINGS AND OTHER INFORMATION Photographs, video recordings and other information may be collected at assemblies and demonstrations as they can serve a number of purposes, such as support of criminal prosecutions, assistance in evaluating department performance, serving as training material, recording the use of dispersal orders and facilitating a response to allegations of improper law enforcement conduct. Photographs, video recordings and other information shall not be maintained on the political, religious or social activities, views or associations of any individual, group or organization unless those activities, views or associations directly relate to an investigation of criminal activity and there is reasonable suspicion that the subject of the information is involved in criminal conduct. 428.4 UNPLANNED EVENTS When responding to an unplanned or spontaneous public gathering, the first responding officer should conduct an assessment of conditions, including, but not limited to, the following: •Location •Number of participants •Apparent purpose of the event •Leadership (whether it is apparent and/or whether it is effective) Jeffersonville Police Department Policy Manual First Amendment Assemblies Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department First Amendment Assemblies - 305 •Any initial indicators of unlawful or disruptive activity •Indicators that lawful use of public facilities, streets or walkways will be impacted •Ability and/or need to continue monitoring the incident Initial assessment information should be promptly communicated to Central Alarm, and the assignment of a supervisor should be requested. Additional resources should be requested as appropriate. The responding supervisor shall assume command of the incident until command is expressly assumed by another, and the assumption of command is communicated to the involved members. A clearly defined command structure that is consistent with the Incident Command System (ICS) should be established as resources are deployed. 428.5 PLANNED EVENT PREPARATION For planned events, comprehensive, incident-specific operational plans should be developed. The ICS should be considered for such events. 428.5.1 INFORMATION GATHERING AND ASSESSMENT In order to properly assess the potential impact of a public assembly or demonstration on public safety and order, relevant information should be collected and vetted. This may include: •Information obtained from outreach to group organizers or leaders. •Information about past and potential unlawful conduct associated with the event or similar events. •The potential time, duration, scope and type of planned activities. •Any other information related to the goal of providing a balanced response to criminal activity and the protection of public safety interests. Information should be obtained in a transparent manner, and the sources documented. Relevant information should be communicated to the appropriate parties in a timely manner. Information will be obtained in a lawful manner and will not be based solely on the purpose or content of the assembly or demonstration, or the race, ethnicity, national origin or religion of the participants (or any other characteristic that is unrelated to criminal conduct or the identification of a criminal subject). 428.5.2 OPERATIONAL PLANS An operational planning team with responsibility for event planning and management should be established. The planning team should develop an operational plan for the event. The operational plan will minimally provide for: (a)Command assignments, chain of command structure, roles and responsibilities. (b)Staffing and resource allocation. (c)Management of criminal investigations. Jeffersonville Police Department Policy Manual First Amendment Assemblies Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department First Amendment Assemblies - 306 (d)Designation of uniform of the day and related safety equipment (helmets, shields, etc.). (e)Deployment of specialized resources. (f)Event communications and interoperability in a multijurisdictional event. (g)An established liaison with demonstration leaders and external agencies. (h)An established liaison with City government and legal staff. (i)Media relations. (j)Logistics: food, fuel, replacement equipment, duty hours, relief and transportation. (k)Traffic management plans. (l)First aid and emergency medical service provider availability. (m)Prisoner transport and detention. (n)Review of policies regarding public assemblies and use of force in crowd control. (o)Parameters for declaring an unlawful assembly. (p)Arrest protocol, including management of mass arrests. (q)Protocol for recording information flow and decisions. (r)Rules of engagement, including rules of conduct, protocols for field force extraction and arrests, and any authorization required for the use of force. (s)Protocol for handling complaints during the event. (t)Parameters for the use of body-worn cameras and other portable recording devices. 428.5.3 MUTUAL AID AND EXTERNAL RESOURCES The magnitude and anticipated duration of an event may necessitate interagency cooperation and coordination. The assigned Incident Commander should ensure that any required memorandums of understanding or other agreements are properly executed, and that any anticipated mutual aid is requested and facilitated (see the Outside Agency Assistance Policy). 428.5.4 MASS GATHERING LICENSE Any event that is likely to attract 5,000 or more people and continue for more than 18 consecutive hours requires a license. Applicants for such a license shall be submitted to the Chief of Police (I.C. § 16-41-22-5). The Chief of Police shall forward the application with recommendations to the health department on the same day the application is received. Upon return of the application from the health department the Chief of Police shall notify the applicant within five days that the application has been disapproved by the health department or whether the Chief of Police will issue the license (I.C. § 16-41-22-12). Jeffersonville Police Department Policy Manual First Amendment Assemblies Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department First Amendment Assemblies - 307 428.6 UNLAWFUL ASSEMBLY DISPERSAL ORDERS If a public gathering or demonstration remains peaceful and nonviolent, and there is no reasonably imminent threat to persons or property, the Incident Commander should generally authorize continued monitoring of the event. Should the Incident Commander make a determination that public safety is presently or is about to be jeopardized, he/she or the authorized designee should attempt to verbally persuade event organizers or participants to disperse of their own accord. Warnings and advisements may be communicated through established communications links with leaders and/or participants or to the group. When initial attempts at verbal persuasion are unsuccessful, the Incident Commander or the authorized designee should make a clear, standardized announcement to the gathering that the event is an unlawful assembly, and should order the dispersal of the participants. The announcement should be communicated by whatever methods are reasonably available to ensure that the content of the message is clear and that it has been heard by the participants. The announcement should be amplified, made in different languages as appropriate, made from multiple locations in the affected area and documented by audio and video. The announcement should provide information about what law enforcement actions will take place if illegal behavior continues and should identify routes for egress. A reasonable time to disperse should be allowed following a dispersal order. 428.7 USE OF FORCE Use of force is governed by current department policy and applicable law (see the Use of Force, Handcuffing and Restraints, Control Devices, and Conducted Energy Device policies). Individuals refusing to comply with lawful orders (e.g., nonviolent refusal to disperse) should be given a clear verbal warning and a reasonable opportunity to comply. If an individual refuses to comply with lawful orders, the Incident Commander shall evaluate the type of resistance and adopt a reasonable response in order to accomplish the law enforcement mission (such as dispersal or arrest of those acting in violation of the law). Control devices and TASER (TM)s should be considered only when the participants’ conduct reasonably appears to present the potential to harm officers, themselves or others, or will result in substantial property loss or damage (see the Control Devices and the Conducted Energy Device policies). Force or control devices, including oleoresin capsaicin (OC), should be directed toward individuals and not toward groups or crowds, unless specific individuals cannot reasonably be targeted due to extreme circumstances, such as a riotous crowd. Any use of force by a member of this department shall be documented promptly, completely and accurately in an appropriate report. The type of report required may depend on the nature of the incident. Jeffersonville Police Department Policy Manual First Amendment Assemblies Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department First Amendment Assemblies - 308 428.8 ARRESTS The Jeffersonville Police Department should respond to unlawful behavior in a manner that is consistent with the operational plan. If practicable, warnings or advisements should be communicated prior to arrest. Mass arrests should be employed only when alternate tactics and strategies have been or reasonably appear likely to be unsuccessful. Mass arrests shall only be undertaken upon the order of the Incident Commander or the authorized designee. There must be probable cause for each arrest. If employed, mass arrest protocols should fully integrate: (a)Reasonable measures to address the safety of officers and arrestees. (b)Dedicated arrest, booking and report writing teams. (c)Timely access to medical care. (d)Timely access to legal resources. (e)Timely processing of arrestees. (f)Full accountability for arrestees and evidence (g)Coordination and cooperation with the prosecuting authority, jail and courts (see the Summons Release Policy). 428.9 MEDIA RELATIONS The Public Information Officer should use all available avenues of communication, including press releases, briefings, press conferences and social media, to maintain open channels of communication with media representatives and the public about the status and progress of the event, taking all opportunities to reassure the public about the professional management of the event (see the Media Relations Policy). 428.10 DEMOBILIZATION When appropriate, the Incident Commander or the authorized designee should implement a phased and orderly withdrawal of law enforcement resources. All relieved personnel should promptly complete any required reports, including use of force reports, and account for all issued equipment and vehicles to their supervisors prior to returning to normal operational duties. 428.11 POST EVENT The Incident Commander should designate a member to assemble full documentation of the event, to include the following: (a)Operational plan (b)Any incident logs (c)Any assignment logs Jeffersonville Police Department Policy Manual First Amendment Assemblies Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department First Amendment Assemblies - 309 (d)Vehicle, fuel, equipment and supply records (e)Incident, arrest, use of force, injury and property damage reports (f)Photographs, audio/video recordings, Central Alarm records/tapes (g)Media accounts (print and broadcast media) 428.11.1 AFTER-ACTION REPORTING The Incident Commander should work with City legal counsel, as appropriate, to prepare a comprehensive after-action report of the event, explaining all incidents where force was used, to include: (a)Date, time and description of the event (b)Actions taken and outcomes (e.g., injuries, property damage, arrests, costs) (c)Problems identified (d)Significant events (e)Recommendations for improvement; opportunities for training should be documented in a generic manner, without identifying individuals or specific incidents, facts or circumstances. 428.12 TRAINING Department members should receive periodic training regarding this policy, as well as the dynamics of crowd control and incident management. The Department should, when practicable, train with its external and mutual aid partners. Policy 429 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Suspicious Activity Reporting - 310 Suspicious Activity Reporting 429.1 PURPOSE AND SCOPE This policy provides guidelines for reporting and investigating suspicious and criminal activity. 429.1.1 DEFINITIONS Definitions related to this policy include: Involved party - An individual who has been observed engaging in suspicious activity, as defined in this policy, when no definitive criminal activity can be identified, thus precluding the person’s identification as a suspect. Suspicious activity - Any reported or observed activity that a member reasonably believes may have a nexus to any criminal act or attempted criminal act, or to foreign or domestic terrorism. Race, ethnicity, national origin or religious affiliation should not be considered as factors that create suspicion (although these factors may be used as specific suspect descriptions). Examples of suspicious activity may include, but are not limited to: •Suspected pre-operational surveillance or intelligence gathering (e.g., photographing security features, asking questions about sensitive security-related subjects). •Tests of security measures and response to incidents (e.g., “dry run,” creating false alarms, attempts to enter secure areas without authorization). •Suspicious purchases (e.g., purchasing large quantities of otherwise legal items, such as fertilizer, that could be used to create an explosive or other dangerous device). •An individual in possession of such things as a hoax explosive or dispersal device, sensitive materials (e.g., passwords, access codes, classified government information), or coded or ciphered literature or correspondence. 429.2 POLICY The Jeffersonville Police Department recognizes the need to protect the public from criminal conduct and acts of terrorism, and shall lawfully collect, maintain and disseminate information regarding suspicious activities, while safeguarding civil liberties and privacy protections. 429.3 RESPONSIBILITIES The Investigations/Operations Commander a will manage criminal intelligence systems as outlined in the Criminal Organizations policy. The responsibilities of the Investigations/Operations Commander include, but are not limited to: (a)Remaining familiar with those databases available to the Department that would facilitate the purpose of this policy. (b)Maintaining adequate training in the area of intelligence gathering to ensure no information is being maintained that would violate the law or civil rights of any individual. Jeffersonville Police Department Policy Manual Suspicious Activity Reporting Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Suspicious Activity Reporting - 311 (c)Ensuring a process is available that would allow members to report relevant information. The process should be designed to promote efficient and quick reporting, and should not be cumbersome, duplicative or complicated. (d)Ensuring that members are made aware of the purpose and value of documenting information regarding suspicious activity, as well as the databases and other information resources that are available to the Department. (e)Ensuring that information is appropriately disseminated to members in accordance with their job responsibilities. (f)Coordinating investigative follow-up, if appropriate. (g)Coordinating with any appropriate agency or fusion center. (h)Ensuring that, as resources are available, the Department conducts outreach that is designed to encourage members of the community to report suspicious activity and that outlines what they should look for and how they should report it (e.g., website, public service announcements). 429.4 REPORTING AND INVESTIGATION Any department member receiving information regarding suspicious activity should take any necessary immediate and appropriate action, including a request for tactical response or immediate notification of specialized entities, when applicable. Any civilian member who receives such information should ensure that it is passed on to an officer in a timely manner. If the suspicious activity is not directly related to a reportable crime, the member should prepare a report and include information about involved parties and the circumstances of the incident. If, during any investigation, an officer becomes aware of suspicious activity that is unrelated to the current investigation, the information should be documented separately in a case report. 429.5 HANDLING INFORMATION The Records Division will forward copies of reports, in a timely manner, to the following: •Detective Division supervisor •The Crime Analysis unit •Other authorized designees Policy 430 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Civil Disputes - 312 Civil Disputes 430.1 PURPOSE AND SCOPE This policy provides members of the Jeffersonville Police Department with guidance for addressing conflicts between persons when no criminal investigation or enforcement action is warranted (e.g., civil matters), with the goal of minimizing any potential for violence or criminal acts. The Domestic or Family Violence Policy will address specific legal mandates related to domestic violence court orders. References in this policy to “court orders” apply to any order of a court that does not require arrest or enforcement by the terms of the order or by Indiana law. 430.2 POLICY The Jeffersonville Police Department recognizes that a law enforcement presence at a civil dispute can play an important role in the peace and safety of the community. Subject to available resources, members of this department will assist at the scene of civil disputes with the primary goal of safeguarding persons and property, preventing criminal activity and maintaining the peace. When handling civil disputes, members will remain impartial, maintain a calm presence, give consideration to all sides and refrain from giving legal or inappropriate advice. 430.3 GENERAL CONSIDERATIONS When appropriate, members handling a civil dispute should encourage the involved parties to seek the assistance of resolution services or take the matter to the civil courts. Members must not become personally involved in disputes and shall at all times remain impartial. While not intended to be an exhaustive list, members should give considerations to the following when handling civil disputes: (a)Civil disputes tend to be confrontational and members should be alert that they can escalate to violence very quickly. De-escalation techniques should be used when appropriate. (b)Members should not dismiss alleged or observed criminal violations as a civil matter and should initiate the appropriate investigation and report when criminal activity is apparent. (c)Members shall not provide legal advice, however, when appropriate, members should inform the parties when they are at risk of violating criminal laws. (d)Members are reminded that they shall not enter a residence or other non-public location without legal authority. (e)Members should not take an unreasonable amount of time assisting in these matters and generally should contact a supervisor if it appears that peacekeeping efforts longer than 30 minutes are warranted. Jeffersonville Police Department Policy Manual Civil Disputes Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Civil Disputes - 313 430.4 COURT ORDERS Disputes involving court orders can be complex. Where no mandate exists for an officer to make an arrest for a violation of a court order, the matter should be addressed by documenting any apparent court order violation in a report. If there appears to be a more immediate need for enforcement action, the investigating officer should consult a supervisor prior to making any arrest. If a person appears to be violating the terms of a court order but is disputing the validity of the order or its applicability, the investigating officer should document the following: (a)The person’s knowledge of the court order or whether proof of service exists. (b)Any specific reason or rationale the involved person offers for not complying with the terms of the order. A copy of the court order should be attached to the report when available. The report should be forwarded to the appropriate prosecutor. The report should also be forwarded to the court issuing the order with a notice that the report was also forwarded to the prosecutor for review. 430.4.1 STANDBY REQUESTS Officers responding to a call for standby assistance to retrieve property should meet the person requesting assistance at a neutral location to discuss the process. The person should be advised that items that are disputed will not be allowed to be removed. The member may advise the person to seek private legal advice as to the distribution of disputed property. Members should accompany the person to the location of the property. Members should ask if the other party will allow removal of the property or whether the other party would remove the property. If the other party is uncooperative, the person requesting standby assistance should be instructed to seek private legal advice and obtain a court order to obtain the items. Officers should not order the other party to allow entry or the removal of any items. If there is a restraining or similar order against the person requesting standby assistance, that person should be asked to leave the scene or they may be subject to arrest for violation of the order. If the other party is not present at the location, the member will not allow entry into the location or the removal of property from the location. 430.5 VEHICLES AND PERSONAL PROPERTY Officers may be faced with disputes regarding possession or ownership of vehicles or other personal property. Officers may review documents provided by parties or available databases (e.g., vehicle registration), but should be aware that legal possession of vehicles or personal property can be complex. Generally, officers should not take any enforcement action unless a crime is apparent. The people and the vehicle or personal property involved should be identified and the incident documented. Jeffersonville Police Department Policy Manual Civil Disputes Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Civil Disputes - 314 430.6 REAL PROPERTY Disputes over possession or occupancy of real property (e.g., land, homes, apartments) should generally be handled through a person seeking a court order. Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Traffic Operations - 315 Chapter 5 - Traffic Operations Policy 500 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Traffic - 316 Traffic 500.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for improving public safety through education and enforcement of traffic-related laws. 500.2 POLICY It is the policy of the Jeffersonville Police Department to educate the public on traffic-related issues and to enforce traffic laws. The efforts of the Department will be driven by such factors as the location and/or number of traffic accidents based on citizen complaints, traffic volume, traffic conditions and other traffic-related needs. The ultimate goal of traffic law enforcement and education is to increase public safety. 500.3 DEPLOYMENT Enforcement efforts may include such techniques as geographic/temporal assignment of department members and equipment, the establishment of preventive patrols to deal with specific categories of unlawful driving and a variety of educational activities. These activities should incorporate methods that are suitable to the situation; timed to events, seasons, past traffic problems or locations; and, whenever practicable, preceded by enforcement activities. Several factors will be considered in the development of deployment schedules for department members. State and local data on traffic accidents are a valuable resource. Factors for analysis include, but are not limited to, the following: •Location •Time •Day •Violation factors •Requests from the public •Construction zones •School zones •Special events Department members assigned to uniformed patrol or traffic enforcement functions will emphasize the enforcement of violations that contribute to traffic accidents, and also will consider the hours and locations where traffic accidents tend to occur. Members will take directed enforcement action on request, and random enforcement action when appropriate. Members shall maintain high visibility while working general enforcement, especially in areas where traffic accidents frequently occur. Jeffersonville Police Department Policy Manual Traffic Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Traffic - 317 500.4 ENFORCEMENT Traffic enforcement will be consistent with applicable laws and take into account the degree and severity of the violation committed. This department does not establish ticket quotas. The number of arrests or summons issued by any member shall not be used as the sole criterion for evaluating member overall performance (I.C. § 9-30-2-3). Several methods are effective in the reduction of traffic accidents including but not limited to: 500.4.1 WARNINGS Warnings are a non-punitive option that may be considered by the member when circumstances warrant, such as when a minor violation was inadvertent. 500.4.2 TRAFFIC INFORMATION AND SUMMONS Traffic information and summons should be issued when a member believes it is appropriate. When issuing a summons for a traffic violation, it is essential that the rights and requirements imposed on motorists be fully explained. At a minimum, motorists should be provided with (I.C. § 9-30-3-6): (a)An explanation of the violation or charge. (b)The court appearance procedure, including the optional or mandatory appearance by the motorist. (c)A notice of whether the motorist can enter a plea and pay the fine by mail or at the court. 500.4.3 PHYSICAL ARREST Physical arrest can be made on a number of criminal traffic offenses. These cases usually deal with, but are not limited to: (a)Accidents resulting in death (I.C. § 9-26-1-1.1). (b)Felony or misdemeanor hit-and-run (I.C. § 9-26-1-1.1). (c)Felony and misdemeanor driving under the influence of alcohol or drugs (I.C. § 9-30-5-1 et. seq.). (d)Refusal to sign a notice to appear (I.C. § 9-30-2-4). 500.5 SUSPENDED OR REVOKED LICENSES If an officer contacts a traffic violator who is also driving on a suspended or revoked license, the officer should issue a traffic information and summons or make an arrest as appropriate (I.C. § 9-30-4-8). 500.6 HIGH-VISIBILITY VESTS The Department has provided American National Standards Institute (ANSI) Class II high-visibility vests to increase the visibility of department members, who may be exposed to hazards presented by passing traffic or will be maneuvering or operating vehicles, machinery and equipment (23 CFR 655.601; I.C. § 22-8-1.1-2). Jeffersonville Police Department Policy Manual Traffic Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Traffic - 318 500.6.1 REQUIRED USE Except when working in a potentially adversarial or confrontational role, such as during vehicle stops, high-visibility vests should be worn when increased visibility would improve the safety of the department member or when the member will be exposed to the hazards of passing traffic, maneuvering or operating vehicles, machinery and equipment (I.C. § 22-8-1.1-2). Examples of when high-visibility vests should be worn include traffic control duties, traffic accident investigations, lane closures, disaster scenes, and in accoridance with City of Jeffersonville policy. When emergency conditions preclude the immediate donning of the vest, members should retrieve and wear the vest as soon as conditions reasonably permit. Use of the vests shall also be mandatory when directed by a supervisor. 500.6.2 CARE AND STORAGE High-visibility vests shall be maintained in the trunk of each patrol and investigation vehicle. in the gear bag of each patrol bicycle. Each vest should be stored inside a resealable plastic bag to protect and maintain the vest in a serviceable condition. Before going into service, each member shall ensure that a serviceable high-visibility vest is properly stored. A supply of high-visibility vests will be maintained and made available for replacement of damaged or unserviceable vests. The Shift Commander should be promptly notified whenever the supply of vests needs replenishing. Policy 501 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Traffic Accidents - 319 Traffic Accidents 501.1 PURPOSE AND SCOPE This policy provides guidelines for responding to and investigating traffic accidents. 501.2 POLICY It is the policy of the Jeffersonville Police Department to respond to traffic accidents and render or summon aid to injured victims as needed. The Department will investigate and prepare reports according to the established minimum reporting requirements with the goal of reducing the occurrence of accidents by attempting to identify the cause of the accident and through enforcing applicable laws. Unless restricted by law, traffic accident reports will be made available to the public upon request. 501.3 RESPONSE Upon arriving at the scene, the responding member should assess the need for additional resources and summon assistance as appropriate. Generally, the member initially dispatched to the scene will be responsible for the investigation and report, if required, unless responsibility is reassigned by a supervisor. A supervisor has the discretion under circumstances to ask for an outside agency to investigate the accident. A supervisor should be called to the scene when the incident: (a)Is within the jurisdiction of this department and there is: 1.A life-threatening injury. 2.A fatality. 3.A City vehicle involved. 4.A City official or employee involved. 5.Involvement of an on- or off-duty member of this department. (b)Is within another jurisdiction and there is: 1.A City of Jeffersonville vehicle involved. 2.A City of Jeffersonville official involved. 3.Involvement of an on-duty member of this department. 501.3.1 MEMBER RESPONSIBILITIES Upon arriving at the scene, the responding member should consider and appropriately address: (a)Traffic direction and control. (b)Proper placement of emergency vehicles, cones, roadway flares or other devices if available to provide protection for members, the public and the scene. (c)First aid for any injured parties if it can be done safely. Jeffersonville Police Department Policy Manual Traffic Accidents Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Traffic Accidents - 320 (d)The potential for involvement of hazardous materials. (e)The need for additional support as necessary (e.g., traffic control, fire department, hazardous materials response, tow vehicles). (f)Clearance and cleanup of the roadway. 501.4 NOTIFICATION If a traffic accident involves a life-threatening injury or fatality, the responding officer shall notify a supervisor or, if unavailable, the Uniform Patrol Commander. The Uniform Patrol Commander or any supervisor may assign a traffic investigator or other appropriate personnel to investigate the incident. The Uniform Patrol Commander will ensure notification is made to the Assistant Chief, department command staff and City Attorney in accordance with the Major Incident Notification Policy. 501.4.1 NOTIFICATION OF FAMILY In the event of a life-threatening injury or fatality, the supervisor responsible for the incident should ensure notification of the victim’s immediate family or coordinate such notification with the Coroner, department chaplain or another suitable person. Notification should be made as soon as practicable following positive identification of the victim. The identity of any person seriously injured or deceased in a traffic accident should not be released until notification is made to the victim’s immediate family. 501.5 MINIMUM REPORTING REQUIREMENTS An accident report shall be taken when: (a)A fatality, any injury (including complaint of pain), operating while intoxicated, or a hit-and- run is involved (I.C. § 9-26-2-1). (b)The accident results in a collision with an unattended vehicle and/or damage to property other than a vehicle and the owner of that vehicle or property cannot be located. (c)An on-duty member of the City of Jeffersonville is involved. (d)The accident results in any damage to any City-owned or leased vehicle. (e)The accident involves any other public agency driver or vehicle. (f)There is damage to public property. (g)There is damage to any vehicle to the extent that towing is required. (h)There is property damage of at least $1,000 (I.C. § 9-26-2-1). (i)Prosecution or follow-up investigation is contemplated. (j)Directed by a supervisor. 501.5.1 PRIVATE PROPERTY Generally, reports should not be taken when a traffic accident occurs on private property unless the accident occurs on property that is open to the public and involves personal injury or death or property damage of at least $1,000 (I.C. § 9-26-2-4). Jeffersonville Police Department Policy Manual Traffic Accidents Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Traffic Accidents - 321 501.5.2 CITY VEHICLE INVOLVED A traffic accident report shall be taken when a City vehicle is involved in a traffic accident that results in property damage or injury. Whenever there is damage to a City vehicle, a vehicle damage report shall be completed and forwarded to the appropriate Assistant Chief or designee. The traffic investigator or supervisor at the scene should determine what photographs should be taken of the scene and the vehicle damage. 501.5.3 INJURED ANIMALS Department members should refer to the Animal Control Policy when a traffic accident involves the disposition of an injured animal. 501.6 INVESTIGATION When a traffic accident meets minimum reporting requirements the investigation should include, at a minimum: (a)Identification and interview of all involved parties. (b)Identification and interview of any witnesses. (c)A determination of whether a violation of law has occurred and the appropriate enforcement action. (d)Identification and protection of items of apparent evidentiary value. (e)Documentation of the incident as necessary (e.g., statements, measurements, photographs, collection of evidence and reporting) on the appropriate forms. 501.6.1 INVESTIGATION BY OUTSIDE LAW ENFORCEMENT AGENCY The on-duty Shift Supervisor should request that the Indiana State Police or other outside law enforcement agency investigate and complete a traffic accident investigation when a life-threatening injury, fatal traffic accident, or a jeffersonville police department vehicle involved, occurs within the jurisdiction of the Jeffersonville Police Department and involves: (a)An on- or off-duty member of the Department. 1.The involved member shall complete the department traffic accident form. If the member is unable to complete the form, the supervisor shall complete it. (b)An on- or off-duty official or employee of the City of Jeffersonville. Department members shall promptly notify a supervisor when any department vehicle is involved in a traffic accident. The accident investigation and report shall be completed by the agency having jurisdiction. 501.6.2 REMOVAL FROM LINE DUTY ASSIGNMENT When an on-duty member is involved in a traffic accident that involves a life-threatening injury or fatality, the member should be placed in a temporary administrative assignment pending an Jeffersonville Police Department Policy Manual Traffic Accidents Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Traffic Accidents - 322 administrative review. The Chief of Police may exercise discretion and choose not to place a member in an administrative assignment. 501.7 ENFORCEMENT ACTION After a thorough investigation in which physical evidence or independent witness statements indicate that a violation of a traffic law contributed to the accident, authorized members should issue a summons or arrest the offending driver, as appropriate. More serious violations, such as driving under the influence of drugs or alcohol, vehicular manslaughter or other felonies, shall be enforced. If a driver who is subject to enforcement action is admitted to a hospital, a supervisor shall be contacted to determine the best enforcement option. 501.8 REPORTS Department members shall utilize forms approved by the Indiana State Police as required for the reporting of traffic accidents. All such reports shall be forwarded to the Records Division for approval and filing (I.C. § 9-26-2-2). 501.8.1 REPORT MODIFICATION A change or modification of a written report that alters a material fact in the report may be made only by the member who prepared the report, and only prior to its approval and distribution. Once a report has been approved and distributed, corrections shall only be made by way of a written supplemental report. A written supplemental report may be made by any authorized member. Policy 502 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Vehicle Towing - 323 Vehicle Towing 502.1 PURPOSE AND SCOPE This policy provides guidance related to vehicle towing. Nothing in this policy shall require a member of this department to tow a vehicle. 502.2 POLICY The Jeffersonville Police Department will tow vehicles when appropriate and in accordance with the law. 502.3 REMOVAL OF VEHICLES DUE TO HAZARD When a vehicle should be towed because it presents a hazard, the owner or operator should arrange for the towing. Department members may assist by communicating requests through Central Alarm to expedite the process. If the owner or operator is unable to arrange for towing and the vehicle presents a hazard, the vehicle may be towed at the direction of the department member (I.C. § 9-21-16-3; I.C. § 9-21-16-4). Vehicles that are not the property of the City should not be driven by department members unless it is necessary to move the vehicle a short distance to eliminate a hazard, prevent the obstruction of a fire hydrant or comply with posted signs. 502.4 ARREST SCENES Whenever the owner or operator of a vehicle is arrested, the arresting officer should provide reasonable safekeeping by leaving the vehicle secured and lawfully parked at the scene or, when appropriate, by having the vehicle towed, such as when the vehicle presents a traffic hazard or the vehicle would be in jeopardy of theft or damage if left at the scene. Officers are not required to investigate whether alternatives to towing a vehicle exist after an arrest. However, a vehicle should not be towed if reasonable alternatives exist. When considering whether to leave a vehicle at the scene, officers should take into consideration public safety as well as the reasonable safety of the vehicle and its contents. The following are examples of situations where a vehicle should not be towed: •The vehicle is parked on private property, on which the arrestee or owner is legally residing, or the property owner does not object to the vehicle being parked at that location. •The arrestee or owner of the vehicle requests that it be released to a person who is present, willing and able to legally take control of the vehicle. Jeffersonville Police Department Policy Manual Vehicle Towing Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Vehicle Towing - 324 502.5 VEHICLES RELATED TO CRIMINAL INVESTIGATIONS Officers should tow vehicles that are needed for the furtherance of an investigation or prosecution of a case, or that are otherwise appropriate for seizure as evidence. Officers should make reasonable efforts to return a recovered stolen vehicle to its owner rather than have it towed, so long as the vehicle is not needed for evidence. 502.5.1 UNAUTHORIZED USER An officer who discovers a vehicle in the possession of an individual who cannot establish the right to possession of the vehicle shall take and stored the vehicle in a suitable place (I.C. § 9-22-1-5). 502.6 RECORDS Records Division members shall ensure that pertinent data regarding a towed vehicle is promptly entered into the appropriate database. 502.6.1 VEHICLE STORAGE REPORT Department members towing a vehicle shall complete an abandoned vehicle report. The report should be submitted to the Records Division as soon as practicable after the vehicle is towed. 502.6.2 NOTICE TAG When an officer is notified of an abandoned vehicle on public property, the officer shall attach, in a prominent place, a notice tag. The notice tag shall include the following information (I.C. § 9-22-1-11): (a)The date and time (b)The officer’s name (c)The name, address and telephone number of the Jeffersonville Police Department (d)Notice that he vehicle is considered abandoned (e)Notice that the vehicle will be removed after: 1.24 hours, if the vehicle is located on or within the right-of-way of an interstate highway or any highway that is part of the state highway system 2.72 hours, for any other vehicle (f)Notice that the person who owns the vehicle will be held responsible for all cost incidental to the removal, storage and disposal of the vehicle (g)Notice that the person who owns the vehicle may avoid costs by removal of the vehicle within the time designated on the notice If a tagged vehicle is not removed within the applicable time period, the officer shall prepare a written abandoned vehicle report indicating the condition of the vehicle. Any photographs of the vehicle, if available, should be attached to the report (I.C. § 9-22-1-12). 502.6.3 NOTICE OF TOW Within 72 hours, excluding weekends and holidays, of a vehicle being towed, it shall be the responsibility of the Records Division to send a notice of tow to all registered owners and others Jeffersonville Police Department Policy Manual Vehicle Towing Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Vehicle Towing - 325 having a recorded interest in the vehicle. Notice shall be sent to all such individuals by certified mail or by means of electronic service if approved by the Bureau of Motor Vehicles. The notice shall include (I.C. § 9-22-1-11): (a)The name, address and telephone number of the Jeffersonville Police Department. (b)The location where the vehicle is stored. (c)A description of the vehicle, including the following: 1.Color 2.Manufacturer year 3.Make and model 4.License plate number and/or Vehicle Identification Number (VIN) 5.Mileage (d)The authority and purpose for the removal of the vehicle. (e)An explanation of the procedure for release of the vehicle and for obtaining a vehicle tow hearing. If a vehicle is in such a condition that the vehicle identification number or other means of identification are not available to determine the registered owner or others having a registered interest in the vehicle, the vehicle may be disposed of without notice (I.C. § 9-22-1-21). 502.7 TOWING SERVICES Members shall not show preference among towing services that have been authorized for use by the Department. A rotation or other system established by the Department for tow services should be followed. 502.8 VEHICLE INVENTORY The contents of all vehicles towed at the request of department members shall be inventoried and listed on the inventory report. When reasonably practicable, photographs may be taken to assist in the inventory. (a)An inventory of personal property and the contents of open containers will be conducted throughout the passenger and engine compartments of the vehicle including, but not limited to, any unlocked glove box, other accessible areas under or within the dashboard area, any pockets in the doors or in the back of the front seat, in any console between the seats, under any floor mats and under the seats. (b)In addition to the passenger and engine compartments as described above, an inventory of personal property and the contents of open containers will also be conducted in any other type of unlocked compartments that are a part of the vehicle, including unlocked vehicle trunks and unlocked car top containers. Jeffersonville Police Department Policy Manual Vehicle Towing Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Vehicle Towing - 326 (c)Any locked compartments including, but not limited to, locked glove compartments, locked vehicle trunks, locked hatchbacks and locked car-top containers should be inventoried, provided the keys are available and released with the vehicle to the third-party towing company or an unlocking mechanism for such compartment is available within the vehicle. (d)Closed containers located either within the vehicle or any of the vehicle’s compartments will not be opened for inventory purposes except for the following: wallets, purses, coin purses, fanny packs, personal organizers, briefcases or other closed containers designed for carrying money, small valuables or hazardous materials. Members should ask the occupants whether the vehicle contains any valuables or hazardous materials. Responses should be noted in the inventory report. If the occupant acknowledges that any closed container contains valuables or a hazardous material, the container shall be opened and inventoried. When practicable and appropriate, such items should be removed from the vehicle and given to the owner, or booked into property for safekeeping. Any cash, jewelry or other small valuables located during the inventory process will be held for safekeeping, in accordance with the Property Room Policy. A copy of the property receipt should be given to the person in control of the vehicle or if that person is not present, left in the vehicle. These inventory procedures are for the purpose of protecting the vehicle owner's property, providing for the safety of department members and protecting the Department against fraudulent claims of lost, stolen or damaged property. Towing a vehicle in order to perform an inventory should not be used as a pretext for an evidence search. Nothing in this policy prevents the towing of a vehicle that would occur for reasons independent of any suspicion that the vehicle may contain evidence if it is otherwise justified by law or this policy. 502.9 SECURITY OF VEHICLES AND RETRIEVAL OF PROPERTY If the search of a vehicle leaves the vehicle or any property contained therein vulnerable to unauthorized entry, theft or damage, the department member conducting the search shall take such steps as are reasonably necessary to secure or protect the vehicle or property from such hazards. Unless it would cause an unreasonable delay in towing the vehicle or create an issue of officer safety, reasonable accommodations should be made to permit the owner, operator or occupant to retrieve small items of value or personal need (e.g., cash, jewelry, cell phone, prescriptions), that are not considered evidence or contraband. Members who become aware that a vehicle may have been towed by the Department in error should promptly advise a supervisor. Supervisors should approve, when appropriate, the release of the vehicle without requiring the owner or his/her agent to request a hearing to contest the tow. Policy 503 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Traffic Information and Summons and Parking Citations - 327 Traffic Information and Summons and Parking Citations 503.1 PURPOSE AND SCOPE This policy outlines the responsibilities for issuing, correcting, voiding and dismissing traffic information and summons and parking citations. 503.2 POLICY It is the policy of the Jeffersonville Police Department to enforce traffic laws fairly and equally. Authorized members may issue a traffic information and summons and parking citation or written or verbal warning based upon the circumstances of the contact and in the best interest of the motoring public and community safety. 503.3 RESPONSIBILITIES The Records Division shall be responsible for the supply of all traffic information and summons and parking citations for this department. Members will sign for the summons and books when issued or upon return of unused summons and citations. Members of the Jeffersonville Police Department shall only use department-approved traffic information and summons and parking citation forms. 503.3.1 WRITTEN OR VERBAL WARNINGS Written or verbal warnings may be issued when the department member believes it is appropriate. The Records Division should maintain information relating to traffic stops in which a written warning is issued. Written warnings are retained by this department in accordance with the established records retention schedule. 503.4 TRAFFIC CITATIONS 503.4.1 RECORDS DIVISION Officers shall only use department-issued traffic information and summons. The Records Division shall ensure that (I.C. § 9-30-3-6): (a)Traffic information and summons are available and accessible as appropriate. (b)Each traffic information and summons shall have a unique number which will include the identifying number of the Jeffersonville Police Department. (c)A system of accountability is in place for each traffic information and summons in the possession of the Jeffersonville Police Department. (d)Adequate records are maintained to establish: 1.The date of distribution of each blank traffic information and summons, or block of summons, and the officer to whom it is issued. 2.An accounting system for all voided traffic information and summons. Jeffersonville Police Department Policy Manual Traffic Information and Summons and Parking Citations Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Traffic Information and Summons and Parking Citations - 328 3.The circumstances under which any traffic information and summons, or block of summons, has been lost or misplaced. 503.4.2 BOND Any person may be released with a traffic information and summons for a minor traffic offense in lieu of either posting a bail presentation to a magistrate or incarceration provided that the person (I.C. § 9-30-3-6): (a)Presents a driver’s license. (b)Signs a traffic information and summons acknowledging receipt and his/her obligation to appear. 503.4.3 CORRECTION When a traffic information and summons is issued but is in need of correction, the member issuing the summons shall submit the summons and a letter to his/her immediate supervisor requesting a specific correction. Once approved, the summons and letter shall then be forwarded to the Records Division. The Records Manager or the authorized designee shall prepare a letter of correction to the court having jurisdiction and notify the summons recipient in writing. 503.4.4 VOIDING Voiding a traffic information and summons may occur when the summons has not been completed or when it is completed but not issued. All copies of the voided summons shall be presented to a supervisor for approval. The summons and copies shall then be forwarded to the Records Division. 503.4.5 DISMISSAL Members of this department do not have the authority to dismiss a traffic information and summons once it has been issued, and submitted to the court. Only the court has that authority. Any request to dismiss a summons shall be referred to the issuing officer and/or Shift Commander. Upon a review of the circumstances involving the issuance of the traffic information and summons, the issuingofficer and/or Shift Commander may recommend dismissal. If approved, the summons will be forwarded to the appropriate prosecutor with a request for dismissal. Should a member determine during a court proceeding that a traffic information and summons should be dismissed in the interest of justice or where prosecution is deemed inappropriate, the member may request the court to dismiss the summons. Upon such dismissal, the member shall notify his/her immediate supervisor of the circumstances surrounding the dismissal and shall complete any paperwork as directed or required, and forward it to the Uniform Patrol Commander for review. 503.4.6 DISPOSITION Jeffersonville Police Department Policy Manual Traffic Information and Summons and Parking Citations Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Traffic Information and Summons and Parking Citations - 329 Upon separation from appointment or employment with this department, all members who were issued traffic information and summons books shall return any unused summons to the Records Division. 503.5 PARKING CITATION APPEALS Parking citations may be appealed in accordance with local and state law. Policy 504 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Operating While Intoxicated - 330 Operating While Intoxicated 504.1 PURPOSE AND SCOPE This policy provides guidance to those department members who play a role in the detection and investigation of drivers operating vehicles while intoxicated (OWI). 504.2 POLICY The Jeffersonville Police Department is committed to the safety of the roadways and the community and will pursue fair but aggressive enforcement of Indiana's OWI laws. 504.3 INVESTIGATIONS Officers should not enforce OWI laws to the exclusion of their other duties unless specifically assigned to OWI enforcement. All officers are expected to enforce these laws with due diligence. The Uniform Patrol Commander or designee will develop and maintain, in consultation with the prosecuting attorney, report forms with appropriate checklists to assist investigating officers in documenting relevant information and maximizing efficiency. Any OWI investigation will be documented using these forms. Information documented elsewhere on the form does not need to be duplicated in the report narrative. Information that should be documented includes, at a minimum: (a)The field sobriety tests (FSTs) administered and the results. (b)The officer’s observations that indicate impairment on the part of the individual, and the officer’s health-related inquiries that may help to identify any serious health concerns (e.g., diabetic shock). (c)Sources of additional information (e.g., reporting party, witnesses) and their observations. (d)Information about any audio and/or video recording of the individual’s driving or subsequent actions. (e)The location and time frame of the individual’s vehicle operation and how this was determined. (f)Any prior related convictions in Indiana or another jurisdiction. 504.4 FIELD TESTS The Uniform Patrol Commander or designee should identify standardized FSTs and any approved alternate tests for officers to use when investigating violations of Indiana OWI laws. 504.5 CHEMICAL TESTS A person implies consent to a chemical test or tests, and to providing the associated chemical sample, under any of the following (I.C. § 9-30-6-1 et seq.; I.C. § 9-30-7-2): Jeffersonville Police Department Policy Manual Operating While Intoxicated Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Operating While Intoxicated - 331 (a)The officer has probable cause to believe that the person has committed an offense under any of the following: 1.OWI (I.C. § 9-30-5-1 et seq.) 2.Implied Consent (I.C. § 9-30-6-1 et seq.) 3.Circuit Court Alcohol Abuse Deterrent Programs (I.C. § 9-30-9-1 et seq.) 4.Open Alcoholic Beverage Containers/Consumption of Alcohol in Motor Vehicles (I.C. § 9-30-15-1 et seq.) (b)The officer has probable cause to believe that the person has committed an offense in (a) above and has been involved in an accident involving actual or imminent death or serious bodily injury (I.C. § 9-30-6-6). An officer may administer more than one chemical test during the course of an OWI investigation (I.C. § 9-30-6-2; I.C. § 9-30-7-3). If a person withdraws this implied consent, or is unable to withdraw consent (e.g., the person is unconscious), the officer should consider implied consent revoked and proceed as though the person has refused to provide a chemical sample. 504.5.1 STATUTORY NOTIFICATIONS Officers should advise a person that in order to comply with the implied consent laws of Indiana, they must submit to each chemical test offered (I.C. § 9-30-6-2). 504.5.2 BREATH SAMPLES The Uniform Patrol Commander or designee shall ensure that all devices used for the collection and analysis of breath samples are properly serviced and tested, and that a record of such service and testing is properly maintained (I.C. § 9-30-6-5; 260 I.A.C. 2-3-2). Officers obtaining a breath sample should monitor the device for any sign of malfunction. Any anomalies or equipment failures should be noted in the appropriate report and promptly reported to the Uniform Patrol Commander (260 I.A.C. 2-4-1; 260 I.A.C. 2-4-2). 504.5.3 BLOOD SAMPLES Only persons authorized by law to draw blood shall collect blood samples. The blood draw should be witnessed by the assigned officer. No officer, even if properly certified, should perform this task (I.C. § 9-30-6-6). Officers should inform an arrestee that if he/she chooses to provide a blood sample, a separate sample can be collected for alternate testing. Unless medical personnel object, two samples should be collected and retained as evidence, so long as only one puncture is required. The blood sample shall be packaged, marked, handled, stored and transported as required by the testing facility. If an arrestee cannot submit to a blood draw because he/she has a bleeding disorder or has taken medication that inhibits coagulation, he/she shall not be required to take a blood test. Such inability Jeffersonville Police Department Policy Manual Operating While Intoxicated Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Operating While Intoxicated - 332 to take a blood test shall not be considered a refusal. However, that arrestee may be required to complete another available and viable test. 504.5.4 URINE SAMPLES If a urine test will be performed, the arrestee should be promptly transported to the appropriate testing site. The officer shall follow any directions accompanying the urine evidence collection kit. Urine samples shall be collected and witnessed by an officer or jail staff member of the same sex as the individual giving the sample. The arrestee should be allowed sufficient privacy to maintain his/her dignity, to the extent possible, while still ensuring the accuracy of the sample. The sample shall be packaged, marked, handled, stored and transported as required by the testing facility. 504.5.5 PORTABLE BREATH TEST A portable breath test (PBT) may be offered when an officer has reasonable suspicion to believe that a person is OWI or has been involved in an accident resulting in actual or imminent death, or serious bodily injury (I.C. § 9-30-6-6). 504.6 REFUSALS When an arrestee refuses to provide a chemical sample, officers (I.C. § 9-30-6-7; I.C. § 9-30-6-8): (a)Should advise the arrestee of the requirement to provide a sample. (b)Should audio- and/or video-record the admonishment and the response when it is practicable. (c)Shall document the refusal in the appropriate report. (d)Shall prepare a probable cause affidavit to be forwarded to the prosecuting attorney of the county where the alleged offense occurred. 504.6.1 STATUTORY NOTIFICATIONS UPON REFUSAL Upon refusal to submit to a chemical test, officers shall inform the person that refusal will result in the suspension of his/her driving privileges and take possession of the person’s driver’s license or permit. The officer shall issue the person a receipt (I.C. § 9-30-6-7). 504.6.2 BLOOD SAMPLE WITHOUT CONSENT A blood sample may be obtained from a person who refuses a chemical test when any of the following conditions exist: (a)A search warrant has been obtained. (b)The officer can articulate that exigent circumstances exist. Exigency does not exist solely because of the short time period associated with the natural dissipation of alcohol or controlled or prohibited substances in the person’s bloodstream. Exigency can be established by the existence of special facts, such as a lengthy time delay resulting from an accident investigation or medical treatment of the person. Jeffersonville Police Department Policy Manual Operating While Intoxicated Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Operating While Intoxicated - 333 (c)The officer has probable cause to believe that the person has violated OWI laws and has been involved in an accident that caused serious bodily injury or death of another (I.C. § 9-30-6-6). 504.6.3 FORCED BLOOD SAMPLE If an arrestee indicates by word or action that he/she will physically resist a blood draw, the officer should request a supervisor to respond. The responding supervisor should: (a)Evaluate whether using force to obtain a blood sample is appropriate under the circumstances. (b)Ensure that all attempts to obtain a blood sample through force cease if the person agrees to, and completes, a viable form of testing in a timely manner. (c)Advise the person of his/her duty to provide a sample (even if this advisement was previously done by another officer), and attempt to persuade the individual to submit to providing such a sample without physical resistance. 1.This dialogue should be recorded on audio and/or video when appropriate and practicable. (d)Ensure that the blood sample is taken in a medically approved manner (I.C. § 9-30-6-6). (e)Ensure that the forced blood draw is recorded on audio and/or video when appropriate and practicable. (f)Monitor and ensure that the type and level of force applied appears reasonable under the circumstances (I.C. § 9-30-6-6): 1.Unless otherwise provided in a warrant, force should generally be limited to handcuffing or similar restraint methods. 2.In misdemeanor cases, if the arrestee becomes violent or more resistant, no additional force will be used and a refusal should be noted in the report. 3.In felony cases, force which reasonably appears necessary to overcome the resistance to the blood draw may be permitted. (g)Ensure the use of force and methods used to accomplish the collection of the blood sample are documented in the related report. If a supervisor is unavailable, officers are expected to use sound judgment and perform the duties of a supervisor, as set forth above. 504.7 ARREST AND INVESTIGATION If an officer has probable cause to believe that a person committed an OWI offense, the person may be arrested. However, if the chemical test results in prima facie evidence that the person is intoxicated, the person shall be arrested for an OWI offense (I.C. § 9-30-6-3). Jeffersonville Police Department Policy Manual Operating While Intoxicated Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Operating While Intoxicated - 334 504.7.1 TIME TO ADMINSTER TEST All chemical tests shall be administered to a person within three hours after an officer has made the determination that the person is OWI or that the person has been involved in an accident resulting in serious bodily injury, or actual or imminent death (I.C. § 9-30-6-2; I.C. § 9-30-6-6; I.C. § 9-30-6-7). 504.7.2 MEDICAL TEST RESULTS For the criminal investigation, officers should obtain chemical test results conducted by medical personnel acting under the direction or protocol of a physician. The test results shall be provided to an officer even if the person has not consented or authorized his/her release (I.C. § 9-30-6-6). 504.8 RECORDS DIVISION RESPONSIBILITIES The Records Manager will ensure that all case-related records are transmitted according to current records procedures and as required by the prosecuting attorney’s office. 504.9 ADMINISTRATIVE HEARINGS Any officer who receives notice of required attendance at an administrative license suspension hearing should promptly notify the prosecuting attorney. An officer called to testify at an administrative hearing should document the hearing date and the BMV file number in a supplemental report. Specific details of the hearing generally should not be included in the report unless errors, additional evidence or witnesses are identified. Policy 505 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Disabled Vehicles - 335 Disabled Vehicles 505.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for department members who provide assistance to motorists in disabled vehicles within the primary jurisdiction of the Jeffersonville Police Department. 505.2 POLICY It is the policy of the Jeffersonville Police Department to assist motorists with disabled vehicles until those vehicles are safely removed from the roadway. Members should take appropriate action to mitigate potential problems when a vehicle constitutes a traffic hazard or the safety of the motorist is a concern. 505.3 RESPONSIBILITIES When an on-duty member or off-duty member of this department sees a disabled vehicle on the roadway within city limits, the member should make a reasonable effort to provide assistance. If this is not reasonably possible, the telecommunications operator should be advised of the location of the disabled vehicle and the need for assistance. The telecommunications operator should then assign another department member to respond as soon as practicable. 505.4 ASSISTANCE In most cases, a disabled motorist will require assistance. After arrangements for assistance are made, continued involvement by department members will be contingent on the time of day, the location, the availability of department resources and the vulnerability of the disabled motorist. 505.4.1 MECHANICAL REPAIRS Department members shall not make mechanical repairs to a disabled vehicle. The use of push bumpers, with consent of the owner, to relocate vehicles to a position of safety is not considered a mechanical repair. 505.4.2 RELOCATION OF DISABLED VEHICLES The relocation of disabled vehicles by members of this department by pushing or pulling a vehicle should only occur when the conditions reasonably indicate that immediate movement is necessary to reduce a hazard presented by the disabled vehicle. 505.4.3 RELOCATION OF DISABLED MOTORIST The relocation of a disabled motorist should only occur with the person’s consent and should be suggested when conditions reasonably indicate that immediate movement is necessary to mitigate a potential hazard. The department member may stay with the disabled motorist or transport him/ her to a safe area to await pickup. Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Investigation Operations - 336 Chapter 6 - Investigation Operations Policy 600 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Investigation and Prosecution - 337 Investigation and Prosecution 600.1 PURPOSE AND SCOPE The purpose of this policy is to set guidelines and requirements pertaining to the handling and dispositions of criminal investigations. 600.2 POLICY It is the policy of the Jeffersonville Police Department to investigate crimes thoroughly and with due diligence, and to evaluate and prepare criminal cases for appropriate clearance or submission to a prosecutor. 600.3 INITIAL INVESTIGATION 600.3.1 OFFICER RESPONSIBILITIES An officer responsible for an initial investigation shall complete no less than the following: (a)Make a preliminary determination of whether a crime has been committed by completing, at a minimum: 1.An initial statement from any witnesses or complainants. 2.A cursory examination for evidence. (b)If information indicates a crime has occurred, the officer shall: 1.Preserve the scene and any evidence as required to complete the initial and follow- up investigation. 2.Determine whether additional investigative resources (e.g., investigators or scene processing) are necessary and request assistance as required. 3.If assistance is warranted, or if the incident is not routine, notify the Officer in Charge or the Detective Division. 4.Make reasonable attempts to locate, identify and interview all available victims, complainants, witnesses and suspects. 5.Collect any evidence. 6.Take any appropriate law enforcement action. 7.Complete and submit the appropriate reports and documentation. (c)If the preliminary determination is that no crime occurred, determine what other action may be necessary and what other resources may be available, and advise the informant or complainant of this information. Jeffersonville Police Department Policy Manual Investigation and Prosecution Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Investigation and Prosecution - 338 600.4 CUSTODIAL INTERROGATION REQUIREMENTS Suspects who are in custody and subjected to an interrogation shall be given the Miranda warning, unless an exception applies. Interview or interrogation of a juvenile shall be in accordance with the Temporary Custody of Juveniles Policy. 600.4.1 AUDIO/VIDEO RECORDINGS Any custodial interrogation of an individual who is suspected of having committed any felony offense shall be recorded (audio or video with audio as available) in its entirety, unless it is an exception pursuant to Indiana Rules of Court Evidence, Rule 617. Regardless of where the interrogation occurs, every reasonable effort should be made to secure functional recording equipment to accomplish such recordings. Consideration should also be given to recording a custodial interrogation, or any investigative interview, for any other offense when it is reasonable to believe it would be appropriate and beneficial to the investigation and is otherwise allowed by law. No recording of a custodial interrogation should be destroyed or altered without written authorization from the prosecuting attorney and the Chief of Detectives. Copies of recorded interrogations or interviews may be made in the same or a different format as the original recording, provided the copies are true, accurate and complete, and are made only for authorized and legitimate law enforcement purposes. Recordings should not take the place of a thorough report and investigative interviews. Written statements from suspects should continue to be obtained when applicable. 600.5 DISCONTINUATION OF INVESTIGATIONS The investigation of a criminal case or efforts to seek prosecution should only be discontinued if one of the following applies: (a)All reasonable investigative efforts have been exhausted, there is no reasonable belief that the person who committed the crime can be identified and the incident has been documented appropriately. (b)The perpetrator of a misdemeanor has been identified and a warning is the most appropriate disposition. 1.In these cases, the investigator shall document that the person was warned. 2.Warnings shall not be given for felony offenses or other offenses identified in this policy or by law that require an arrest or submission of a case to a prosecutor. (c)The case has been submitted to the appropriate prosecutor but no charges have been filed. Further investigation is not reasonable nor has the prosecutor requested further investigation. (d)The case has been submitted to the appropriate prosecutor; charges have been filed; further investigation is not reasonable, warranted or requested; and there is no need to take the suspect into custody. Jeffersonville Police Department Policy Manual Investigation and Prosecution Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Investigation and Prosecution - 339 (e)Suspects have been arrested, there are no other suspects, and further investigation is either not warranted or requested. (f)Investigation has proved that a crime was not committed (see the Sexual Assault Investigations Policy for special considerations in these cases). The Domestic or Family Violence, Child Abuse, Sexual Assault Investigations and Adult Abuse policies may also require an arrest or submittal of a case to a prosecutor. 600.6 COMPUTERS AND DIGITAL EVIDENCE The collection, preservation, transportation and storage of computers, cell phones and other digital devices may require specialized handling to preserve the value of the related evidence. If it is anticipated that computers or similar equipment will be seized, officers should request that computer forensic examiners assist with seizing computers and related evidence. If a forensic examiner is unavailable, officers should take reasonable steps to prepare for such seizure and use the resources that are available. 600.7 INVESTIGATIVE USE OF SOCIAL MEDIA AND INTERNET SOURCES Use of social media and any other Internet source to access information for the purpose of criminal investigation shall comply with applicable laws and policies regarding privacy, civil rights and civil liberties. Information gathered via the Internet should only be accessed by members while on-duty and for purposes related to the mission of this department. If a member encounters information relevant to a criminal investigation while off-duty or while using his/her own equipment, the member should note the dates, times and locations of the information and report the discovery to his/her supervisor as soon as practicable. The member, or others who have been assigned to do so, should attempt to replicate the finding when on-duty and using department equipment. Information obtained via the Internet should not be archived or stored in any manner other than department-established record keeping systems (see the Records Maintenance and Release and Criminal Organizations policies). 600.7.1 ACCESS RESTRICTIONS Information that can be accessed from any department computer, without the need of an account, password, email address, alias or other identifier (unrestricted websites), may be accessed and used for legitimate investigative purposes without supervisory approval. Accessing information from any Internet source that requires the use or creation of an account, password, email address, alias or other identifier, or the use of nongovernment IP addresses, requires supervisor approval prior to access. The supervisor will review the justification for accessing the information and consult with legal counsel as necessary to identify any policy or legal restrictions. Any such access and the supervisor approval shall be documented in the related investigative report. Jeffersonville Police Department Policy Manual Investigation and Prosecution Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Investigation and Prosecution - 340 Accessing information that requires the use of a third party’s account or online identifier requires supervisor approval and the consent of the third party. The consent must be voluntary and shall be documented in the related investigative report. Information gathered from any Internet source should be evaluated for its validity, authenticity, accuracy and reliability. Corroborative evidence should be sought and documented in the related investigative report. Any information collected in furtherance of an investigation through an Internet source should be documented in the related report. Documentation should include the source of information and the dates and times that the information was gathered. 600.7.2 INTERCEPTING ELECTRONIC COMMUNICATION Intercepting social media communications in real time may be subject to federal and state wiretap laws. Officers should seek legal counsel before any such interception. 600.8 MODIFICATION OF CHARGES FILED Members are not authorized to recommend to the prosecutor or to any other official of the court that charges on a pending case be amended or dismissed without the authorization of their Squad Commander . Any authorized request to modify the charges or to recommend dismissal of charges shall be made to the prosecutor. Policy 601 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Sexual Assault Investigations - 341 Sexual Assault Investigations 601.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the investigation of sexual assaults. These guidelines will address some of the unique aspects of such cases and the effects that these crimes have on the victims. Mandatory notifications requirements are addressed in the Child Abuse and Adult Abuse policies. 601.1.1 DEFINITIONS Definitions related to this policy include: Sexual assault - Any crime or attempted crime of a sexual nature, to include, but not limited to, offenses defined in I.C. § 35-42-4-1 et. seq. 601.2 POLICY It is the policy of the Jeffersonville Police Department that its members, when responding to reports of sexual assaults, will strive to minimize the trauma experienced by the victims, and will investigate sexual assaults, pursue apprehension and conviction of perpetrators, and protect the safety of the victims and the community. 601.3 QUALIFIED INVESTIGATORS Qualified investigators should be available for assignment of sexual assault investigations. These investigators should: (a)Have training in, and/or be familiar with, interview techniques and the medical and legal issues that are relate to sexual assault investigations. (b)Conduct follow-up interviews and investigation. (c)Present appropriate cases of alleged sexual assault to the prosecutor for review. (d)Coordinate with other enforcement agencies, social service agencies and medical personnel as needed. 601.4 INVESTIGATION AND REPORTING In all reported or suspected cases of sexual assault, a report should be written and assigned for follow-up investigation. This includes incidents in which the allegations appear unfounded or unsubstantiated. 601.4.1 VICTIM INTERVIEWS The primary considerations in sexual assault investigations, which begin with the initial call the victim makes to Central Alarm, should be the health and safety of the victim, the preservation of evidence and preliminary interviews to determine if a crime has been committed and to attempt to identify the suspect. Jeffersonville Police Department Policy Manual Sexual Assault Investigations Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Sexual Assault Investigations - 342 When possible an in-depth follow-up interview should not be conducted until after the medical and forensic examinations are completed and the personal needs of the victim have been met (e.g. change of clothes, bathing). The follow-up interview may be delayed to the following day based upon the circumstances. Whenever practicable, the follow-up interview should be conducted by a qualified investigator. Victims are often reluctant or embarrassed to discuss details. Recanting or changing one or more aspects of a prior statement is not necessarily an indication of false reporting or that the case is unfounded. If the responding officer has reason to believe the incident may be without merit, he/ she should document the evidence and inconsistencies. Due to physical and emotional trauma, and the myths and stereotypes associated with sexual assault, inconsistencies in the victim's report are not uncommon. No opinions of whether the case is unfounded shall be included in the report. An officer may not require a victim to submit to a polygraph or other truth telling device examination (I.C. § 35-37-4.5-2). An officer may not refuse to investigate, charge or prosecute a sexual assault offense solely because the victim has not submitted to a polygraph or other truth telling device examination (I.C. § 35-37-4.5-3). Victims shall be notified that biological samples will be removed from secured storage and may be destroyed if the victim does not report the sexual assault offense to a law enforcement agency within one year after the sample is placed in secured storage (I.C. § 16-21-8-10). Victims shall not be compelled to provide testimony during any judicial, legislative or administrative proceeding that would identify the name, address, location or telephone number of any facility that provided emergency shelter to the victim (I.C. § 35-37-6-9). Victims should be apprised of applicable victim’s rights provisions, as outlined in the Victim and Witness Assistance Policy. 601.4.2 COLLECTION AND TESTING OF BIOLOGICAL EVIDENCE When the facts of the case indicate that collection of biological evidence is warranted, it should be collected regardless of how much time has elapsed since the reported assault. If resources allow, kits or biological evidence from all rape cases, including cases where the suspect is known by the victim, should be submitted for biological testing. The result and the case information should be entered into state and national registries in a timely manner. Victims who choose not to file a police report may desire to provide an anonymous rape kit. In these circumstances the rape kit shall be completed and stored according to I.C. § 16-21-8-10. All evidence from cases where the suspect is a stranger to the victim shall be transmitted in a timely manner to the proper forensics lab for processing all relevant biological evidence. Jeffersonville Police Department Policy Manual Sexual Assault Investigations Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Sexual Assault Investigations - 343 Within 48 hours of receiving notification that a sample has been collected, officers shall receive the sample and secure the sample in accordance with the Property Room Policy (I.C. § 16-21-8-10). 601.4.3 DISPOSITION OF CASES If the assigned investigator has reason to believe the case is without merit, the case may be classified as unfounded only upon review and approval of the Chief of Detectives. Classification of a rape case as unfounded requires the Detective Division supervisor to determine that the facts have significant irregularities with reported information and that the incident could not have happened as it was reported. When a victim has recanted his/her original statement, there must be corroborating evidence to support the recanted information before the case should be determined as unfounded. 601.4.4 AUDITING CASE DISPOSITIONS The Detective Division supervisor will ensure case dispositions are reviewed on a periodic basis using an identified group that is independent of the investigation process. 601.5 RELEASING INFORMATION TO THE PUBLIC In cases where the perpetrator is not known to the victim, and especially if there are multiple crimes where more than one appear to be related, consideration should be given to releasing information to the public whenever there is a reasonable likelihood that doing so may result in developing helpful investigative leads. The Detective Division supervisor should weigh the risk of alerting the suspect to the investigation with the need to protect the victim and the public, and to prevent more crimes. 601.6 TRAINING Subject to available resources, periodic training will be provided to: (a)Members who are first responders. This includes, but is not limited to, the following topics: 1.Initial response to sexual assaults 2.Legal issues 3.Victim advocacy 4.Victim’s response to trauma (b)Qualified investigators, who should receive advanced training on additional topics. This includes, but is not limited to, the following: 1.Interviewing sexual assault victims 2.Medical and legal aspects of sexual assault investigations 3.Serial crimes investigations Jeffersonville Police Department Policy Manual Sexual Assault Investigations Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Sexual Assault Investigations - 344 4.Use of community and other federal and state investigative resources, such as the Violent Criminal Apprehension Program (VICAP) Policy 602 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Asset Forfeiture - 345 Asset Forfeiture 602.1 PURPOSE AND SCOPE This policy describes the authority and procedure for the seizure, forfeiture and liquidation of property associated with designated offenses. 602.1.1 DEFINITIONS Definitions related to this policy include: Fiscal agent - The person designated by the Chief of Police to be responsible for securing and maintaining seized assets and distributing any proceeds realized from any forfeiture proceedings. This includes any time the Jeffersonville Police Department seizes property for forfeiture or when the Jeffersonville Police Department is acting as the fiscal agent pursuant to a multi-agency agreement. Forfeiture - The process by which legal ownership of an asset is transferred to a government or other authority. Forfeiture reviewer - The department member assigned by the Chief of Police who is responsible for reviewing all forfeiture cases and acting as the liaison between the Department and the forfeiture counsel. Property subject to forfeiture - Property that may be subject to forfeiture includes (I.C. § 34-24-1-1): (a)A vehicle used or intended for use to transport or facilitate the transportation of: 1.A controlled substance used to commit specific offenses (I.C. § 35-48-4-1 et seq.) 2.Stolen or converted property if the retail or repurchase value of that property is $100 or more (I.C. § 35-43-4-2; I.C. § 35-43-4-3). 3.Hazardous waste in violation of I.C. § 13-30-10-1.5. 4.A bomb or weapon of mass destruction used to commit or attempt an act of terrorism (b)Money, weapons, cell phones or other property used to commit, attempt to commit or conspire to commit an act of terrorism (I.C. § 35-48-4-1 et seq.). (c)Money, weapons, cell phones or other property used as consideration for a violation of certain offenses relating to controlled substances (I.C. § 35-48-4-1 et seq.). (d)Real or personal property purchased with money that is traceable as a proceed of a violation of a criminal statute. (e)A vehicle that is used to commit, attempt to commit or conspire to commit murder, kidnapping, criminal confinement, rape, child molesting, child exploitation or terrorism. (f)Real property owned by a person who has used it to commit a specified Level 1, Level 2, Level 3, Level 4 or Level 5 felony involving controlled substance offenses. (g)Equipment and recordings used by a person to commit credit card fraud in violation of I.C. § 35-43-5-4(10). Jeffersonville Police Department Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Asset Forfeiture - 346 (h)"Bootlegged" recordings sold, rented, transported, or possessed in violation of I.C. § 24-4-10-4. (i)Property or an enterprise that is the object of a corrupt business influence in violation of I.C. § 35-45-6-2. (j)Unlawful telecommunications devices and plans, instructions or publications used to commit an unauthorized use of telecommunications services (I.C. § 35-45-13-6; I.C. § 35-45-13-7). (k)Equipment, including computer equipment and cellular telephones, used for or intended for use in preparing, photographing, recording, videotaping, digitizing, printing, copying or disseminating matter in violation of specific sex crimes (I.C. § 35-42-4-1 et seq.). (l)Destructive devices used, possessed, transported or sold in violation of I.C. § 35-47.5-5-2. (m)Tobacco products that are sold or attempted to be sold in violation of I.C. § 24-3-5-0.1, et seq. (n)Property used by a person to commit counterfeiting or forgery (I.C. § 35-43-5-2). (o)Property used or intended to be used to commit, facilitate or promote the commission of a prescription drug offense or facilitate such an offense and where there has been a conviction (I.C. § 25-26-14-26(b)). (p)A vehicle operated by the owner or spouse of the owner while intoxicated or with suspended driving privileges after being convicted of two or more related offenses within the previous five years. (q)Real or personal property used or intended to be used to commit or derived from fraud related to funeral or cemetery services. (r)An automated sales suppression device or phantom-ware related to cash register fraud. (s)Real or personal property, including a vehicle, used or intended to be used to commit, facilitate or escape from a violation of human trafficking (I.C. § 35-42-3.5-1) or promoting prostitution (I.C. § 35-45-4-4). Seizure - The act of law enforcement officials taking property, cash or assets that have been used in connection with or acquired by specified illegal activities. 602.2 POLICY The Jeffersonville Police Department recognizes that appropriately applied forfeiture laws are helpful to enforce the law, deter crime and reduce the economic incentive of crime. However, the potential of revenue shall not be allowed to jeopardize the effective investigation and prosecution of criminal offenses, officer safety, the integrity of ongoing investigations or any person’s due process rights. It is the policy of the Jeffersonville Police Department that all members, including those assigned to internal or external law enforcement task force operations, shall comply with all state and federal laws pertaining to forfeitures. 602.3 ASSET SEIZURE The following property may be seized for forfeiture as provided in this policy: Jeffersonville Police Department Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Asset Forfeiture - 347 602.3.1 PROPERTY SUBJECT TO SEIZURE The following property may be seized upon review and approval of a supervisor and in conjunction with the forfeiture reviewer (I.C. § 34-24-1-2): (a)Property subject to seizure as identified in a court order (b)Property that is not identified in a court order when an officer has probable cause to believe there is a nexus between the property and the underlying offense and the seizure is incident to a lawful arrest, search or administrative inspection. Whenever practicable, obtaining a search warrant or court order for seizure prior to making a seizure is the preferred method. A large amount of money standing alone is insufficient to establish the probable cause required to make a seizure. 602.3.2 PROPERTY NOT SUBJECT TO SEIZURE The following property should not be seized for forfeiture: (a)Cash and property that does not meet the forfeiture counsel’s current minimum forfeiture thresholds. (b)Rental vehicles/equipment when there is not a preponderance of evidence to suspect the owner company was aware of any criminal use of the vehicles/equipment (I.C. § 34-24-1-1). (c)Property, when there is reason to suspect that the owner did not knowingly permit the property to be used in a way that subjects it to seizure (i.e., “innocent owner”) (I.C. § 34-24-1-1). 602.4 PROCESSING SEIZED PROPERTY FOR FORFEITURE PROCEEDINGS When property or cash subject to this policy is seized, the officer making the seizure should ensure compliance with the following: (a)Complete and submit all reporting documents within 48 hours of the seizure, if practicable. (b)Forwardany related reporting documents to the forfeiture reviewer within 24 hours of the seizure, if practicable. The officer will book seized property as evidence with the notation in the comment section of the property form, “Seized Subject to Forfeiture.” . Photographs should be taken of items seized, particularly cash, jewelry and other valuable items. Officers who suspect property may be subject to seizure but are not able to seize the property (e.g., the property is located elsewhere; the whereabouts of the property is unknown; it is real estate, bank accounts, non-tangible assets) should document and forward the information in the appropriate report to the forfeiture reviewer. Jeffersonville Police Department Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Asset Forfeiture - 348 602.5 MAINTAINING SEIZED PROPERTY The Property Room supervisor is responsible for ensuring compliance with the following: (a)All property received for forfeiture is reasonably secured and properly stored to prevent waste and preserve its condition. (b)All property received for forfeiture is checked to determine whether the property has been stolen. (c)All property received for forfeiture is retained in the same manner as evidence until forfeiture is finalized or the property is returned to the claimant or the person with an ownership interest. (d)Property received for forfeiture is not used unless the forfeiture action has been completed. (e)Forfeitable property is retained until such time as its use as evidence is no longer required. 602.6 FORFEITURE REVIEWER The Chief of Police will appoint a forfeiture reviewer. Prior to assuming duties, or as soon as practicable thereafter, the forfeiture reviewer should attend a course approved by the Department on asset forfeiture. The responsibilities of the forfeiture reviewer include: (a)Remaining familiar with forfeiture laws, particularly I.C. § 34-24-1-1 et seq., and the forfeiture policies of forfeiture counsel. (b)Serving as the liaison between the Department and the forfeiture body and ensuring prompt legal review of all seizures. (c)Making reasonable efforts to obtain annual training that includes best practices in pursuing, seizing and tracking forfeitures. (d)Reviewing each seizure-related case and deciding whether the seizure is more appropriately made under state or federal seizure laws. The forfeiture reviewer should contact federal authorities when appropriate. (e)Ensuring that responsibilities, including the designation of a fiscal agent, are clearly established whenever multiple agencies are cooperating in a forfeiture case. (f)Ensuring that seizure forms are available and appropriate for department use. These should include notice forms, a receipt form and a checklist that provides relevant guidance to officers. The forms should be available in languages appropriate for the region and should contain spaces for: 1.Names and contact information for all relevant persons and law enforcement officers involved. 2.Information as to how ownership or other property interests may have been determined (e.g., verbal claims of ownership, titles, public records). Jeffersonville Police Department Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Asset Forfeiture - 349 3.A space for the signature of the person from whom cash or property is being seized. 4.A tear-off portion or copy, which should be given to the person from whom cash or property is being seized, that includes the legal authority for the seizure, information regarding the process to contest the seizure and a detailed description of the items seized. (g)Ensuring that officers who may be involved in asset forfeiture receive training in the proper use of the seizure forms and the forfeiture process. The training should be developed in consultation with the appropriate legal counsel and may be accomplished through traditional classroom education, electronic media, Daily Training Bulletins (DTBs) or General Orders. The training should cover this policy and address any relevant statutory changes and court decisions. (h)Reviewing each asset forfeiture case to ensure that: 1.Written documentation of the seizure and the items seized is in the case file. 2.Independent legal review of the circumstances and propriety of the seizure is made in a timely manner. 3.Notice of seizure has been given in a timely manner to those who hold an interest in the seized property. 4.Property is promptly released to those entitled to its return. 5.All changes to forfeiture status are forwarded to any supervisor who initiates a forfeiture case. 6.Any cash received is deposited with the City's Finance Department. 7.Assistance with the resolution of ownership claims and the release of property to those entitled is provided. 8.Current minimum forfeiture thresholds are communicated appropriately to officers. 9.This policy and any related policies are periodically reviewed and updated to reflect current federal and state statutes and case law. (i)Ensuring that a written plan is available that enables the Chief of Police to address any extended absence of the forfeiture reviewer, thereby ensuring that contact information for other law enforcement personnel and attorneys who may assist in these matters is available. (j)Ensuring that the process of selling or adding forfeited property to Department inventory is in accordance with all applicable laws and consistent with the use and disposition of similar property. (k)Upon completion of any forfeiture process, ensuring that no property is retained by the Jeffersonville Police Department unless the Chief of Police authorizes in writing the retention of the property for official use. Jeffersonville Police Department Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Asset Forfeiture - 350 Forfeiture proceeds should be maintained in a separate fund or account subject to appropriate accounting control, with regular reviews or audits of all deposits and expenditures. Forfeiture reporting and expenditures should be completed in the manner prescribed by the law and City financial directives. 602.7 DISPOSITION OF FORFEITED PROPERTY Court orders may permit the Jeffersonville Police Department to use the forfeited property for up to three years and then be put up for public sale. No property shall be used in any way or kept longer than allowed by any associated court order (I.C. § 34-24-1-4). Federal forfeiture funds received by the Jeffersonville Police Department are required to be deposited in a non-reverting fund and expended only with proper approval (I.C. § 34-24-1-9). No member of this department may use property that has been seized for forfeiture until the forfeiture action has been completed and the Chief of Police has given written authorization to retain the property for official use. Policy 603 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Informants - 351 Informants 603.1 PURPOSE AND SCOPE This purpose of this policy is to provide guidelines for the use of informants. 603.1.1 DEFINITIONS Definitions related to this policy include: Informant - A person who covertly interacts with other individuals or suspects at the direction or request of, or by agreement with, the Jeffersonville Police Department for law enforcement purposes. This also includes a person agreeing to supply information to the Jeffersonville Police Department for a benefit (e.g., a quid pro quo in the form of a reduced criminal penalty, money). 603.2 POLICY The Jeffersonville Police Department recognizes the value of informants to law enforcement efforts and will strive to protect the integrity of the informant process. It is the policy of this department that all funds related to informant payments will be routinely audited and that payments to informants will be made according to the criteria outlined in this policy. 603.3 USE OF INFORMANTS 603.3.1 INITIAL APPROVAL Before using an individual as an informant, an officer must receive approval from his/her supervisor. The officer shall compile sufficient information through a background investigation and experience with the informant in order to determine the suitability of the individual, including age, maturity and risk of physical harm, as well as any indicators of his/her reliability and credibility. Members of this department should not guarantee absolute safety or confidentiality to an informant. 603.3.2 JUVENILE INFORMANTS The use of informants under the age of 13 is prohibited. In all cases, a juvenile 13 years of age or older may only be used as an informant with the written consent of each of the following: (a)The juvenile’s parents or legal guardians (b)The juvenile’s attorney, if any (c)The court in which the juvenile’s case is being handled, if applicable (d)The Chief of Police or the authorized designee Jeffersonville Police Department Policy Manual Informants Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Informants - 352 603.3.3 INFORMANT AGREEMENTS All informants are required to sign and abide by the provisions of the department informant agreement. The officer using the informant shall discuss each of the provisions of the agreement with the informant. Details of the agreement are to be approved in writing by a supervisor before being finalized with the informant. 603.4 INFORMANT INTEGRITY To maintain the integrity of the informant process, the following must be adhered to: (a)The identity of an informant acting in a confidential capacity shall not be withheld from the Chief of Police, Assistant Chief, Narcotics Section supervisor or their authorized designees. 1.Identities of informants acting in a confidential capacity shall otherwise be kept confidential. (b)Criminal activity by informants shall not be condoned. (c)Informants shall be told they are not acting as police officers, employees or agents of the Jeffersonville Police Department, and that they shall not represent themselves as such. (d)The relationship between department members and informants shall always be ethical and professional. 1.Members shall not become intimately involved with an informant. 2.Social contact shall be avoided unless it is necessary to conduct an official investigation, and only with prior approval of the Narcotics Section supervisor. 3.Members shall neither solicit nor accept gratuities or engage in any private business transaction with an informant. (e)In all instances when department funds are paid to informants, a voucher shall be completed in advance, itemizing the expenses. (f)Since the decision rests with the appropriate prosecutor, officers shall not promise that the informant will receive any form of leniency or immunity from criminal prosecution. 603.4.1 UNSUITABLE INFORMANTS The suitability of any informant should be considered before engaging him/her in any way in a covert or other investigative process. Members who become aware that an informant may be unsuitable will notify the supervisor, who will initiate a review to determine suitability. Until a determination has been made by a supervisor, the informant should not be used by any member. The supervisor shall determine whether the informant should be used by the Department and, if so, what conditions will be placed on his/her participation or any information the informant provides. The supervisor shall document the decision and conditions in file notes and mark the file “unsuitable” when appropriate. Considerations for determining whether an informant is unsuitable include, but are not limited to, the following: Jeffersonville Police Department Policy Manual Informants Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Informants - 353 (a)The informant has provided untruthful or unreliable information in the past. (b)The informant behaves in a way that may endanger the safety of an officer. (c)The informant reveals to suspects the identity of an officer or the existence of an investigation. (d)The informant appears to be using his/her affiliation with this department to further criminal objectives. (e)The informant creates officer-safety issues by providing information to multiple law enforcement agencies simultaneously, without prior notification and approval of each agency. (f)The informant engages in any other behavior that could jeopardize the safety of officers or the integrity of a criminal investigation. (g)The informant commits criminal acts subsequent to entering into an informant agreement. 603.5 INFORMANT FILES Informant files shall be utilized as a source of background information about the informant, to enable review and evaluation of information provided by the informant, and to minimize incidents that could be used to question the integrity of department members or the reliability of the informant. Informant files shall be maintained in a secure area within the Narcotics Section. The Narcotics Section supervisor or the authorized designee shall be responsible for maintaining informant files. Access to the informant files shall be restricted to the Chief of Police, Assistant Chief, Narcotics Section supervisor or their authorized designees. The Investigations/Operations Commander should arrange for an audit using a representative sample of randomly selected informant files on a periodic basis, but no less than one time per year. If the Narcotics Section supervisor is replaced, the files will be audited before the new supervisor takes over management of the files. The purpose of the audit is to ensure compliance with file content and updating provisions of this policy. The audit should be conducted by a supervisor who does not have normal access to the informant files. 603.5.1 FILE SYSTEM PROCEDURE A separate file shall be maintained on each informant and shall be coded with an assigned informant control number. An informant history that includes the following information shall be prepared for each file: (a)Name and aliases (b)Date of birth (c)Physical description: sex, race, height, weight, hair color, eye color, scars, tattoos or other distinguishing features (d)Photograph (e)Current home address and telephone numbers Jeffersonville Police Department Policy Manual Informants Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Informants - 354 (f)Current employers, positions, addresses and telephone numbers (g)Vehicles owned and registration information (h)Places frequented (i)Briefs of information provided by the informant and his/her subsequent reliability 1.If an informant is determined to be unsuitable, the informant's file is to be marked "unsuitable" and notations included detailing the issues that caused this classification. (j)Name of the officer initiating use of the informant (k)Signed informant agreement (l)Update on active or inactive status of informant 603.6 INFORMANT PAYMENTS No informant will be told in advance or given an exact amount or percentage for his/her service. The amount of funds to be paid to any informant will be evaluated against the following criteria: •The extent of the informant's personal involvement in the case •The significance, value or effect on crime •The value of assets seized •The quantity of the drugs or other contraband seized •The informant’s previous criminal activity •The level of risk taken by the informant 603.6.1 PAYMENT PROCESS Approved payment to an informant should be in cash using the following process: (a)Payments of $200 and under may be paid in cash from a Narcotics Section buy/expense fund. (b)Payments exceeding $200 shall be made with prior approval from the Investigations/ Operations Commander. (c)To complete the payment process for any amount, the officer delivering the payment shall complete a cash transfer form. 1.The cash transfer form shall include the following: (a)Date (b)Payment amount (c)Jeffersonville Police Department case number (d)Written statement that the informant is receiving funds in payment for information voluntarily rendered. 2.The cash transfer form shall be signed by the informant. Jeffersonville Police Department Policy Manual Informants Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Informants - 355 3.The cash transfer form will be kept in the informant's file. 603.6.2 REPORTING OF PAYMENTS Each informant receiving a cash payment shall be advised of his/her responsibility to report the cash to the Internal Revenue Service (IRS) as income. If funds distributed exceed $600 in any reporting year, the informant should be provided IRS Form 1099 (26 CFR 1.6041-1). If such documentation or reporting may reveal the identity of the informant and by doing so jeopardize any investigation, the safety of officers or the safety of the informant (26 CFR 1.6041-3), then IRS Form 1099 should not be issued. In such cases, the informant shall be provided a letter identifying the amount he/she must report on a tax return as “other income” and shall be required to provide a signed acknowledgement of receipt of the letter. The completed acknowledgement form and a copy of the letter shall be retained in the informant’s file. 603.6.3 AUDIT OF PAYMENTS The Narcotics Section supervisor or the authorized designee shall be responsible for compliance with any audit requirements associated with grant provisions and applicable state and federal law. At least once every six months, the Chief of Police or the authorized designee should conduct an audit of all informant funds for the purpose of accountability and security of the funds. The funds and related documents (e.g., petty cash records, cash transfer forms, invoices, receipts and logs) will assist with the audit process. Policy 604 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Eyewitness Identification - 356 Eyewitness Identification 604.1 PURPOSE AND SCOPE This policy sets forth guidelines to be used when members of this department employ eyewitness identification techniques. 604.1.1 DEFINITIONS Definitions related to this policy include: Eyewitness identification process - Any field identification, live lineup or photographic identification. Field identification - A live presentation of a single individual to a witness following the commission of a criminal offense for the purpose of identifying or eliminating the person as the suspect. Photographic lineup - Presentation of photographs to a witness for the purpose of identifying or eliminating an individual as the suspect. 604.2 POLICY The Jeffersonville Police Department will strive to use eyewitness identification techniques, when appropriate, to enhance the investigative process and will emphasize identifying persons responsible for crime and exonerating the innocent. 604.3 INTERPRETIVE SERVICES Members should make a reasonable effort to arrange for an interpreter before proceeding with eyewitness identification if communication with a witness is impeded due to language or hearing barriers. Before the interpreter is permitted to discuss any matter with the witness, the investigating member should explain the identification process to the interpreter. Once it is determined that the interpreter comprehends the process and can explain it to the witness, the eyewitness identification may proceed as provided for within this policy. 604.4 EYEWITNESS IDENTIFICATION FORM The Detective Division supervisor shall be responsible for the development and maintenance of an eyewitness identification process for use by members when they are conducting eyewitness identifications. The process and any related forms or reports should provide: (a)The date, time and location of the eyewitness identification procedure. (b)The name and identifying information of the witness. Jeffersonville Police Department Policy Manual Eyewitness Identification Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Eyewitness Identification - 357 (c)The name of the person administering the identification procedure. (d)If applicable, the names of all individuals present during the identification procedure. (e)An instruction to the witness that it is as important to exclude innocent persons as it is to identify a perpetrator. (f)An instruction to the witness that the investigation will continue regardless of whether an identification is made by the witness. (g)A signature line where the witness acknowledges that he/she understands the identification procedures and instructions. The process and related forms should be reviewed at least annually and modified when necessary. 604.5 EYEWITNESS IDENTIFICATION Members are cautioned not to, in any way, influence a witness as to whether any subject or photo presented in a lineup is in any way connected to the case. Members should avoid mentioning that: •The individual was apprehended near the crime scene. •The evidence points to the individual as the suspect. •Other witnesses have identified or failed to identify the individual as the suspect. In order to avoid undue influence, witnesses should view suspects or a lineup individually and outside the presence of other witnesses. Witnesses should be instructed to avoid discussing details of the incident or of the identification process with other witnesses. 604.6 PHOTOGRAPHIC LINEUP AND LIVE LINEUP CONSIDERATIONS When practicable, the member composing the lineup and the member presenting the lineup should not be directly involved in the investigation of the case. When this is not possible, the member presenting the lineup must take the utmost care not to communicate the identity of the suspect in any way. When practicable, the member presenting a lineup to a witness should not know which photograph or person is the suspect. The member presenting the lineup should do so sequentially or simultaneously. The witness should view all persons in the lineup. The order of the suspect or the photos and the fillers should be randomized before being presented to each witness. A live lineup should only be used before criminal proceedings have been initiated against the suspect. If there is any question as to whether any criminal proceedings have begun, the investigating member should contact the appropriate prosecuting attorney before proceeding. Jeffersonville Police Department Policy Manual Eyewitness Identification Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Eyewitness Identification - 358 604.7 FIELD IDENTIFICATION CONSIDERATIONS Field identifications, also known as field elimination show-ups or one-on-one identifications, may be helpful in certain cases, where exigent circumstances make it impracticable to conduct a photo or live lineup identification. A field elimination show-up or one-on-one identification should not be used when independent probable cause exists to arrest a suspect. In such cases a live or photo lineup is the preferred course of action if eyewitness identification is contemplated. When initiating a field identification, the member should observe the following guidelines: (a)Obtain a complete description of the suspect from the witness. (b)Assess whether a witness should be included in a field identification process by considering: 1.The length of time the witness observed the suspect. 2.The distance between the witness and the suspect. 3.Whether the witness could view the suspect’s face. 4.The quality of the lighting when the suspect was observed by the witness. 5.Whether there were distracting noises or activity during the observation. 6.Any other circumstances affecting the witness’s opportunity to observe the suspect. 7.The length of time that has elapsed since the witness observed the suspect. (c)If safe and practicable, the person who is the subject of the show-up should not be handcuffed or in a patrol vehicle. (d)When feasible, members should bring the witness to the location of the subject of the show- up, rather than bring the subject of the show-up to the witness. (e)The person who is the subject of the show-up should not be shown to the same witness more than once. (f)In cases involving multiple suspects, witnesses should only be permitted to view the subjects of the show-up one at a time. (g)The person who is the subject of the show-up should not be required to put on clothing worn by the suspect, to speak words uttered by the suspect or to perform other actions mimicking those of the suspect. (h)If a witness positively identifies a subject of a show-up as the suspect, members should not conduct any further field identifications with other witnesses for that suspect. In such instances members should document the contact information for any additional witnesses for follow-up, if necessary. Jeffersonville Police Department Policy Manual Eyewitness Identification Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Eyewitness Identification - 359 604.8 DOCUMENTATION A thorough description of the eyewitness process and the result of any eyewitness identification should be documented in the case report. Witness comments of how certain he/she is of the identification or non-identification should be quoted in the report. If a photographic lineup is utilized, a copy of the photographic lineup presented to the witness should be included in the case report. In addition, the order in which the photographs were presented to the witness should be documented in the case report. Policy 605 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Brady Information - 360 Brady Information 605.1 PURPOSE AND SCOPE This policy establishes guidelines for identifying and releasing potentially exculpatory or impeachment information (so-called “Brady information”) to a prosecuting attorney. 605.1.1 DEFINITIONS Definitions related to this policy include: Brady information - Information known or possessed by the Jeffersonville Police Department that is both favorable and material to the current prosecution or defense of a criminal defendant. Truthfulness/Untruthfulness - Members are required to be honest and truthful in all matters related to their scope of employment and operations of the department. Untruthfulness is prohibited and may warrant termination. Untruthfulness is conduct that is intentional, malicious and/or deceptive conduct that takes one (1) of three (3) forms: •An intentional deceptive action in a formal setting, such as testifying in court or in front of another official governmental body, during an internal investigation, during an investigation initiated by a commanding officer or the submission of deceptive documents. •The intentional failure to bring forward information involving criminal action by other members or the intentional failure to bring forward information involving the administrative misconduct of other members. •The creation of false evidence that could implicate another in a criminal act or administrative misconduct. This policy does not prohibit the use of deception, as appropriate, in a criminal investigation. 605.2 POLICY The Jeffersonville Police Department will conduct fair and impartial criminal investigations and will provide the prosecution with both incriminating and exculpatory evidence, as well as information that may adversely affect the credibility of a witness. In addition to reporting all evidence of guilt, the Jeffersonville Police Department will assist the prosecution by complying with its obligation to disclose information that is both favorable and material to the defense. The Department will identify and disclose to the prosecution potentially exculpatory information, as provided in this policy. 605.3 DISCLOSURE OF INVESTIGATIVE INFORMATION Officers must include in their investigative reports adequate investigative information and reference to all material evidence and facts that are reasonably believed to be either incriminating or exculpatory to any individual in the case. If an officer learns of potentially incriminating or exculpatory information any time after submission of a case, the officer or the handling investigator must prepare and submit a supplemental report documenting such information as soon as practicable. Supplemental reports shall be promptly processed and transmitted to the prosecutor’s office. Jeffersonville Police Department Policy Manual Brady Information Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Brady Information - 361 If information is believed to be privileged or confidential (e.g., informant or protected personnel files), the officer should discuss the matter with a supervisor and/or prosecutor to determine the appropriate manner in which to proceed. Evidence or facts are considered material if there is a reasonable probability that they would affect the outcome of a criminal proceeding or trial. Determining whether evidence or facts are material often requires legal or even judicial review. If an officer is unsure, the officer should address the issue with a supervisor. Supervisors who are uncertain about whether evidence or facts are material should address the issue in a written memo (email) to an appropriate prosecutor. 605.4 BRADY PROCESS The Chief of Police, or his designee, is responsible for coordinating requests for Brady information. This person shall have the following responsibilities: (a)Working with the appropriate prosecutors’ offices to ensure all officers are compliant with the policy and proceedures set forth herein. (b)Notify officers of "Brady information" that is placed in their file. 605.5 OFFICER NOTIFICATION OF BRADY INFORMATION Upon validation of this procedure, if and when an officer has potential Brady information in his/ her file, the officer will receive a written letter from the Chief of Police notifying the officer of this information. The letter shall make reference to the internal investigation which proves the officer engaged in criminal conduct, has issues of prejudice or bias, or issues of untruthfulness as it pertains to the scope of their employement with the Jeffersonville Police Department, the punishments received, as well as a signature from the Chief of Police validating the letter. The letter shall be sent within seven (7) days of the investigation's completion. This letter shall also be signed by the officer, confirming the receipt of the letter (not an admission of guilt). A copy of the letter shall be left with the officer and the original shall be placed in the officer's file. 605.6 DISCLOSURE OF REQUESTED INFORMATION If Brady information is located, the following procedure shall apply : (a)Upon filing paperwork with the Prosecutor'sOffice, any officer with Brady information contained in their file shall contact the appropriate deputy prosecuting attorney, via a written memo (email), to include the chief prosecuting attorney within twenty-four (24) hours of filing the paperwork. This written memo shall notify the Prosecuting Attorney of the internal case number associated with the case that was filed, the defendant's name, and that there is potential Brady information in the officer's file. (b)If it is determined by the Prosecutor the information in the officer's file is pertinent to the officer's testimony, a motion to file an in camera review of the information by the court should be requested. The Chief of Police, or his designee, shall accompany all relevant personnel Jeffersonville Police Department Policy Manual Brady Information Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Brady Information - 362 files during any in camera inspection and address any issues or questions raised by the court in determining whether any information contained in the files is both material and favorable to the criminal defendant. (c)If the court determines there is relevant Brady information contained in the files, only that information ordered released will be copied and released to the parties filing the motion. 1.Prior to the release of any information pursuant to this process, a protective order should be requested from the court limiting the use of such information to the involved case and requiring the return of all copies upon completion of the case. (d)If a court has determined that relevant Brady information is contained in a officer’s file in any case, the Prosecutor should be notified of that fact in all future cases involving that member. 605.7 INVESTIGATING BRADY ISSUES If the Department receives information from any source that a member may have engaged in criminal conduct, issues of prejudice or bias, or issues of untruthfulness as it pertains to the scope of their employment with the Jeffersonville Police Department, the information shall be investigated and processed in accordance with the Personnel Complaints Policy. 605.8 TRAINING Department personnel should receive periodic training on the requirements of this policy. Policy 606 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Warrant Service - 363 Warrant Service 606.1 PURPOSE AND SCOPE This policy establishes guidelines for the planning and serving of arrest and search warrants by members of this department. It is understood that this policy cannot address every variable or circumstance that can arise in the service of a search or arrest warrant, as these tasks can involve rapidly evolving and unique circumstances. This policy is intended to be used in conjunction with the Operations Planning and Deconfliction Policy, which has additional guidance on planning and serving high-risk warrants. This policy is not intended to address the service of search warrants on locations or property already secured or routine field warrant arrests by patrol officers. 606.2 POLICY It is the policy of the Jeffersonville Police Department to balance the safety needs of the public, the safety of department members, privacy interests and other relevant factors when making decisions related to the service of search and arrest warrants. 606.3 OPERATIONS COMMANDER The operations commander (see the Operations Planning and Deconfliction Policy) shall review all risk assessment forms with the involved supervisor to determine the risk level of the warrant service. The operations commander will also have the responsibility to coordinate service of those warrants that are categorized as high risk. Deconfliction, risk assessment, operational planning, briefing and debriefing should follow guidelines in the Operations Planning and Deconfliction Policy. 606.4 SEARCH WARRANTS Officers should receive authorization from a supervisor before preparing a search warrant application. Once authorization is received, the officer will prepare the affidavit and search warrant, consulting with the applicable prosecuting attorney as needed. He/she will also complete the risk assessment form and submit it, along with the warrant affidavit, to the appropriate supervisor and the operations director for review and classification of risk (see the Operations Planning and Deconfliction Policy). 606.5 ARREST WARRANTS If an officer reasonably believes that serving an arrest warrant may pose a higher risk than commonly faced on a daily basis, the officer should complete the risk assessment form and submit it to the appropriate supervisor and the operations commander for review and classification of risk (see the Operations Planning and Deconfliction Policy). Jeffersonville Police Department Policy Manual Warrant Service Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Warrant Service - 364 If the warrant is classified as high risk, service will be coordinated by the operations commander. If the warrant is not classified as high risk, the supervisor should weigh the risk of entry into a residence to make an arrest against other alternatives, such as arresting the person outside the residence where circumstances may pose a lower risk. 606.6 WARRANT PREPARATION An officer who prepares a warrant should ensure the documentation in support of the warrant contains as applicable: (a)Probable cause to support the search or arrest, including relevant dates and times to demonstrate timeliness and facts to support any request for nighttime or no-knock warrant execution. (b)A clear explanation of the affiant’s training, experience and relevant education. (c)Adequately supported opinions, when relevant, that are not left to unsubstantiated conclusions. (d)A nexus between the place to be searched and the persons or items central to the investigation. The facts supporting this nexus should be clear and current. For example, the affidavit shall explain why there is probable cause to believe that a particular person is currently residing at a particular location or that the items sought are present at a particular location. (e)Full disclosure of known or suspected residents at the involved location and any indication of separate living spaces at the involved location. For example, it should be disclosed that several people may be renting bedrooms at a single location, even if the exact location of the rooms is not known. (f)A specific description of the location to be searched, including photographs of the location, if reasonably available. (g)A sufficient description of the items to be seized. (h)Full disclosure of any known exculpatory information relevant to the warrant application (refer to the Brady Information Policy). 606.7 HIGH-RISK WARRANT SERVICE The Operations Commander or designee shall coordinate the service of warrants that are categorized as high risk and shall have authority in determining the manner in which the warrant will be served, including the number of officers deployed. The member responsible for directing the service should ensure the following as applicable: (a)When practicable and when doing so does not cause unreasonable risk, video or photographic documentation is made of the condition of the location prior to execution of a search warrant. The images should include the surrounding area and persons present. (b)The warrant service is audio- and video-recorded when practicable and reasonable to do so. Jeffersonville Police Department Policy Manual Warrant Service Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Warrant Service - 365 (c)Evidence is handled and collected only by those members who are designated to do so. All other members involved in the service of the warrant should alert one of the designated members to the presence of potential evidence and not touch or disturb the items. (d)Reasonable efforts are made during the search to maintain or restore the condition of the location. (e)Persons who are detained as part of the warrant service are handled appropriately under the circumstances. (f)Reasonable care provisions are made for children and dependent adults (see the Child and Dependent Adult Safety Policy). (g)A list is made of all items seized and a copy provided to the person in charge of the premises if present or otherwise left in a conspicuous place. (h)A copy of the search warrant is left at the location. (i)The condition of the property is documented with video recording or photographs after the search. 606.8 DETENTIONS DURING WARRANT SERVICE Officers must be sensitive to the safety risks of all persons involved with the service of a warrant. Depending on circumstances and facts present, it may be appropriate to control movements of any or all persons present at a warrant service, including those who may not be the subject of a warrant or suspected in the case. However, officers must be mindful that only reasonable force may be used and weapons should be displayed no longer than the officer reasonably believes is necessary (see the Use of Force Policy). As soon as it can be determined that an individual is not subject to the scope of a warrant and that no further reasonable suspicion or safety concerns exist to justify further detention, the person should be promptly released. Officers should, when and to the extent reasonable, accommodate the privacy and personal needs of people who have been detained. 606.9 ACTIONS AFTER WARRANT SERVICE The supervisor shall ensure that all affidavits, warrants, receipts and returns, regardless of any associated cases, are filed with the issuing judge or magistrate as soon as reasonably possible, but in any event no later than any date specified on the warrant. 606.10 OTHER AGENCIES AND CROSS-JURISDICTIONAL WARRANTS The Operations Commander will ensure that cooperative efforts with other agencies in the service of warrants conform to existing mutual aid agreements or other memorandums of understanding and will work cooperatively to mitigate risks including, but not limited to, the following: •Identity of team members •Roles and responsibilities Jeffersonville Police Department Policy Manual Warrant Service Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Warrant Service - 366 •Familiarity with equipment •Rules of engagement •Asset forfeiture procedures Any outside agency requesting assistance in the service of a warrant within this jurisdiction should be referred to the Operations Commander. The Commander should review and confirm the warrant, including the warrant location, and should discuss the service with the appropriate supervisor from the other agency. The commander should ensure that members of the Jeffersonville Police Department are utilized appropriately. Any concerns regarding the requested use of Jeffersonville Police Department members should be brought to the attention of the Chief of Police or the authorized designee. The actual service of the warrant will remain the responsibility of the agency requesting assistance. If practicable the requesting agency should have a risk assesment or operations plan in place prior to patcitipation of officers. If the Operations Commander is unavailable, the Uniform Patrol Commander should assume this role. If officers intend to serve a warrant outside Jeffersonville Police Department jurisdiction, the Operations Commander should provide reasonable advance notice to the applicable agency, request assistance as needed and work cooperatively on operational planning and the mitigation of risks detailed in this policy. Officers will remain subject to the policies of the Jeffersonville Police Department when assisting outside agencies or serving a warrant outside Jeffersonville Police Department jurisdiction. 606.11 MEDIA ACCESS No advance information regarding warrant service operations shall be released without the approval of the Chief of Police. Any media inquiries or press release after the fact shall be handled in accordance with the Media Relations Policy. 606.12 TRAINING The Training Commander should ensure officers receive periodic training on this policy and associated topics, such as legal issues, warrant preparation, warrant service and reporting requirements. Policy 607 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Operations Planning and Deconfliction - 367 Operations Planning and Deconfliction 607.1 PURPOSE AND SCOPE This policy provides guidelines for planning, deconfliction and execution of high-risk operations. Additional guidance on planning and serving high-risk warrants is provided in the Policy. 607.1.1 DEFINITIONS Definitions related to this policy include: High-risk operations - Operations, including service of search and arrest warrants and sting operations, that are likely to present higher risks than are commonly faced by officers on a daily basis, including suspected fortified locations, reasonable risk of violence or confrontation with multiple persons, or reason to suspect that persons anticipate the operation. 607.2 POLICY It is the policy of the Jeffersonville Police Department to properly plan and carry out high- risk operations, including participation in a regional deconfliction system, in order to provide coordination, enhance the safety of members and the public, decrease the risk of compromising investigations and prevent duplicating efforts. 607.3 OPERATIONS COMMANDER The Chief of Police will designate a member of this department to be the Operations Commander. The Operations Commander will develop and maintain a risk assessment form to assess, plan and coordinate operations. This form should provide a process to identify high-risk operations. The Operations Commander will review risk assessment forms with involved supervisors to determine whether a particular incident qualifies as a high-risk operation. The director will also have the responsibility for coordinating operations that are categorized as high risk. 607.4 RISK ASSESSMENT 607.4.1 RISK ASSESSMENT FORM PREPARATION Officers assigned as operational leads for any operation that may qualify as a high-risk operation shall complete a risk assessment form. When preparing the form, the officer should query all relevant and reasonably available intelligence resources for information about the subject of investigation, others who may be present and the involved location. These sources may include regional intelligence and criminal justice databases, target deconfliction systems, firearm records, commercial databases and property records. Where appropriate, the officer should also submit information to these resources. The officer should gather available information that includes, but is not limited to: Jeffersonville Police Department Policy Manual Operations Planning and Deconfliction Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Operations Planning and Deconfliction - 368 (a)Photographs, including aerial photographs, if available, of the involved location, neighboring yards and obstacles. (b)Maps of the location. (c)Diagrams of any property and the interior of any buildings that are involved. (d)Historical information about the subject of investigation (e.g., history of weapon possession or use, known mental illness, known drug use, threats against police, gang affiliation, criminal history). (e)Historical information about others who may be present at the location (e.g., other criminals, innocent third parties, dependent adults, children, animals). (f)Obstacles associated with the location (e.g., fortification, booby traps, reinforced doors/ windows, surveillance measures, number and type of buildings, geographic and perimeter barriers, the number and types of weapons likely to be present, information that suggests the presence of explosives, chemicals or other hazardous materials, the potential for multiple dwellings or living spaces, availability of keys/door combinations). (g)Other environmental factors (e.g., nearby venues such as schools and day care centers, proximity of adjacent homes or other occupied buildings, anticipated pedestrian and vehicle traffic at the time of service). (h)Other available options that may minimize the risk to officers and others (e.g., making an off-site arrest or detention of the subject of investigation). 607.4.2 RISK ASSESSMENT REVIEW Officers will present the risk assessment form and other relevant documents (such as copies of search warrants and affidavits and arrest warrants) to their supervisor and the operations commander. The supervisor and Operations Commander shall confer and determine the level of risk. Supervisors should take reasonable actions if there is a change in circumstances that elevates the risks associated with the operation. 607.4.3 HIGH-RISK OPERATIONS If the Operations Commander, after consultation with the involved supervisor, determines that the operation is high risk, the operations commander should: (a)Determine what resources will be needed at the location, and contact and/or place on standby any of the following appropriate and available resources: 1.Special Weapons and Tactics Team (SWAT) 2.Additional personnel 3.Outside agency assistance 4.Special equipment 5.Medical personnel 6.Persons trained in negotiation Jeffersonville Police Department Policy Manual Operations Planning and Deconfliction Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Operations Planning and Deconfliction - 369 7.Additional surveillance 8.Canines 9.Property Room or analytical personnel to assist with cataloguing seizures 10.Forensic specialists 11.Specialized mapping for larger or complex locations (b)Contact the appropriate department members or other agencies as warranted to begin preparation. (c)Ensure that all legal documents such as search warrants are complete and have any modifications reasonably necessary to support the operation. (d)Coordinate the actual operation. 607.5 DECONFLICTION Deconfliction systems are designed to identify persons and locations associated with investigations or law enforcement operations and alert participating agencies when others are planning or conducting operations in close proximity or time or are investigating the same individuals, groups or locations. The officer who is the operations lead shall ensure the subject of investigation and operations information have been entered in an applicable deconfliction system to determine if there is reported conflicting activity. This should occur as early in the process as practicable, but no later than two hours prior to the commencement of the operation. The officer should also enter relevant updated information when it is received. If any conflict is discovered, the supervisor will contact the involved jurisdiction and resolve the potential conflict before proceeding. 607.6 OPERATIONS PLAN The Operations Commander should ensure that a written operations plan is developed for all high-risk operations. Plans should also be considered for other operations that would benefit from having a formal plan. The plan should address such issues as: (a)Operation goals, objectives and strategies. (b)Operation location and people: 1.The subject of investigation (e.g., history of weapon possession/use, known mental illness issues, known drug use, threats against police, gang affiliation, criminal history) 2.The location (e.g., fortification, booby traps, reinforced doors/windows, surveillance cameras and/or lookouts, number/type of buildings, geographic and perimeter barriers, the number and types of weapons likely to be present, information that suggests the presence of explosives, chemicals or other hazardous materials, Jeffersonville Police Department Policy Manual Operations Planning and Deconfliction Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Operations Planning and Deconfliction - 370 the potential for multiple dwellings or living spaces, availability of keys/door combinations), including aerial photos, if available, and maps of neighboring yards and obstacles, diagrams and other visual aids 3.Other environmental factors (e.g., nearby venues such as schools and day care centers, proximity of adjacent homes or other occupied buildings, anticipated pedestrian and vehicle traffic at the time of service) 4.Identification of other people who may be present in or around the operation, such as other criminal suspects, innocent third parties and children (c)Information from the risk assessment form by attaching a completed copy in the operational plan. 1.The volume or complexity of the information may indicate that the plan includes a synopsis of the information contained on the risk assessment form to ensure clarity and highlighting of critical information. (d)Participants and their roles. 1.An adequate number of uniformed officers should be included in the operation team to provide reasonable notice of a legitimate law enforcement operation. 2.How all participants will be identified as law enforcement. (e)Whether deconfliction submissions are current and all involved individuals, groups and locations have been deconflicted to the extent reasonably practicable. (f)Identification of all communications channels and call-signs. (g)Use of force issues. (h)Contingencies for handling medical emergencies (e.g., services available at the location, closest hospital, closest trauma center). (i)Plans for detaining people who are not under arrest. (j)Contingencies for handling children, dependent adults, animals and other people who might be at the location in accordance with the Child Abuse, Adult Abuse, Child and Dependent Adult Safety and Animal Control policies. (k)Communications plan (l)Responsibilities for writing, collecting, reviewing and approving reports. 607.6.1 OPERATIONS PLAN RETENTION Since the operations plan contains intelligence information and descriptions of law enforcement tactics, it shall not be filed with the report. The operations plan shall be stored separately and retained in accordance with the established records retention schedule. 607.7 OPERATIONS BRIEFING A briefing should be held prior to the commencement of any high-risk operation to allow all participants to understand the operation, see and identify each other, identify roles and responsibilities and ask questions or seek clarification as needed. Anyone who is not present at the briefing should not respond to the operation location without specific supervisory approval. Jeffersonville Police Department Policy Manual Operations Planning and Deconfliction Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Operations Planning and Deconfliction - 371 (a)The briefing should include a verbal review of plan elements, using visual aids, to enhance the participants’ understanding of the operations plan. (b)All participants should be provided a copy of the operations plan and search warrant, if applicable. Participating personnel should be directed to read the search warrant and initial a copy that is retained with the operation plan. Any items to be seized should be identified at the briefing. (c)The operations commander shall ensure that all participants are visually identifiable as law enforcement officers. 1.Exceptions may be made by the operations commander for officers who are conducting surveillance or working under cover. However, those members exempt from visual identification should be able to transition to a visible law enforcement indicator at the time of enforcement actions, such as entries or arrests, if necessary. (d)The briefing should include details of the communications plan. 1.It is the responsibility of the Operations Commander to ensure that Central Alarm is notified of the time and location of the operation, and to provide a copy of the operation plan prior to officers arriving at the location. 2.If the radio channel needs to be monitored by Central Alarm, the dispatcher assigned to monitor the operation should attend the briefing, if practicable, but at a minimum should receive a copy of the operation plan. 3.The briefing should include a communications check to ensure that all participants are able to communicate with the available equipment on the designated radio channel. 607.8 SWAT PARTICIPATION If the Operations Commander determines that SWAT participation is appropriate, the commander and the SWAT supervisor shall work together to develop a written plan. The SWAT supervisor shall assume operational control until all persons at the scene are appropriately detained and it is safe to begin a search. When this occurs, the SWAT supervisor shall transfer control of the scene to the handling supervisor. This transfer should be communicated to the officers present. 607.9 MEDIA ACCESS No advance information regarding planned operations shall be released without the approval of the Chief of Police. Any media inquiries or press release after the fact shall be handled in accordance with the Media Relations Policy. 607.10 OPERATIONS DEBRIEFING High-risk operations should be debriefed as soon as reasonably practicable. The debriefing should include as many participants as possible. This debrief may be separate from any SWAT debriefing. Jeffersonville Police Department Policy Manual Operations Planning and Deconfliction Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Operations Planning and Deconfliction - 372 607.11 TRAINING The Training Commander should ensure officers and SWAT team members who participate in operations subject to this policy receive periodic training including, but not limited to, topics such as legal issues, deconfliction practices, operations planning concepts and reporting requirements. Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Equipment - 373 Chapter 7 - Equipment Policy 700 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Department-Owned and Personal Property - 374 Department-Owned and Personal Property 700.1 PURPOSE AND SCOPE This policy addresses the care of department-owned property and the role of the Department when personal property or department-owned property is damaged or lost. 700.2 POLICY Members of the Jeffersonville Police Department shall properly care for department property assigned or entrusted to them. Department-owned property that becomes damaged shall be promptly replaced. Members’ personal property that becomes damaged during the performance of assigned duties will be reimbursed in accordance with this policy. 700.3 DEPARTMENT-ISSUED PROPERTY All property and equipment issued by the Department shall be documented in the appropriate property sheet or equipment log. Receipt of issued items shall be acknowledged by the receiving member’s signature. Upon separation from the Department, all issued property and equipment shall be returned. Documentation of the return shall be acknowledged by the signature of a supervisor. 700.3.1 CARE OF PROPERTY Members shall be responsible for the safekeeping, serviceable condition, proper care, proper use and replacement of department property that has been assigned or entrusted to them. Intentional or negligent abuse or misuse of department property may lead to discipline including, but not limited to, the cost of repair or replacement. (a)Members shall promptly report, through their chain of command, any loss, damage to, or unserviceable condition of any department-issued property or equipment. 1.A supervisor receiving such a report shall conduct an investigation and direct a memo to the appropriate Assistant Chief, which shall include the result of the investigation and whether misconduct or negligence caused the loss, damage or unserviceable condition. 2.A review by command staff should determine whether additional action is appropriate. (b)The use of damaged or unserviceable property should be discontinued as soon as practicable, and the item replaced with a comparable item as soon as available and following notice to a supervisor. (c)Except when otherwise directed by competent authority or otherwise reasonable by circumstances, department property shall only be used by those to whom it was assigned. Use should be limited to official purposes and in the capacity for which it was designed. Jeffersonville Police Department Policy Manual Department-Owned and Personal Property Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Department-Owned and Personal Property - 375 (d)Department property shall not be thrown away, sold, traded, donated, destroyed or otherwise disposed of without proper authority. (e)A supervisor’s approval is required before any attempt to repair damaged or unserviceable property is made by a member. 700.4 PERSONAL PROPERTY Carrying and/or using personal property or equipment on-duty requires prior written approval by the Chief of Police or appropriate Assistant Chief. The member should submit a request that includes a description of the property and the reason and length of time it will be used. Personal property of the type routinely carried by persons who are not performing law enforcement duties, and that is not a weapon, is excluded from this requirement. The Department will not replace or repair costly items (e.g., jewelry, expensive watches, exotic equipment) that are not reasonably required as part of work. 700.4.1 FILING CLAIMS FOR PERSONAL PROPERTY Claims for reimbursement for damage to, or loss of, personal property must be made on the proper form. This form is submitted to the member's immediate supervisor. The supervisor may require a separate written report. The supervisor receiving such a report shall investigate and direct a memo to the appropriate Assistant Chief, which shall include the result of the investigation and whether reasonable care was taken to prevent the loss, damage or unserviceable condition. Upon review by command staff and a finding that no misconduct or negligence was involved, repair or replacement may be recommended by the Chief of Police, who will then forward the claim to the City department responsible for issuing payments. 700.5 DAMAGE TO PROPERTY OF ANOTHER PERSON Anyone who intentionally or unintentionally damages or causes to be damaged the real or personal property of another person while performing any law enforcement function shall promptly report the damage through their chain of command. The supervisor receiving such a report shall conduct an investigation and direct a memo to the appropriate Assistant Chief, which shall include the result of the investigation and whether reasonable care was taken to prevent the loss, damage or unserviceable condition. A review of the incident by command staff to determine whether misconduct or negligence was involved should be completed. 700.5.1 DAMAGE BY PERSONNEL OF ANOTHER AGENCY Personnel from another agency may intentionally or unintentionally cause damage to the real or personal property of the City of Jeffersonville or of another person while performing their duties within the jurisdiction of this department. It shall be the responsibility of the department member present or the member responsible for the property to report the damage as follows: Jeffersonville Police Department Policy Manual Department-Owned and Personal Property Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Department-Owned and Personal Property - 376 (a)A verbal report shall be made to the member’s immediate supervisor as soon as circumstances permit. (b)A written report shall be submitted before the member goes off-duty or as otherwise directed by the supervisor. The supervisor receiving such a report shall conduct an investigation and direct a memo to the appropriate Assistant Chief, which shall include the result of the investigation and whether misconduct or negligence caused the loss, damage or unserviceable condition. Policy 701 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Personal Communication Devices - 377 Personal Communication Devices 701.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the use of mobile telephones and communication devices, whether issued or funded by the Department or personally owned, while on-duty or when used for authorized work-related purposes. This policy generically refers to all such devices as Personal Communication Devices (PCDs) but is intended to include all mobile telephones, personal digital assistants (PDAs), wireless capable tablets and similar wireless two-way communications and/or portable Internet access devices. PCD use includes, but is not limited to, placing and receiving calls, text messaging, blogging and microblogging, emailing, using video or camera features, playing games and accessing sites or services on the Internet. 701.2 POLICY The Jeffersonville Police Department allows members to utilize department-issued or funded PCDs and to possess personally owned PCDs in the workplace, subject to certain limitations. Any department PCD used while on-duty, or used off-duty in any manner reasonably related to the business of the Department, may be subject to monitoring and inspection consistent with the standards set forth in this policy. The inappropriate use of a PCD while on-duty may impair officer safety. Additionally, members are advised and cautioned that the use of a personally owned PCD either on-duty or after duty hours for business-related purposes may subject the member and the member’s PCD records to civil or criminal discovery or disclosure under the Indiana Access to Public Records Act. Members who have questions regarding the application of this policy or the guidelines contained herein are encouraged to seek clarification from supervisory staff. 701.3 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to any communication accessed, transmitted, received or reviewed on any PCD issued or funded by the Department and shall have no expectation of privacy in their location should the device be equipped with location detection capabilities (see the Information Technology Use Policy for additional guidance). 701.4 DEPARTMENT-ISSUED PCD Depending on a member’s assignment and the needs of the position, the Department may, at its discretion, issue or fund a PCD for the member’s use to facilitate on-duty performance. Department-issued or funded PCDs may not be used for personal business either on- or off- duty unless authorized by the Chief of Police or the authorized designee. Such devices and the associated telephone number, if any, shall remain the sole property of the Department and shall be subject to inspection or monitoring (including all related records and content) at any time without notice and without cause. Jeffersonville Police Department Policy Manual Personal Communication Devices Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Personal Communication Devices - 378 701.5 PERSONALLY OWNED PCD Members may carry a personally owned PCD while on-duty, subject to the following conditions and limitations: (a)Permission to carry a personally owned PCD may be revoked if it is used contrary to provisions of this policy. Example: Device impairs ability of the member to drive or perform duties effectively. (b)The Department accepts no responsibility for loss of or damage to a personally owned PCD. (c)The PCD and any associated services shall be purchased, used and maintained solely at the member’s expense. (d)The device should not be used for work-related purposes except when circumstances prevent the availability of other forms of communication (e.g., unavailability of radio communications). 1.Members may use personally owned PCDs on-duty for routine administrative work as authorized by the Chief of Police. (e)The device shall not be utilized to record or disclose any department business-related information, including photographs, video or the recording or transmittal of any information or material obtained or made accessible as a result of employment or appointment with the Department, without the express authorization of the Chief of Police or the authorized designee. (f)All work-related documents, e-mails, photographs, recordings or other public records created or received on a member’s personally owned PCD should be transferred to the Jeffersonville Police Department and deleted from the member’s PCD as soon as reasonably practicable but no later than the end of the member’s shift. 701.6 USE OF PCD The following protocols shall apply to all PCDs that are carried while on-duty or used to conduct department business: (a)A PCD shall not be carried in a manner that allows it to be visible while in uniform, unless it is in an approved carrier. (b)All PCDs in the workplace shall be set to silent or vibrate mode. (c)A PCD may not be used to conduct personal business while on-duty, except for brief personal communications (e.g., informing family of extended hours). Members shall endeavor to limit their use of PCDs to authorized break times, unless an emergency exists. (d)Members may use a PCD to communicate with other personnel in situations where the use of radio communications is either impracticable or not feasible. PCDs should not be used as a substitute for, as a way to avoid, or in lieu of regular radio communications. Jeffersonville Police Department Policy Manual Personal Communication Devices Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Personal Communication Devices - 379 (e)Members are prohibited from taking pictures, audio or video recordings or making copies of any such picture or recording media unless it is directly related to official department business. Disclosure of any such information to any third party through any means, without the express authorization of the Chief of Police or the authorized designee, may result in discipline. (f)Members will not access social networking sites for any purpose that is not official department business. (g)Using PCDs to harass, threaten, coerce or otherwise engage in inappropriate conduct with any third party is prohibited. Any member having knowledge of such conduct shall promptly notify a supervisor. 701.7 SUPERVISOR RESPONSIBILITIES The responsibilities of supervisors include, but are not limited to: (a)Ensuring that members under their command are provided appropriate training on the use of PCDs consistent with this policy. (b)Monitoring, to the extent practicable, PCD use in the workplace and taking prompt corrective action if a member is observed or reported to be improperly using a PCD. 1.An investigation into improper conduct should be promptly initiated when circumstances warrant. 701.8 OFFICIAL USE Members are reminded that PCDs are not secure devices and conversations may be intercepted or overheard. Caution should be exercised while utilizing PCDs to ensure that sensitive information is not inadvertently transmitted. As soon as reasonably possible, members shall conduct sensitive or private communications on a land-based or other department communications network. 701.9 USE WHILE DRIVING The use of a PCD while driving can adversely affect safety, cause unnecessary distractions and present a negative image to the public. Officers operating emergency vehicles should restrict the use of these devices to matters of an urgent nature and should, where practicable, stop the vehicle at an appropriate location to use the PCD. Officers shall not use a PCD as a text messaging device to write, send or read a text message or an electronic message while operating a motor vehicle, unless the device is used in conjunction with hands-free or voice-operated technology or the device is being used to contact a 9-1-1 system (I.C. § 9-21-8-59). Policy 702 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Vehicle Maintenance - 380 Vehicle Maintenance 702.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that department vehicles are appropriately maintained. 702.2 POLICY The Jeffersonville Police Department will service department vehicles to ensure they remain operational and maintain their appearance, as resources allow. 702.3 GENERAL DUTIES Members are responsible for assisting in maintaining department vehicles so that they are properly equipped, properly maintained and properly refueled and present a clean appearance. 702.4 DEFECTIVE VEHICLES When a vehicle becomes inoperative or in need of repair that affects the safety of the vehicle, that vehicle shall be removed from service. Proper documentation shall be promptly completed by the member who becomes aware of the defective condition and forwarded for action. Documents describing the correction of the safety issue shall be promptly filed with the vehicle history. 702.4.1 DAMAGE OR POOR PERFORMANCE Vehicles that may have been damaged or perform poorly shall be removed from service for inspections and repairs as soon as practicable. 702.4.2 SEVERE USE Vehicles operated under severe-use conditions, which include operations for which the vehicle is not designed or that exceed the manufacturer’s parameters, should be subjected to a safety inspection as soon as practicable. Such conditions may include rough roadway or off-road driving, hard or extended braking, pursuits or prolonged high-speed operation. 702.4.3 REMOVAL OF WEAPONS All firearms, weapons and control devices shall be removed from a vehicle and properly secured prior to the vehicle being released for maintenance, service or repair. 702.5 VEHICLE EQUIPMENT Certain items shall be maintained in all department vehicles. 702.5.1 PATROL VEHICLES Officers shall inspect the patrol vehicle at the beginning of the shift and ensure that the following equipment, at a minimum, is in the vehicle: •Required department issued weapons Jeffersonville Police Department Policy Manual Vehicle Maintenance Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Vehicle Maintenance - 381 • Required reporting forms •1 roll crime scene barricade tape •1 first-aid kit and CPR mask • 1 insurance card •1 fuel card •1 Mobile Toughbook Laptop •1 sharps container •1 hazardous waste disposal bag •1 high-visibility vest •1 hazardous materials emergency response handbook •1 evidence collection kit •1 camera • Protective gloves and mask •Rain gear 702.5.2 UNMARKED VEHICLES Members driving unmarked department vehicles shall ensure that the following equipment, at a minimum, is in the vehicle: •1 roll crime scene barricade tape • 1 first-aid kit and CPR mask •1 sharps container • 1 hazardous waste disposal bag • 1 high-visibility vest •1 hazardous materials emergency response handbook •1 evidence collection kit •1 camera •Rain gear 702.6 VEHICLE REFUELING Absent emergency conditions or supervisor approval, patrol vehicles shall not be placed into service with less than one-quarter tank of fuel. Patrol vehicles should not be retired at the end of shift with less than one-quarter tank of fuel. Vehicles shall only be refueled at the authorized location. Jeffersonville Police Department Policy Manual Vehicle Maintenance Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Vehicle Maintenance - 382 702.7 WASHING OF VEHICLES Vehicles shall be kept clean at all times and, weather conditions permitting, shall be washed as necessary to maintain the professional appearance of the Department. Members using a vehicle shall remove any trash or debris at the end of their shifts. Confidential material should be removed and dispoosed of properly (i.e.shredded). Policy 703 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Vehicle Use - 383 Vehicle Use 703.1 PURPOSE AND SCOPE The purpose of this policy is to establish a system of accountability to ensure department vehicles are used appropriately. This policy provides guidelines for on- and off-duty use of department vehicles and shall not be construed to create or imply any contractual obligation by the City of Jeffersonville to provide assigned take-home vehicles. 703.2 POLICY The Jeffersonville Police Department provides vehicles for department-related business and may assign patrol and unmarked vehicles based on a determination of operational efficiency, economic impact to the Department, requirements for tactical deployments and other considerations. 703.3 USE OF VEHICLES 703.3.1 SHIFT ASSIGNED VEHICLES The Uniform Patrol Commander shall ensure a copy of the shift assignment roster, indicating member assignments and vehicle numbers, is completed for each shift and retained in accordance with the established records retention schedule. If a member exchanges vehicles during his/her shift, the new vehicle number shall be documented on the roster. 703.3.2 OTHER USE OF VEHICLES Members utilizing a vehicle for any purpose other than their normally assigned duties or normal vehicle assignment (e.g., transportation to training, community event) shall first notify the Uniform Patrol Commander. A notation will be made on the shift assignment roster indicating the member’s name and vehicle number. Members may use the vehicle for reasonable and limited personal transportation. The vehicle may be used in Clark County, Indiana and contiguous Indiana counties. Members may use a vehicle in an adjoining state, other states and other Indiana counties while conducting their official duties or in an official capacity. Any other use of the vehicle as described is prohibited without the permission of the Chief of Police or his/her designee. 703.3.3 INSPECTIONS Members shall be responsible for inspecting the interior and exterior of any assigned vehicle before taking the vehicle into service and at the conclusion of their shifts. Any previously unreported damage, mechanical problems, unauthorized contents or other problems with the vehicle shall be promptly reported to a supervisor and documented as appropriate. The interior of any vehicle that has been used to transport any person other than a member of this department should be inspected prior to placing another person in the vehicle and again after Jeffersonville Police Department Policy Manual Vehicle Use Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Vehicle Use - 384 the person is removed. This is to ensure that unauthorized or personal items have not been left in the vehicle. When transporting any suspect, prisoner or arrestee, the transporting member shall search all areas of the vehicle that are accessible by the person before and after that person is transported. All department vehicles are subject to inspection and/or search at any time by a supervisor without notice and without cause. No member assigned to or operating such vehicle shall be entitled to any expectation of privacy with respect to the vehicle or its contents. 703.3.4 SECURITY AND UNATTENDED VEHICLES Unattended vehicles should be locked and secured at all times. No key should be left in the vehicle except when it is necessary that the vehicle be left running (e.g., continued activation of emergency lights, canine safety, equipment charging). Officers who exit a vehicle rapidly in an emergency situation or to engage in a foot pursuit must carefully balance the need to exit the vehicle quickly with the need to secure the vehicle. Members shall ensure all weapons are secured while the vehicle is unattended. 703.3.5 COMPUTER AIDED DISPATCH Members assigned to vehicles equipped with a Computer Aided Dispatch (CAD) shall log onto the CAD with the required information when going on-duty. If the vehicle is not equipped with a working CAD, the member shall notify Central Alarm. Use of the CAD is governed by the Computer Aided Dispatch Policy. 703.3.6 KEYS Members approved to operate marked patrol vehicles should be issued a copy of the key as part of their initial equipment distribution. Members who are assigned a specific vehicle should be issued keys for that vehicle. Members shall not duplicate keys. The loss of a key shall be promptly reported in writing through the member’s chain of command. 703.3.7 AUTHORIZED PASSENGERS Members operating department vehicles shall not permit persons other than City personnel or persons required to be conveyed in the performance of duty, or as otherwise authorized, to ride as passengers in the vehicle, except as stated in the Ride-Alongs Policy. 703.3.8 ALCOHOL Members who have consumed alcohol are prohibited from operating any department vehicle unless it is required by the duty assignment (e.g., task force, undercover work). Regardless of assignment, members may not violate state law regarding vehicle operation while intoxicated. 703.3.9 PARKING Except when responding to an emergency or when urgent department-related business requires otherwise, members driving department vehicles should obey all parking regulations at all times. Jeffersonville Police Department Policy Manual Vehicle Use Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Vehicle Use - 385 703.3.10 ACCESSORIES AND/OR MODIFICATIONS There shall be no modifications, additions or removal of any equipment or accessories without written permission from the assigned vehicle program manager. 703.3.11 CIVILIAN MEMBER USE Civilian members using marked emergency vehicles shall ensure that all weapons have been removed before going into service. Civilian members shall prominently display the “out of service” placards or light bar covers at all times. Civilian members shall not operate the emergency lights or siren of any vehicle unless expressly authorized by a supervisor. 703.4 INDIVIDUAL MEMBER ASSIGNMENT TO VEHICLES Department vehicles may be assigned to individual members at the discretion of the Chief of Police. Vehicles may be assigned for on-duty and/or take-home use. Assigned vehicles may be changed at any time. Permission to take home a vehicle may be withdrawn at any time. The assignment of vehicles may be suspended when the member is unable to perform his/her regular assignment. 703.4.1 ON-DUTY USE Vehicle assignments shall be based on the nature of the member’s duties, job description and essential functions, and employment or appointment status. Vehicles may be reassigned or utilized by other department members at the discretion of the Chief of Police or the authorized designee. 703.4.2 ASSIGNED VEHICLES Assignment of take-home vehicles may be based on the location of the member’s residence; the nature of the member’s duties, job description and essential functions; and the member's employment or appointment status. Residence in the City of Jeffersonville is a prime consideration for assignment of a take-home vehicle. Members who reside outside the City of Jeffersonville may be required to secure the vehicle at a designated location or the Department at the discretion of the Chief of Police. Department members shall sign a take-home vehicle agreement that outlines certain standards, including, but not limited to, how the vehicle shall be used, where it shall be parked when the member is not on-duty, vehicle maintenance responsibilities and member enforcement actions. Members are cautioned that under federal and local tax rules, personal use of a City vehicle may create an income tax liability for the member. Questions regarding tax rules should be directed to the member’s tax adviser. Criteria for use of take-home vehicles include the following: (a)While operating the vehicle, authorized members will carry and have accessible their duty firearms and be prepared to perform any function they would be expected to perform while on-duty. Jeffersonville Police Department Policy Manual Vehicle Use Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Vehicle Use - 386 (b)The two-way communications radio, CAD and global positioning satellite device, if equipped, must be on and set to an audible volume when the vehicle is in operation.Unattended vehicles are to be locked and secured at all times. (c)No key should be left in the vehicle except when it is necessary that the vehicle be left running (e.g., continued activation of emergency lights, canine safety, equipment charging). 1.All weapons shall be secured while the vehicle is unattended. 2.All department identification, portable radios and equipment should be secured. 3.If the vehicle is not secured inside a locked garage, all firearms and kinetic impact weapons shall be removed and properly secured in the residence (see the Firearms Policy regarding safe storage of firearms at home). (d)Vehicles are to be secured at the member’s residence or the appropriate department facility, at the discretion of the Department, when a member will be away (e.g., on vacation) for periods exceeding one week. 1.If the vehicle remains at the residence of the member, the Department shall have access to the vehicle. 2.If the member is unable to provide access to the vehicle, it shall be parked at the Department. (e)The member is responsible for the care and maintenance of the vehicle. 703.4.3 ENFORCEMENT ACTIONS When driving a take-home vehicle to and from work outside of the jurisdiction of the Jeffersonville Police Department or while off-duty, an officer shall not initiate enforcement actions except in those circumstances where a potential threat to life or serious property damage exists (see the Off-Duty Law Enforcement Actions and Law Enforcement Authority policies). Officers shall not arrest or issue a traffic information and summons to a person unless the officer is (I.C. § 9-30-2-2): (a)In uniform. (b)Operating a vehicle that is clearly marked a police vehicle. (c)Accompanied by a uniformed officer. Officers may render public assistance when it is deemed prudent (e.g., to a stranded motorist). Officers driving take-home vehicles shall be armed and appropriately attired and shall carry their department-issued identification. Officers should also ensure that department radio communication capabilities are maintained to the extent feasible. 703.4.4 MAINTENANCE Members are responsible for the cleanliness (exterior and interior) and overall maintenance of their assigned vehicles. Failure to adhere to these requirements may result in discipline and loss of vehicle assignment. The following should be performed as outlined below: Jeffersonville Police Department Policy Manual Vehicle Use Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Vehicle Use - 387 (a)Members shall make daily inspections of their assigned vehicles for service/maintenance requirements and damage. (b)It is the member’s responsibility to ensure that his/her assigned vehicle is maintained according to the established service and maintenance schedule. (c)All scheduled vehicle maintenance and car washes shall be performed as necessary at a facility approved by the department supervisor in charge of vehicle maintenance. (d)The Department shall be notified of problems with the vehicle and approve any major repairs before they are performed. (e)When leaving the vehicle at the maintenance facility, the member will complete a vehicle repair card explaining the service or repair, and leave it on the seat or dash. (f)All weapons shall be removed from any vehicle left for maintenance. (g)Supervisors shall make, at a minimum, monthly inspections of vehicles assigned to members under their command to ensure the vehicles are being maintained in accordance with this policy. 703.5 UNMARKED VEHICLES Unmarked vehicles are assigned to various divisions and their use is restricted to the respective division and the assigned member, unless otherwise approved by a supervisor. Any member operating an unmarked vehicle shall record vehicle usage on the sign-out log maintained in the division for that purpose. Any use of unmarked vehicles by those who are not assigned to the division to which the vehicle is assigned shall also be recorded with the Uniform Patrol Commander on the shift assignment roster. 703.6 DAMAGE, ABUSE AND MISUSE When any department vehicle is involved in a traffic accident or otherwise incurs damage, the involved member shall promptly notify a supervisor. Any traffic accident report shall be filed with the agency having jurisdiction (see the Traffic Accidents Policy). Damage to any department vehicle that was not caused by a traffic accident shall be immediately reported during the shift in which the damage was discovered, documented in memorandum format and forwarded to the Uniform Patrol Commander. An administrative investigation should be initiated to determine if there has been any vehicle abuse or misuse. 703.7 TOLL ROAD USAGE Law enforcement vehicles while in discharge of their official duties are routinely exempt from incurring toll road charges (105 IAC 14-1-6). Members operating department vehicles for any reason other than in the discharge of their official duties shall pay the appropriate toll charge or utilize the appropriate toll way transponder. Jeffersonville Police Department Policy Manual Vehicle Use Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Vehicle Use - 388 703.8 ATTIRE AND APPEARANCE When operating any department vehicle while off-duty, members may dress in a manner appropriate for their intended activity. Whenever in view of or in contact with the public, attire and appearance, regardless of the activity, should be suitable to reflect positively upon the Department. Policy 704 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Cash Handling, Security and Management - 389 Cash Handling, Security and Management 704.1 PURPOSE AND SCOPE This policy provides guidelines to ensure department members handle cash appropriately in the performance of their duties. This policy does not address cash-handling issues specific to the Property Room and Informants policies. 704.2 POLICY It is the policy of the Jeffersonville Police Department to properly handle and document cash transactions and to maintain accurate records of cash transactions in order to protect the integrity of department operations and ensure the public trust. 704.3 PETTY CASH FUNDS The Chief of Police shall select a member of the Department as the fund manager. This person is responsible for maintaining and managing petty cash funds. In the absence of the fund manager, the Chief of Police may delegate this responsibility to an authorized designee. Each petty cash fund requires the creation and maintenance of an accurate and current transaction ledger and the filing of invoices, receipts, cash transfer forms and expense reports by the fund manager. 704.4 PETTY CASH TRANSACTIONS The fund manager shall document all transactions on the ledger and any other appropriate forms. Each person participating in the transaction shall sign or otherwise validate the ledger, attesting to the accuracy of the entry. Transactions should include the filing of an appropriate receipt, invoice or cash transfer form. Transactions that are not documented by a receipt, invoice or cash transfer form require an expense report. 704.5 PETTY CASH AUDITS The fund manager shall perform an audit no less than once every six months. This audit requires that the fund manager and at least one command staff member, selected by the Chief of Police, review the transaction ledger and verify the accuracy of the accounting. The fund manager and the participating member shall sign or otherwise validate the ledger attesting to the accuracy of all documentation and fund accounting. A discrepancy in the audit requires documentation by those performing the audit and an immediate reporting of the discrepancy to the Chief of Police. Transference of fund management to another member shall require a separate petty cash audit and involve a command staff member. A separate audit of each petty cash fund should be completed on a random date, approximately once each year, by the Chief of Police or the City. Jeffersonville Police Department Policy Manual Cash Handling, Security and Management Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Cash Handling, Security and Management - 390 704.6 ROUTINE CASH HANDLING Members who handle cash as part of their regular duties (e.g., evidence technicians, the Narcotics Section supervisor, those who accept payment for department services will discharge those duties in accordance with the procedures established for those tasks (see the Property Room and Informants policies). 704.7 OTHER CASH HANDLING Members who, within the course of their duties, are in possession of cash that is not their property or that is outside their defined cash-handling responsibilities shall, as soon as practicable, verify the amount, summon another member to verify their accounting, and process the cash for safekeeping or as evidence or found property, in accordance with the Property Room Policy. Cash in excess of $1,000 requires immediate notification of a supervisor, special handling, verification and accounting by the supervisor. Each member involved in this process shall complete an appropriate report or record entry. Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Support Services - 391 Chapter 8 - Support Services Policy 800 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Crime Analysis - 392 Crime Analysis 800.1 PURPOSE AND SCOPE This policy provides guidelines for utilizing crime analysis to support the overall law enforcement efforts of the Jeffersonville Police Department. It addresses the collection and dissemination of crime analysis data that is useful to long-range planning and that can assist in identifying enforcement priorities, strategies and tactics. 800.2 POLICY It is the policy of the Jeffersonville Police Department to utilize crime analysis as a tool in crime control and prevention efforts. This entails gathering, analyzing and correlating data to effectively deploy the resources of this department. 800.3 DATA SOURCES Crime analysis data is extracted from many sources including, but not limited to, the following: •Crime reports •Field Interview (FI) cards •Parole and probation records •Activity records from Central Alarm •Criminal Intelligence Section of the Indiana State Police •Indiana Criminal Justice Institute 800.4 CRIME ANALYSIS FACTORS The following minimum criteria should be used in collecting data for crime analysis: •Frequency by type of crime •Geographic factors •Temporal factors •Victim and target descriptors •Suspect descriptors •Suspect vehicle descriptors •Modus operandi factors •Physical evidence information Jeffersonville Police Department Policy Manual Crime Analysis Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Crime Analysis - 393 800.5 CRIME ANALYSIS DISSEMINATION Information developed through crime analysis should be disseminated to the appropriate divisions or members on a timely basis. Information that is relevant to the operational or tactical plans of specific line members should be sent directly to them. Information relevant to the development of department strategic plans should be provided to the appropriate command staff members. When information pertains to tactical and strategic plans, it should be provided to all affected members. Policy 801 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Property Room - 394 Property Room 801.1 PURPOSE AND SCOPE This policy provides guidelines for the proper processing, storage, security and disposition of evidence and other property. This policy also provides for the protection of the chain of custody and identifies those persons authorized to remove and/or destroy property. 801.1.1 DEFINITIONS Definitions related to this policy include: Property - All articles placed in secure storage within the Property Room, including the following: 1. Evidence is any property that comes into the custody of a police department employee when such property may tend to prove or disprove the commission of a crime, or the identity of the suspect, pursuant to an official criminal investigation. o Examples of evidence: Physical, chemical, biological or photographic evidence left at the scene of a crime by a victim, or suspect; recovered (stolen) property; or suspected stolen property. 2. Property for Safekeeping is any property of no evidentiary value surrendered to an employee of this department for temporary custody with the understanding that the person surrendering the property has a legal right to do so, and that the property will be returned to the rightful owner(s) at the end of a specified period of time, unless disposition by the department in a manner prescribed by law is requested by the owner(s). 3. Found Property is any property of no evidentiary value, which comes into the custody of an employee of this Department, and whose rightful owner may, or may not, be known to the finder or the Department. Due diligence must be exercised to locate or identify the rightful owner. Upon failing to do so, the Department will dispose of the property in a manner prescribed by law (usually after 60 days of receipt). The reporting officer should make every effort to contact the owner of the property, making sure the name, address and phone numbers are listed in the report. If there is an ID with the property, list the date of birth and driver’s license and/or social security number in the report. This will save the Evidence Technician from having to open the sealed packaging. 4. Property for Destruction is any property, including firearms and ammunition, released by a citizen to the Jeffersonville Police Department for disposal. 801.2 POLICY It is the policy of the Jeffersonville Police Department to process and store all property in a manner that will protect it from loss, damage or contamination, while maintaining documentation that tracks the chain of custody, the location of property and its disposition. 801.3 PROPERTY ROOM SECURITY The Property Room shall maintain secure storage and control of all property in the custody of this department. An evidence technician shall be appointed by and will be directly responsible to the Jeffersonville Police Department Policy Manual Property Room Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Property Room - 395 Investigations/Operations Commander. The evidence technician is responsible for the security of the Property Room. 801.3.1 REFUSAL OF PROPERTY The evidence technician has the obligation to refuse any piece of property that is hazardous or that has not been properly documented or packaged. Should the evidence technician refuse an item of property, he/she shall maintain secure custody of the item in a temporary property locker or other safe location and inform the submitting member's supervisor of the reason for refusal and the action required for acceptance into the Property Room. 801.3.2 KEY CONTROL Property Room keys should be maintained by the evidence technician and members assigned to the Property Room. An additional key should be kept in a sealed and initialed envelope in a secured designated safe. Property Room keys shall not be loaned to anyone and shall be maintained in a secure manner. If a Property Room key is lost, all access points shall be re-keyed and new keys issued as necessary. 801.3.3 ACCESS Only authorized members assigned to the Property Room shall have access to property storage areas. Any individual who needs to enter a property storage area (e.g., maintenance or repair contractors) must be approved by the Investigations/Operations Commander, or designee, and accompanied by the evidence technician. Each individual must sign the Property Room access log and indicate: (a)The date and time of entry and exit. (b)The purpose for access, including the specific case or property number. Each access log entry shall be initialed by the accompanying department member. 801.4 PROPERTY HANDLING The member who first comes into possession of any property is generally responsible for the care, custody and control of such property until it is transferred to the evidence technician and/ or processed and placed in a temporary property locker or storage area. Care shall be taken to maintain the chain of custody for all items of evidence. 801.4.1 PROCESSING AND PACKAGING All property must be processed by the responsible member prior to the member going off-duty, unless otherwise approved by a supervisor. Members shall process and package property as follows: (a)Proper procedure/format for filling the Property and Evidence Form: (a)Investigating Officer - Officer assigned to the case/incident at the time evidence is submitted. First initial + last name. (b)Submitting Officer - Officer that deposits evidence. First initial + last name. Jeffersonville Police Department Policy Manual Property Room Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Property Room - 396 (c)Date/Time Collected - Date and time officer came in possession of evidence. MM/ DD/YYYY. Four digit military (09:00) or meridiem time (9:00 a.m.). (d)Location of Incident - Street address where offense/incident occurred including qualifiers. Ex. “123 Main Street #A1” (e)Case/Incident # - Case or incident number that corresponds with evidence. 2012-0000. (f)Victim - Victim’s name. First Name + Middle Initial + Last Name. If no victim, “N/A”. (g)Suspect - Suspect’s name. First Name + Middle Initial + Last Name. If no suspect, “N/A” or unknown. (h)Offense - Nature of case/Incident. Ex. "Residential Burglary", "Business Robbery", "Found Property". The IC code is not necessary. (i)Deposited - Drop down box containing the following options: Evidence Lockers, Evidence Refrigerated Lockers, Evidence Lab, Evidence Bay, Detective's Office and Narcotics Office. (j)Description/Location - Detailed and brief description of item along with the location where it was collected. (k)Disposition - Drop down box containing the following options: Hold for prosecution, hold for safekeeping, release to owner and destroy. (l)Chain of Custody - Designate for evidence technician. (b)Packaging Evidence 1.Place Evidence in the appropriate package. 2.Complete a property and evidence tag. Ensure all required information is neatly written on the tag. 3.Attach the property and evidence tag to the package. The tag should be positioned neat the top of the packaging to allow the evidence tape to cover the tag at or near the dotted line. 4.After the evidence has been placed in the package, and the package is closed, a strip of evidence tape is placed across the front and back of the flap seal or opening, sealing the accessible area of the package. 5.All evidence must be initialed by the packaging officer, along the evidence tape and the package. c. The Property form shall be submitted with the property into the evidence locker. Items too large to fit in the evidence locker may be placed in a designated storage area that can be secured from unauthorized entry and the property form shall be placed in the evidence locker. 801.4.2 EXCEPTIONAL PROCESSING The following items require special consideration and shall be processed as follows, unless special conditions dictate a reasonable deviation: Jeffersonville Police Department Policy Manual Property Room Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Property Room - 397 Bicycles - If located as found property, contact the City of Jeffersonville Street Department. If collected as evidence, it may be stored in the evidence room or warehouse. Attach a completed evidence tag and contact the Evidence Technician. Bioharzard Materials - Place in appropriate size paper bag or envelope with “Biohazard”stickers on the package. If items are wet, they must be dried prior to packaging Body Fluids: Place in an appropriate size paper bag with “Biohazard” sticker on both sides of the package. Write what type of Biohazard on the sticker, i.e. blood, urine, etc. Cash - Cash shall be counted in the presence of another member. The cash shall be placed in a property envelope and initialed by both members. A supervisor shall be contacted for cash in excess of $1,000. The supervisor shall witness the count, initial and date the envelope, and specify any additional security procedures that may be necessary. Explosives and fireworks - If possible, notify the Evidence Technician of the type of item. Explosives should not go into evidence. Notify your shift supervisor for assistance with appropriate disposal. With approval from the Evidence Technician, a small amount of fireworks can be stored in the evidence room. If you are not sure of the proper storage, notify the shift supervisor on the proper handling. If possible, in cases where large quantities of flammables are seized, photograph and under state code (depending on the case), contact the Jeffersonville Fire Department or appropriate agency and dispose of the items. No explosive, incendiary devices, caustic materials or any other chemical of a dangerous nature are to be stored in the evidence room. Firearms and other weapons - All handguns should be placed and secured in gun boxes with plastic tabs. A plastic tie should be inserted through the cylinder of a revolver or up through the grip and out the ejection port of a semi auto. If one is too small, put two plastic ties together to get it through and secure it. Record the make model, serial number and color (nickel/blue). All weapons should be unloaded and ammo packaged separately. Empty magazines can be secured in the box with the gun. Rifles, shotguns or any type of long gun should also be unloaded with a plastic tie through the chamber. A long gun or rifle may have a completed evidence tag placed around the trigger guard to be submitted as evidence. If the long gun or rifle has been used in a crime and contains DNA or blood or biohazard evidence, secure the long gun in a rifle box. Again, record the make, model, serial number and color. These items should be packaged separately since they are stored in evidence in a separate location Government property - License plates that have not been reported stolen or are of no evidentiary value should be placed in the designated container for return to the Bureau of Motor Vehicles. No formal property processing is required. City property that is of no evidentiary value should be released directly to the appropriate City department. No formal property processing is required. If no responsible City personnel can be located, the property should be held for safekeeping. Sharps - Syringe tubes should be used to package syringes and needles. Jeffersonville Police Department Policy Manual Property Room Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Property Room - 398 801.4.3 CONTROLLED SUBSTANCE/NARCOTICS AND DANGEROUS DRUGS All narcotics, whether prescription or illegal, can be placed in an appropriate envelope, paper bag or plastic bag. Marijuana that has not been dried must be stored in a paper bag. All paraphernalia with residue should also be secured in an appropriate envelope, paper bag or plastic bag. If the item is too large for packaging, attach a completed evidence tag. Remember to weigh the evidence before packaging, and record it in the case report and on the Property and Evidence form. All narcotics should be packaged separately. EXAMPLE: marijuana and cocaine found in a cigarette package, should be removed from the cigarette package and separated prior to being packaged as evidence. This process should be followed when pills are co-mingled in a container. Any LOOSE narcotics should remain in the container in which it was found. EXAMPLE: If you find LOOSE marijuana in an Altoids tin, leave the marijuana in the tin and submit in a PAPER evidence bag. If you find a plastic baggy with LOOSE marijuana and a lighter in the bag, remove the lighter and submit the marijuana in the plastic baggy placed in an appropriate plastic or paper evidence bag and the lighter in an appropriate plastic or paper evidence bag. 801.5 RECORDING OF PROPERTY The evidence technician receiving custody of property shall ensure a database entry for each item or group of items is created. The database entry will be the permanent record of the property in the Property Room. The evidence technician will record in the database, the GPW if the package contains narcotics,, the date and time the property was received. where the property will be stored, and chain of custody. A unique tag number shall be obtained for each item or group of items from the evidence database. The evidence database shall document the following: (a)Chain of custody (b)Case number (c)Property tag number (d)Item description (e)Item storage location (f)Receipt, release and disposal dates (g)A disposable target date shall be entered for each property item. Any change in the location of property held by the Jeffersonville Police Department shall be noted in the evidence database. 801.6 PROPERTY CONTROL The evidence technician temporarily relinquishing custody of property to another person shall record in the evidence database, the date and time the property was released, the name and signature of the person accepting custody of the property and the reason for release. Jeffersonville Police Department Policy Manual Property Room Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Property Room - 399 Any member receiving property shall be responsible for such property until it is returned to the Property Room or released to another authorized person or entity. The return of the property to the Property Room should be recorded in the evidence database, indicating the date, the time, the name of the person who returned the property and the name of the person to whom the property was returned. 801.6.1 EVIDENCE Every time evidence is released or received, an appropriate entry in the evidence database shall be completed to maintain the chain of custody. No evidence is to be released without first receiving written authorization from the Detective Division supervisor or investigator. The temporary release of evidence to members for investigative purposes or for court proceedings shall be noted in the evidence database, stating the date, time and to whom it was released. Requests for items of evidence needed for court proceedings shall be submitted to the evidence technician at least one day prior to the court date. Requests for laboratory analysis shall be completed on the appropriate lab form and submitted by the evidence technician, or investigator. This request may be submitted any time after the property has been processed. 801.6.2 TRANSFER OF EVIDENCE TO CRIME LABORATORY The evidence technician transferring items of evidence for laboratory analysis must complete the required information in the evidence database. The transporting member will acknowledge receipt of the evidence by indicating the date and time in the evidence database. The lab form will be transported with the evidence to the examining laboratory. The transporting member will obtain all necessary documentation ensuring the proper chain of custody of the item of evidence. The original copy of the lab form will remain with the evidence, filed in the property room. 801.6.3 CONTROLLED SUBSTANCES/NARCOTICS AND DANGEROUS DRUGS The Detective Division will be responsible for the storage, control and destruction of all controlled substances/narcotics and dangerous drugs coming into the custody of this department. The GPW will be verified every time controlled substances/narcotics and dangerous drugs are checked in or out of the Property Room and any discrepancies noted on the outside of the package. Any change in weight should be immediately reported to the Investigations/Operations Assistant Chief. 801.6.4 UNCLAIMED MONEY The evidence technician shall submit an annual report, or more frequently as directed, regarding money that is presumed to have been abandoned to the Chief of Police and the City department responsible for auditing property. The evidence technician may deposit such money in compliance with existing laws upon receipt of proper authorization from the Chief of Police. 801.7 RELEASE OF PROPERTY The Detective Division shall authorize the release of all property coming into the care and custody of the Department. Jeffersonville Police Department Policy Manual Property Room Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Property Room - 400 Release of property shall be made upon receipt of an authorized property release form, listing the name and address of the person to whom the property is to be released. The property release form shall be signed by the authorizing supervisor or investigator and must conform to the items listed in the evidence database or must specify the specific items to be released. Release of all property shall be documented in the evidence database. Firearms or ammunition should only be released upon presentation of valid identification and authorized documents showing that the individual may legally possess the item. All reasonable attempts shall be made to identify the rightful owner of found property and items held for safekeeping. Found property and property held for safekeeping shall be retained for the period of time required by law. During such period, Property Room members shall attempt to contact the rightful owner by telephone and/or mail when sufficient identifying information is available. The final disposition of all such property shall be fully documented in the evidence database. An evidence technician shall release such property when the owner presents proper identification and an authorized property release form has been received. The signature of the person receiving the property shall be recorded on the property release form. The release of all items shall be documented in the evidence database. 801.7.1 DISCREPANCIES The Uniform Patrol Commander shall be notified whenever a person alleges that there is a shortage or discrepancy regarding his/her property. The Uniform Patrol Commander will interview the person claiming the shortage. The Uniform Patrol Commander shall ensure that a search for the alleged missing items is completed and shall attempt to prove or disprove the claim. 801.7.2 DISPUTED CLAIMS TO PROPERTY Occasionally, more than one party may claim an interest in property being held by this department, and the legal rights of the parties cannot be clearly established. Such property shall not be released until one party has obtained a valid court order or establishes an undisputed right to the property. All parties should be advised that their claims are civil. In extreme situations, legal counsel for this department should be contacted. 801.8 DESTRUCTION OR DISPOSAL OF PROPERTY An authorized Detective Division investigator or supervisor shall approve the destruction or disposal of all property held by this department. All property not held for evidence in a pending criminal investigation or proceeding may be destroyed or disposed of in compliance with existing laws upon receipt of proper authorization from a supervisor. The disposition of all property shall be entered in the evidence databse. The following types of property shall be destroyed or disposed of in the manner and at the time prescribed by law, unless a different disposition is ordered by a court: Jeffersonville Police Department Policy Manual Property Room Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Property Room - 401 •Weapons or devices declared by law to be illegal to possess •Controlled substances/narcotics or dangerous drugs declared by law to be illegal to possess without a legal prescription 801.8.1 BIOLOGICAL EVIDENCE The evidence technician shall ensure that no biological evidence in a sexual assault held by this department is destroyed without adequate notification to the following persons, when applicable: (a)Any sexual assault victim (I.C. § 16-21-8-10) (b)The Investigations/Operations Commander Biological evidence shall be retained for a minimum of one year after the date the sample is placed in secure storage (I.C. § 16-21-8-10) or the expiration of any sentence imposed related to the evidence, whichever time period is greater. Following the retention period, notifications should be made by certified mail and should inform the recipient that the evidence will be destroyed after a date specified in the notice unless a motion seeking an order to retain the sample is filed and served on this department within 90 days. A record of all certified mail receipts shall be retained in the appropriate file. Any objection to, or motion regarding, the destruction of the biological evidence should be retained in the appropriate file and a copy forwarded to the Investigations/ Operations Commander. Biological evidence related to a homicide shall be retained indefinitely and may only be destroyed with the written approval of the Chief of Police and the head of the applicable prosecutor’s office. Biological evidence from an unsolved sexual assault should not be disposed of prior to expiration of the statute of limitations. Even after expiration of the applicable statute of limitations, the Investigations/Operations Commander should be consulted and the sexual assault victim should be notified. 801.8.2 MARIJUANA At the first sign of mold growth, stored marijuana shall be photographed showing the mold growth. As soon as practicable, the evidence technician shall make efforts to lawfully destroy the contaminated marijuana, in compliance with this policy. The evidence technician should consult with the member assigned to the case investigation for authorization to destroy the remaining marijuana, after taking representative samples, and should request assistance from the appropriate prosecutor in obtaining a court order for immediate destruction. 801.9 INSPECTION OF THE PROPERTY ROOM The Investigations/Operations Commander shall ensure that periodic, unannounced inspections of the Property Room operations and storage facilities are conducted to ensure adherence to appropriate policies and procedures. The Investigations/Operations Commander also shall ensure that an audit is conducted annually, or as directed by the Chief of Police. Inspections and audits Jeffersonville Police Department Policy Manual Property Room Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Property Room - 402 shall be conducted by a member of this department who is not routinely or directly connected with the Property Room operations. Whenever there is a change of assignment for any member with authorized access to the Property Room, an inventory of all property shall be conducted by a person who is not associated with the Property Room or its function. This is to ensure that all property is accounted for and the records are correct. Policy 802 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Records Division - 403 Records Division 802.1 PURPOSE AND SCOPE This policy establishes the guidelines for the operational functions of the Jeffersonville Police Department Records Division. The policy addresses department file access and internal requests for case reports. 802.2 POLICY It is the policy of the Jeffersonville Police Department to maintain department records securely, professionally and efficiently. 802.3 RESPONSIBILITIES 802.3.1 RECORDS MANAGER The Chief of Police shall appoint and delegate certain responsibilities to a Records Manager. The Records Manager shall be directly responsible to the Operations Commander or the authorized designee. The responsibilities of the Records Manager include, but are not limited to: (a)Overseeing the efficient and effective operation of the Records Division. (b)Scheduling and maintaining Records Division time records. (c)Supervising, training and evaluating Records Division staff. (d)Maintaining and updating a Records Division procedure manual. (e)Ensuring compliance with established policies and procedures. (f)Supervising the access, use and release of protected information (see the Protected Information Policy). (g)Establishing security and access protocols for case reports designated as sensitive, where additional restrictions to access have been implemented. Sensitive reports may include, but are not limited to: 1.Homicides 2.Cases involving department members or public officials 3.Any case where restricted access is prudent 802.3.2 RECORDS DIVISION The responsibilities of the Records Division include, but are not limited to: (a)Maintaining a records management system for case reports. 1.The records management system should include a process for numbering, identifying, tracking and retrieving case reports. Jeffersonville Police Department Policy Manual Records Division Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Records Division - 404 (b)Entering case report information into the records management system. 1.Modification of case reports shall only be made when authorized by a supervisor. (c)Providing members of the Department with access to case reports when needed for investigation or court proceedings. (d)Maintaining compliance with federal, state and local regulations regarding reporting requirements of crime statistics. (e)Maintaining compliance with federal, state and local regulations regarding criminal history reports and auditing. (f)Identifying missing case reports and notifying the responsible member’s supervisor. 802.4 FILE ACCESS AND SECURITY The security of files in the Records Division must be a high priority and shall be maintained as mandated by state or federal law. All case reports including, but not limited to, initial, supplemental, follow-up, evidence and any other reports related to a police department case, including field interview (FI) cards, criminal history records and publicly accessible logs, shall be maintained in a secure area within the Records Division, accessible only by authorized members of the Records Division. Access to case reports or files when Records Division staff is not available may be obtained through the Uniform Patrol Commander. The Records Division will also maintain a secure file for case reports deemed by the Chief of Police as sensitive or otherwise requiring extraordinary access restrictions. 802.4.1 ORIGINAL CASE REPORTS Generally, original case reports shall not be removed from the Records Division. Should an original case report be needed for any reason, the requesting department member shall first obtain authorization from the Records Manager. All original case reports removed from the Records Division shall be recorded on a designated report check-out log, which shall be the only authorized manner by which an original case report may be removed from the Records Division. All original case reports to be removed from the Records Division shall be photocopied and the photocopy retained in the file location of the original case report until the original is returned to the Records Division. The photocopied report shall be shredded upon return of the original report to the file. 802.5 CONFIDENTIALITY Records Division staff has access to information that may be confidential or sensitive in nature. Records Division staff shall not access, view or distribute, or allow anyone else to access, view or distribute any record, file or report, whether in hard copy or electronic file format, or any other confidential, protected or sensitive information except in accordance with the Records Maintenance and Release and Protected Information policies and the Records Division procedure manual. Policy 803 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Records Maintenance and Release - 405 Records Maintenance and Release 803.1 PURPOSE AND SCOPE This policy provides guidance on the maintenance and release of department records. Protected information is separately covered in the Protected Information Policy. 803.2 POLICY The Jeffersonville Police Department is committed to providing public access to records in a manner that is consistent with the Indiana Public Records Act (I.C. § 5-14-3-1 et seq.). 803.3 CUSTODIAN OF RECORDS RESPONSIBILITIES The Chief of Police shall designate a Custodian of Records. The responsibilities of the Custodian of Records include, but are not limited to: (a)Managing the records management system for the Department, including the retention, archiving, release and destruction of department public records. (b)Maintaining and updating the department records retention schedule, including: 1.Identifying the minimum length of time the Department must keep records. 2.Identifying the department division responsible for the original record. (c)Establishing rules regarding the inspection and copying of department public records as reasonably necessary for the protection of such records and to regulating any material interference with the regular discharge of the functions or duties of the Department and its members (I.C. § 5-14-3-7). (d)Identifying records or portions of records that are confidential under state or federal law and not open for inspection or copying. (e)Establishing rules regarding the processing of subpoenas for the production of records. (f)Ensuring the availability of a current schedule of fees for public records as allowed by law is available (I.C. § 5-14-3-8). (g)Ensuring a daily log is maintained that lists suspected crimes, accidents or complaints and makes available information relating to arrests, summons and jailed persons as required by I.C. § 5-14-3-5. 803.4 PROCESSING REQUESTS FOR PUBLIC RECORDS Any department member who receives a request for any record shall route the request to the Custodian of Records or the authorized designee. 803.4.1 REQUESTS FOR RECORDS The processing of requests for any record is subject to the following: Jeffersonville Police Department Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Records Maintenance and Release - 406 (a)All requests for public records shall be in writing or on a form supplied by the Department and shall identify with reasonable particularity the record being requested (I.C. § 5-14-3-3). (b)A written response shall be provided to the requester within seven days. (c)Within a reasonable time after the request, the Custodian of Records or the authorized designee shall make records or copies available to the requester as provided by I.C. § 5-14-3-3. (d)Copies of electronic data may be provided in the medium requested if it is compatible with the department’s system (I.C. § 5-14-3-3). (e)The Department is not required to create records that do not exist. (f)When a record contains material with release restrictions and material that is not subject to release restrictions, the restricted material shall be redacted and the unrestricted material released (I.C. § 5-14-3-6). 1.A copy of the redacted release should be maintained in the case file for proof of what was actually released and as a place to document the reasons for the redactions. If the record is audio/video, a copy of the redacted audio/video release should be maintained in the department-approved media storage system and a notation should be made in the case file to document the release and the reasons for the redacted portions. 803.4.2 DENIALS The denial of a written request for records shall (I.C. § 5-14-3-9): (a)Be made within seven days of receipt of the request. (b)Be in writing. (c)Include the reason for the denial. (d)Contain a citation to the specific authority that authorizes the denial. (e)Contain the name and position title of the person denying the request. 803.5 RELEASE RESTRICTIONS Examples of release restrictions include: (a)Any personal identifying information, including an individual’s photograph; Social Security and driver identification numbers; name, address and telephone number; and medical or disability information that is contained in any driver’s license record, motor vehicle record or any department record, including traffic accident reports, is restricted except as authorized by the Department, and only when such use or disclosure is permitted or required by law to carry out a legitimate law enforcement purpose (18 USC § 2721; 18 USC § 2722; I.C. § 5-14-3-4). (b)Personnel files and files of applicants except for names; compensation; job title; business address and telephone number; job description; education and training background; previous work experience or dates of first and last employment of present or former members; information relating to the status of any formal charges against a member; and the Jeffersonville Police Department Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Records Maintenance and Release - 407 factual basis for a disciplinary action in which final action has been taken and that resulted in the member being suspended, demoted or discharged (I.C. § 5-14-3-4). 1.Job titles and job descriptions of officers shall remain confidential (I.C. § 5-14-3-4.3). 2.The home address, telephone number and contact information of an officer shall remain confidential (I.C. § 5-14-3-4(b)(19)). 3.If an officer is operating undercover, the name, compensation, business address and telephone number, education and training background, previous work experience or dates of first employment shall also remain confidential. (c)Records that are either intra-agency/interagency advisories or deliberative material that are expressions of opinion or of a speculative nature and that are communicated for the purpose of making a decision (I.C. § 5-14-3-4). (d)Work product of an attorney for the Department (I.C. § 5-14-3-4). (e)Administrative or technical information that would jeopardize a record keeping or security system (I.C. § 5-14-3-4). (f)The telephone number and address of a complainant contained in department records except if the address is the location of the suspected crime, infraction, accident or complaint reported (I.C. § 5-14-3-4). (g)Records requested by an offender that contain personal information about a correctional officer, law enforcement officer, judge, the victim of a crime or his/her family member (I.C. § 5-14-3-4). (h)Certain law enforcement juvenile-related records (I.C. § 31-39-3-4). (i)Investigatory records (I.C. § 5-14-3-2(i); I.C. § 5-14-3-4). (j)Criminal intelligence information (I.C § 5-14-3-2(c); I.C. § 5-14-3-4). (k)Certain types of reports involving, but not limited to, child abuse and molestation (I.C § 31-33-18-1; I.C. § 31-33-18-2) and endangered adult abuse (I.C. § 12-10-3-15). (l)Personal identifying information submitted by a person to obtain or renew a license to carry a handgun, or information obtained by a federal, state or local government entity in the course of an investigation concerning a person who applies to obtain or renew a license to carry a handgun (I.C. § 35-47-2-3). (m)Audio, visual, or audiovisual recordings of law enforcement activities captured by a body- worn camera or MAV system (I.C. § 5–14–3–4): 1.If disclosure of any law enforcement recording is required under I.C. § 5–14–3–5.1 or I.C. § 5–14–3–5.2, the Records Manager should ensure applicable portions are obscured as required, before releasing the recordings. (n)Any other information that may be appropriately denied by those records declared confidential by a rule adopted by the Department granted by statute, state statute, rules adopted by the Indiana Supreme Court or federal law (I.C. § 5-14-3-4). Jeffersonville Police Department Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Records Maintenance and Release - 408 803.6 SUBPOENAS AND DISCOVERY REQUESTS Any member who receives a subpoena duces tecum or discovery request for records should promptly contact a supervisor and the Custodian of Records for review and processing. While a subpoena duces tecum may ultimately be subject to compliance, it is not an order from the court that will automatically require the release of the requested information. Generally, discovery requests and subpoenas from criminal defendants and their authorized representatives (including attorneys) should be referred to the County Prosecutor, City Attorney or the courts. All questions regarding compliance with any subpoena duces tecum or discovery request should be promptly referred to legal counsel for the Department so that a timely response can be prepared. 803.7 RELEASED RECORDS TO BE MARKED Each page of any written record released pursuant to this policy should be stamped in a colored ink or otherwise marked to indicate the department name and to whom the record was released. Each audio/video recording released should include the department name and to whom the record was released. 803.8 EXPUNGEMENT Expungement orders received by the Department shall be reviewed for appropriate action by the Custodian of Records. Records may include, but are not limited to, a record of arrest, investigation, detention or conviction. The Custodian of Records shall expunge such records as ordered by the court. Once expunged, members shall respond to any inquiry as though the record did not exist (I.C. § 35-38-9-6). A court order that requires records to be marked as expunged shall be clearly and visibly marked by the Custodian of Records. These records shall remain public records (I.C. § 35-38-9-7). 803.9 TRAINING All members authorized to manage, release or facilitate public access to department records shall complete a training program that includes identification of material appropriate for public access and the department systems and procedures guiding such release and access. Policy 804 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Protected Information - 409 Protected Information 804.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the access, transmission, release and security of protected information by members of the Jeffersonville Police Department. This policy addresses the protected information that is used in the day-to-day operation of the Department and not the public records information covered in the Records Maintenance and Release Policy. 804.1.1 DEFINITIONS Definitions related to this policy include: Protected information - Any information or data that is collected, stored or accessed by members of the Jeffersonville Police Department and is subject to any access or release restrictions imposed by law, regulation, order or use agreement. This includes all information contained in federal, state or local law enforcement databases that is not accessible to the public. 804.2 POLICY Members of the Jeffersonville Police Department will adhere to all applicable laws, orders, regulations, use agreements and training related to the access, use, dissemination and release of protected information. 804.3 RESPONSIBILITIES The Chief of Police shall select a member of the Department to coordinate the use of protected information. The responsibilities of this position include, but are not limited to: (a)Ensuring member compliance with this policy and with requirements applicable to protected information, including requirements for the National Crime Information Center (NCIC) system, National Law Enforcement Telecommunications System (NLETS), Bureau of Motor Vehicles (BMV) records and the Indiana Data and Communications System (IDACS). (b)Developing, disseminating and maintaining procedures that adopt or comply with the U.S. Department of Justice’s current Criminal Justice Information Services (CJIS) Security Policy. (c)Developing, disseminating and maintaining any other procedures necessary to comply with any other requirements for the access, use, dissemination, release and security of protected information. (d)Developing procedures to ensure training and certification requirements are met. (e)Resolving specific questions that arise regarding authorized recipients of protected information. (f)Ensuring security practices and procedures are in place to comply with requirements applicable to protected information. Jeffersonville Police Department Policy Manual Protected Information Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Protected Information - 410 804.4 ACCESS TO PROTECTED INFORMATION Protected information shall not be accessed in violation of any law, order, regulation, user agreement, Jeffersonville Police Department policy or training. Only those members who have completed applicable training and met any applicable requirements, such as a background check, may access protected information, and only when the member has a legitimate work-related reason for such access. Unauthorized access, including access for other than a legitimate work-related purpose, is prohibited and may subject a member to administrative action pursuant to the Personnel Complaints Policy and/or criminal prosecution. 804.5 RELEASE OR DISSEMINATION OF PROTECTED INFORMATION Protected information may be released only to authorized recipients who have both a right to know and a need to know. A member who is asked to release protected information that should not be released should refer the requesting person to a supervisor or to the Records Manager for information regarding a formal request. Unless otherwise ordered or when an investigation would be jeopardized, protected information maintained by the Department may generally be shared with authorized persons from other law enforcement agencies who are assisting in the investigation or conducting a related investigation. Any such information should be released through the Records Division to ensure proper documentation of the release (see the Records Maintenance and Release Policy). Protected information, such as Criminal Justice Information (CJI), which includes Criminal History Record Information (CHRI), should generally not be transmitted by radio, cellular telephone or any other type of wireless transmission to members in the field or in vehicles through any computer or electronic device, except in cases where there is an immediate need for the information to further an investigation or where circumstances reasonably indicate that the immediate safety of officers, other department members or the public is at risk. Nothing in this policy is intended to prohibit broadcasting warrant information. 804.6 SECURITY OF PROTECTED INFORMATION The Chief of Police will select a member of the Department to oversee the security of protected information. The responsibilities of this position include, but are not limited to: (a)Developing and maintaining security practices, procedures and training. (b)Ensuring federal and state compliance with the CJIS Security Policy and the requirements of any state or local criminal history records systems. (c)Establishing procedures to provide for the preparation, prevention, detection, analysis and containment of security incidents including computer attacks. Jeffersonville Police Department Policy Manual Protected Information Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Protected Information - 411 (d)Tracking, documenting and reporting all breach of security incidents to the Chief of Police and appropriate authorities. 804.6.1 MEMBER RESPONSIBILITIES Members accessing or receiving protected information shall ensure the information is not accessed or received by persons who are not authorized to access or receive it. This includes leaving protected information, such as documents or computer databases, accessible to others when it is reasonably foreseeable that unauthorized access may occur (e.g., on an unattended table or desk; in or on an unattended vehicle; in an unlocked desk drawer or file cabinet; on an unattended computer terminal). 804.7 TRAINING All members authorized to access or release protected information shall complete a training program that complies with any protected information system requirements and identifies authorized access and use of protected information, as well as its proper handling and dissemination. Policy 805 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Animal Control - 412 Animal Control 805.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for interacting with animals and responding to calls for service that involve animals. 805.2 POLICY It is the policy of the Jeffersonville Police Department to be responsive to the needs of the community regarding animal-related issues. This includes enforcing local, state and federal laws relating to animals and appropriately resolving or referring animal-related problems, as outlined in this policy. 805.3 ANIMAL CONTROL RESPONSIBILITIES Animal control services are generally the primary responsibility of Animal Control and include the following: (a)Animal-related matters during periods when Animal Control is available. (b)Ongoing or persistent animal nuisance complaints. Such complaints may be scheduled, if reasonable, for handling during periods that Animal Control is available for investigation and resolution. (c)Follow-up on animal-related calls, such as locating owners of injured animals. 805.4 MEMBER RESPONSIBILITIES Members who respond to or assist with animal-related calls for service should evaluate the situation to determine appropriate actions to control the situation. Due to the hazards of handling animals without proper training and equipment, responding members generally should not attempt to capture or pick up any animal, but should keep the animal under observation until the arrival of appropriate assistance. Members may consider acting before the arrival of such assistance when: (a)There is a threat to public safety. (b)An animal has bitten someone. Members should take measures to confine the animal and prevent further injury. (c)An animal is creating a traffic hazard. (d)An animal is seriously injured. (e)The owner/handler of an animal has been arrested or is incapacitated. In such circumstances, the member should find appropriate placement for the animal. 1.This is only necessary when the arrestee is expected to be in custody for a time period longer than would reasonably allow him/her to properly care for the animal. Jeffersonville Police Department Policy Manual Animal Control Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Animal Control - 413 2.With the owner’s consent, locating appropriate placement may require contacting relatives or neighbors to care for the animal. 3.If no person can be found or the owner does not or cannot give consent, the animal should be taken to a designated animal care facility. 805.5 ANIMAL CRUELTY COMPLAINTS Laws relating to the cruelty to animals should be enforced, including but not limited to Abandonment or Neglect of Vertebrate Animals (I.C. § 35-46-3-7); Beating Vertebrate Animals (I.C. § 35-46-3-12); Domestic Violence Animal Cruelty (I.C. § 35-46-3-12.5); Purchase or Possession of Animals for Fighting Contests (I.C. § 35-46-3-8). 805.6 ANIMAL BITE REPORTS Members investigating an animal bite should obtain as much information as possible for follow-up with the appropriate health or animal authorities. Efforts should be made to capture or otherwise have the animal placed under control. Members should attempt to identify and notify the owner of the final disposition of the animal. 805.7 STRAY DOGS If the dog has a license or can otherwise be identified, the owner should be contacted, if possible. If the owner is contacted, the dog should be released to the owner and a citation may be issued, if appropriate. If a dog is taken into custody, it shall be transported to the appropriate shelter/ holding pen. Members shall provide reasonable treatment to animals in their care (e.g., food, water, shelter). 805.8 DANGEROUS ANIMALS In the event responding members cannot fulfill a request for service because an animal is difficult or dangerous to handle, the Officer in Charge will be contacted to determine available resources, including requesting the assistance of animal control services from an allied agency. 805.9 PUBLIC NUISANCE CALLS RELATING TO ANIMALS Members should diligently address calls related to nuisance animals (e.g., barking dogs), as such calls may involve significant quality-of-life issues. 805.10 DECEASED ANIMALS When a member becomes aware of a deceased animal, all reasonable attempts should be made to preliminarily determine if the death of the animal is related to criminal activity. Deceased animals on public property should be removed, sealed in a plastic bag and properly disposed of by the responding member. Jeffersonville Police Department Policy Manual Animal Control Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Animal Control - 414 Members should not climb onto or under any privately owned structure for the purpose of removing a deceased animal. 805.11 INJURED ANIMALS When a member becomes aware of an injured domesticated animal, all reasonable attempts should be made to contact an owner or responsible handler. If an owner or responsible handler cannot be located, the member should contact animal control. 805.12 DESTRUCTION OF ANIMALS When it is necessary to use a firearm to euthanize a badly injured animal or stop an animal that poses an imminent threat to human safety, the Firearms Policy shall be followed. A badly injured animal shall only be euthanized with the approval of a supervisor. 805.13 DISEASED ANIMALS Officers shall provide assistance, as requested to the Indiana State Board of Animal Health, the state veterinarian, a county veterinarian or an agent of the U.S. Department of Agriculture (I.C. § 15-17-19-1). Policy 806 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Jeanne Clery Campus Security Act - 415 Jeanne Clery Campus Security Act 806.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines to ensure this department fulfills its obligation in complying with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). 806.2 POLICY The Jeffersonville Police Department encourages accurate and prompt reporting of all crimes and takes all such reports seriously (20 USC § 1092(f)(1)(C)(iii)). Reports will be accepted in any manner, including in person or in writing, at any Jeffersonville Police Department facility. Reports will be accepted anonymously, by phone, via email or on the institution’s website. It is the policy of the Jeffersonville Police Department to comply with the Clery Act. Compliance with the Clery Act requires a joint effort between the Jeffersonville Police Department and the administration of the institution. Supervisors who are assigned areas of responsibility in the following policy sections are expected to be familiar with the subsections of 20 USC § 1092(f) and 34 CFR 668.46 that are relevant to their responsibilities. 806.3 POLICY, PROCEDURE AND PROGRAM DEVELOPMENT The Chief of Police will: (a)Ensure that the Jeffersonville Police Department establishes procedures for immediate emergency response and evacuation, including the use of electronic and cellular communication, and testing of these procedures (20 USC § 1092(f)(1)(J)(i); 20 USC § 1092(f)(1)(J)(iii)). (b)Enter into agreements as appropriate with local law enforcement agencies to: 1.Identify roles in the investigation of alleged criminal offenses on campus (20 USC § 1092(f)(1)(C)(ii)). 2.Assist in the monitoring and reporting of criminal activity at off-campus student organizations that are recognized by the institution and engaged in by students attending the institution, including student organizations with off-campus housing facilities (20 USC § 1092(f)(1)(G)). 3.Ensure coordination of emergency response and evacuation procedures, including procedures to immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation (20 USC § 1092(f)(1)(J)). 4.Notify the Jeffersonville Police Department of criminal offenses reported to local law enforcement agencies to assist the institution in meeting its reporting requirements under the Clery Act (20 USC § 1092(f)(1)(F)). Jeffersonville Police Department Policy Manual Jeanne Clery Campus Security Act Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Jeanne Clery Campus Security Act - 416 5.Notify the Jeffersonville Police Department of criminal offenses reported to local law enforcement agencies to assist in making information available to the campus community in a timely manner and to aid in the prevention of similar crimes. Such disseminated information shall withhold the names of victims as confidential (20 USC § 1092(f)(3)). (c)Appoint a designee to develop programs that are designed to inform students and employees about campus security procedures and practices, and to encourage students and employees to be responsible for their own security and the security of others (20 USC § 1092(f)(1)(D)). (d)Appoint a designee to develop programs to inform students and employees about the prevention of crime (20 USC § 1092(f)(1)(E)). (e)Appoint a designee to develop educational programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault and stalking, and what to do if an offense occurs, including, but not limited to, who should be contacted, the importance of preserving evidence and to whom the alleged offense should be reported (20 USC § 1092(f)(8)(B)). The designee shall also develop written materials to be distributed to reporting persons that explain the rights and options provided for under 20 USC § 1092 (20 USC § 1092(f)(8)(C)). (f)Appoint a designee to make the appropriate notifications to institution staff regarding missing person investigations in order to ensure that the institution complies with the requirements of 34 CFR 668.46(h). 806.4 RECORDS COLLECTION AND RETENTION The Records Manager is responsible for maintaining Jeffersonville Police Department statistics and making reasonable good-faith efforts to obtain statistics from other law enforcement agencies as necessary to allow the institution to comply with its reporting requirements under the Clery Act (20 USC § 1092(f)(1)(F)). The statistics shall be compiled as follows: (a)Statistics concerning the occurrence of the following criminal offenses reported to this department or to local police agencies that occurred on campus, in or on non-campus buildings or property, and on public property including streets, sidewalks and parking facilities within the campus or immediately adjacent to and accessible from the campus (20 USC § 1092(f)(1)(F)(i); 34 CFR 668.46(c)): 1.Murder 2.Sex offenses, forcible or non-forcible 3.Robbery 4.Aggravated assault 5.Burglary Jeffersonville Police Department Policy Manual Jeanne Clery Campus Security Act Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Jeanne Clery Campus Security Act - 417 6.Motor vehicle theft 7.Manslaughter 8.Arson 9.Arrests or persons referred for campus disciplinary action for liquor law violations, drug-related violations and weapons possession 10.Dating violence, domestic violence and stalking (b)Statistics concerning the crimes described in the section above, theft, simple assault, intimidation, destruction, damage or vandalism of property, and other crimes involving bodily injury to any person where the victim was intentionally selected because of his/her actual or perceived race, sex, religion, gender, gender identity, sexual orientation, ethnicity or disability. These statistics should be collected and reported according to the category of prejudice (20 USC § 1092(f)(1)(F)(ii); 34 CFR 668.46(c)). (c)The statistics shall be compiled using the definitions in the FBI’s Uniform Crime Reporting (UCR) system and modifications made pursuant to the Hate Crime Statistics Act (20 USC § 1092(f)(7); 34 CFR 668.46(c)(9)). For the offenses of domestic violence, dating violence and stalking, such statistics shall be compiled in accordance with the definitions used in the Violence Against Women Act (20 USC § 1092(f)(7); 42 USC § 13925(a); 34 CFR 668.46(a)). The statistics will be categorized separately as offenses that occur (20 USC § 1092(f)(12); 34 CFR 668.46(c)(5)): 1.On campus. 2.In or on a non-campus building or property. 3.On public property. 4.In dormitories or other on-campus, residential or student facilities. (d)Statistics will be included by the calendar year in which the crime was reported to the Jeffersonville Police Department (34 CFR 668.46(c)(3)). (e)Stalking offenses will include a statistic for each year in which the stalking conduct is reported and will be recorded as occurring either at the first location where the stalking occurred or the location where the victim became aware of the conduct (34 CFR 668.46(c)(6)). (f)Statistics will include the three most recent calendar years (20 USC § 1092(f)(1)(F); 34 CFR 668.46(c)). (g)The statistics shall not identify victims of crimes or persons accused of crimes (20 USC § 1092(f)(7)). 806.4.1 CRIME LOG The Records Manager is responsible for ensuring a daily crime log is created and maintained as follows (20 USC § 1092(f)(4); 34 CFR 668.46(f)): Jeffersonville Police Department Policy Manual Jeanne Clery Campus Security Act Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Jeanne Clery Campus Security Act - 418 (a)The daily crime log will record all crimes reported to the Jeffersonville Police Department, including the nature, date, time and general location of each crime, and the disposition, if known. (b)All log entries shall be made within two business days of the initial report being made to the Department. (c)If new information about an entry becomes available, then the new information shall be recorded in the log not later than two business days after the information becomes available to the police department or security department. (d)The daily crime log for the most recent 60-day period shall be open to the public for inspection at all times during normal business hours. Any portion of the log that is older than 60 days must be made available within two business days of a request for public inspection. Information in the log is not required to be disclosed when: 1.Disclosure of the information is prohibited by law. 2.Disclosure would jeopardize the confidentiality of the victim. 3.There is clear and convincing evidence that the release of such information would jeopardize an ongoing criminal investigation or the safety of an individual, may cause a suspect to flee or evade detection, or could result in the destruction of evidence. In any of these cases, the information may be withheld until that damage is no longer likely to occur from the release of such information. 806.5 INFORMATION DISSEMINATION It is the responsibility of the Administration Assistant Chief to ensure that the required Clery Act disclosures are properly forwarded to campus administration and community members in accordance with institution procedures. This includes: (a)Procedures for providing emergency notification of crimes or other incidents and evacuations that might represent an imminent threat to the safety of students or employees (20 USC § 1092(f)(3); 34 CFR 668.46(e); 34 CFR 668.46(g)). (b)Procedures for notifying the campus community about crimes considered to be a threat to other students and employees in order to aid in the prevention of similar crimes. Such disseminated information shall withhold the names of victims as confidential (20 USC § 1092(f)(3)). (c)Information necessary for the institution to prepare its annual security report (20 USC § 1092(f)(1); 34 CFR 668.46(b)). This report will include, but is not limited to: 1.Crime statistics and the policies for preparing the crime statistics. 2.Crime and emergency reporting procedures, including the responses to such reports. 3.Policies concerning security of and access to campus facilities. Jeffersonville Police Department Policy Manual Jeanne Clery Campus Security Act Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Jeanne Clery Campus Security Act - 419 4.Crime, dating violence, domestic violence, sexual assault and stalking awareness and prevention programs, including: (a)Procedures victims should follow. (b)Procedures for protecting the confidentiality of victims and other necessary parties. 5.Enforcement policies related to alcohol and illegal drugs. 6.Locations where the campus community can obtain information about registered sex offenders. 7.Emergency response and evacuation procedures. 8.Missing student notification procedures. 9.Information addressing the jurisdiction and authority of campus security including any working relationships and agreements between campus security personnel and both state and local law enforcement agencies. Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Custody - 420 Chapter 9 - Custody Policy 900 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Temporary Custody of Adults - 421 Temporary Custody of Adults 900.1 PURPOSE AND SCOPE This policy provides guidelines to address the health and safety of adults taken into temporary custody by members of the Jeffersonville Police Department, for processing prior to being released or transferred to a housing or other type of facility. Temporary custody of juveniles is addressed in the Temporary Custody of Juveniles Policy. Juveniles will not be permitted where adults in custody are being held. Custodial searches are addressed in the Custodial Searches Policy. 900.1.1 DEFINITIONS Definitions related to this policy include: Holding area - Any locked enclosure for the custody of an adult or any other enclosure that prevents the occupants from being directly visually monitored at all times by a member of the department. Safety checks - Direct, visual observation by a member of this department performed at random intervals, within time frames prescribed in this policy, to provide for the health and welfare of adults in temporary custody Temporary custody - The period an adult is in custody at the Jeffersonville Police Department for interviewing, investigating or processing prior to being released or transported to a housing or other type of facility. 900.2 POLICY The Jeffersonville Police Department is committed to releasing adults from temporary custody as soon as reasonably practicable, and to keeping adults safe while in temporary custody at the Department. Adults should be in temporary custody only for as long as reasonably necessary for investigation, processing, transfer or release. 900.3 GENERAL CRITERIA AND SUPERVISION No adult should be in temporary custody for longer than reasonably necessary to complete any interviewing, investigating, processing or transferring. 900.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY Individuals who exhibit certain behaviors or conditions should not be in temporary custody at the Jeffersonville Police Department, but should be transported to a jail facility, a medical facility or other type of facility as appropriate. These include: (a)Any individual who is unconscious or has been unconscious while being taken into custody or while being transported. (b)Any individual who has a medical condition, including pregnancy, that may require medical attention, supervision or medication while in temporary custody. Jeffersonville Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Temporary Custody of Adults - 422 (c)Any individual who is seriously injured. (d)Individuals who are a suspected suicide risk (see the Involuntary Detention Policy). 1.If the officer taking custody of an individual believes that he/she may be a suicide risk, the officer shall ensure continuous direct supervision until evaluation, release or a transfer to an appropriate facility is completed. (e)Individuals who are obviously in crisis, as defined in the Crisis Intervention Incidents Policy. (f)Individuals who are under the influence of alcohol, a controlled substance or any substance to the degree that may require medical attention, or who have ingested any substance that poses a significant risk to their health, whether or not they appear intoxicated. (g)Any individual who has exhibited extremely violent or continuously violent behavior. (h)Any individual who has claimed, is known to be afflicted with, or displays symptoms of any communicable disease that poses an unreasonable exposure risk. (i)Any individual with a prosthetic or orthopedic device where removal of the device would be injurious to his/her health or safety. Officers taking custody of a person who exhibits any of the above conditions should notify a supervisor of the situation. These individuals should not be in temporary custody at the Department unless they have been evaluated by a qualified medical or mental health professional, as appropriate for the circumstances. 900.3.2 SUPERVISION IN TEMPORARY CUSTODY An authorized department member capable of supervising shall be present at all times when an individual is held in temporary custody. The member responsible for supervising should not have other duties that could unreasonably conflict with his/her supervision. Any individual in custody must be able to summon the supervising member if needed. If the person in custody is deaf or hard of hearing or cannot speak, accommodations shall be made to provide this ability. Where feasible, at least one female department member should be present when a female adult is in temporary custody. In the event that none is readily available, the female in custody should be transported to another facility or released pursuant to another lawful process. No individual in custody shall be permitted to supervise, control or exert any authority over other individuals in custody. 900.3.3 ENTRY RESTRICTIONS Entry into any location where a person is held in custody should be restricted to: (a)Authorized members entering for official business purposes. (b)Emergency medical personnel when necessary. When practicable, more than one authorized member should be present for entry into a location where a person is held in custody for security purposes and to witness interactions. Jeffersonville Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Temporary Custody of Adults - 423 900.4 INITIATING TEMPORARY CUSTODY The officer responsible for an individual in temporary custody should evaluate the person for any apparent chronic illness, disability, vermin infestation, possible communicable disease or any other potential risk to the health or safety of the individual or others. The officer should specifically ask if the individual is contemplating suicide and evaluate him/her for obvious signs or indications of suicidal intent. If there is any suspicion that the individual may be suicidal, he/she shall be transported to the City jail or the appropriate mental health facility. The officer should promptly notify the Uniform Patrol Commander of any conditions that may warrant immediate medical attention or other appropriate action. The Uniform Patrol Commander shall determine whether the individual will be placed in a cell, immediately released or transported to jail or another facility. 900.4.1 SCREENING AND PLACEMENT The officer responsible for an individual in custody shall: (a)Advise the supervising officer of any significant risks presented by the individual (e.g., suicide risk, health risk, violence). (b)Avoid placing an adult in a holding area with another adult unless no other holding area is available. When such placement is necessary, members shall: 1.Consider whether the individual may be at a high risk of being sexually abused based on all available known information (28 CFR 115.141), or whether the person is facing any other identified risk. 2.Provide an individual identified as being at a high risk for sexual or other victimization with heightened protection. This may include (28 CFR 115.113; 28 CFR 115.141): (a)Continuous, direct sight and sound supervision. (b)Placement in a holding area that is actively monitored on video or direct supervision by a member who is available to immediately intervene. 3.Ensure individuals are separated according to severity of the crime (e.g., felony or misdemeanor). 4.Ensure males and females are separated by sight and sound when in holding areas. 5.Ensure restrained individuals are not placed inholding areas with unrestrained individuals. (c)Ensure that those in the facility for civil process or for civil causes are kept separate from those who are in temporary custody pending criminal charges. (d)Ensure separation, as appropriate, based on other factors, such as age, criminal sophistication, assaultive/non-assaultive behavior, mental state, disabilities and sexual orientation. Jeffersonville Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Temporary Custody of Adults - 424 900.4.2 CONSULAR NOTIFICATION Consular notification may be mandatory when certain foreign nationals are arrested. The Uniform Assistant Chief will ensure that the U.S. Department of State’s list of countries and jurisdictions that require mandatory notification is readily available to department members. There should also be a published list of foreign embassy and consulate telephone and fax numbers, as well as standardized notification forms that can be transmitted and then retained for documentation. Prominently displayed signs informing foreign nationals of their rights related to consular notification should also be posted in areas used for the temporary custody of adults. Department members assigned to process a foreign national shall: (a)Inform the individual, without delay, that he/she may have his/her consular officers notified of the arrest or detention and may communicate with them. 1.This notification should be documented. (b)Determine whether the foreign national’s country is on the U.S. Department of State’s mandatory notification list. 1.If the country is on the mandatory notification list, then: (a)Notify the country’s nearest embassy or consulate of the arrest or detention by fax or telephone. (b)Tell the individual that this notification has been made and inform him/her without delay that he/she may communicate with consular officers. (c)Forward any communication from the individual to his/her consular officers without delay. (d)Document all notifications to the embassy or consulate and retain the faxed notification and any fax confirmation for the individual’s file. 2.If the country is not on the mandatory notification list and the individual requests that his/her consular officers be notified, then: (a)Notify the country’s nearest embassy or consulate of the arrest or detention by fax or telephone. (b)Forward any communication from the individual to his/her consular officers without delay. 900.5 SAFETY, HEALTH AND OTHER PROVISIONS 900.5.1 TEMPORARY CUSTODY DOCUMENTATION Any time an individual is in temporary custody at the Jeffersonville Police Department, the custody shall be properly documented in reporting documents, including: (a)Identifying information about the individual, including his/her name. (b)Date and time of arrival at the Department. Jeffersonville Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Temporary Custody of Adults - 425 (c)Any charges for which the individual is in temporary custody and any case number. In some designated cases further documentation may be required for individuals in temporary custody, including but not limited to: (a)Custody logs. (b)Identifying information about the individual, including his/her name. (c)Date and time of arrival at the Department. (d)Time of all safely checks (e)Any medical and other screening requested and completed. (f)Any emergency situations or unusual incidents. (g)Any other information that may be required by other authorities, such as compliance inspectors. (h)Date and time of release from the Jeffersonville Police Department. The Uniform Patrol Commander should initial the log to approve the temporary custody and should also initial the log when the individual is released from custody or transferred to another facility. The Uniform Patrol Commander should make periodic checks to ensure all log entries and safety and security checks are made on time. 900.5.2 TEMPORARY CUSTODY REQUIREMENTS Members monitoring or processing anyone in temporary custody shall ensure: (a)Safety checks and significant incidents/activities are noted on the log, when required. (b)Individuals in custody are informed that they will be monitored at all times, except when using the toilet. 1.There shall be no viewing devices, such as peep holes or mirrors, of which the individual is not aware. 2.This does not apply to surreptitious and legally obtained recorded interrogations. (c)There is reasonable access to toilets and wash basins. (d)There is reasonable access to a drinking fountain or water. (e)There are reasonable opportunities to stand and stretch, particularly if handcuffed or otherwise restrained. (f)There is privacy during attorney visits. (g)Those in temporary custody are generally permitted to remain in their personal clothing unless it is taken as evidence or is otherwise unsuitable or inadequate for continued wear while in custody. Jeffersonville Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Temporary Custody of Adults - 426 (h)Clean blankets are provided as reasonably necessary to ensure the comfort of an individual. 1.The supervisor should ensure that there is an adequate supply of clean blankets. (i)Adequate shelter, heat, light and ventilation are provided without compromising security or enabling escape. (j)Adequate furnishings are available, including suitable chairs or benches. 900.5.3 MEDICAL CARE First-aid equipment and basic medical supplies should be available to department members. At least one member who has current certification in basic first aid and CPR should be on-duty at all times. Should a person in custody be injured or become ill, appropriate medical assistance should be sought. A supervisor should meet with those providing medical aid at the facility to allow access to the person. Members shall comply with the opinion of medical personnel as to whether an individual in temporary custody should be transported to the hospital. If the person is transported while still in custody, he/she will be accompanied by an officer. Those who require medication while in temporary custody should not be at the Jeffersonville Police Department. They should be released or transferred to another facility as appropriate. 900.5.4 ORTHOPEDIC OR PROSTHETIC APPLIANCE Subject to safety and security concerns, individuals shall be permitted to retain an orthopedic or prosthetic appliance. However, if the appliance presents a risk of bodily harm to any person or is a risk to the security of the facility, the appliance may be removed from the individual unless its removal would be injurious to his/her health or safety. Whenever a prosthetic or orthopedic appliance is removed, the supervising officer shall be promptly apprised of the reason. It shall be promptly returned when it reasonably appears that any risk no longer exists. 900.5.5 TELEPHONE CALLS Every individual in temporary custody should be allowed to make a reasonable number of completed telephone calls as soon as possible after arrival. (a)Telephone calls may be limited to local calls, except that long-distance calls may be made by the individual at his/her own expense. 1.The Department should pay the cost of any long-distance calls related to arranging for the care of a child or dependent adult (see Child and Dependent Adult Safety Policy). (b)The individual should be given sufficient time to contact whomever he/she desires and to make any necessary arrangements, including child or dependent adult care, or transportation upon release. Jeffersonville Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Temporary Custody of Adults - 427 1.Telephone calls are not intended to be lengthy conversations. The member assigned to monitor or process the individual may use his/her judgment in determining the duration of the calls. (c)Calls between an individual in temporary custody and his/her attorney shall be deemed confidential and shall not be monitored, eavesdropped upon or recorded. 900.6 USE OF RESTRAINT DEVICES Individuals in custody may be handcuffed in accordance with the Handcuffing and Restraints Policy. Unless an individual presents a heightened risk, handcuffs should generally be removed when the person is in a cell. The use of restraints, other than handcuffs or leg irons, generally should not be used for individuals in temporary custody at the Jeffersonville Police Department unless the person presents a heightened risk, and only in compliance with the Handcuffing and Restraints Policy. Individuals in restraints shall be kept away from other unrestrained individuals in custody and monitored to protect them from abuse. 900.6.1 PREGNANT ADULTS Women who are known to be pregnant should be restrained in accordance with the Handcuffing and Restraints Policy. 900.7 PERSONAL PROPERTY The personal property of an individual in temporary custody should be removed, inventoried and processed as provided in the Custodial Searches Policy, unless the individual requests a different disposition. For example, an individual may request property (e.g., cash, car or house keys, medications) be released to another person. If the individual in temporary custody releases his property to another individual, it should be documented. Upon release of an individual from temporary custody, his/her items of personal property shall be compared with the inventory, and he/she shall sign a receipt for the property's return. If the individual is transferred to another facility or court, the member transporting the individual is required to obtain the receiving person’s signature as notice of receipt. The Department shall maintain a copy of the property receipt. The Uniform Patrol Commander shall be notified whenever an individual alleges that there is a shortage or discrepancy regarding his/her property. The Uniform Patrol Commander shall attempt to prove or disprove the claim. 900.8 HOLDING AREAS A thorough inspection of a holding area shall be conducted before placing an individual into the holding area to ensure there are no weapons or contraband and that the holding area is clean and sanitary. An inspection also should be conducted when he/she is released. Any damage noted to the holding area should be photographed and documented. Jeffersonville Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Temporary Custody of Adults - 428 The following requirements shall apply: (a)The individual shall be searched (see the Custodial Searches Policy) and anything that could create a security or suicide risk, such as contraband, hazardous items, belts, shoes or shoelaces, and jackets, shall be removed. (b)The individual shall constantly be monitored by an audio/video system during the entire custody. (c)The individual shall have constant auditory access to department members. (d)The individual’s initial placement into and removal from a locked enclosure shall be documented. (e)Safety checks by department members shall occur no less than every 15 minutes. 1.Safety checks should be at varying times. 2.All safety checks shall be logged. when required. 3.The safety check should involve questioning the individual as to his/her well-being. 4.Individuals who are sleeping or apparently sleeping should be awakened. 5.Requests or concerns of the individual should be logged. 900.9 SUICIDE ATTEMPT, DEATH OR SERIOUS INJURY The Uniform Assistant Chief will ensure procedures are in place to address any suicide attempt, death or serious injury of any individual in temporary custody at the Jeffersonville Police Department. The procedures should include: (a)Immediate request for emergency medical assistance if appropriate. (b)Immediate notification of the Uniform Patrol Commander, Chief of Police and Investigations/ Operations Assistant Chief. (c)Notification of the spouse, next of kin or other appropriate person. (d)Notification of the appropriate prosecutor. (e)Notification of the City Attorney. (f)Notification of the Coroner. (g)Evidence preservation. 900.10 RELEASE AND/OR TRANSFER When an individual is released or transferred from custody, the member releasing the individual should ensure the following: (a)All proper reports, forms and logs have been completed. Jeffersonville Police Department Policy Manual Temporary Custody of Adults Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Temporary Custody of Adults - 429 (b)A check has been made to ensure that the individual is not reported as missing and does not have outstanding warrants. (c)It has been confirmed that the correct individual is being released or transported. (d)All property, except evidence, contraband or dangerous weapons, has been returned to, or sent with, the individual. (e)All pertinent documentation accompanies the individual being transported to another facility (copies of booking forms, medical records, warrant copies). (f)The individual is not permitted in any nonpublic areas of the Jeffersonville Police Department unless escorted by a member of the Department. (g)Any known threat or danger the individual may pose (escape risk, suicide potential, medical condition) is documented if he/she is being sent to another facility. 1.The department member transporting the individual shall ensure such risks are communicated to intake personnel at the other facility. (h)Generally, persons of the opposite sex, or adults and juveniles, should not be transported in the same vehicle unless they are physically separated by a solid barrier. If segregating individuals is not practicable, officers should be alert to inappropriate physical or verbal contact and take appropriate action as necessary. (i)Transfers between facilities or other entities, such as a hospital, should be accomplished with a custodial escort of the same sex, if possible as the person being transferred to assist with his/her personal needs as required. 900.11 ASSIGNED ADMINISTRATOR The Operations Commander or his/her designee will ensure any reasonably necessary supplemental procedures are in place to address the following issues: (a)General security (b)Key control (c)Sanitation and maintenance (d)Emergency medical treatment (e)Escapes (f)Evacuation plans (g)Fire and life-safety (h)Disaster plans (i)Building and safety code compliance 900.12 TRAINING Department members should be trained and familiar with this policy and any supplemental procedures. Policy 901 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Temporary Custody of Juveniles - 430 Temporary Custody of Juveniles 901.1 PURPOSE AND SCOPE This policy provides guidelines consistent with the Juvenile Justice and Delinquency Prevention Act for juveniles taken into temporary custody by members of the Jeffersonville Police Department (42 USC § 5633). 901.1.1 DEFINITIONS Definitions related to this policy include: Juvenile non-offender - An abused, neglected, dependent or alien juvenile who may be legally held for his/her own safety or welfare. This also includes any juvenile who may have initially been contacted for an offense that would not subject an adult to arrest (e.g., fine-only offense) but was taken into custody for his/her protection or for purposes of reuniting the juvenile with a parent, guardian or other responsible person. Juvenile offender - A juvenile 17 years of age or younger who is alleged to have committed an offense that would subject an adult to arrest (a non-status offense) (I.C. § 31-37-1-2). It also includes an offense for possession of a handgun (I.C. § 35-47-10-5; 28 CFR 31.303). Non-secure custody - When a juvenile is held in the presence of an officer or other department member at all times and is not placed in a locked room, or behind any locked doors. Juveniles in non-secure custody may be handcuffed but not to a stationary or secure object. Personal supervision through direct visual monitoring and audio two-way communication is maintained. Monitoring through electronic devices, such as video, does not replace direct visual observation. Safety checks - Direct visual observation by a member of this department performed at random intervals, within time frames prescribed in this policy, to provide for the health and welfare of juveniles in temporary custody. Secure custody - When a juvenile offender is held in a locked room, a set of rooms or a. Secure custody also includes being physically secured to a stationary object. Examples of secure custody include: (a)A juvenile left alone in an unlocked room within a holding area. (b)A juvenile handcuffed to a rail. (c)A juvenile placed in a room that contains doors with delayed egress devices that have a delay of more than 30 seconds. (d)A juvenile being processed in a secure holding area when a non-secure holding area is available. (e)A juvenile left alone in a secure holding area after being photographed and fingerprinted. Sight and sound separation - Located or arranged to prevent physical, visual or auditory contact. Jeffersonville Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Temporary Custody of Juveniles - 431 Status offender - A juvenile suspected of committing a criminal violation of the law that would not be a criminal violation but for the age of the offender. Examples may include running away, underage possession of tobacco, curfew violation and truancy. A juvenile in custody on a court order or warrant based upon a status offense is also a status offender. 901.2 POLICY The Jeffersonville Police Department is committed to releasing juveniles from temporary custody as soon as reasonably practicable and to keeping juveniles safe while in temporary custody at the Department. Juveniles should be held in temporary custody only for as long as reasonably necessary for interviewing, investigating, processing, transfer or release. 901.3 JUVENILES WHO SHOULD NOT BE HELD Juveniles who exhibit certain behaviors or conditions should not be held at the Jeffersonville Police Department. These include: (a)Unconsciousness or having been unconscious while being taken into custody or transported. (b)Serious injuries or a medical condition requiring immediate medical attention. (c)A suspected suicide risk or showing obvious signs of severe emotional or mental disturbance (see the Involuntary Detentions Policy). 1.If the officer taking custody of a juvenile believes that he/she may be a suicide, risk, the officer shall ensure continuous direct supervision until evaluation, release or transfer to an appropriate facility is completed. (d)Significant intoxication or showing signs of having ingested any substance that poses a significant risk to their health, whether or not they appear intoxicated. (e)Extremely violent or continuously violent behavior. (f)Afflicted with, or displaying symptoms of, a communicable disease that poses an unreasonable exposure risk. Officers taking custody of a juvenile exhibiting any of the above conditions should take reasonable steps to provide medical attention or mental health assistance and should notify a supervisor of the situation. These juveniles should not be held at the Department unless they have been evaluated by a qualified medical or mental health professional, as appropriate for the circumstances. 901.4 CUSTODY OF JUVENILES Officers should take custody of a juvenile and temporarily hold the juvenile at the Jeffersonville Police Department when there is no other lawful and practicable alternative to temporary custody. Refer to the Child Abuse Policy for additional information regarding detaining a juvenile who is suspected of being a victim. Jeffersonville Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Temporary Custody of Juveniles - 432 No juvenile should be held in temporary custody at the Department without authorization of the arresting officer's supervisor or the Uniform Patrol Commander. Juveniles taken into custody shall be held in non-secure custody unless otherwise authorized by this policy. Any juvenile taken into custody shall be released to the care of the juvenile’s parent, legal guardian or other responsible adult or transferred to a juvenile custody facility or to other authority as soon as practicable. In no event shall a juvenile be held beyond six hours from the time of his/her entry into the Department (42 USC § 5633; I.C. § 31-37-7-2). 901.4.1 CUSTODY OF JUVENILE NON-OFFENDERS Non-offenders taken into protective custody in compliance with the Child Abuse Policy should generally not be held at the Jeffersonville Police Department. Custodial arrangements should be made for non-offenders as soon as reasonably possible. Juvenile non-offenders may not be held in secure custody (42 USC § 5633). 901.4.2 CUSTODY OF JUVENILE STATUS OFFENDERS Status offenders should generally be released by citation or with a warning rather than taken into temporary custody. However, officers may take custody of a status offender if requested to do so by a parent or legal guardian in order to facilitate reunification (e.g., transported home or to the station to await a parent). Juvenile status offenders may not be held in secure custody (42 USC § 5633). 901.4.3 CUSTODY OF JUVENILE OFFENDERS Juvenile offenders should be held in non-secure custody while at the Jeffersonville Police Department unless another form of custody is authorized by this policy or is necessary due to exigent circumstances. Juvenile offenders may be taken into custody under the following circumstances: (a)Pursuant to a court order (I.C. § 31-37-4-1). (b)When the officer has probable cause to believe that the juvenile has committed an act that would subject an adult to an arrest (I.C. § 31-37-1-2; I.C. § 31-37-4-2). 901.5 ADVISEMENTS When a juvenile is taken into custody for an offense that would warrant the arrest of an adult, the officer should notify the superintendent of the school district in which the juvenile is enrolled, or if the juvenile is enrolled in a private school, the chief administrative officer of the juvenile’s school, within 48 hours. The officer should notify the school official of the reasons the juvenile was taken into custody, but may not disclose information that is confidential under state or federal law (I.C. § 31-37-4-3). 901.6 JUVENILE CUSTODY LOGS Any time a juvenile is in temporary custody at the Jeffersonville Police Department, the custody shall be promptly and properly documented in the juvenile custody log, including: Jeffersonville Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Temporary Custody of Juveniles - 433 (a)Identifying information about the juvenile. (b)Date and time of arrival and release from the Department. (c)Supervising officer notification and approval to temporarily hold the juvenile. (d)Any charges for which the juvenile is being held and classification of the juvenile as a juvenile offender, status offender or non-offender. (e)Any changes in status (e.g., emergency situations, unusual incidents). (f)Time of all safety checks. (g)Any medical and other screening requested and completed. (h)Circumstances that justify any secure custody. (i)Any other information that may be required by other authorities, such as compliance inspectors or a local juvenile court authority. 901.7 NO-CONTACT REQUIREMENTS Sight and sound separation shall be maintained between all juveniles and adults while in custody at the Jeffersonville Police Department (42 USC § 5633; I.C. § 31-37-7-2). There should also be sight and sound separation between non-offenders and juvenile and status offenders. In situations where brief or accidental contact may occur (e.g., during the brief time a juvenile is being fingerprinted and/or photographed in booking), a member of the Department shall maintain a constant, immediate, side-by-side presence with the juvenile or the adult to minimize any contact. If inadvertent or accidental contact does occur, reasonable efforts shall be taken to end the contact. 901.8 TEMPORARY CUSTODY REQUIREMENTS Members and supervisors assigned to monitor or process any juvenile at the Jeffersonville Police Department shall ensure: (a)The Chief of Detectives, or designee is notified if it is anticipated that a juvenile may need to remain at the Department more than six hours. This will enable the Chief of Detectives, or designee to ensure no juvenile is held at the Department no more than reasonably necessary to interview, investigate, process or transfer from the Department. (b)Safety checks and significant incidents/activities are noted on the log. (c)Juveniles in custody are informed that they will be monitored at all times, except when using the toilet. 1.There shall be no viewing devices, such as peep holes or mirrors, of which the juvenile is not aware. 2.This does not apply to surreptitious and legally obtained recorded interrogations. Jeffersonville Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Temporary Custody of Juveniles - 434 (d)A member of the same sex will supervise activities, such as changing clothing or using the restroom, without direct observation to allow for privacy. (e)There is reasonable access to toilets and wash basins. (f)There is reasonable access to a drinking fountain or water. (g)Food is provided if a juvenile has not eaten within the past six hours or is otherwise in need of nourishment, including any special diet required for the health of the juvenile. (h)There are reasonable opportunities to stand and stretch, particularly if handcuffed or otherwise restrained. (i)There is privacy during family, guardian and/or attorney visits. (j)Juveniles are generally permitted to remain in their personal clothing unless it is taken as evidence or is otherwise unsuitable or inadequate for continued wear while in custody. (k)Adequate shelter, heat, light and ventilation are provided without compromising security or enabling escape. (l)Adequate furnishings are available, including suitable chairs or benches. (m)Discipline is not administered to any juvenile, nor will juveniles be subjected to corporal or unusual punishment, humiliation or mental abuse. 901.9 USE OF RESTRAINT DEVICES Juvenile offenders may be handcuffed in accordance with the Handcuffing and Restraints Policy. A juvenile offender may be handcuffed at the Jeffersonville Police Department when the juvenile presents a heightened risk. However, non-offenders and status offenders should not be handcuffed unless they are combative or threatening. Other restraints shall only be used after less restrictive measures have failed and with the approval of the Uniform Patrol Commander, or designee. Restraints shall only be used so long as it reasonably appears necessary for the juvenile's protection or the protection of others. Juveniles in restraints shall be kept away from other unrestrained individuals in custody and monitored to protect them from abuse. 901.9.1 PREGNANT JUVENILES Juveniles who are known to be pregnant should be restrained in accordance with the Handcuffing and Restraints Policy. 901.10 PERSONAL PROPERTY The personal property of a juvenile shall be processed in the same manner as an adult in temporary custody (see the Temporary Custody of Adults Policy). Jeffersonville Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Temporary Custody of Juveniles - 435 901.11 SECURE CUSTODY Only juvenile offenders 14 years of age or older may be placed in secure custody. Uniform Patrol Commander approval is required before placing a juvenile offender in secure custody. Secure custody should only be used for juvenile offenders when there is a reasonable belief that the juvenile is a serious risk of harm to him/herself or others. Members of this department should not use secure custody for convenience when non-secure custody is, or later becomes, a reasonable option. When practicable, handcuffing one hand of a juvenile offender to a fixed object while otherwise maintaining the juvenile in non-secure custody should be considered as the method of secure custody. A member must be present at all times to ensure the juvenile’s safety while secured to a stationary object. Generally, juveniles should not be secured to a stationary object for more than 60 minutes. Supervisor approval is required to secure a juvenile to a stationary object for longer than 60 minutes and every 30 minutes thereafter. Supervisor approval should be documented. 901.11.1 LOCKED ENCLOSURES A thorough inspection of the area shall be conducted before placing a juvenile into the locked enclosure to ensure there are no weapons or contraband and that the area is clean and sanitary. An inspection should be conducted when he/she is released. Any damage noted to the area should be photographed and documented. The following requirements shall apply: (a)Anything that could create a security or suicide risk, such as contraband, hazardous items, belts, shoes or shoelaces, and jackets, shall be removed. (b)The juvenile shall constantly be monitored by an audio/video system and/or direct visual observation during the entire temporary custody. (c)The juvenile shall have constant auditory access to department members. (d)The juvenile’s initial placement into and removal from a locked enclosure shall be logged. (e)Unscheduled safety checks by department members shall occur no less than every 15 minutes. 1.All safety checks shall be logged. 2.The safety check should involve questioning the juvenile as to his/her well-being. 3.Juveniles who are sleeping or apparently sleeping should be awakened. 4.Requests or concerns of the juvenile should be logged. (f)Males and females shall not be placed in the same locked room. (g)Juvenile offenders should be separated according to severity of the crime (e.g., felony or misdemeanor). Jeffersonville Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Temporary Custody of Juveniles - 436 (h)Restrained juveniles shall not be placed in a holding area or room with unrestrained juveniles. 901.12 SUICIDE ATTEMPT, DEATH OR SERIOUS INJURY The Uniform Assistant Chief will ensure procedures are in place to address any suicide attempt, death or serious injury of any juvenile held at the Jeffersonville Police Department. The procedures should include the following: (a)Immediate request for emergency medical assistance if appropriate. (b)Immediate notification of the Uniform Patrol Commander, Chief of Police and Investigations/ Operations Assistant Chief (c)Notification of the parent, guardian or person standing in loco parentis of the juvenile (d)Notification of the appropriate prosecutor (e)Notification of the City Attorney (f)Notification of the Coroner (g)Notification of the juvenile court (h)Evidence preservation 901.13 INTERVIEWING OR INTERROGATING No interview or interrogation of a juvenile should occur unless the juvenile has the apparent capacity to consent, and does consent, to an interview or interrogation. Also that an attorney, parent or guardian with no interest adverse to the child has been advised of the reason the juvenile has been taken into custody, and has consented to the interview or interrogation. The juvenile must also knowingly and voluntarily consent to the interview or interrogation (I.C. § 31-32-5-1). 901.13.1 RECORDING INTERROGATIONS Custodial interrogations of juveniles that take place at the Jeffersonville Police Department or other place of detention shall be audio and video recorded (Ind. Evid. R. 617; I.C. § 31-30.5-1-2). Audio-only recording is permitted when the interrogation occurs at a non-detention location (e.g., home, school) (I.C. § 31-30.5-1-3). Recordings shall be retained as required by I.C. § 31-30.5-1-4. 901.14 RESTRICTION ON FINGERPRINTING AND PHOTOGRAPHING A juvenile offender may be fingerprinted or photographed if he/she was taken into custody for an offense that would be a felony if committed by an adult and was at least 14 years of age when the offense was committed (I.C. § 31-39-5-1). The fingerprints and photographs will be maintained separately from those of adults (I.C. § 31-39-5-2). The officer who takes the juvenile’s fingerprints or photographs shall notify the juvenile’s parent, guardian or custodian, in writing, of the juvenile’s rights to request that fingerprints or photographs be destroyed or delivered to the juvenile in accordance with I.C. § 31-39-5-4. The department Jeffersonville Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Temporary Custody of Juveniles - 437 shall comply with any such request within 60 days if the conditions in I.C. § 31-39-5-4 are satisfied (I.C. § 31-39-5-5). 901.15 TRAINING Department members should be trained on and familiar with this policy and any supplemental procedures. Training should specifically include the school notification requirements set forth in I.C. § 31-37-4-3. Policy 902 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Custodial Searches - 438 Custodial Searches 902.1 PURPOSE AND SCOPE This policy provides guidance regarding searches of individuals in custody. Such searches are necessary to eliminate the introduction of contraband, intoxicants or weapons into the Jeffersonville Police Department facility. Such items can pose a serious risk to the safety and security of department members, individuals in custody, contractors and the public. Nothing in this policy is intended to prohibit the otherwise lawful collection of evidence from an individual in custody. 902.1.1 DEFINITIONS Definitions related to this policy include: Custody search - An in-custody search of an individual and of his/her property, shoes and clothing, including pockets, cuffs and folds on the clothing, to remove all weapons, dangerous items and contraband. Physical body cavity search - A search that includes a visual inspection and may include a physical intrusion into a body cavity. Body cavity means the stomach or rectal cavity of an individual, and the vagina of a female person. Strip search - A search that requires an individual to remove or rearrange some or all of his/her clothing to permit a visual inspection of the underclothing, breasts, buttocks, anus or outer genitalia. This includes monitoring an individual who is changing clothes, where his/her underclothing, buttocks, genitalia or female breasts are visible. 902.2 POLICY All searches shall be conducted with concern for safety, dignity, courtesy, respect for privacy and hygiene, and in compliance with policy and law to protect the rights of those who are subject to any search. Searches shall not be used for intimidation, harassment, punishment or retaliation. 902.3 FIELD AND TRANSPORTATION SEARCHES An officer should conduct a custody search of an individual immediately after his/her arrest, when receiving an individual from the custody of another, and before transporting a person who is in custody in any department vehicle. Whenever practicable, a custody search should be conducted by an officer of the same sex as the person being searched. If an officer of the same sex is not reasonably available, a witnessing officer should be present during the search. Jeffersonville Police Department Policy Manual Custodial Searches Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Custodial Searches - 439 902.4 SEARCHES AT POLICE FACILITIES Custody searches shall be conducted on all individuals in custody, upon entry to the Jeffersonville Police Department facilities. Except in exigent circumstances, the search should be conducted by a member of the same sex as the individual being searched. If a member of the same sex is not available, a witnessing member must be present during the search. Custody searches should also be conducted any time an individual in custody enters or re-enters a secure area, or any time it is reasonably believed that a search is necessary to maintain the safety and security of the facility. 902.4.1 PROPERTY Members shall take reasonable care in handling the property of an individual in custody to avoid discrepancies or losses. Property retained for safekeeping shall be kept in a secure location until the individual is released or transferred. Some property may not be accepted by a facility or agency that is taking custody of an individual from this department, such as weapons or large items. 902.4.2 VERIFICATION OF MONEY All money shall be counted in front of the individual from whom it was received.All amounts shall be documented by subsequent reports or property sheets.The individual shall initial the dollar amount on the inventory. 902.5 STRIP SEARCHES No individual in temporary custody at any Jeffersonville Police Department facility shall be subjected to a strip search unless there is reasonable suspicion based upon specific and articulable facts to believe the individual has a health condition requiring immediate medical attention or is concealing a weapon or contraband (210 I.A.C. 3-1-13). Factors to be considered in determining reasonable suspicion include, but are not limited to: (a)The detection of an object during a custody search that may be a weapon or contraband and cannot be safely retrieved without a strip search. (b)Circumstances of a current arrest that specifically indicate the individual may be concealing a weapon or contraband. 1.A felony arrest charge or being under the influence of a controlled substance should not suffice as reasonable suspicion absent other facts. (c)Custody history (e.g., past possession of contraband while in custody, assaults on department members, escape attempts). (d)The individual’s actions or demeanor. (e)Criminal history (i.e., level of experience in a custody setting). No transgender or intersex individual shall be searched or examined for the sole purpose of determining the individual’s genital status. If the individual’s genital status is unknown, it may be Jeffersonville Police Department Policy Manual Custodial Searches Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Custodial Searches - 440 determined during conversations with the person, by reviewing medical records, or as a result of a broader medical examination conducted in private by a medical practitioner (28 CFR 115.115). 902.5.1 STRIP SEARCH PROCEDURES Strip searches at Jeffersonville Police Department facilities shall be conducted as follows (28 CFR 115.115): (a) Authorization from the Uniform Patrol Commander shall be obtained prior to the strip search. (b)All members involved with the strip search shall be of the same sex as the individual being searched, unless the search is conducted by a medical practitioner. (c)All strip searches shall be conducted in a professional manner under sanitary conditions and in a secure area of privacy so that the search cannot be observed by those not participating in the search. The search shall not be reproduced through a visual or sound recording. (d)A second member of the same sex shall also be present during the search, for security and as a witness to the finding of evidence. (e)Members conducting a strip search shall not touch the breasts, buttocks or genitalia of the individual being searched. (f)The primary member conducting the search shall prepare a written report to include: 1.The facts that led to the decision to perform a strip search. 2.The reasons less intrusive methods of searching were not used or were insufficient. 3.The name of the Officer in Command authorizing the search. 4.The name of the individual who was searched. 5.The name and sex of the members who conducted the search. 6.The name, sex and role of any person present during the search. 7.The time and date of the search. 8.The place at which the search was conducted. 9.A list of the items, if any, that were recovered. 10.The facts upon which the member based his/her belief that the individual was concealing a weapon or contraband. (g)No member should view an individual's private underclothing, buttocks, genitalia or female breasts while that individual is performing bodily functions or changing clothes, unless he/ she otherwise qualifies for a strip search. 902.5.2 SPECIAL CIRCUMSTANCE FIELD STRIP SEARCHES A strip search may be conducted in the field only with Uniform Patrol Commander authorization and only in exceptional circumstances, such as when: Jeffersonville Police Department Policy Manual Custodial Searches Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Custodial Searches - 441 (a)There is probable cause to believe that the individual is concealing a weapon or other dangerous item that cannot be recovered by a more limited search. (b)There is probable cause to believe that the individual is concealing controlled substances or evidence that cannot be recovered by a more limited search, and there is no reasonable alternative to ensure the individual cannot destroy or ingest the substance during transportation. These special-circumstance field strip searches shall only be authorized and conducted under the same restrictions as the strip search procedures in this policy, except that the Uniform Patrol Commander authorization does not need to be in writing. 902.6 PHYSICAL BODY CAVITY SEARCH Physical body cavity searches shall be subject to the following (210 I.A.C. 3-1-13): (a)No individual shall be subjected to a physical body cavity search without written approval of the Uniform Patrol Commander and only upon a search warrant A copy of any search warrant and the results of the physical body cavity search shall be included with the related reports and made available, upon request, to the individual or authorized representative (except for those portions of the warrant ordered sealed by a court). (b)Only medical personnel may conduct a physical body cavity search. (c)Except for the medical personnel conducting the search, persons present must be of the same sex as the individual being searched. Only the necessary department members needed to maintain the safety and security of the medical personnel shall be present. (d)Privacy requirements, including restricted touching of body parts and sanitary condition requirements, are the same as required for a strip search. (e)All such searches shall be documented, including: 1.The facts that led to the decision to perform a physical body cavity search of the individual. 2.The reasons less intrusive methods of searching were not used or were insufficient. 3.The Uniform Patrol Commander’s approval. 4.A copy of the search warrant. 5.The time, date and location of the search. 6.The medical personnel present. 7.The names, sex and roles of any department members present. 8.Any contraband or weapons discovered by the search. (f)A copy of the written authorization shall be retained and shall be made available to the individual who was searched or other authorized representative upon request. Jeffersonville Police Department Policy Manual Custodial Searches Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Custodial Searches - 442 902.7 TRAINING The Training Commander shall ensure members have training that includes (28 CFR 115.115): (a)Conducting searches of cross-gender individuals. (b)Conducting searches of transgender and intersex individuals. (c)Conducting searches in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs. Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Personnel - 443 Chapter 10 - Personnel Policy 1000 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Recruitment and Selection - 444 Recruitment and Selection 1000.1 PURPOSE AND SCOPE This policy provides a framework for employee recruiting efforts and identifying job-related standards for the selection process. This policy supplements the rules that govern employment practices for the Jeffersonville Police Department and that are promulgated and maintained by the Human Resources Department. 1000.2 POLICY In accordance with applicable federal, state and local law, the Jeffersonville Police Department provides equal opportunities for applicants and employees, regardless of race, gender expression, age, pregnancy, religion, creed, color, national origin, ancestry, physical or mental handicap, genetic information, veteran status, marital status, sex or any other protected class or status. The Department does not show partiality or grant any special status to any applicant, employee or group of employees unless otherwise required by law. The Department will recruit and hire only those individuals who demonstrate a commitment to service and who possess the traits and characteristics that reflect personal integrity and high ethical standards. 1000.3 RECRUITMENT The Administration Assistant Chief should employ a comprehensive recruitment and selection strategy to recruit and select employees from a qualified and diverse pool of candidates. The strategy should include: (a)Identification of racially and culturally diverse target markets. (b)Use of marketing strategies to target diverse applicant pools. (c)Expanded use of technology and maintenance of a strong Internet presence. This may include an interactive department website and the use of department-managed social networking sites, if resources permit. (d)Expanded outreach through partnerships with media, community groups, citizen academies, local colleges, universities and the military. (e)Employee referral and recruitment incentive programs. (f)Consideration of shared or collaborative regional testing processes. The Administration Assistant Chief shall avoid advertising, recruiting and screening practices that tend to stereotype, focus on homogeneous applicant pools or screen applicants in a discriminatory manner. The Department should strive to facilitate and expedite the screening and testing process, and should periodically inform each candidate of his/her status in the recruiting process. Jeffersonville Police Department Policy Manual Recruitment and Selection Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Recruitment and Selection - 445 1000.4 SELECTION PROCESS The Department shall actively strive to identify a diverse group of candidates that have in some manner distinguished themselves as being outstanding prospects. Minimally, the Department should employ a comprehensive screening, background investigation and selection process that assesses cognitive and physical abilities and includes review and verification of the following: (a)A comprehensive application for employment (including previous employment, references, current and prior addresses, education, military record) (b)Driving record (c)Reference checks (d)Employment eligibility verification, including U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form I-9 and acceptable identity and employment authorization documents (e)Information obtained from public Internet sites (f)Financial history consistent with the Fair Credit Reporting Act (FCRA) (15 USC § 1681 et seq.) (g)Local, state and federal criminal history record checks (h)Polygraph, truth telling device or computer voice stress analyzer (CVSA) examination (when legally permissible) (i)Medical and psychological examination (may only be given after a conditional offer of employment) (j)Review board or selection committee assessment 1000.4.1 EXAMINER QUALIFICATIONS Polygraph, truth telling device or CVSA examiners should have a certification on file with the Administration Assistant Chief. 1000.5 BACKGROUND INVESTIGATION Every candidate shall undergo a thorough background investigation to verify his/her personal integrity and high ethical standards, and to identify any past behavior that may be indicative of the candidate’s unsuitability to perform duties relevant to the operation of the Jeffersonville Police Department. 1000.5.1 NOTICES Background investigators shall ensure that investigations are conducted and notices provided in accordance with the requirements of the FCRA (15 USC § 1681d). Jeffersonville Police Department Policy Manual Recruitment and Selection Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Recruitment and Selection - 446 1000.5.2 REVIEW OF SOCIAL MEDIA SITES Due to the potential for accessing unsubstantiated, private or protected information, the Administration Assistant Chief should not require candidates to provide passwords, account information or access to password-protected social media accounts. The Administration Assistant Chief should consider utilizing the services of an appropriately trained and experienced third party to conduct open source, Internet-based searches and/or review information from social media sites to ensure that: (a)The legal rights of candidates are protected. (b)Material and information to be considered are verified, accurate and validated. (c)The Department fully complies with applicable privacy protections and local, state and federal law. Regardless of whether a third party is used, the Administration Assistant Chief should ensure that potentially impermissible information is not available to any person involved in the candidate selection process. 1000.5.3 INVESTIGATOR TRAINING Members who conduct background investigations should receive department-approved training in collecting the required information. 1000.5.4 DOCUMENTING AND REPORTING The background investigator shall summarize the results of the background investigation in a report that includes sufficient information to allow the reviewing authority to decide whether to extend a conditional offer of employment. The report shall not include any information that is prohibited from use, including that from social media sites, in making employment decisions. The report and all supporting documentation shall be included in the candidate’s background investigation file. 1000.5.5 RECORDS RETENTION The background report and all supporting documentation shall be maintained in accordance with the established records retention schedule. 1000.6 DISQUALIFICATION GUIDELINES As a general rule, performance indicators and candidate information and records shall be evaluated by considering the candidate as a whole, and taking into consideration the following: •Age at the time the behavior occurred •Passage of time •Patterns of past behavior •Severity of behavior •Probable consequences if past behavior is repeated or made public Jeffersonville Police Department Policy Manual Recruitment and Selection Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Recruitment and Selection - 447 •Likelihood of recurrence •Relevance of past behavior to public safety employment •Aggravating and mitigating factors •Other relevant considerations A candidate’s qualifications will be assessed on a case-by-case basis, using a totality-of-the- circumstances framework. 1000.7 EMPLOYMENT STANDARDS All candidates shall meet the minimum standards required by state law. Candidates will be evaluated based on merit, ability, competence and experience, in accordance with the high standards of integrity and ethics valued by the Department and the community. Validated, job-related and nondiscriminatory employment standards shall be established for each job classification and shall minimally identify the training, abilities, knowledge and skills required to perform the position’s essential duties in a satisfactory manner. Each standard should include performance indicators for candidate evaluation. The Human Resources Department should maintain validated standards for all positions. 1000.7.1 STANDARDS FOR OFFICERS Candidates shall meet minimum standards (I.C. § 36-8-3.5-12; 240 I.A.C. 1-4-3): (a)Be a citizen of the United States. (b)Be at least 21 years of age, but less than the maximum age as established by law. 1.Veterans are exempt from the maximum age restriction (I.C. § 36-8-4.7). (c)Have obtained a high school degree or a recognized equivalent. (d)Be free from any felony convictions or any other crime or series of crimes which would indicate to a reasonable person that the applicant is potentially dangerous violent, or has the propensity to break the law. (e)Demonstrate successful completion of minimum agility and aptitude tests. (f)Be free from any physical, emotional or mental condition which might adversely affect the exercise of police powers. 1.Before a candidate may be selected as an officer he/she shall be examined by a licensed medical doctor according to the requirements in I.C. § 36-8-8-19 which must include the following: (a)A general medical history. (b)A determination of the candidate’s ability to perform the essential functions of the position of officer. 2.Before a candidate may be selected as an officer he/she shall must obtain a positive recommendation of emotional and mental fitness. Jeffersonville Police Department Policy Manual Recruitment and Selection Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Recruitment and Selection - 448 (g)Be of good moral character as determined by a thorough background investigation and criminal history investigation. (h)Possess a valid driver’s license. (i)Be fingerprinted for both a state and federal criminal records check. (j)Be eligible under federal and Indiana law to possess and carry a firearm. (k)The Jeffersonville Police Department may establish additional standards for selection of a candidate for the position of officer pursuant to I.C. § 36-8-3.2-6. 1000.8 JOB DESCRIPTIONS The Administration Assistant Chief should ensure that a current job description is maintained for each position in the Department. Policy 1001 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Performance Evaluations - 449 Performance Evaluations 1001.1 PURPOSE AND SCOPE This policy provides guidelines for the Jeffersonville Police Department performance evaluation system. 1001.2 POLICY The Jeffersonville Police Department shall use a performance evaluation system to measure, document and recognize work performance. The performance evaluation will serve as an objective guide for the recognition of good work and the development of a process for improvement. The Department evaluates employees in a nondiscriminatory manner based upon job-related factors specific to the employee’s position, without regard to sex, race, color, national origin, religion, age, disability or other protected classes. 1001.3 TYPES OF EVALUATIONS The Department shall use the following types of evaluations: Regular - An evaluation completed at regular intervals by the employee's immediate supervisor. Employees who have been promoted should be evaluated as established by the Human Resources Department or, minimally, on the anniversary of the date of the last promotion. When an employee transfers to a different assignment in the middle of an evaluation period and less than six months has transpired since the transfer, the evaluation should be completed by the current supervisor with input from the previous supervisor. Special - An evaluation that may be completed at any time the supervisor and Assistant Chief or the authorized designee determine an evaluation is necessary to address less than standard performance. The evaluation may include a plan for follow-up action (e.g., performance improvement plan (PIP), remedial training, retraining). 1001.3.1 RATINGS When completing an evaluation, the supervisor will identify the rating category that best describes the employee's performance. The definition of each rating category is as follows: Superior - Perfromance is exceptional adn recognizable as being Superoir to others. Acceptable - Competent, dependable performance. Understands performance standards of the job. Unacceptable - Performance is generally deficient in certian areas. Improvement is necessary. Jeffersonville Police Department Policy Manual Performance Evaluations Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Performance Evaluations - 450 Supervisor comments may be included in the evaluation to document the employee's strengths, weaknesses and requirements for improvement. Any job dimension rating marked as unsatisfactory or outstanding shall be substantiated with supervisor comments. 1001.3.2 PERFORMANCE IMPROVEMENT PLAN Employees who receive an unacceptable rating may be subject to a PIP. The PIP shall delineate areas that need improvement, any improvement measures and a timetable in which to demonstrate improvement. The issuing supervisor shall meet with the employee to review his/her performance and the status of the PIP at least monthly. 1001.4 EVALUATION PROCESS Supervisors should meet with the employees they supervise at the beginning of the evaluation period to discuss expectations and establish performance standards. Each supervisor should discuss the tasks of the position, standards of expected performance and the evaluation criteria with each employee. Performance evaluations cover a specific period and should be based upon documented performance dimensions that are applicable to the duties and authorities granted to the employee during that period. Evaluations should be completed by each employee’s immediate supervisor. Other supervisors directly familiar with the employee’s performance during the rating period should be consulted by the evaluating supervisor for input. Assessment of an employee’s job performance is an ongoing process. Continued coaching and feedback provides supervisors and employees with opportunities to correct performance issues as they arise and to acknowledge good work. Periodic discussions with the employee during the course of the evaluation period are encouraged. Supervisors should document all discussions in the prescribed manner. Non-probationary employees demonstrating substandard performance shall be notified in writing as soon as possible in order to have an opportunity to remediate the issues. Such notification should occur at the earliest opportunity, with the goal being a minimum of 90 days written notice prior to the end of the evaluation period. All supervisors shall receive training on performance evaluations within one year of a supervisory appointment. 1001.5 EVALUATION FREQUENCY Supervisors shall ensure that all employees they supervise are evaluated bi-annually. 1001.6 EVALUATION INTERVIEW When the supervisor has completed his/her evaluation, a private discussion of the evaluation should be scheduled with the employee. The supervisor should discuss the evaluation ratings and respond to any questions the employee may have. The supervisor should provide relevant counseling regarding advancement, specialty positions and training opportunities. Any Jeffersonville Police Department Policy Manual Performance Evaluations Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Performance Evaluations - 451 performance areas in need of improvement and goals for reaching the expected level of performance should be identified and discussed. If the employee has reasonable objections to any of the ratings, the supervisor may make appropriate adjustments to the evaluation. The reason for such adjustments shall be documented. Employees may write comments in an identified section of the evaluation. The supervisor and employee will sign and date the evaluation. 1001.6.1 DISCRIMINATORY HARASSMENT FORM At the time of each employee’s annual evaluation, the supervisor shall provide access to and require the employee to read the City harassment and discrimination policies and the Jeffersonville Police Department Discriminatory Harassment Policy. The supervisor shall give the employee a form to be completed and returned that acknowledges the following: (a)The employee understands the harassment and discrimination policies. (b)The employee has had all questions regarding the policies sufficiently addressed. (c)The employee knows how to report alleged harassment and discrimination policy violations. (d)Whether the employee has been the subject of, or witness to, any unreported conduct that may violate the discrimination or harassment policies. The completed form should be returned to the supervisor (or other authorized individual if the employee is uncomfortable returning the form to the presenting supervisor) within one week. If the employee has expressed any questions or concerns, the receiving supervisor or other authorized individual shall ensure that appropriate follow-up action is taken. 1001.7 APPEAL An employee who disagrees with his/her evaluation may provide a formal written response that will be attached to the evaluation, or may request an appeal. To request an appeal, the employee shall forward a written memorandum within three days to the evaluating supervisor’s Assistant Chief or the authorized designee. The memorandum shall identify the specific basis for the appeal and include any relevant information for the reviewer to consider. 1001.8 CHAIN OF REVIEW The signed performance evaluation and any employee attachment should be forwarded to the evaluating supervisor’s Assistant Chief or the authorized designee. The Assistant Chief or the authorized designee shall review the evaluation for fairness, impartiality, uniformity and consistency, and shall consider any written response or appeal made by the employee. The Assistant Chief or the authorized designee should evaluate the supervisor on the quality of ratings given. Jeffersonville Police Department Policy Manual Performance Evaluations Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Performance Evaluations - 452 1001.9 RETENTION AND DISTRIBUTION The original performance evaluation and any original correspondence related to an appeal shall be maintained by the Department in accordance with the Personnel Records Policy. A copy of the evaluation and any documentation of a related appeal shall be provided to the employee and also forwarded to the Jeffersonville Human Resources Department. Policy 1002 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Special Assignments and Promotions - 453 Special Assignments and Promotions 1002.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for promotions and for making special assignments within the Jeffersonville Police Department. 1002.2 POLICY The Jeffersonville Police Department determines assignments and promotions in a non- discriminatory manner based upon job-related factors and candidate skills and qualifications. Assignments and promotions are made by the Chief of Police. 1002.3 SPECIAL ASSIGNMENT POSITIONS The following positions, including but not limited to, are considered special assignments and not promotions: (a)Special Weapons and Tactics Team member (b)Investigator (c)River Patrolofficer (d)Bicycle Patrol officer (e)Canine handler (f)Accident investigator (g)Field Training Officer (h)Community Relations/Training Officer (i)School Resource and/or Drug Abuse Resistance Education (D.A.R.E.) officer (j)Honor Guard 1002.3.1 GENERAL REQUIREMENTS The following requirements should be considered when selecting a candidate for a special assignment: (a)Two years of relevant experience (b)Off probation (c)Possession of or ability to obtain any certification required by the Indiana Law Enforcement Training Board or law (d)Exceptional skills, experience or abilities related to the special assignment 1002.3.2 EVALUATION CRITERIA The following criteria will be used in evaluating candidates for a special assignment: Jeffersonville Police Department Policy Manual Special Assignments and Promotions Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Special Assignments and Promotions - 454 (a)Presents a professional, neat appearance. (b)Maintains a physical condition that aids in his/her performance. (c)Expressed an interest in the assignment. (d) Demonstrates the following traits: 1.Emotional stability and maturity 2.Stress tolerance 3.Sound judgment and decision-making 4.Personal integrity and ethical conduct 5.Leadership skills 6.Initiative 7.Adaptability and flexibility 8.Ability to conform to department goals and objectives in a positive manner 1002.3.3 SELECTION PROCESS The selection process for special assignments may include an administrative evaluation as determined by the Chief of Police to include: (a)Supervisor recommendations - Each supervisor who has supervised or otherwise been involved with the candidate will submit a recommendation. 1.The supervisor recommendations may be submitted to the Assistant Chief or his/ her designee. (b)Administrative interview - Interviews with each candidate will be scheduled. 1.Supervisor recomendation and interview results will be submitted to the Chief of Police for review. (c)Assignment by the Chief of Police. The selection process for all special assignment positions may be waived for temporary assignments, emergency situations, training and at the discretion of the Chief of Police. 1002.4 PROMOTIONAL REQUIREMENTS Requirements and information regarding any promotional process are available at the Jeffersonville Human Resources Department. Policy 1003 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Grievances - 455 Grievances 1003.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the Jeffersonville Police Department grievance system. The grievance system is intended to facilitate communication and to promptly and equitably address employee grievances in the workplace. 1003.1.1 GRIEVANCE DEFINED A grievance is a difference of opinion or dispute regarding the meaning, interpretation or application of any of the following: •This Policy Manual •Rules and regulations governing personnel practices or working conditions •Workplace issues that do not amount to misconduct under the Personnel Complaints Policy, such as fraud, waste, abuse of authority, gross mismanagement, or any inappropriate conduct or practices, including violations that may pose a threat to the health, safety or well- being of members Specifically outside the category of grievances are complaints related to alleged acts of sexual, racial, ethnic or other forms of unlawful harassment, as well as complaints related to allegations of discrimination on the basis of sex, race, religion, ethnic background and other lawfully protected status or activity that are subject to the complaint options set forth in the Discriminatory Harassment Policy. Also outside the category of grievances are personnel complaints regarding any allegation of misconduct or improper job performance against any department employee that, if true, would constitute a violation of department policy or federal, state or local law, as set forth in the Personnel Complaints Policy. 1003.2 POLICY It is the policy of the Jeffersonville Police Department to provide a just and equitable system for the prompt handling of employee grievances without discrimination, coercion, restraint or retaliation against any employee who submits or is otherwise involved in a grievance. 1003.3 PROCESS Grievances may be brought by an individual employee or by an employee group representative. Employees may have representation during the grievance process. Except as otherwise required under a collective bargaining agreement, if an employee believes that he/she has a grievance as defined above, that employee shall: (a)Attempt to resolve the issue through informal discussion with his/her immediate supervisor. (b)If after a reasonable amount of time, generally seven days, the grievance cannot be settled by the immediate supervisor, the employee may request an interview with the appropriate Assistant Chief. Jeffersonville Police Department Policy Manual Grievances Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Grievances - 456 (c)If a successful resolution is not found with the Assistant Chief, the employee may request a meeting with the Chief of Police. (d)If the employee and the Chief of Police are unable to arrive at a mutual solution, the employee shall proceed as follows: 1.Submit a written statement of the grievance to the Chief of Police and provide a copy to the employee’s immediate supervisor. 2.Include the following information in the written statement: (a)The basis for the grievance (i.e., the facts of the case). (b)The allegation of any specific wrongful act and the harm done. (c)The specific policies, rules or regulations at issue. (d)The remedy or goal being sought by the grievance. (e)The supervisor shall provide the employee with a signed acknowledgment of the grievance that shall include the date and time of receipt. (f)The Chief of Police and the City Attorney should review the grievance and respond to the employee within 14 calendar days. 1.The response will be in writing, and will affirm or deny the allegations. 2.The response shall include any remedies, if appropriate. 3.The decision of the City Attorney is considered final. Nothing herein shall prohibit any member from pursuing a grievance through the provisions of the collective bargaining agreement. Should a member pursue a grievance under the rules of this policy, the time for filing a grievance under the collective bargaining agreement shall be ten (10) business days from the completion, withdrawal, or dismissal of the grievance under this policy. 1003.4 GRIEVANCE RECORDS At the conclusion of the grievance process, all documents pertaining to the process shall be forwarded to the Administration Division for inclusion into a secure file for all written grievances. Copies of the documents should also be sent to the Human Resources Department. 1003.5 POLICY OR TRAINING IMPLICATIONS If an employee who participates in the grievance review process identifies any issue that may warrant an immediate revision to this Policy Manual, a procedural change or an immediate training need, the employee should promptly notify the Chief of Police in the memorandum. 1003.6 GRIEVANCE AUDITS The Training Commander should perform an annual audit of all grievances filed the previous calendar year to evaluate whether any change in policy, procedure or training may be appropriate to avoid future grievances. The Training Commander should record these findings in a confidential Jeffersonville Police Department Policy Manual Grievances Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Grievances - 457 memorandum to the Chief of Police without including any identifying information about any individual grievance. Policy 1004 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Anti-Retaliation - 458 Anti-Retaliation 1004.1 PURPOSE AND SCOPE This policy prohibits retaliation against members who identify workplace issues, such as fraud, waste, abuse of authority, gross mismanagement or any inappropriate conduct or practices, including violations that may pose a threat to the health, safety or well-being of members. This policy does not prohibit actions taken for nondiscriminatory or non-retaliatory reasons, such as discipline for cause. These guidelines are intended to supplement and not limit members’ access to other applicable remedies. Nothing in this policy shall diminish the rights or remedies of a member pursuant to any applicable federal law, provision of the U.S. Constitution, law, ordinance or collective bargaining agreement. 1004.2 POLICY The Jeffersonville Police Department has a zero tolerance for retaliation and is committed to taking reasonable steps to protect from retaliation members who, in good faith, engage in permitted behavior or who report or participate in the reporting or investigation of workplace issues. All complaints of retaliation will be taken seriously and will be promptly and appropriately investigated. 1004.3 RETALIATION PROHIBITED No member may retaliate against any person for engaging in lawful or otherwise permitted behavior; for opposing a practice believed to be unlawful, unethical, discriminatory or retaliatory; for reporting or making a complaint under this policy; or for participating in any investigation related to a complaint under this or any other policy. Retaliation includes any adverse action or conduct, including but not limited to: •Refusing to hire or denying a promotion. •Extending the probationary period. •Unjustified reassignment of duties or change of work schedule. •Real or implied threats or other forms of intimidation to dissuade the reporting of wrongdoing or filing of a complaint, or as a consequence of having reported or participated in protected activity. •Taking unwarranted disciplinary action. •Spreading rumors about the person filing the complaint or about the alleged wrongdoing. •Shunning or unreasonably avoiding a person because he/she has engaged in protected activity. Jeffersonville Police Department Policy Manual Anti-Retaliation Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Anti-Retaliation - 459 1004.4 COMPLAINTS OF RETALIATION Any member who feels he/she has been retaliated against in violation of this policy should promptly report the matter to any supervisor, command staff member, Chief of Police or the City Director of Human Resources. Members shall act in good faith, not engage in unwarranted reporting of trivial or minor deviations or transgressions, and make reasonable efforts to verify facts before making any complaint in order to avoid baseless allegations. Members shall not report or state an intention to report information or an allegation knowing it to be false or with willful or reckless disregard for the truth or falsity of the information or otherwise act in bad faith. Investigations are generally more effective when the identity of the reporting member is known, thereby allowing investigators to obtain additional information from the reporting member. However, complaints may be made anonymously. All reasonable efforts shall be made to protect the reporting member’s identity. However, confidential information may be disclosed to the extent required by law or to the degree necessary to conduct an adequate investigation and make a determination regarding a complaint. In some situations, the investigative process may not be complete unless the source of the information and a statement by the member is part of the investigative process. 1004.5 SUPERVISOR RESPONSIBILITIES Supervisors are expected to remain familiar with this policy and ensure that members under their command are aware of its provisions. The responsibilities of supervisors include, but are not limited to: (a)Ensuring complaints of retaliation are investigated as provided in the Personnel Complaints Policy. (b)Receiving all complaints in a fair and impartial manner. (c)Documenting the complaint and any steps taken to resolve the problem. (d)Acknowledging receipt of the complaint, notifying the Chief of Police via the chain of command and explaining to the member how the complaint will be handled. (e)Taking appropriate and reasonable steps to mitigate any further violations of this policy. (f)Monitoring the work environment to ensure that any member making a complaint is not subjected to further retaliation. (g)Following up periodically follow-up with the complainant to ensure that retaliation is not continuing. (h)Not interfering with or denying the right of a member to make any complaint. (i)Taking reasonable steps to accommodate requests for assignment or schedule changes made by a member who may be the target of retaliation if it would likely mitigate the potential for further violations of this policy. Jeffersonville Police Department Policy Manual Anti-Retaliation Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Anti-Retaliation - 460 1004.6 COMMAND STAFF RESPONSIBILITIES The Chief of Police should communicate to all supervisors the prohibition against retaliation. Command staff shall treat all complaints as serious matters and shall ensure that prompt actions take place, including but not limited to: (a)Communicating to all members the prohibition against retaliation. (b)The timely review of complaint investigations. (c)Remediation of any inappropriate conduct or condition and instituting measures to eliminate or minimize the likelihood of recurrence. (d)The timely communication of the outcome to the complainant. 1004.7 WHISTLE-BLOWING Indiana law protects public employees who disclose a violation of a law, rule, regulation or ordinance of a political subdivision or the misuse of public resources to a supervisor or the inspector general (I.C. § 4-15-10-4). Members who believe they have been the subject of retaliation for engaging in such protected behaviors should promptly report it to a supervisor. Supervisors should refer the complaint to the Detective Division for investigation pursuant to the Personnel Complaints Policy. 1004.8 RECORDS RETENTION AND RELEASE The Assistant Chief shall ensure that documentation of investigations is maintained in accordance with the established records retention schedules. 1004.9 TRAINING This policy should be reviewed with each new member. All members should receive periodic refresher training on the requirements of this policy. Policy 1005 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Reporting of Arrests, Convictions and Court Orders - 461 Reporting of Arrests, Convictions and Court Orders 1005.1 PURPOSE AND SCOPE The purpose of this policy is to describe the notification requirements and procedures that members must follow when certain arrests, convictions and court orders restrict their ability to perform the official duties and responsibilities of the Jeffersonville Police Department. This policy will also describe the notification requirements and procedures that certain retired officers must follow when an arrest, conviction or court order disqualifies them from possessing a firearm. 1005.2 POLICY The Jeffersonville Police Department requires disclosure of member arrests, convictions and certain court orders to maintain the high standards, ethics and integrity in its workforce, and to ensure compatibility with the duties and responsibilities of the Department. 1005.3 DOMESTIC VIOLENCE CONVICTIONS AND COURT ORDERS Federal and Indiana law prohibit individuals convicted of certain offenses and individuals subject to certain court orders from lawfully possessing firearms. Such convictions and court orders often involve allegations of the use or attempted use of force, or threatened use of a weapon on any individual in a domestic relationship (e.g., spouse, cohabitant, parent, child) (18 USC § 922; I.C. § 35-47-4-6; I.C. § 34-26-5-9). All members and retired officers with identification cards issued by the Department are responsible for ensuring that they have not been disqualified from possessing firearms by any such conviction or court order, and shall promptly report any such conviction or court order to a supervisor, as provided in this policy. 1005.4 OTHER CRIMINAL CONVICTIONS AND COURT ORDERS Persons convicted of committing or attempting to commit a serious violent felony may not possess a firearm (I.C. § 35-47-4-5). While legal restrictions may or may not be imposed by statute or by the courts upon conviction of any criminal offense, criminal conduct by members of this department may be inherently in conflict with law enforcement duties and the public trust, and shall be reported as provided in this policy. 1005.5 REPORTING All members and all retired officers with identification cards issued by the Department shall immediately notify their supervisors (retired officers should immediately notify the Uniform Patrol Commander or the Chief of Police) in writing of any past or current criminal detention, arrest, charge or conviction in any state or foreign country, regardless of whether the matter was dropped or rejected, is currently pending or is on appeal, and regardless of the penalty or sentence, if any. Jeffersonville Police Department Policy Manual Reporting of Arrests, Convictions and Court Orders Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Reporting of Arrests, Convictions and Court Orders - 462 All members and all retired officers with identification cards issued by the Department shall immediately notify their supervisors (retired officers should immediately notify the Uniform Patrol Commander or the Chief of Police) in writing if they become the subject of a domestic violence- related order or any court order that prevents the member or retired officer from possessing a firearm or requires suspension or revocation of applicable Indiana Law Enforcement Training Board certification. Any member whose criminal arrest, conviction or court order restricts or prohibits that member from fully and properly performing his/her duties, including carrying a firearm, may be disciplined. This includes, but is not limited to, being placed on administrative leave, reassignment and/ or termination. Any effort to remove such disqualification or restriction shall remain entirely the responsibility of the member, on his/her own time and at his/her own expense. Any member failing to provide prompt written notice pursuant to this policy shall be subject to discipline, up to and including termination. Retired officers may have their identification cards rescinded or modified, as may be appropriate (see the Retired Officer Identification Card Policy). 1005.5.1 NOTIFICATION REQUIREMENTS The Administration Assistant Chief should submit the proper notice to the Indiana Law Enforcement Training Board of any convictions that could disqualify an employee. Policy 1006 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Drug- and Alcohol-Free Workplace - 463 Drug- and Alcohol-Free Workplace 1006.1 PURPOSE AND SCOPE The purpose of this policy is to establish clear and uniform guidelines regarding drugs and alcohol in the workplace. 1006.2 POLICY It is the policy of the Jeffersonville Police Department to provide a drug- and alcohol-free workplace for all members (I.C. § 22-9-5-24). 1006.3 GENERAL GUIDELINES Alcohol and drug use in the workplace or on department time can endanger the health and safety of department members and the public. Such use shall not be tolerated (41 USC § 8103). Members who have consumed an amount of an alcoholic beverage or taken any medication, or combination thereof, that would tend to adversely affect their mental or physical abilities shall not report for duty. Affected members shall notify the Officer in Charge or appropriate supervisor as soon as the member is aware that he/she will not be able to report to work. If the member is unable to make the notification, every effort should be made to have a representative contact the supervisor in a timely manner. If the member is adversely affected while on-duty, he/she shall be immediately removed and released from work (see Work Restrictions section in this policy). 1006.3.1 USE OF MEDICATIONS Members should avoid taking any medications that will impair their ability to safely and completely perform their duties. Any member who is medically required or has a need to take any such medication shall report that need to his/her immediate supervisor prior to commencing any on- duty status. Possession of medical marijuana or being under the influence of marijuana on- or off-duty is prohibited and may lead to disciplinary action. 1006.4 MEMBER RESPONSIBILITIES Members shall report for work in an appropriate mental and physical condition. Members are prohibited from purchasing, manufacturing, distributing, dispensing, possessing or using controlled substances or alcohol on department premises or on department time (41 USC § 8103). The lawful possession or use of prescribed medications or over-the-counter remedies is excluded from this prohibition. Members who are authorized to consume alcohol as part of a special assignment shall not do so to the extent of impairing on-duty performance. Jeffersonville Police Department Policy Manual Drug- and Alcohol-Free Workplace Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Drug- and Alcohol-Free Workplace - 464 Members shall notify a supervisor immediately if they observe behavior or other evidence that they believe demonstrates that a fellow member poses a risk to the health and safety of the member or others due to drug or alcohol use. Members are required to notify their immediate supervisors of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction (41 USC § 8103). 1006.5 EMPLOYEE ASSISTANCE PROGRAM There may be available a voluntary employee assistance program to assist those who wish to seek help for alcohol and drug problems (41 USC § 8103). Insurance coverage that provides treatment for drug and alcohol abuse also may be available. Employees should contact the Human Resources Department, their insurance providers or the employee assistance program for additional information. It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to performance problems. 1006.6 WORK RESTRICTIONS If a member informs a supervisor that he/she has consumed any alcohol, drug or medication that could interfere with a safe and efficient job performance, the member may be required to obtain clearance from his/her physician before continuing to work. If the supervisor reasonably believes, based on objective facts, that a member is impaired by the consumption of alcohol or other drugs, the supervisor shall prevent the member from continuing work and shall ensure that he/she is safely transported away from the Department. 1006.7 SCREENING TESTS Not withstanding the City of Jeffersonville Drug and Alcohold policy. A supervisor shall require an employee to submit to a screening under any the following circumstances: (a)The supervisor reasonably believes, based upon objective facts, that the employee is under the influence of alcohol or drugs that are impairing his/her ability to perform duties safely and efficiently. (b)The employee discharges a firearm in the performance of his/her duties (excluding training or authorized euthanizing of an animal). (c)The employee discharges a firearm issued by the Department while off-duty, resulting in injury, death or substantial property damage. (d)The employee drives a motor vehicle in the performance of his/her duties and becomes involved in an accident that results in bodily injury, death or substantial damage to property. 1006.7.1 SUPERVISOR RESPONSIBILITIES The supervisor shall prepare a written record documenting the specific facts that led to the decision to require the test, and shall inform the employee in writing of the following: Jeffersonville Police Department Policy Manual Drug- and Alcohol-Free Workplace Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Drug- and Alcohol-Free Workplace - 465 (a)The test will be given to detect either alcohol or drugs, or both. (b)The result of the test is not admissible in any criminal proceeding against the employee. (c)The employee may refuse the test, but refusal may result in dismissal or other disciplinary action. 1006.7.2 DISCIPLINE An employee may be subject to disciplinary action if he/she: (a)Fails or refuses to submit to a screening test. (b)After taking a screening test that indicates the presence of a controlled substance, fails to provide proof, within 72 hours after being requested, that he/she took the controlled substance as directed, pursuant to a current and lawful prescription issued in his/her name. 1006.8 COMPLIANCE WITH THE DRUG-FREE WORKPLACE ACT No later than 30 days following notice of any drug statute conviction for a violation occurring in the workplace involving a member, the Department will take appropriate disciplinary action, up to and including dismissal, and/or requiring the member to satisfactorily participate in a drug abuse assistance or rehabilitation program (41 USC § 8104). 1006.9 CONFIDENTIALITY The Department recognizes the confidentiality and privacy due to its members. Disclosure of any information relating to substance abuse treatment, except on a need-to-know basis, shall only be with the express written consent of the member involved or pursuant to lawful process. The written results of any screening tests and all documents generated by the employee assistance program are considered confidential medical records and shall be maintained in the employee’s medical file in accordance with the Personnel Records Policy. Policy 1007 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Sick Leave - 466 Sick Leave 1007.1 PURPOSE AND SCOPE This policy provides general guidance regarding the use and processing of sick leave. The accrual of sick leave for eligible employees is detailed in the City personnel manual or applicable collective bargaining agreement. This Policy is not intended to cover all types of sick or other leaves. For example, employees may be entitled to additional paid or unpaid leave for certain family and medical reasons as provided for in the Family and Medical Leave Act (FMLA) or the Indiana Organ or Bone Marrow Donor Acts (29 CFR 825.100; I.C. 4-15-16-7; I.C. 4-15-16-8) 1007.2 POLICY It is the policy of the Jeffersonville Police Department to provide eligible employees with a sick- leave benefit that provides time off for personal or family illness. 1007.3 USE OF SICK LEAVE Sick leave is intended to be used for absences caused by illness, injury or temporary disability (including pregnancy/maternity), or for medical dental or vision exams or medical treatment of the employee or the employee’s immediate family when it is not possible to schedule such appointments during non-working hours. Sick leave is not considered vacation. Sick leave shall not be used in lieu of denied vacation leave requests, to include the day preceding or following the denied vacation leave requests. Sick leave should not be taken in a manner which establishes a recognized pattern that precludes or supersedes the following: vacation leave and/or the first or last day of the members scheduled work week. Abuse of sick leave may result in discipline, denial of sick leave benefits or both. Employees on sick leave shall not engage in other employment or self-employment. Employees on sick leave shall not participate in any sport, hobby, recreational activity or other activity that may impede recovery form the injury or illness unless a phycians note exempts the employee from the listed restrictions, excluding employment or self-employment. 1007.4 NOTIFICATON All members requesting sick leave should notify their supervisor in charge during the requested work day as soon as they are aware that they will not be able to report for work. At a minimum, members should make such notification no less than 4 hours before the start of their scheduled shifts. If, due to an emergency, a member is unable to contact the supervisor, every effort should be made to have a representative for the member contact the supervisor. If the member or representative is not able to speak with the supervisor, a notification shall be made by voicemail and email. The member or representative requesting sick leave shall remain available for follow up contact from the supervisor who received the notification. Supervisor’s responsibilities refer to section 1007.6 Jeffersonville Police Department Policy Manual Sick Leave Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Sick Leave - 467 When necessary to be absent from work is foreseeable, such as planned medical appointments or treatments, the member shall, whenever possible, provide the Department with no less than 10 days notice of the impending absence. Upon returning to work, members are responsible for ensuring their time off was appropriately accounted for and for completing and submitting any required documentation. 1007.5 EXTENDED ABSENCE Members absent from duty in excess of four (4) consecutive days shall be required to furnish a statement from their physician supporting the need to be absent and/or the ability to return to work. Members on an extended absence shall, if possible, contact their supervisor or other designee at specific intervals to provide an update on their absence and expected date of return. 1007.6 SUPERVISOR RESPONSIBILITIES The responsibilities of supervisors include, but not limited to: (a)Establishing contact with members requesting sick leave to obtain the following general information: 1.Is the sick leave request for illness or injury? 2.When does the member anticipate returning to work? (b)Monitoring and regularly reviewing the attendance of those under their command to ensure that the use of sick leave and absences are consistent with this policy. (c)Attempting to determine whether extended absences may qualify as family medical leave and referring qualifying absences to designated command staff for consultation with the Human Resource Department as appropriate. (d)Addressing absences and sick leave use in the member’s performance evaluation when excessive or unusual use has: 1.Negatively affected the member’s performance or ability to complete assigned duties. 2.Negatively affected department operations (e)When appropriate, counseling members regarding excessive absences and/or use of sick leave. (f)Referring eligible members to an available employee assistance program when appropriate. Policy 1008 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Vacation Policy - 468 Vacation Policy 1008.1 POLICY It is the policy of the Jeffersonville Police Department to provide eligible employees with a vacation- leave benefit that provides personal time off from work. 1008.2 USE OF VACATION LEAVE Vacation leave is intended to be used for personal relief from your required work day. Vacation leave is not considered Sick Leave and may not be awarded when the Department manpower does not allow it to be scheduled. Abuse of vacation leave may result in discipline, denial of vacation leave benefits or both. Employees on vacation leave shall not be restricted from engaging in other approved employment or self-employment, or participate in any sport, hobby, recreational activity or other activity. 1008.3 NOTIFICATON All members requesting vacation leave should notify their supervisor in charge during the requested work day as soon as they are aware that they want to be relieved from required duty. At a minimum, members should make such notification no less than 12 hours before the start of their scheduled shifts. If, due to an emergency, a member is unable to contact the supervisor, every effort should be made to have a representative for the member contact the supervisor. If the member is unable to speak with a supervisor, a notification shall be made by voicemail and email, however; the member requesting vacation leave shall remain available for follow up contact from the supervisor who received the notification, for approval of the vacation leave request. Supervisor’s responsibilities refer to Section 1008.4. When vacation leave from work is foreseeable, the member shall, whenever possible, provide the Department with no less than 15 days notice of the impending relief from duty. Upon returning to work, members are responsible for ensuring their time off was appropriately accounted for and documented. 1008.4 SUPERVISOR RESPONSIBILITIES The responsibilities of supervisors include, but not limited to: (a)Establishing contact with members requesting vacation leave. (b)Monitoring and regularly reviewing the attendance of those under their command to ensure that the use of vacation leave and absences are consistent with this policy. (c)Addressing absences and vacation leave use in the member’s performance evaluation when excessive or unusual use has: 1.Negatively affected the member’s performance or ability to complete assigned duties. 2.Negatively affected department operations. Jeffersonville Police Department Policy Manual Vacation Policy Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Vacation Policy - 469 (d)When appropriate, counseling members regarding excessive absences and/or use of vacation leave (e)Referring eligible members to an available employee assistance program when appropriate. Policy 1009 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Military Leave - 470 Military Leave 1009.1 MILITARY LEAVE Reserve Training: I.C. 10-17-4 require that Indiana National Guard, Defense Corps, Naval Militia, and all U.S. Armed Forces reserve component members be authorized up to fifteen (15) working days leave with pay per calendar year for training purposes. Along with request for such leave, employees are required to submit the published order authorizing the military duty or a written statement from the appropriate military commander authorizing such duty. Employees requesting such leave will also be required to complete the necessary leave request. Active Duty: A permanent employee who is drafted or is called for active duty in the Armed Forces of the United States, The coast Guard, Public Health Service, Civil Defense, or is drafted in the Merchant Marine Service, Shall (in accordance with exiting law) be entitled to re-services, provided the employee is physically and mentally able to do the work required and reports for work within ninety (90) days of such discharge, or within ninety (90) days after he/she is released from hospitalization continuing after discharge for a period of not more than one (1) year. He/ she be employed in the position, or similar position, to the one held at the time of entry into the Armed Forces. All salary adjustments or position upgrades shall be granted to the employee upon reinstatement. In the even his or her former job no longer exits, he/she shall be employed in a capacity for which he/she is qualified at a salary comparable with the one h/she formerly received. Policy 1010 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Communicable Diseases - 471 Communicable Diseases 1010.1 PURPOSE AND SCOPE This policy provides general guidelines to assist in minimizing the risk of department members contracting and/or spreading communicable diseases. This policy also addresses the requirement that the Jeffersonville Police Department have a policy on communicable diseases and provide related training (I.C. § 16-41-11-6). 1010.1.1 DEFINITIONS Definitions related to this policy include: Communicable disease - A human disease caused by microorganisms that are present in and transmissible through human blood, bodily fluid, tissue, or by breathing or coughing. These diseases commonly include, but are not limited to, hepatitis B virus (HBV), HIV and tuberculosis. Exposure - When an eye, mouth, mucous membrane or non-intact skin comes into contact with blood or other potentially infectious materials, or when these substances are injected or infused under the skin; when an individual is exposed to a person who has a disease that can be passed through the air by talking, sneezing or coughing (i.e., tuberculosis), or the individual is in an area that was occupied by such a person. Exposure only includes those instances that occur due to a member’s position at the Jeffersonville Police Department. (See the exposure control plan for further details to assist in identifying whether an exposure has occurred.) 1010.2 POLICY The Jeffersonville Police Department is committed to providing a safe work environment for its members. Members should be aware that they are ultimately responsible for their own health and safety. 1010.3 EXPOSURE CONTROL OFFICER The Chief of Police will assign a person as the Exposure Control Officer (ECO). The ECO shall develop an exposure control plan that includes: (a)Exposure-prevention and decontamination procedures. (b)Procedures for when and how to obtain medical attention in the event of an exposure or suspected exposure. (c)The provision that department members will have no-cost access to the appropriate personal protective equipment (PPE) (i.e., gloves, face masks, eye protection, pocket masks) that is appropriate for each member’s position and risk of exposure. (d)Evaluation of persons in custody for any exposure risk and measures to separate them. (e)Compliance with all relevant laws or regulations related to communicable diseases, ensuring that: 1.Procedures are implemented ensuring members follow universal precautions, including any standards adopted and requirements imposed by the Indiana Jeffersonville Police Department Policy Manual Communicable Diseases Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Communicable Diseases - 472 Occupational Safety and Health Administration (IOSHA) (I.C. § 16-41-11-3; 410 I.A.C. 1-4-8; 29 CFR 1910.1030). 2.Members having direct contact with blood or bodily fluids in the scope of their duties follow universal precautions and apply disciplinary measures for failure to follow universal precautions (I.C. § 16-41-11-3; I.C. § 16-41-11-4; 410 I.A.C. 1-4-8). 3.Training and equipment is provided to members pursuant to I.C. § 16-41-11-5. 4.Procedures are implemented to ensure the appropriate handling of infectious waste (I.C. § 16-41-16-1; 410 I.A.C. 1-3-23). 5.Procedures are implemented regarding provision of appropriate testing, treatment and counseling through I.C. § 16-41-10-1 et seq. 6.Responses are made to requests and notifications regarding exposures covered under the Ryan White law (42 USC § 300ff-133; 42 USC § 300ff-136). The ECO should also act as the liaison with IOSHA and may request voluntary compliance inspections. The ECO should periodically review and update the exposure control plan and review implementation of the plan. 1010.4 EXPOSURE PREVENTION AND MITIGATION 1010.4.1 GENERAL PRECAUTIONS All members are expected to use good judgment and follow training and procedures related to mitigating the risks associated with communicable disease. This includes, but is not limited to (I.C. § 16-41-11-4): (a)Stocking disposable gloves, antiseptic hand cleanser, CPR masks or other specialized equipment in the work area of department vehicle, as applicable. (b)Wearing department-approved disposable gloves when contact with blood, other potentially infectious materials, mucous membranes and non-intact skin can be reasonably anticipated. (c)Washing hands immediately or as soon as feasible after removal of gloves or other PPE. (d)Treating all human blood and bodily fluids/tissue as if it is known to be infectious for a communicable disease. (e)Using an appropriate barrier device when providing CPR. (f)Using a face mask or shield if it is reasonable to anticipate an exposure to an airborne transmissible disease. (g)Decontaminating non-disposable equipment (e.g., flashlight, control devices, clothing and portable radio) as soon as possible if the equipment is a potential source of exposure. 1.Clothing that has been contaminated by blood or other potentially infectious materials shall be removed immediately or as soon as feasible and stored/decontaminated appropriately. Jeffersonville Police Department Policy Manual Communicable Diseases Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Communicable Diseases - 473 (h)Handling all sharps and items that cut or puncture (e.g., needles, broken glass, razors, knives) cautiously and using puncture-resistant containers for their storage and/or transportation. (i)Avoiding eating, drinking, smoking, applying cosmetics or lip balm, or handling contact lenses where there is a reasonable likelihood of exposure. (j)Disposing of biohazardous waste appropriately or labeling biohazardous material properly when it is stored. 1010.4.2 IMMUNIZATIONS Members who could be exposed to HBV due to their positions may receive the HBV vaccine and any routine booster at no cost. 1010.5 POST EXPOSURE 1010.5.1 INITIAL POST-EXPOSURE STEPS Members who experience an exposure or suspected exposure shall: (a)Begin decontamination procedures immediately (e.g., wash hands and any other skin with soap and water, flush mucous membranes with water). (b)Obtain medical attention as appropriate. (c)Notify a supervisor as soon as practicable but in no case more than 24 hours after the exposure (I.C. § 16-41-10-2). 1010.5.2 REPORTING REQUIREMENTS The supervisor on-duty shall investigate every exposure or suspected exposure that occurs as soon as possible following the incident. The supervisor shall ensure the following information is documented: (a)Name and Social Security number of the employee exposed (b)Date and time of incident (c)Location of incident (d)Potentially infectious materials involved and the source of exposure (e.g., identification of the person who may have been the source) (e)Work being done during exposure (f)How the incident occurred or was caused (g)PPE in use at the time of the incident (h)Actions taken post-event (e.g., clean-up, notifications) The supervisor shall advise the member that disclosing the identity and/or infectious status of a source to the public or to anyone who is not involved in the follow-up process is prohibited. Jeffersonville Police Department Policy Manual Communicable Diseases Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Communicable Diseases - 474 The supervisor should complete the incident documentation in conjunction with other reporting requirements that may apply (see the Work-Related Illness and Injury Reporting and Illness and Injury Prevention policies). 1010.5.3 MEDICAL CONSULTATION, EVALUATION AND TREATMENT Department members shall have the opportunity to have a confidential medical evaluation immediately after an exposure and follow-up evaluations as necessary. The ECO should request a written opinion/evaluation from the treating medical professional that contains only the following information: (a)Whether the member has been informed of the results of the evaluation. (b)Whether the member has been notified of any medical conditions resulting from exposure to blood or other potentially infectious materials which require further evaluation or treatment. No other information should be requested or accepted by the ECO. 1010.5.4 COUNSELING The Department shall provide the member, and his/her family if necessary, the opportunity for counseling and consultation regarding the exposure. 1010.5.5 SOURCE TESTING Testing a person for communicable diseases when that person was the source of an exposure should be done when it is desired by the exposed member or when it is otherwise appropriate. Source testing is the responsibility of the ECO. If the ECO is unavailable to seek timely testing of the source, it is the responsibility of the exposed member’s supervisor to ensure testing is sought. Source testing may be achieved by: (a)Obtaining consent from the individual. (b)Providing notification to emergency medical services providers under I.C. § 16-41-10-2). (c)HIV testing when ordered by a physician (I.C. § 16-41-6-1). (d)Public health officials seeking consent or a court order (I.C. § 16-41-6-2). Since there is the potential for overlap between the different manners in which source testing may occur, the ECO is responsible for coordinating the testing to prevent unnecessary or duplicate testing. The ECO should seek the consent of the individual for testing and consult the City Attorney to discuss other options when no statute exists for compelling the source of an exposure to undergo testing if he/she refuses. Jeffersonville Police Department Policy Manual Communicable Diseases Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Communicable Diseases - 475 1010.6 CONFIDENTIALITY OF REPORTS Medical information shall remain in confidential files and shall not be disclosed to anyone without the member’s written consent (except as required by law). Test results from persons who may have been the source of an exposure are to be kept confidential as well (I.C. § 16-41-10-5). 1010.7 TRAINING All members shall participate in training regarding communicable diseases commensurate with the requirements of their position. The training shall (I.C. § 16-41-11-5): (a)Be provided at the time of initial assignment to tasks where an occupational exposure may take place and at least annually after the initial training. (b)Be provided whenever the member is assigned new tasks or procedures affecting his/her potential exposure to communicable disease. (c)Provide guidance on what constitutes an exposure, what steps can be taken to avoid an exposure and what steps should be taken if a suspected exposure occurs. (d)Be properly documented. Policy 1011 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Smoking and Tobacco Use - 476 Smoking and Tobacco Use 1011.1 PURPOSE AND SCOPE This policy establishes limitations on smoking and the use of tobacco products by members and others while on-duty or while in Jeffersonville Police Department facilities or vehicles. For the purpose of this policy, smoking and tobacco use includes, but is not limited to, any tobacco product, such as cigarettes, cigars, pipe tobacco, snuff, tobacco pouches and chewing tobacco, as well as any device that is intended to simulate smoking, such as an electronic cigarette or personal vaporizer. 1011.2 POLICY The Jeffersonville Police Department recognizes that tobacco use is a health risk and can be offensive to others. Smoking and tobacco use also presents an unprofessional image for the Department and its members. Therefore smoking and tobacco use is prohibited by members and visitors in all department facilities, buildings and vehicles, and as is further outlined in this policy. 1011.3 SMOKING AND TOBACCO USE Smoking and tobacco use by members is prohibited any time members are in public view representing the Jeffersonville Police Department. It shall be the responsibility of each member to ensure that no person under his/her supervision smokes or uses any tobacco product inside City facilities and vehicles. 1011.4 ADDITIONAL PROHIBITIONS No employee shall smoke tobacco products within eight feet of an entrance to a City facility. A sign that reads “State Law Prohibits Smoking within 8 Feet of this Entrance” shall be conspicuously displayed at every public entrance of the Jeffersonville Police Department (I.C. § 7.1-5-12-4). Policy 1012 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Personnel Complaints - 477 Personnel Complaints 1012.1 PURPOSE AND SCOPE This policy provides guidelines for the reporting, investigation and disposition of complaints regarding the conduct of members of the Jeffersonville Police Department. This policy shall not apply to any questioning, counseling, instruction, informal verbal admonishment or other routine or unplanned contact of a member in the normal course of duty, by a supervisor or any other member, nor shall this policy apply to a criminal investigation. 1012.2 POLICY The Jeffersonville Police Department takes seriously all complaints regarding the service provided by the Department and the conduct of its members. The Department will accept and address all complaints of misconduct in accordance with this policy and applicable federal, state and local law and municipal and county rules and the requirements of any collective bargaining agreements. It is also the policy of this department to ensure that the community can report misconduct without concern for reprisal or retaliation. 1012.3 PERSONNEL COMPLAINTS Personnel complaints include any allegation of misconduct or improper job performance that, if true, would constitute a violation of department policy or federal, state or local law, policy or rule. Personnel complaints may be generated internally or by the public. Inquiries about conduct or performance that, if true, would not violate department policy or federal, state or local law, policy or rule may be handled informally by a supervisor and shall not be considered a personnel complaint. Such inquiries generally include clarification regarding policy, procedures or the response to specific incidents by the Department. 1012.3.1 COMPLAINT CLASSIFICATIONS Personnel complaints shall be classified in one of the following categories: Informal - A matter in which the Uniform Patrol Commander is satisfied that appropriate action has been taken by a supervisor of rank greater than the accused member. Formal - A matter in which a supervisor determines that further action is warranted. Such complaints may be investigated by a supervisor of rank greater than the accused member or referred to the Detective Division, depending on the seriousness and complexity of the investigation. Incomplete - A matter in which the complaining party either refuses to cooperate or becomes unavailable after diligent follow-up investigation. At the discretion of the assigned supervisor or the Chief of Police or his/her designee, such matters may be further investigated depending on the seriousness of the complaint and the availability of sufficient information. Jeffersonville Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Personnel Complaints - 478 1012.3.2 SOURCES OF COMPLAINTS The following applies to the source of complaints: (a)Individuals from the public may make complaints in any form, including in writing, by email, in person or by telephone. (b)Any department member becoming aware of alleged misconduct shall immediately notify a supervisor. (c)Supervisors shall initiate a complaint based upon observed misconduct or receipt from any source alleging misconduct that, if true, could result in disciplinary action. (d)Anonymous and third-party complaints should be accepted and investigated to the extent that sufficient information is provided. (e)The Department may be the recipient of tort claims and lawsuits. 1012.4 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS 1012.4.1 COMPLAINT FORMS Personnel complaint forms will be maintained in a clearly visible location in the public area of the police facility and be accessible through the department website. Forms may also be available at other City facilities. Personnel complaint forms in languages other than English may also be provided, as determined necessary or practicable. 1012.4.2 ACCEPTANCE All complaints will be courteously accepted by any department member and promptly given to the appropriate supervisor. Although written complaints are preferred, a complaint may also be received orally, either in person or by telephone. Such complaints will be directed to a supervisor. If a supervisor is not immediately available to take an oral complaint, the receiving member shall obtain contact information sufficient for the supervisor to contact the complainant. The supervisor, upon contact with the complainant, shall complete, (if necessary) and submit a complaint form as appropriate. Although not required, complainants should be encouraged to file complaints in person so that proper identification, signatures, photographs or physical evidence may be obtained as necessary. 1012.5 DOCUMENTATION Supervisors shall ensure that all formal complaints are documented on a complaint form. The supervisor shall ensure that the nature of the complaint is defined as clearly as possible. All formal complaints should also be documented in a log that records and tracks complaints. The log shall include the nature of the complaint and the actions taken to address the complaint. On an annual basis, the Department should audit the log and send an audit report to the Chief of Police or the authorized designee. Jeffersonville Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Personnel Complaints - 479 1012.6 ADMINISTRATIVE INVESTIGATIONS Allegations of misconduct will be administratively investigated as follows. 1012.6.1 SUPERVISOR RESPONSIBILITIES In general, the primary responsibility for the investigation of a personnel complaint shall rest with the member's immediate supervisor, unless the supervisor is the complainant, or the supervisor is the ultimate decision-maker regarding disciplinary action or has any personal involvement regarding the alleged misconduct. The Chief of Police or the authorized designee may direct that another supervisor investigate any complaint. A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent aggravation of the situation. The responsibilities of supervisors include, but are not limited to: (a)Ensuring that upon receiving or initiating any formal complaint, a complaint form is completed. 1.The original complaint form will be directed to the Uniform Patrol Commander of the accused member, via the chain of command, who will take appropriate action and/ or determine who will have responsibility for the investigation. (b)Responding to all complaints in a courteous and professional manner. (c)Resolving those personnel complaints that can be resolved immediately. 1.Follow-up contact with the complainant should be made within 24 hours of the Department receiving the complaint. 2.If the matter is resolved and no further action is required, the supervisor will note the resolution on a complaint form and forward the form to the Uniform Patrol Commander. (d)Ensuring that upon receipt of a complaint involving allegations of a potentially serious nature, the Uniform Patrol Commander and Chief of Police are notified via the chain of command as soon as practicable. (e)Promptly contacting the Uniform Patrol Commander for direction regarding their role in addressing a complaint that relates to sexual, racial, ethnic or other forms of prohibited harassment or discrimination. (f)Forwarding unresolved personnel complaints to the Uniform Patrol Commander, who will determine whether to contact the complainant or assign the complaint for investigation. (g)Informing the complainant of the investigator’s name and the complaint number within three days after assignment. (h)Investigating a complaint as follows: Jeffersonville Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Personnel Complaints - 480 1.Making reasonable efforts to obtain names, addresses and telephone numbers of witnesses. 2.When appropriate, ensuring immediate medical attention is provided and photographs of alleged injuries and accessible uninjured areas are taken. (i)Ensuring that the procedural rights of the accused member are followed. (j)Ensuring interviews of the complainant are generally conducted during reasonable hours. 1012.6.2 ADMINISTRATIVE INVESTIGATION PROCEDURES Whether conducted by a supervisor or a member of the Detective Division, the following Due Process Rights applies: (a)Although administrative investigations will ordinarily be conducted by Internal Affairs, nothing herein shall preclude the Department from conducting such investigations by use of personnel other than the Internal Affairs. (b)The Department shall not subject Officers suspected of criminal or administrative wrongdoing to threats, promises, or coercion; however, either suspension with or without pay nor reassignment shall be deemed coercion. (c)If an Officer is suspended pending completion of an investigation, the Officer shall be informed of the reasons therefore no later than twenty-four (24) hours after being so suspended. (d)No Officer shall be interrogated on a departmental matter concerning alleged misconduct on his or her part without having been notified in writing of the nature of the alleged misconduct or revelations, and only after having been given a reasonable period of time after receipt of the notice to review it and other appropriate documents. 1.No interrogation shall be conducted until the Officer has had an adequate rest period following a shift of work. 2.The Officer may be required to submit a written report of the alleged incident if the request for a written report is made by the Department no later than the end of the subject Officer’s next tour of duty after the tour of duty on which the Department initially was made aware of the charges. An Officer required to submit such a written report shall be advised verbally and in writing of the nature of any alleged misconduct or rule violations. (e)Upon the request of an Officer under investigation or his representative, the Officer shall be provided a copy of the transcript (if one has been made) of the recorded interview of the Officer and a copy of the audio recording. The Officer shall provide Internal Affairs with an audio recording device at his expense. (f)An Officer under arrest, or likely to be arrested, or who is a suspect in any criminal investigation, shall be afforded the same constitutional rights as accorded to any citizen, including but not limited to the right to remain silent and the right to counsel, and shall be notified of those rights before any questioning commences. However, nothing in the foregoing shall prohibit suspension with or without pay or reassignment pending disposition of the charges. Jeffersonville Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Personnel Complaints - 481 (g)No member may be compelled to submit to a polygraph or truth telling device examination, nor shall any refusal to submit to such examination be mentioned in any investigation. 1012.6.3 ADMINISTRATIVE INVESTIGATION FORMAT Formal investigations of personnel complaints shall be thorough, complete and essentially follow this format: Introduction - Include the identity of the members, the identity of the assigned investigators, the initial date and source of the complaint. Synopsis - Provide a brief summary of the facts giving rise to the investigation. Summary - List the allegations separately, including applicable policy sections, with a brief summary of the evidence relevant to each allegation. A separate recommended finding should be provided for each allegation. Evidence - Each allegation should be set forth with the details of the evidence applicable to each allegation provided, including comprehensive summaries of member and witness statements. Other evidence related to each allegation should also be detailed in this section. Conclusion - A recommendation regarding further action or disposition should be provided. Exhibits - A separate list of exhibits (e.g., recordings, photos, documents) should be attached to the report. 1012.6.4 DISPOSITIONS Each personnel complaint shall be classified with one of the following dispositions: Unfounded - When the investigation discloses that the alleged acts did not occur or did not involve department members. Complaints that are determined to be frivolous will fall within the classification of unfounded. Exonerated - When the investigation discloses that the alleged act occurred but that the act was justified, lawful and/or proper. Not sustained - When the investigation discloses that there is insufficient evidence to sustain the complaint or fully exonerate the member. Sustained - When the investigation discloses sufficient evidence to establish that the act occurred and that it constituted misconduct. If an investigation discloses misconduct or improper job performance that was not alleged in the original complaint, the investigator shall take appropriate action with regard to any additional allegations. Jeffersonville Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Personnel Complaints - 482 1012.6.5 COMPLETION OF INVESTIGATIONS Every investigator or supervisor assigned to investigate a personnel complaint or other alleged misconduct shall proceed with due diligence in an effort to complete the investigation within one year from the date of discovery by an individual authorized to initiate an investigation. The assigned investigator or supervisor should ensure that within 30 days of the final disposition of the complaint, the complainant is provided written notification of the disposition. 1012.7 ADMINISTRATIVE SEARCHES Assigned lockers, storage spaces and other areas, including desks, offices and vehicles, may be searched as part of an administrative investigation upon a reasonable suspicion of misconduct. Such areas may also be searched any time by a supervisor for non-investigative purposes, such as obtaining a needed report, radio or other document or equipment. Lockers and storage spaces may only be administratively searched in the member's presence, with the member’s consent, with a valid search warrant or where the member has been given reasonable notice that the search will take place. 1012.8 ADMINISTRATIVE LEAVE When a complaint of misconduct is of a serious nature, or when circumstances indicate that allowing the accused to continue to work would adversely affect the mission of the Department, the Chief of Police or the authorized designee may temporarily assign an accused employee to administrative leave. Any employee placed on administrative leave: (a)May be required to relinquish any department badge, identification, assigned weapons and any other department equipment. (b)Shall be required to continue to comply with all policies and lawful orders of a supervisor. (c)May be temporarily reassigned to a different shift, generally a normal business-hours shift, during the investigation. The employee may be required to remain available for contact at all times during such shift, and will report as ordered. 1012.9 CRIMINAL INVESTIGATION Where a member is accused of potential criminal conduct, a separate supervisor or investigator shall be assigned to investigate the criminal allegations apart from any administrative investigation. Any separate administrative investigation may parallel a criminal investigation. The Chief of Police shall be notified as soon as practicable when a member is accused of criminal conduct. The Chief of Police may request a criminal investigation by an outside law enforcement agency. A member accused of criminal conduct shall be provided with all rights afforded to a civilian. The member should not be administratively ordered to provide any information in the criminal investigation. Jeffersonville Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Personnel Complaints - 483 No information or evidence administratively coerced from a member may be provided to anyone involved in conducting the criminal investigation or to any prosecutor. The Jeffersonville Police Department may release information concerning the arrest or detention of any member, including an officer, that has not led to a conviction. No disciplinary action should be taken until an independent administrative investigation is conducted. 1012.10 POST-ADMINISTRATIVE INVESTIGATION PROCEDURES Upon completion of a formal investigation, an investigation report should be forwarded to the Chief of Police through the chain of command. Each level of command should review the report and include their comments in writing before forwarding the report. The Chief of Police may accept or modify any classification or recommendation for disciplinary action. 1012.10.1 ASSISTANT CHIEF RESPONSIBILITIES Upon receipt of any completed personnel investigation, the Assistant Chief of the involved member shall review the entire investigative file, the member's personnel file and any other relevant materials. The Assistant Chief may make recommendations regarding the disposition of any allegations and the amount of discipline, if any, to be imposed. Prior to forwarding recommendations to the Chief of Police, the Assistant Chief may return the entire investigation to the assigned investigator or supervisor for further investigation or action. When forwarding any written recommendation to the Chief of Police, the Assistant Chief shall include all relevant materials supporting the recommendation. Actual copies of a member's existing personnel file need not be provided and may be incorporated by reference. 1012.10.2 CHIEF OF POLICE RESPONSIBILITIES Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall review the recommendation and all accompanying materials. The Chief of Police may modify any recommendation and/or may return the file to the Assistant Chief for further investigation or action. Once the Chief of Police is satisfied that no further investigation or action is required by staff, the Chief of Police shall determine the amount of discipline, if any, that should be imposed. In the event disciplinary action is proposed, the Chief of Police shall provide the member with a written notice and the following: (a)Access to all of the materials considered by the Chief of Police in recommending the proposed discipline. (b)An opportunity to respond orally or in writing to the Chief of Police within five days of receiving the notice. 1.Upon a showing of good cause by the member, the Chief of Police may grant a reasonable extension of time for the member to respond. Jeffersonville Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Personnel Complaints - 484 2.If the member elects to respond orally, the presentation shall be recorded by the Department. Upon request, the member shall be provided with a copy of the recording. Once the member has completed his/her response, or if the member has elected to waive any such response, the Chief of Police shall consider all information received in regard to the recommended discipline. The Chief of Police shall render a timely written decision to the member and specify the grounds and reasons for discipline. 1012.11 PRE-DISCIPLINE EMPLOYEE RESPONSE The pre-discipline process is intended to provide the accused employee with an opportunity to present a written or oral response to the Chief of Police after having had an opportunity to review the supporting materials and prior to imposition of any recommended discipline. The employee shall consider the following: (a)The response is not intended to be an adversarial or formal hearing. (b)Although the employee may be represented by an uninvolved representative or legal counsel, the response is not designed to accommodate the presentation of testimony or witnesses. (c)The employee may suggest that further investigation could be conducted or the employee may offer any additional information or mitigating factors for the Chief of Police to consider. (d)In the event that the Chief of Police elects to conduct further investigation, the employee shall be provided with the results prior to the imposition of any discipline. (e)The employee may thereafter have the opportunity to further respond orally or in writing to the Chief of Police on the limited issues of information raised in any subsequent materials. 1012.11.1 REVIEW AND HEARING In the event that an employee is reprimanded in writing or suspended for a period of five days or less, the Chief of Police shall notify the applicable merit commission, in writing, within 48 hours of the action and the reasons for the action. Unless the employee timely seeks review, the proposed discipline becomes final (I.C. § 36-8-3.5-19). If the employee is dismissed, demoted or suspended for more than five days, the employee may request a hearing as provided in I.C. § 36-8-3.5-17. 1012.12 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE In the event that a member tenders a written resignation or notice of retirement prior to the imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by itself shall not serve as grounds for the termination of any pending investigation or discipline. Jeffersonville Police Department Policy Manual Personnel Complaints Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Personnel Complaints - 485 1012.13 POST-DISCIPLINE APPEAL RIGHTS In the event that the merit commission decides to dismiss, demote or suspend an employee for a period exceeding 10 days, the employee may appeal to the circuit or superior court of the county in which the unit is located as provided in I.C. § 36-8-3.5-18. 1012.14 PROBATIONARY EMPLOYEES AND OTHER MEMBERS At-will employees may be disciplined and/or released from employment without adherence to any of the procedures set out in this policy, and with or without notice or cause, at any time. These individuals are not entitled to any rights under this policy, including progressive discipline. Probationary employees may be disciplined and/or released from employment without adherence to any of the procedures set out in this policy and/or just cause. 1012.15 RETENTION OF PERSONNEL INVESTIGATION FILES All personnel complaints shall be maintained in accordance with the established records retention schedule and as described in the Personnel Records Policy. Policy 1013 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Safety Belts - 486 Safety Belts 1013.1 PURPOSE AND SCOPE This policy establishes guidelines for the use of safety belts and child restraints. This policy will apply to all members operating or riding in department vehicles. 1013.1.1 DEFINITIONS Definitions related to this policy include: Child restraint system - An infant or child passenger restraint system that meets Federal Motor Vehicle Safety Standards (FMVSS) and regulations set forth in 49 CFR 571.213 (I.C. § 9-19-11-1 et seq.). Safety belt system - A system utilizing a lap belt, a shoulder belt or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, and that conforms to federal regulations (49 CFR 571). 1013.2 POLICY It is the policy of the Jeffersonville Police Department that members use safety and child restraint systems to reduce the possibility of death or injury in a motor vehicle accident. 1013.3 WEARING OF SAFETY RESTRAINTS All members shall wear properly adjusted safety restraints when operating or riding in a seat equipped with restraints, in any vehicle owned, leased or rented by this department while on- or off-duty, or in any privately owned vehicle while on-duty. The member driving such a vehicle shall ensure that all other occupants, including those who are not members of the Department, are properly restrained. Exceptions to the requirement to wear safety restraints may be made only in exceptional situations where, due to unusual circumstances, wearing a safety belt would endanger the department member or the public. Members must be prepared to justify any deviation from this requirement. 1013.4 TRANSPORTING CHILDREN Child passengers shall be transported using an approved child restraint system in compliance with I.C. § 9-19-11-1 et seq. Rear seat passengers in a cage-equipped vehicle may have reduced clearance, which requires careful seating and positioning of safety belts. Due to this reduced clearance, and if permitted by law, children and any child restraint system may be secured in the front seat of such vehicles provided this positioning meets federal safety standards and the vehicle and child restraint system manufacturer’s design and use recommendations. In the event that a child is transported in the front seat of a vehicle, the seat should be pushed back as far as possible and the passenger- side air bag should be deactivated. If this is not possible, members should arrange alternate transportation when feasible. Jeffersonville Police Department Policy Manual Safety Belts Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Safety Belts - 487 1013.5 TRANSPORTING SUSPECTS, PRISONERS OR ARRESTEES Suspects, prisoners and arrestees should be in a seated position and secured in the rear seat of any department vehicle with a prisoner restraint system or, when a prisoner restraint system is not available, the front passenger seat by safety belts provided by the vehicle manufacturer. The prisoner restraint system is not intended to be a substitute for handcuffs or other appendage restraints. Prisoners in leg restraints shall be transported in accordance with the Handcuffing and Restraints Policy. 1013.6 INOPERABLE SAFETY BELTS Department vehicles shall not be operated when the safety belt in the driver's position is inoperable. Persons shall not be transported in a seat in which the safety belt is inoperable. Department vehicle safety belts shall not be modified, removed, deactivated or altered in any way, except by the vehicle maintenance and repair staff, who shall do so only with the express authorization of the Chief of Police. Members who discover an inoperable restraint system shall report the defect to the appropriate supervisor. Prompt action will be taken to replace or repair the system. 1013.7 VEHICLES MANUFACTURED WITHOUT SAFETY BELTS Vehicles manufactured and certified for use without safety belts or other restraint systems are subject to the manufacturer’s operator requirements for safe use. 1013.8 VEHICLE AIRBAGS In all vehicles equipped with airbag restraint systems, the system will not be tampered with or deactivated, except when transporting children as written elsewhere in this policy. All equipment installed in vehicles equipped with airbags will be installed as per the vehicle manufacturer specifications to avoid the danger of interfering with the effective deployment of the airbag device. Policy 1014 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Body Armor - 488 Body Armor 1014.1 PURPOSE AND SCOPE The purpose of this policy is to provide officers with guidelines for the proper use of body armor. 1014.2 POLICY It is the policy of the Jeffersonville Police Department to maximize officer safety through the use of body armor in combination with prescribed safety procedures. While body armor provides a significant level of protection, it is not a substitute for the observance of officer safety procedures. 1014.3 ISSUANCE The Assistant Chief shall ensure that body armor is issued to all officers and that, when issued, the body armor meets or exceeds the standards of the National Institute of Justice (I.C. § 36-8-9-9; I.C. § 36-8-10-4.5). Body armor shall be issued when an officer begins service at the Jeffersonville Police Department and shall be replaced when the body armor becomes worn or damaged to the point that its effectiveness or functionality has been compromised. The Chief of Police may authorize issuance of body armor to uniformed, civilian members whose jobs may make wearing of body armor advisable. 1014.3.1 USE Generally, the required use of body armor is subject to the following: (a)Members shall only wear department-approved body armor. (b)Members shall wear body armor any time they are in a situation where they could reasonably be expected to take enforcement action. (c)Members shall wear body armor when working in uniform or taking part in department range training. (d)Members are not required to wear body armor when they are functioning primarily in an administrative or support capacity and would not reasonably be expected to take enforcement action. (e)Officers may be excused from wearing body armor when they are involved in undercover or plainclothes work that their supervisor determines could be compromised by wearing body armor, or when a supervisor determines that other circumstances make it inappropriate to mandate wearing body armor. 1.In those instances when body armor is not worn, officers should have reasonable access to their body armor. Jeffersonville Police Department Policy Manual Body Armor Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Body Armor - 489 1014.3.2 INSPECTION Supervisors should ensure through routine observation and periodic documented inspections that body armor is worn and maintained in accordance with this policy. Annual inspections of body armor should be conducted by a person trained to perform the inspection for fit, cleanliness and signs of damage, abuse and wear. 1014.3.3 CARE AND MAINTENANCE The required care and maintenance of body armor is subject to the following: (a)Members are responsible for inspecting their body armor for signs of damage, wear and cleanliness at the start of each shift. 1.Unserviceable body armor shall be reported to the supervisor. (b)Members are responsible for the proper storage of their body armor. 1.Body armor should not be stored for an extended period of time in an area where environmental conditions (e.g., temperature, light, humidity) could potentially degrade its effectiveness. (c)Members are responsible for the care and cleaning of their body armor pursuant to the manufacturer’s care instructions. 1.Body armor should not be exposed to any cleaning agents or methods not specifically recommended by the manufacturer. 2.Failure to follow manufacturer’s care instructions may damage the ballistic performance capabilities of the body armor. If care instructions for the body armor cannot be located, the manufacturer should be contacted to request the instructions. (d)Body armor should be replaced in accordance with the manufacturer’s recommended replacement schedule, or when its effectiveness or functionality has been compromised (I.C. § 36-8-9-9; I.C. § 36-8-10-4.5). 1014.4 FIREARMS DIRECTOR RESPONSIBILITIES The responsibilities of the Firearms Director include, but are not limited to: (a)Monitoring technological advances in the body armor industry for any appropriate changes to department-approved body armor. (b)Assessing the level of weapons and ammunition currently utilized by the public and the suitability of approved body armor to protect against those threats. (c)Educating officers about the safety benefits of wearing body armor. Policy 1015 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Personnel Records - 490 Personnel Records 1015.1 PURPOSE AND SCOPE This policy governs maintenance and access to personnel records. Personnel records include any file maintained under an individual member's name. 1015.2 POLICY It is the policy of this department to maintain personnel records and preserve the confidentiality of personnel records pursuant to the Constitution and the laws of Indiana (I.C. § 5-14-3-4(b)(8)). 1015.3 DEPARTMENT FILE The department file shall be maintained in the office of the Chief of Police as a permanent record of a person’s employment/appointment with this department. The department file should contain, at a minimum: (a)Personal data, including photographs, marital status, names of family members, educational and employment history or similar information. A photograph of the member should be permanently retained. (b)Election of employee benefits. (c)Personnel action reports reflecting assignments, promotions and other changes in employment/appointment status. These should be permanently retained. (d)Original performance evaluations. These should be permanently maintained. (e)Discipline records, including copies of sustained personnel complaints. (f)Adverse comments such as supervisor notes or memos may be retained in the department file after the member has had the opportunity to read and initial the comment. 1.Once a member has had an opportunity to read and initial any adverse comment, the member should be given the opportunity to respond in writing to the adverse comment. 2.Any member response should be attached to and retained with the original adverse comment. 3.If a member refuses to initial or sign an adverse comment, at least one supervisor should note the date and time of such refusal on the original comment. Such a refusal, however, should not be deemed insubordination nor shall it prohibit the entry of the adverse comment into the member's file. (g)Commendations and awards. (h)Any other information, the disclosure of which would constitute an unwarranted invasion of personal privacy. Jeffersonville Police Department Policy Manual Personnel Records Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Personnel Records - 491 1015.4 DIVISION FILE Division files may be separately maintained internally by a member's supervisor for the purpose of completing timely performance evaluations. The Division file may contain supervisor comments, notes, notices to correct, and other materials that are intended to serve as a foundation for the completion of timely performance evaluations. 1015.5 TRAINING FILE An individual training file shall be maintained by the Training Commander for each member. Training files will contain records of all training; original or photocopies of available certificates, transcripts, diplomas and other documentation; and education and firearms qualifications, including mandated annual qualification. Training records may also be created and stored remotely, either manually or automatically (e.g., Daily Training Bulletin (DTB) records). (a)It shall be the responsibility of the involved member to provide the Training Commander or immediate supervisor with evidence of completed training/education in a timely manner. (b)The Training Commander or supervisor shall ensure that copies of such training records are placed in the member’s training file. 1015.6 INTERNAL AFFAIRS FILE Internal affairs files shall be maintained under the exclusive control of the Chief of Detectives in conjunction with the office of the Chief of Police. Access to these files may only be approved by the Chief of Police. These files shall contain the complete investigation of all formal complaints of member misconduct, regardless of disposition. Investigations of complaints that result in a finding of not sustained, unfounded or exonerated shall not be placed in the member's department file but will be maintained in the internal affairs file. 1015.7 MEDICAL FILE A medical file shall be maintained separately from all other personnel records and shall contain all documents relating to the member’s medical condition and history, including but not limited to: (a)Materials relating to a medical leave of absence, including leave under the Family and Medical Leave Act (FMLA). (b)Documents relating to worker's compensation claims or the receipt of short- or long-term disability benefits. (c)Fitness-for-duty examinations, psychological and physical examinations, follow-up inquiries and related documents. (d)Medical release forms, doctor’s slips and attendance records that reveal a member’s medical condition. Jeffersonville Police Department Policy Manual Personnel Records Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Personnel Records - 492 (e)Any other documents or materials that reveal the member’s medical history or medical condition, including past, present or future anticipated mental, psychological or physical limitations. 1015.8 CONFIDENTIALITY AND SECURITY Personnel records should be maintained in a secured location and locked either in a cabinet or access-controlled room. Personnel records maintained in an electronic format should have adequate password protection. Personnel records are confidential and subject to disclosure only as provided in this policy or pursuant to applicable discovery procedures. Nothing in this policy is intended to preclude review of personnel records by the City Attorney, City Attorney or other attorneys or representatives of the City in connection with official business. 1015.8.1 REQUESTS FOR DISCLOSURE Any member receiving a request for a personnel record shall promptly notify the Assistant, or other person charged with the maintenance of such records. Upon receipt of any such request, the responsible person shall notify the affected member as soon as practicable that such a request has been made. The responsible person shall further ensure that an appropriate response to the request is made in a timely manner, consistent with applicable law. In many cases, this may require assistance of available legal counsel. All requests for disclosure that result in access to a member’s personnel records, shall be logged in the corresponding file. 1015.9 MEMBER ACCESS TO THEIR PERSONNEL RECORDS Any member or their representative may request access to his/her own personnel records during the normal business hours of those responsible for maintaining such files (I.C. § 5-14-3-4(b)(8)). Any member seeking the removal of any item from his/her personnel records shall file a written request to the Chief of Police through the chain of command. The Department shall remove any such item if appropriate, or within 30 days provide the member with a written explanation of why the contested item will not be removed. If the contested item is not removed from the file, the member’s request and the written response from the Department shall be retained with the contested item in the member’s corresponding personnel record. Members may be restricted from accessing files containing any of the following information: (a)An ongoing internal affairs investigation to the extent that it could jeopardize or compromise the investigation pending final disposition or notice to the member of the intent to discipline. (b)Confidential portions of internal affairs files that have not been sustained against the member. Jeffersonville Police Department Policy Manual Personnel Records Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Personnel Records - 493 (c)Criminal investigations involving the member. (d)Letters of reference concerning employment/appointment, licensing or issuance of permits regarding the member. (e)Any portion of a test document, except the cumulative total test score for either a section of the test document or for the entire test document. (f)Materials used by the Department for staff management planning, including judgments or recommendations concerning future salary increases and other wage treatments, management bonus plans, promotions and job assignments or other comments or ratings used for Department planning purposes. (g)Information of a personal nature about a person other than the member if disclosure of the information would constitute a clearly unwarranted invasion of the other person's privacy. (h)Records relevant to any other pending claim between the Department and the member that may be discovered in a judicial proceeding. 1015.10 RETENTION AND PURGING Unless provided otherwise in this policy, personnel records shall be maintained in accordance with the established records retention schedule. (a)During the preparation of each member’s performance evaluation, all personnel complaints and disciplinary actions should be reviewed to determine the relevancy, if any, to progressive discipline, training and career development. Each supervisor responsible for completing the member's performance evaluation should determine whether any prior sustained disciplinary file should be retained beyond the required period for reasons other than pending litigation or other ongoing legal proceedings. (b)If a supervisor determines that records of prior discipline should be retained beyond the required period, approval for such retention should be obtained through the chain of command from the Chief of Police. (c)If, in the opinion of the Chief of Police, a personnel complaint or disciplinary action maintained beyond the required retention period is no longer relevant, all records of such matter may be destroyed in accordance with the established records retention schedule. Policy 1016 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Request for Change of Assignment - 494 Request for Change of Assignment 1016.1 PURPOSE AND SCOPE This policy establishes guidelines for department members to request a change of assignment in response to an announced vacancies. 1016.2 POLICY It is the policy of the Jeffersonville Police Department that all requests for change of assignment be considered in an equitable and nondiscriminatory manner. 1016.3 REQUEST FOR CHANGE OF ASSIGNMENT Upon the annoucment of a vacacy within the department, members meeting the requriements for the vacancy shall submit a request in writting to their shift commanders and forwarded to the adminstration. The change of assignment request provides members with the opportunity to list their qualifications for specific assignments. It should include: (a)The member’s relevant experience, education and training. (b)All assignments in which the member is interested. 1016.4 RESPONSIBILITIES 1016.4.1 SHIFT COMMANDERS Upon receipt of a change of assignment request, the Shift Commander will make appropriate comments and recommendations and forward it to the adminstration. Policy 1017 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Commendations and Awards - 495 Commendations and Awards 1017.1 PURPOSE AND SCOPE This policy provides general guidelines for recognizing the commendable and meritorious acts of members of the Jeffersonville Police Department and individuals from the community. 1017.2 POLICY It is the policy of the Jeffersonville Police Department to recognize and acknowledge exceptional individual or group achievements, performance, proficiency, heroism and service of its members and individuals from the community through commendations and awards. 1017.3 COMMENDATIONS Commendations for members of the Department or for individuals from the community may be initiated by any department member or by any person from the community. 1017.4 CRITERIA A meritorious or commendable act may include, but is not limited to, the following: •Superior handling of a difficult situation •Conspicuous bravery, heroism or outstanding performance •Any action or performance that is above and beyond typical duties 1017.5 AWARDS Awards may be conferred on any active or honorably retired member of the Department and individuals from the community. These awards include the following: •Purple Heart - Awarded to any law enforcement officer who is wounded or killed in the line of duty. •Award of Valor - May be awarded to officers who distinguish themselves by conspicuous bravery or heroism above and beyond the normal demands of police service. To be awarded, an officer would have performed an act displaying extreme courage while consciously facing imminent peril to save or protect human life. •Meritorious Conduct Award - May be awarded for a heroic deed and exceptionally meritorious conduct involving exemplary courage, risk and danger to personal safety. •Lifesaving Award - May be awarded to any officer for the saving of a human life or for prolonging their life to the extent that the victim was released to the care of medical authorities. Criteria for each award and the selection, presentation and display of any award are determined by the Chief of Police. Jeffersonville Police Department Policy Manual Commendations and Awards Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Commendations and Awards - 496 1017.6 DEPARTMENT MEMBER DOCUMENTATION Members of the Department should document meritorious or commendable acts. The documentation should contain the following: (a)Identifying information: 1.For members of the Department - Name, division and assignment at the date and time of the meritorious or commendable act 2.For individuals from the community - Name, address, telephone number (b)A brief account of the meritorious or commendable act with report numbers, as appropriate (c)Signature of the member submitting the documentation 1017.7 COMMUNITY MEMBER DOCUMENTATION Documentation of a meritorious or commendable act submitted by a person from the community should be accepted in any form. However, written documentation is preferred. Department members accepting the documentation should attempt to obtain detailed information regarding the matter, including the following: (a)Identifying information: 1.For members of the Department - Name, division and assignment at the date and time of the meritorious or commendable act 2.For individuals from the community - Name, address. telephone number (b)A brief account of the meritorious or commendable act with report numbers, as appropriate (c)Signature of the person submitting the documentation 1017.8 PROCESSING DOCUMENTATION Documentation regarding the meritorious or commendable act of a member of the Department shall be forwarded to the appropriate command staff for his/her review. The appropriate command staff shall sign and forward the documentation to the Chief of Police for his/her review. The Chief of Police will present the commendation to the department member for his/her signature. The documentation will then be returned to the Administration secretary for entry into the member’s personnel file. Documentation regarding the meritorious or commendable act of an individual from the community shall be forwarded to the Administration Assistant Chief. The documentation will be signed by the Assistant Chief and forwarded to the Chief of Police for his/her review. An appropriate venue or ceremony to acknowledge the individual’s actions shall be arranged. Documentation of the commendation shall be maintained in a file designated for such records. Policy 1018 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Fitness for Duty - 497 Fitness for Duty 1018.1 PURPOSE AND SCOPE Monitoring members’ fitness for duty is essential for the safety and welfare of the members of the Department and the community. The purpose of this policy is to ensure that all members of this department remain fit for duty and able to perform their job functions. 1018.2 POLICY The Jeffersonville Police Department strives to provide a safe and productive work environment and ensure that all members of this department can safely and effectively perform the essential functions of their jobs. Under limited circumstances, the Department may require a professional evaluation of a member’s physical and/or mental capabilities to determine his/her ability to perform essential functions. 1018.3 MEMBER RESPONSIBILITIES It is the responsibility of each member of this department to maintain physical stamina and psychological stability sufficient to safely and effectively perform the essential duties of his/her position. During working hours, all members are required to be alert, attentive and capable of performing their assigned responsibilities. Any member who feels unable to perform his/her duties shall promptly notify a supervisor. In the event that a member believes that another department member is unable to perform his/her duties, such observations and/or belief shall be promptly reported to a supervisor. 1018.4 SUPERVISOR RESPONSIBILITIES All supervisors should be alert to any indication that a member may be unable to safely perform his/her duties due to an underlying physical or psychological impairment or condition. Such indications may include: (a)An abrupt and negative change in the member’s normal behavior. (b)A pattern of irrational conduct, hostility or oppositional behavior. (c)Personal expressions of instability. (d)Inappropriate use of alcohol or other substances, including prescribed medication. (e)A pattern of questionable judgment, impulsive behavior or the inability to manage emotions. (f)Any other factor or combination of factors causing a supervisor to believe the member may be suffering from an impairment or condition requiring intervention. Supervisors shall maintain the confidentiality of any information consistent with this policy. Jeffersonville Police Department Policy Manual Fitness for Duty Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Fitness for Duty - 498 1018.4.1 REPORTING A supervisor observing a member, or receiving a report of a member who is perceived to be unable to safely or effectively perform his/her duties shall promptly document all objective information and/or observations. The supervisor should attempt to meet with the member to inquire about the conduct or behavior giving rise to the concerns. If a meeting does not resolve the supervisor’s concerns or does not take place, the supervisor shall promptly document his/her observations and actions in a written report and inform the Administration Command Staff.Assistant Chief 1018.4.2 DUTY STATUS In conjunction with the Uniform Patrol Commander or the member’s Assistant Chief, the supervisor should make a preliminary determination regarding the member’s duty status. If a determination is made that the member can safely and effectively perform the essential functions of his/her job, the member should be returned to duty and arrangements made for appropriate follow-up. If a preliminary determination is made that the member’s conduct or behavior represents an inability to safely and effectively perform the essential functions of his/her job, the Uniform Patrol Commander or the member’s Assistant Chief should immediately relieve the member of duty pending further evaluation. Employees relieved of duty shall comply with the administrative leave provisions of the Personnel Complaints Policy. The Chief of Police shall be promptly notified in the event that any member is relieved of duty. 1018.5 FITNESS-FOR-DUTY EVALUATIONS A fitness-for-duty evaluation may be ordered whenever circumstances reasonably indicate that a member is unfit for duty or following an officer-involved shooting or death-in-custody incident. 1018.5.1 PROCESS The Chief of Police, in cooperation with the Human Resources Department, may order the member to undergo a fitness-for-duty evaluation. The examining practitioner will provide the Department with a report indicating whether the member is fit for duty. If the member is not fit for duty, the practitioner will include the existing restrictions or conditions in the report. In order to facilitate the evaluation of any member, the Department will provide all appropriate documents and available information. All reports and evaluations submitted by the examining practitioner shall be part of the member’s confidential medical file. Jeffersonville Police Department Policy Manual Fitness for Duty Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Fitness for Duty - 499 Any member ordered to undergo a fitness-for-duty evaluation shall comply with the terms of the order and cooperate fully with the examining practitioner. Any failure to comply with such an order and any failure to cooperate with the practitioner may be deemed insubordination and shall subject the member to discipline, up to and including termination. Determinations regarding duty status of members who are found to be unfit for duty or fit for duty with limitations will be made in cooperation with the Human Resources Department. 1018.6 LIMITATION ON HOURS WORKED Absent emergency operations, members should not work more than the maximum number of hours permitted by law or more than: •16 hours in a one-day (24 hours) period •30 hours in any two-day (48 hours) period •84 hours in any seven-day (168 hours) period Except in unusual circumstances, members should have a minimum of eight hours off between shifts. Supervisors should give consideration to reasonable rest periods and are authorized to deny overtime or relieve any member who has exceeded the above guidelines to off-duty status. Limitations on the number of hours worked apply to shift changes, shift trades, rotation, holdover, training, general overtime and any other work assignments. 1018.7 APPEALS Employees disputing the application or interpretation of this policy may submit a grievance as provided in the Grievances Policy. Policy 1019 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Meal Periods - 500 Meal Periods 1019.1 PURPOSE AND SCOPE This policy provides general guidance regarding the availability of meal periods. 1019.2 POLICY It is the policy of the Jeffersonville Police Department to provide meal peroids to members of this department in accordance with the applicable collective bargaining agreement. 1019.3 MEAL PERIODS Officers shall remain on-duty and subject to call out during meal periods. Call outs during meal periods will based on public safety and departmental needs for emergency and non-emergency events that arise. Uniformed patrol officers shall request clearance from the Officer in Charge prior to taking a meal period. For approved meal periods Uniformed Officers shall inform the Telecommunications Operator of the location of the meal period. Uniformed officers shall take their meal periods within the City limits unless authorized by the Officer in Charge and shall monitor the police radio. The time spent for the meal period shall not exceed 45 minutes or the authorized time allowed. Policy 1020 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Lactation Breaks - 501 Lactation Breaks 1020.1 PURPOSE AND SCOPE The purpose of this policy is to provide reasonable accommodations to members desiring to express breast milk for the member’s infant child. 1020.2 POLICY It is the policy of the Jeffersonville Police Department to provide, in compliance with the Fair Labor Standards Act (FLSA), reasonable break time and appropriate facilities to accommodate any member desiring to express breast milk for her infant nursing child for up to one year after the child’s birth (29 USC § 207). 1020.3 LACTATION BREAK TIME A rest period should be permitted each time the member has the need to express breast milk (29 USC § 207). In general, lactation breaks that cumulatively total 30 minutes or less during any four- hour work period or major portion of a four-hour work period would be considered reasonable. However, individual circumstances may require more or less time (I.C. § 5-10-6-2). Lactation breaks, if feasible, should be taken at the same time as the member’s regularly scheduled rest or meal periods. While a reasonable effort will be made to provide additional time beyond authorized breaks, any such time exceeding regularly scheduled and paid break time will be unpaid. Members desiring to take a lactation break shall notify the telecommunications operator or a supervisor prior to taking such a break. Such breaks may be reasonably delayed if they would seriously disrupt department operations. Once a lactation break has been approved, the break should not be interrupted except for emergency or exigent circumstances. 1020.4 PRIVATE LOCATION The Department will make reasonable efforts to accommodate members with the use of an appropriate room or other location to express milk in private. Such room or place should be in proximity to the member’s work area and shall be other than a bathroom or toilet stall. The location must be shielded from view and free from intrusion from co-workers and the public (29 USC § 207, I.C. § 5-10-6-2). Members occupying such private areas shall either secure the door or otherwise make it clear to others that the area is occupied with a need for privacy. All other members should avoid interrupting a member during an authorized break, except to announce an emergency or other urgent circumstance. Authorized lactation breaks for members assigned to the field may be taken at the nearest appropriate private area. Jeffersonville Police Department Policy Manual Lactation Breaks Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Lactation Breaks - 502 1020.5 STORAGE OF EXPRESSED MILK Any member storing expressed milk in any authorized refrigerated area within the Department shall clearly label it as such and shall remove it when the member’s shift ends. Policy 1021 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Payroll Records - 503 Payroll Records 1021.1 PURPOSE AND SCOPE This policy provides the guidelines for completing and submitting payroll records of department members who are eligible for the payment of wages. 1021.2 POLICY The Jeffersonville Police Department maintains timely and accurate payroll records. 1021.3 RESPONSIBILITIES Members are responsible for the accurate completion and timely submission of their payroll records for the payment of wages. Supervisors are responsible for approving the payroll records for those under their commands. The Jeffersonville Police Department shall provide to each member a statement that includes the (I.C. § 22-2-2-8): (a) Hours worked by the member. (b) Wages paid to the member. (c) Deductions made. 1021.4 TIME REQUIREMENTS Members who are eligible for the payment of wages are paid on a scheduled, periodic basis, generally on the same day or date each period, with certain exceptions, such as holidays. Payroll records shall be completed and submitted to Administration as established by the City payroll procedures. 1021.5 RECORDS The Administration Assistant Chief shall ensure that accurate and timely payroll records are maintained as required by 29 CFR 516.2 for a minimum of three years (31 IAC 5-7-9; 29 CFR 516.5). Policy 1022 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Overtime Compensation - 504 Overtime Compensation 1022.1 PURPOSE AND SCOPE This policy establishes guidelines and procedures regarding overtime for employees, in conformance with the Fair Labor Standards Act (FLSA) (29 USC § 201 et seq.). 1022.2 POLICY The Jeffersonville Police Department will compensate nonexempt employees who work authorized overtime either by payment of wages or by the accrual of compensatory time (29 CFR 553.22). Employees who are salary exempt from FLSA are not compensated for overtime worked. 1022.3 COMPENSATION Payment of wages to nonexempt employees for overtime, or accrual of compensatory time in lieu of compensation for overtime worked, shall be at the rate of not less than one and one-half hours for each hour of employment for which overtime compensation is required (29 USC § 207(k)(2); 29 USC § 207(o)(1)). Short periods of overtime worked at the end of the normal duty day (e.g., less than one hour in duration) may be handled informally by an agreement between the supervisor and the employee. In such cases, the supervisor shall document the overtime worked and schedule a subsequent shift adjustment within the same work period that the overtime was worked, rather than submit a request for overtime compensation (29 USC § 207(k)). Salary exempt employees may be eligible for administrative leave, which may be granted at the discretion of the exempt employee’s immediate supervisor. 1022.4 REQUESTS FOR OVERTIME COMPENSATION 1022.4.1 EMPLOYEE RESPONSIBILITIES Generally, no employee is authorized to work overtime without the prior approval of a supervisor. If circumstances do not permit prior approval, approval shall be sought as soon as practicable during the overtime shift and in no case later than the end of the shift in which the overtime is worked. Nonexempt employees shall: (a)Obtain supervisory approval, verbal or written. (b)Not work in excess of 16 hours, including regularly scheduled work time, overtime and extra- duty time, in any consecutive 24-hour period without supervisory approval. (c)Not work in excess of eight hours per day for a period of six days in one week, except in the case of a public emergency (I.C. § 36-8-4-8). (d)Not work more than an average of 48 hours per week in one year (I.C. § 36-8-4-8). Jeffersonville Police Department Policy Manual Overtime Compensation Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Overtime Compensation - 505 (e)Record the actual time worked in an overtime status using the department-approved form or method. Informal notations on reports, logs or other forms not approved for overtime recording are not acceptable. (f)Submit the request for overtime compensation to their supervisors by the end of shift or no later than the next calendar day. 1022.4.2 SUPERVISOR RESPONSIBILITIES Supervisors shall: (a)Prior to authorizing an employee to work overtime, evaluate the need for the overtime. 1.Supervisors should not authorize any request to work overtime if the overtime would not be an appropriate use of department resources. (b)Upon receipt of a request for overtime compensation, confirm that the overtime was authorized and then verify the actual time worked. 1.Supervisors identifying any unauthorized overtime or discrepancy shall refer the discrepancy to the member's squad commander. (c)After verifying and approving the overtime amount, promptly forward the request for compensation to the employee’s Assistant Chief for final approval. 1.After the Assistant Chief has authorized compensation, the request shall be submitted to Administration as soon as practicable. Supervisors may not authorize or approve their own overtime, unless otherwise directed. 1022.5 ACCOUNTING FOR PORTIONS OF AN HOUR Authorized overtime work shall be accounted in the increments as listed: TIME WORKED INDICATE ON CARD Up to 15 minutes .25 hour 16 to 30 minutes .50 hour 31 to 45 minutes .75 hour 46 to 60 minutes 1 hour 1022.5.1 VARIATION IN TIME REPORTED When two or more employees are assigned to the same activity, case or court trial, and the amount of time for which overtime compensation is requested varies among the officers, the Uniform Patrol Commander or other approving supervisor may require each employee to include the reason for the variation on the overtime compensation request. Jeffersonville Police Department Policy Manual Overtime Compensation Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Overtime Compensation - 506 1022.6 REQUESTING USE OF COMPENSATORY TIME Employees who have accrued compensatory time shall be allowed to use that time for time off within a reasonable period after making a request, if the request does not unduly disrupt department operations. Requests to use compensatory time will be submitted to the employee’s supervisor at least 24 hours in advance of its intended use. Supervisors may make exceptions in unusual or extraordinary circumstances. Compensatory time may not be used for time off for a date and time when the employee is required to appear in court on department-related matters. Supervisors shall not unreasonably deny employee requests to use compensatory time (29 CFR 553.25). Policy 1023 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Outside Employment and Outside Overtime - 507 Outside Employment and Outside Overtime 1023.1 PURPOSE AND SCOPE This policy provides guidelines for department members who seek to engage in authorized outside employment or outside overtime. 1023.1.1 DEFINITIONS Definitions related to this policy include: Outside employment - Duties or services performed by members of this department related to their law enforcement duties for another employer, organization or individual who is not affiliated directly with this department when wages, compensation or other consideration for such duties or services is received. Outside employment also includes duties or services performed by those members who are self-employed and receive compensation or other consideration for services, products or benefits rendered. Outside overtime - Duties or services performed by members of this department related to their law enforcement duties for a private organization, entity or individual, that are requested and scheduled directly through the Department. Member compensation, benefits and costs for such outside services are reimbursed to the Department. 1023.2 POLICY Members of the Jeffersonville Police Department shall obtain written approval from the Chief of Police or the authorized designee prior to engaging in any outside employment or outside overtime related to the member's law enforcement duties. Approval of outside employment or overtime related to the member's law enforcement duties shall be at the discretion of the Chief of Police in accordance with the provisions of this policy. Failure to obtain prior written approval for outside employment or overtime related to the member's law enforcement duties, or engaging in outside employment or overtime that is prohibited by this policy, may lead to disciplinary action. 1023.3 OUTSIDE EMPLOYMENT 1023.3.1 REQUEST AND APPROVAL Members must submit the designated outside employment request form to their Shift Commander. The request form will then be forwarded through the chain of command to the Chief of Police or his/her designee for consideration. If approved, the member will be provided with a copy of the approved request form. Unless otherwise indicated in writing on the request form, approval for outside employment for the requested employment will be valid for one (1) year. During the one (1) year approval period, if there is a break in services provided to the organization listed in the approval, prior to resuming the outside employment, an electronic notification to the member's supervisor will be accepted. Jeffersonville Police Department Policy Manual Outside Employment and Outside Overtime Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Outside Employment and Outside Overtime - 508 1023.3.2 DENIAL Any member whose request for outside employment has been denied shall be provided with a notification of the reason for denial within a reasonable amount of time. 1023.3.3 REVOCATION OR SUSPENSION Any member whose approval for outside employment is revoked or suspended should be provided with a written notification of the reason for revocation or suspension. Approval for outside employment may be revoked or suspended: (a)When a supervisor determines the member’s performance is failing to meet standards and the outside employment may be related to the deficient performance. 1.Approval for the outside employment may be reestablished when the member’s performance has reached a satisfactory level and with his/her supervisor’s authorization. (b)When a member’s conduct or outside employment conflicts with department policy or any law. (c)When the outside employment creates an actual or apparent conflict of interest with the Department or City. 1023.3.4 APPEAL If a member’s request for outside employment is denied or if previous approval is revoked or suspended, the member may file a written notice of appeal with the Chief of Police within 10 days of receiving notice of the denial, revocation or suspension. A revocation or suspension will only be implemented after the member has completed the appeal process. If the member’s appeal is denied, he/she may file a grievance as provided in the Grievances Policy. 1023.4 REQUIREMENTS 1023.4.1 PROHIBITED OUTSIDE EMPLOYMENT The Department reserves the right to deny any request for outside employment that involves: (a)The use of department time, facilities, equipment or supplies. (b)The use of the Jeffersonville Police Department badge, uniform or influence for private gain or advantage. (c)The member’s receipt or acceptance of any money or other consideration for the performance of duties or services that he/she would be required or expected to render in the course or hours of his/her employment or appointment or as a part of his/her regular duties. (d)The performance of duties or services that may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other member of this department. Jeffersonville Police Department Policy Manual Outside Employment and Outside Overtime Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Outside Employment and Outside Overtime - 509 (e)Demands upon the member’s time that would render the performance of his/her duties for this department deficient or substandard. (f)Activities that may conflict with any other policy or rule of the Department. (g)working in taverns or bars that serve alcohol beverages. 1023.4.2 DEPARTMENT RESOURCES Members are prohibited from using any department equipment or resources in the course of, or for the benefit of, any outside employment, without approval from the Chief or his/her designee. This shall include the prohibition against any member using his/her position with this department to gain access to official records or databases of this department or other agencies. 1023.4.3 CHANGES IN OUTSIDE EMPLOYMENT STATUS If a member terminates his/her outside employment, the member shall promptly submit written notification of such termination to the Chief of Police through the chain of command. Any subsequent request for renewal or continued outside employment must thereafter be processed and approved through the procedures set forth in this policy. Members shall also promptly submit in writing to the Chief of Police any material changes in outside employment, including any change in the number of hours, type of duties or the demands of any approved outside employment. Members who are uncertain whether a change in outside employment is material are advised to report the change. 1023.4.4 LEAVE OR RESTRICTED DUTY STATUS Members who are placed on leave or other restricted duty status shall inform their immediate supervisors in writing within five days as to whether they intend to continue their outside employment while on such leave or restricted status. The immediate supervisor shall review the duties of the outside employment, along with any related orders (e.g., administrative, medical), and make a recommendation to the Chief of Police regarding whether such employment should continue. In the event that the Chief of Police determines that the outside employment should be discontinued, or if the member fails to promptly notify his/her supervisor of his/her intention regarding outside employment, a notice revoking approval of the outside employment will be forwarded to the member and a copy attached to the original outside employment request form. Criteria for revoking approval due to leave or restricted duty status include, but are not limited to: (a)The outside employment is medically detrimental to the total recovery of the disabled member, as indicated by the City's medical professional advisers. (b)The outside employment requires performance of the same or similar physical ability as would be required of an on-duty member. (c)The member’s failure to make timely notice of his/her intention to the supervisor. Jeffersonville Police Department Policy Manual Outside Employment and Outside Overtime Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Outside Employment and Outside Overtime - 510 When the member returns to full duty with the Jeffersonville Police Department, a written request may be submitted to the Chief of Police to approve the outside employment request. 1023.5 OUTSIDE OVERTIME 1023.5.1 ARREST AND REPORTING PROCEDURE Any officer making an arrest or taking other official law enforcement action while working in an outside overtime assignment shall be required to complete all related reports in a timely manner pursuant to the Report Preparation Policy. Time spent on the completion of such reports shall be considered part of the outside overtime assignment. 1023.5.2 SPECIAL RESTRICTIONS Except for emergency situations or with prior authorization from the Assistant Chief, undercover officers or officers assigned to covert operations shall not be eligible to work outside overtime in a uniformed or other capacity that could reasonably disclose the officer's law enforcement status. 1023.6 SPECIAL CONSIDERATIONS Any officer taking official law enforcement action during outside employment or outside overtime sustaining injuries, should follow City of Jeffersonville work-related illness and injury reporting. Policy 1024 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Work-Related Illness and Injury Reporting - 511 Work-Related Illness and Injury Reporting 1024.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance regarding timely reporting of work-related injuries and occupational illnesses. 1024.1.1 DEFINITIONS Definitions related to this policy include: Work-related illness or injury - An injury or a disease arising out of and in the course of employment. This includes a disease that is a result of a work-related injury (I.C. § 22-3-6-1; I.C. § 22-3-7-10). 1024.2 POLICY The Jeffersonville Police Department will address work-related injuries and occupational illnesses appropriately, and will comply with applicable state worker’s compensation requirements. 1024.3 RESPONSIBILITIES 1024.3.1 MEMBER RESPONSIBILITIES Any member sustaining any occupational illness or work-related injury shall report such event as soon as practicable, but within 24 hours, to a supervisor and shall seek medical care when appropriate (I.C. § 22-3-3-1). 1024.3.2 SUPERVISOR RESPONSIBILITIES A supervisor learning of any work-related injury or occupational illness should ensure the member receives medical care as appropriate. Supervisors shall ensure that required documents regarding worker’s compensation are completed and forwarded promptly. Any related City-wide injury- or illness-reporting protocol shall also be followed. Supervisors shall determine whether the Major Incident Notification and Illness and Injury Prevention policies apply and take additional action as required. 1024.3.3 ASSISTANT CHIEF RESPONSIBILITIES The Assistant Chief who receives a report of an occupational illness or work-related injury should review the report for accuracy and determine what additional action should be taken. The report shall then be forwarded to the Chief of Police, the City’s risk management entity and the Administration Assistant Chief to ensure any required Indiana Occupational Safety and Health Act (IOSHA) reporting is made as required in the Illness and Injury Prevention Policy. Jeffersonville Police Department Policy Manual Work-Related Illness and Injury Reporting Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Work-Related Illness and Injury Reporting - 512 1024.3.4 CHIEF OF POLICE RESPONSIBILITIES The Chief of Police shall review and forward copies of the report to the Human Resources Department. Copies of the report and related documents retained by the Department shall be filed in the member’s confidential medical file. 1024.4 OTHER ILLNESS OR INJURY Illnesses and injuries caused or occurring on-duty that do not qualify for worker’s compensation reporting shall be documented on the designated report of injury form, which shall be signed by a supervisor. A copy of the completed form shall be forwarded to the appropriate Assistant Chief through the chain of command and a copy sent to the Administration Assistant Chief. Unless the injury is extremely minor, this report shall be signed by the affected member, indicating that he/she desired no medical attention at the time of the report. By signing, the member does not preclude his/her ability to later seek medical attention. 1024.5 SETTLEMENT OFFERS When a member sustains an occupational illness or work-related injury that is caused by another person and is subsequently contacted by that person, his/her agent, insurance company or attorney and offered a settlement, the member shall take no action other than to submit a written report of this contact to his/her supervisor as soon as possible. 1024.5.1 NO SETTLEMENT WITHOUT PRIOR APPROVAL No less than 10 days prior to accepting and finalizing the settlement of any third-party claim arising out of or related to an occupational illness or work-related injury, the member shall provide the Chief of Police with written notice of the proposed terms of such settlement. In no case shall the member accept a settlement without first providing written notice to the Chief of Police. The purpose of such notice is to permit the City to determine whether the offered settlement will affect any claim the City may have regarding payment for damage to equipment or reimbursement for wages against the person who caused the illness or injury, and to protect the City's right of subrogation, while ensuring that the member's right to receive compensation is not affected. Policy 1025 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Personal Appearance Standards - 513 Personal Appearance Standards 1025.1 PURPOSE AND SCOPE This policy provides guidelines for the personal appearance of members of the Jeffersonville Police Department. Requirements for department uniforms and civilian attire are addressed in the Uniforms and Civilian Attire Policy. 1025.2 POLICY Jeffersonville Police Department members shall maintain their personal hygiene and appearance to project a professional image that is appropriate for this department and for their assignments. Department personal appearance standards are primarily based on safety requirements, appearance conformity and the social norms of the community served, while considering matters important to members of the Department. 1025.3 GROOMING Unless otherwise stated and because deviations from these standards may present officer safety issues, the following appearance standards shall apply to all members, except those whose current assignments would deem them not applicable, and where the Chief of Police has granted an exception. 1025.3.1 PERSONAL HYGIENE All members must maintain proper personal hygiene. Examples of improper personal hygiene include, but are not limited to, dirty fingernails, bad breath, body odor and dirty or unkempt hair. Any member who has a condition due to a protected category (e.g., race, physical disability) that affects any aspect of personal hygiene covered by this policy may qualify for an accommodation and should report any need for an accommodation to the Chief of Police. 1025.3.2 HAIR Hair shall be clean, neatly trimmed or arranged, and of a natural hair color. Hairstyles with shaved designs in the scalp are prohibited. Hair adornments shall be primarily for the purpose of securing the hair and must present a professional image. Hairstyles for male department members must not extend below the top edge of a uniform or dress shirt collar while assuming a normal stance. When working a field assignment, hairstyles for female department members must not extend below the bottom edge of a uniform or dress shirt collar while assuming a normal stance. Longer hair shall be worn up or in a tightly wrapped braid or ponytail that is secured to the head above the bottom edge of the shirt collar. Jeffersonville Police Department Policy Manual Personal Appearance Standards Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Personal Appearance Standards - 514 1025.3.3 MUSTACHES Mustaches shall not extend below the corners of the mouth or beyond the natural hairline of the upper lip and shall be short and neatly trimmed. 1025.3.4 SIDEBURNS Sideburns shall not extend below the bottom of the outer ear opening (the top of the earlobes) and shall be trimmed and neat. 1025.3.5 FACIAL HAIR Facial hair, other than sideburns, mustaches and eyebrows, is prohibited, unless authorized by the Chief of Police or the authorized designee. 1025.3.6 FINGERNAILS Fingernails shall be clean and neatly trimmed to a length that will not present a safety concern. The color of fingernail polish shall present a professional image. 1025.4 APPEARANCE 1025.4.1 JEWELRY For the purpose of this policy, jewelry refers to earrings, necklaces, bracelets, wristwatches and tie tacks or tie bars. Jewelry shall present a professional image and may not create a safety concern for the department member or others. Jewelry that depicts racial, sexual, discriminatory, gang- related or obscene language is not allowed. See the Uniforms and Civilian Attire Policy for jewelry specifications that apply while wearing the department uniform. (a)Necklaces shall not be visible above the shirt collar. (b)Earrings shall be small, worn only in or on the earlobe and only by female department members. Earrings shall be limited to no more than two earrings per ear. (c)One ring or ring set may be worn on each hand of the department member. No rings should be of the type that would cut or pose an unreasonable safety risk to the member or others during a physical altercation, if the member is assigned to a position where that may occur. (d)One small bracelet, including a bracelet identifying a medical condition, may be worn on one arm. (e)Wristwatches shall be conservative and present a professional image. (f)Tie tacks or tie bars worn with civilian attire shall be conservative and present a professional image. 1025.4.2 TATTOOS While on-duty or representing the Jeffersonville Police Department in any official capacity, every reasonable effort should be made to conceal tattoos or other body art. Tattoos or other body art shall be concealed for all scheduled court appearances while representing the Jeffersonville Police Department in any official capacity. At no time while on-duty or representing the Department in Jeffersonville Police Department Policy Manual Personal Appearance Standards Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Personal Appearance Standards - 515 any official capacity shall any offensive tattoo or body art be visible. Examples of offensive tattoos include, but are not limited to, those that exhibit or advocate discrimination against sex, race, religion, ethnicity, national origin, sexual orientation, age, physical or mental disability, medical condition or marital status; those that exhibit gang, supremacist or extremist group affiliation; and those that depict or promote drug use, sexually explicit acts or other obscene material. 1025.4.3 BODY PIERCING OR ALTERATION Body piercing (other than earlobes) or alteration to any area of the body that is visible while on- duty or while representing the Jeffersonville Police Department in any official capacity, that is a deviation from normal anatomical features and that is not medically required, is prohibited. Such body alteration includes, but is not limited to: (a)Tongue splitting or piercing. (b)The complete or transdermal implantation of any material other than hair replacement (i.e., foreign objects inserted under the skin to create a design or pattern). (c)Abnormal shaping of the ears, eyes, nose or teeth (i.e., enlarged or stretched out holes in the earlobes). (d)Branding, scarification or burning to create a design or pattern. 1025.4.4 DENTAL ORNAMENTATION Dental ornamentation that is for decorative purposes and that is not medically required is prohibited while on-duty or while representing the Jeffersonville Police Department in any official capacity. Such ornamentation includes, but is not limited to: (a)Objects that are bonded to front teeth. (b)Gold, platinum or other veneers or caps used for decorative purposes. (c)Orthodontic appliances that are colored for decorative purposes. 1025.4.5 GLASSES AND CONTACT LENSES Eyeglasses and sunglasses shall be conservative and present a professional image. Contact lenses with designs that change the normal appearance of the eye and that are not medically required are prohibited while on-duty or while representing the Jeffersonville Police Department in any official capacity. 1025.4.6 COSMETICS AND FRAGRANCES Cosmetics shall be conservative and present a professional image. Use of cologne, perfume, aftershave lotion and other items used for body fragrance shall be kept to a minimum. 1025.4.7 UNDERGARMENTS Proper undergarments shall be worn as necessary for reasons of hygiene and general appearance standards. Jeffersonville Police Department Policy Manual Personal Appearance Standards Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Personal Appearance Standards - 516 1025.5 RELIGIOUS ACCOMMODATION The religious beliefs and needs of department members should be reasonably accommodated. Requests for religious accommodation should generally be granted unless there is a compelling security or safety reason and denying the request is the least restrictive means available to ensure security or safety. The Chief of Police should be advised any time a request for religious accommodation is denied. Those who request to wear headscarves or simple head coverings or certain hairstyles or facial hair for religious reasons should generally be accommodated absent unusual circumstances. Policy 1026 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Uniforms and Civilian Attire - 517 Uniforms and Civilian Attire 1026.1 PURPOSE AND SCOPE This policy provides guidelines for Jeffersonville Police Department-authorized uniforms and civilian attire regulations. It is established to ensure that uniformed members will be readily identifiable to the public through the proper use and wearing of department uniforms, and that the appearance of members who wear civilian attire reflects favorably on the Department. This policy addresses the wearing and maintenance of department uniforms, accessories, insignia, patches and badge; the requirements for members who wear civilian attire; and the authorized use of optional equipment and accessories by members of the Department. Other related topics are addressed in the Badges, Patches and Identification, Department-Owned and Personal Property, and Personal Appearance Standards policies. 1026.2 POLICY The Jeffersonville Police Department will provide uniforms for all employees who are required to wear them in the manner, quantity and frequency determined by the Chief of Police or his/he designee. The Department may provide civilian personnel with uniforms at the direction of the Chief of Police. All uniforms and equipment issued to department members shall be returned to the Department upon termination or resignation. 1026.3 UNIFORMS The Chief of Police or the authorized designee shall maintain and update uniform and equipment specifications, which should be consulted by all members as needed. Uniforms shall be worn as described therein and as specified in this policy. The following shall apply to those assigned to wear department-issued uniforms: (a)Uniforms and equipment shall be maintained in a serviceable condition and shall be ready at all times for immediate use. Uniforms shall be neat, clean and appear professionally pressed. Uniforms, including hats that are discolored and have been patched or sewn to conceal damage shall not be worn. (b)Officers in a non-uniformed assignment shall possess and maintain at all times a serviceable uniform and the necessary equipment to perform uniformed field duty. (c)Uniforms shall be worn in compliance with any applicable department specifications. (d)Members shall wear only the uniforms specified for their ranks and assignments. (e)Civilian attire shall not be worn in combination with any distinguishable part of a uniform. Jeffersonville Police Department Policy Manual Uniforms and Civilian Attire Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Uniforms and Civilian Attire - 518 (f)Uniforms are only to be worn while on-duty, for court, at official department functions or events, while in transit to or from work, or when authorized by the Chief of Police or the authorized designee. (g)Members are not to purchase or drink alcoholic beverages while wearing any part of department-issued uniforms, including the uniform pants. (h)All supervisors will perform periodic inspections of members under their commands to ensure conformance to this policy. 1026.3.1 ACCESSORIES Members shall adhere to the following when wearing department uniforms: (a)Mirrored sunglasses will not be worn. (b)Jewelry shall be in accordance with the specifications in the Personal Appearance Standards Policy. Unless specifically authorized by the Chief of Police or the authorized designee, only the following jewelry may be worn with the uniform: 1.Earrings shall be stud-style and only one earring may be worn in each ear. 2.Necklaces must be worn inside the uniform shirt and must not be able to fall out. 3.Rings 4.Wristwatch 5.Medical alert bracelet 1026.3.2 INSIGNIA, PATCHES AND BADGE Only the following elements may be affixed to department uniforms unless an exception is authorized by the Chief of Police: (a)Shoulder patch - The authorized shoulder patch supplied by the Department shall be machine stitched to the sleeves of all uniform shirts and jackets. (b)Badge - The department-issued badge, or an authorized sewn-on cloth replica, must be worn and visible at all times while in uniform. (c)Nameplate - The regulation nameplate, or an authorized sewn-on cloth nameplate, shall be worn at all times while in uniform, centered 1/8 inch below the top of the left breast pocket. 1.When a jacket is worn, an authorized sewn-on cloth nameplate, shall be affixed to the jacket in the same manner as the uniform. (d)Rank insignia - The designated insignia indicating the member’s rank must be worn at all times while in uniform, centered 1' inch up from the collar points. (e)Service insignia - The designated insignia indicating the member’s length of service may be worn on long-sleeve shirts and short sleeve shirts. The insignia shall be a serving since plate joined to and placed under the members name plate. Jeffersonville Police Department Policy Manual Uniforms and Civilian Attire Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Uniforms and Civilian Attire - 519 (f)Assignment insignias/patch - Assignment insignias and shoulder patches (e.g., Special Weapons and Tactics Team (SWAT), Field Training Officer (FTO)) may be worn as designated by the Chief of Police. (g)Service and accommodation ribbon - Designated ribbon(s) indicating agency recognized awards, certifications and specialty service may be worn as authorized by the Chief of Police. The ribbons should be worn centered 1/8" inch above the right breast pocket of the Class A Full Dress and Class A Dress Uniform, with no space between rows. An American flag pin may be worn, centered above the nameplate on the Class A Dress Uniform, when no other ribbons are worn. 1026.3.3 MOURNING BAND Uniformed members shall wear a black mourning band across the department badge whenever a law enforcement officer is killed in the line of duty or as directed by the Chief of Police. The following mourning periods will be observed: (a)Jeffersonville Police Department officer - From the time of death until midnight on the 14th day after the death. (b)An officer from this or an adjacent county - From the time of death until midnight on the day of the funeral. (c)Funeral attendee - While attending the funeral of an out-of-region fallen officer. (d)National Peace Officers’ Memorial Day (May 15) - From 0001 hours until 2359 hours. (e)As directed by the Chief of Police. 1026.4 UNIFORM CLASSES The Chief of Police or the authorized designee shall determine the uniform to be worn by each department member or any deviations that may be authorized. Uniforms are classified as follows: (a)Class A - Full dress uniform to be worn by designated department members on special occasions, such as funerals, graduations, ceremonies, or as directed by the Chief of Police or the authorized designee. 1.Dress Uniform - Standard issue Class A dress uniform to be worn daily be designated department members. (b)Class B - General utility uniform to be worn daily by designated department members. (c)Class C - Specialized assignment - Specific uniforms to be worn by members in special assignments or divisions. 1026.4.1 CLASS A FULL DRESS UNIFORM AND CLASS A DRESS UNIFORM The Class A full dress uniform consists of the following: (a)Dress hat Jeffersonville Police Department Policy Manual Uniforms and Civilian Attire Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Uniforms and Civilian Attire - 520 (b)Long-sleeve shirt/ with tie; (c)Short sleeve shirt with the collar open (d)A white crew neck t-shirt (e)Trousers (f)Black belt (high gloss) 1.Belts shall be equipped as needed for the occasion, member’s assignment or as directed by the Chief of Police. (g)Black socks (h)Black dress shoes (high gloss) (i)Service and accommodation ribbons The Class A dress uniform consists of the following: (a)Dress hat (optional) (b)Long-sleeve shirt with a black crew neck t-shirt or; (c)Short sleeve shirt with the collar open with a white crew neck t-shirt (d)Trousers (e)Black belt (high gloss) 1.Belts shall be equipped as needed for member’s assignment. (f)Black socks (g)Black dress shoes (high gloss or polished) (h)Service and accommodation ribbons as directed 1026.4.2 CLASS B UNIFORM The Class B uniform consists of the following: (a)Long- or short-sleeve shirt with the collar open 1.A black crew neck t-shirt must be worn under the uniform shirt. 2.All shirt buttons must remain buttoned except for the top button at the neck. 3.Long sleeves must be buttoned at the cuff. (b)Trousers or skirt (c)Black belt 1.Belts shall be equipped as needed for the member’s assignment. (d)Black socks (e)Black polished dress shoes Jeffersonville Police Department Policy Manual Uniforms and Civilian Attire Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Uniforms and Civilian Attire - 521 1.Approved black unpolished shoes may be worn. 2.Boots with pointed toes are not permitted. 3.Decorative stitching or adornment is not permitted. (f)Weather-appropriate items 1.Hat 2.Black mock turtleneck may be worn under the long-sleeve uniform shirt 3.Jacket 4.Rain gear 1026.4.3 CLASS C UNIFORM/SPECIALIZED ASSIGNMENT UNIFORM The Chief of Police or the authorized designee may authorize certain uniforms to be worn by members in specialized assignments, such as canine handlers, SWAT, bicycle patrol and other specific assignments. 1026.5 CIVILIAN ATTIRE There are assignments within the Department that do not require a uniform because recognition and authority are not essential to their functions. There are also assignments for which civilian attire is necessary. (a)Civilian attire shall fit properly, be clean and free of stains, and not be damaged or excessively worn. (b)Members assigned to administrative, investigative and support positions shall wear business-appropriate clothing that is conservative in style. (c)Variations from this policy are allowed at the discretion of the Chief of Police or the authorized designee when the member’s assignment or current task is not conducive to wearing such clothing. (d)No item of civilian attire may be worn while on-duty that would adversely affect the reputation of the Jeffersonville Police Department or the morale of the members. (e)The following items shall not be worn while on-duty or when representing the Department in any official capacity: 1.Clothing that reveals cleavage, the back, chest, stomach or buttocks 2.T-shirt alone or exposed undergarments 3.Swimsuits, tank tops, tube tops or halter tops 4.Sweatshirts, sweatpants or similar exercise clothing 5.Transparent clothing 6.Denim pants of any color Jeffersonville Police Department Policy Manual Uniforms and Civilian Attire Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Uniforms and Civilian Attire - 522 7.Shorts 8.Open-toed shoes 9.Clothing, buttons or pins displaying racial, sexual, discriminatory, gang-related or obscene language 1026.6 OPTIONAL EQUIPMENT Any items that are allowed by the Jeffersonville Police Department but that have been identified as optional shall be purchased entirely at the expense of the member. No part of the purchase cost shall be offset by the department. Maintenance of optional items shall be the financial responsibility of the purchasing member (e.g., repairs due to normal wear and tear). Replacement of items listed in this policy as optional shall be managed as follows: (a)When the item is no longer functional because of normal wear and tear, the member bears the full cost of replacement. (b)When the item is no longer functional because of damage in the course of the member’s duties, it shall be replaced in accordance with the Department-Owned and Personal Property Policy. 1026.7 UNAUTHORIZED UNIFORMS, EQUIPMENT AND ACCESSORIES Jeffersonville Police Department members may not wear any uniform item, accessory or attachment unless specifically authorized by the Chief of Police or the authorized designee. Department members may not use or carry any item, tool or other piece of equipment unless specifically authorized by the Chief of Police or the authorized designee. Policy 1027 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Conflict of Interest - 523 Conflict of Interest 1027.1 PURPOSE AND SCOPE The purpose of this policy is to assist members in recognizing and avoiding potential conflicts of interest, thereby ensuring effective and ethical operating practices on the part of the Jeffersonville Police Department. 1027.1.1 DEFINITIONS Definitions related to this policy include: Conflict of interest - Any actual, perceived or potential conflict, in which it reasonably appears that a member’s action, inaction or decisions are or may be influenced by a personal or business relationship. 1027.2 POLICY Members of the Jeffersonville Police Department are expected to conduct themselves with the utmost professional integrity and objectivity. Members will guard against actual or perceived conflicts of interest in order to ensure the fair and equitable treatment of department members and the public, and thereby maintain the trust of the public and department members. 1027.3 PROHIBITIONS The Department prohibits the following types of personal or business relationships among members: (a)Members are prohibited from directly supervising, occupying a position in the line of supervision or being directly supervised by any other member who is a relative (I.C. § 36-1-20.2-10). According to Indiana law, members hired prior to 2012 are grandfathered from this requirement. 1.If circumstances require that such a supervisor/subordinate relationship exist temporarily, the supervisor shall make every reasonable effort to defer matters pertaining to the involved member to an uninvolved supervisor. 2.When personnel and circumstances permit, the Department will attempt to make every reasonable effort to avoid placing members in such supervisor/subordinate situations. The Department, however, reserves the right to transfer or reassign any member to another position within the same classification in order to avoid conflicts with any provision of this policy. (b)Members are prohibited from participating in, contributing to or recommending promotions, assignments, performance evaluations, transfers or other personnel decisions affecting a member who is a relative or with whom they are involved in a personal or business relationship. Jeffersonville Police Department Policy Manual Conflict of Interest Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Conflict of Interest - 524 (c)Whenever possible, field training officers (FTOs) and other trainers will not be assigned to train relatives. Department FTOs and other trainers are prohibited from entering into or maintaining personal or business relationships with any member they are assigned to train until such time as the training has been successfully completed and the person is off probation. 1027.4 MEMBER RESPONSIBILITIES Members shall avoid situations that create a conflict of interest. Members should take reasonable steps to address a perception of a conflict of interest when such a perception is reasonably foreseeable and avoidable (e.g., deferring a decision to an uninvolved member). Whenever any member is placed in circumstances that would require him/her to take enforcement action or to provide official information or services to any relative or individual with whom the member is involved in a personal or business relationship, that member shall promptly notify his/ her uninvolved, immediate supervisor. In the event that no uninvolved supervisor is immediately available, the member shall promptly notify the telecommunications operator to have another uninvolved member either relieve the involved member or, minimally, remain present to witness the action. 1027.5 SUPERVISOR RESPONSIBILITIES Upon being notified of or otherwise becoming aware of any circumstance that could result in or constitute an actual or potential violation of this policy, a supervisor shall take all reasonable steps to promptly mitigate or avoid such violations whenever possible. Supervisors shall also promptly notify the Chief of Police or the authorized designee of such actual or potential violations through the chain of command. Policy 1028 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Badges, Patches and Identification - 525 Badges, Patches and Identification 1028.1 PURPOSE AND SCOPE The Jeffersonville Police Department (JPD) badge, patch and identification card, as well as the likeness of these items and the name of the Department, are property of the Department. Their use shall be restricted as set forth in this policy. 1028.2 POLICY Members of the Department will use the JPD badge, patch and identification card, as well as the likeness of these items, appropriately and professionally. 1028.3 UNAUTHORIZED USE The JPD badge, patch and identification card shall not be displayed or used by any member except when acting in an official or authorized capacity. Department members shall not: (a)Display or use the JPD badge, patch or identification card for personal gain or benefit. (b)Loan the JPD badge, patch or identification card to others or permit these items to be reproduced or duplicated. (c)Use images of the JPD badge, patch or identification card, or the likeness thereof, or the Jeffersonville Police Department name, for personal or private reasons including, but not limited to, letters, memoranda and electronic communications, such as email, blogs or social networking or websites. 1028.3.1 LOST BADGE, PATCH OR IDENTIFICATION CARD Department members shall promptly notify their supervisors whenever their JPD badges, patches or identification cards are lost, damaged or are otherwise removed from their control. 1028.4 BADGES The Chief of Police shall determine the form of badges authorized for use by department members. No other badges may be used, carried, worn or displayed. Only badges issued by this department are authorized to be used, displayed, carried or worn by members while on-duty or otherwise acting in an official or authorized capacity. Members, with the written approval of the Chief of Police, may purchase at their own expense a second badge or flat badge that can be carried in a wallet. 1028.4.1 RETIREE BADGES The Chief of Police may establish rules for allowing honorably retired members to keep their badges in some form upon retirement, for use as private memorabilia. Jeffersonville Police Department Policy Manual Badges, Patches and Identification Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Badges, Patches and Identification - 526 1028.4.2 PERMITTED USE BY EMPLOYEE GROUPS The likeness of the JPD badge shall not be used for any purpose without the express authorization of the Chief of Police and shall be subject to the following: (a)An authorized employee group may use the likeness of the JPD badge for merchandise and official employee group business provided it is used in a clear representation of the employee group and not the Jeffersonville Police Department. The following modification shall be included: 1.Any text identifying the Jeffersonville Police Department is replaced with the name of the employee group. 2.A badge number is not included. That portion of the badge may display the acronym of the employee group. 1028.5 IDENTIFICATION CARDS All members will be issued an official JPD identification card bearing the member’s name, full- face photograph, member identification number, member’s signature and signature of the Chief of Police or the official seal of the Department. All members shall be in possession of their department-issued identification cards at all times while on-duty or in department facilities. (a)Whenever on-duty or acting in an official capacity representing the Department, members shall display their department-issued identification cards in a courteous manner to any person upon request and as soon as practicable. (b)Officers or other members working specialized assignments may be excused from the possession and display requirements when directed by their Assistant Chiefs. 1028.6 BUSINESS CARDS The Department will supply business cards to those members whose assignments involve frequent interaction with the public or who may require the use of a business card. The only authorized business cards are those issued or approved by the Department and should contain identifying information including, but not limited to, the member’s name, division, badge or other identification number and contact information (e.g., telephone number, email address). Members should provide a business card upon request. Policy 1029 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Temporary Modified-Duty Assignments - 527 Temporary Modified-Duty Assignments 1029.1 PURPOSE AND SCOPE This policy establishes procedures for providing temporary modified-duty assignments. This policy is not intended to affect the rights or benefits of employees under federal or state law, City rules or current collective bargaining agreements. For example, nothing in this policy affects the obligation of the Department to engage in a good faith, interactive process to consider reasonable accommodations for any employee with a temporary or permanent disability that is protected under federal or state law. 1029.2 POLICY Subject to operational considerations, the Jeffersonville Police Department may identify temporary modified-duty assignments for employees who have an injury or medical condition resulting in temporary work limitations or restrictions. A temporary assignment allows the employee to work, while providing the Department with a productive employee during the temporary period. 1029.3 GENERAL CONSIDERATIONS Priority consideration for temporary modified-duty assignments will be given to employees with work-related injuries or illnesses that are temporary in nature. Employees having disabilities covered under the Americans with Disabilities Act (ADA) or the Indiana Civil Rights Act shall be treated equally, without regard to any preference for a work-related injury. No position in the Jeffersonville Police Department shall be created or maintained as a temporary modified-duty assignment. Temporary modified-duty assignments are a management prerogative and not an employee right. The availability of temporary modified-duty assignments will be determined on a case-by- case basis, consistent with the operational needs of the Department. Temporary modified-duty assignments are subject to continuous reassessment, with consideration given to operational needs and the employee’s ability to perform in a modified-duty assignment. The Chief of Police or the authorized designee may restrict employees working in temporary modified-duty assignments from wearing a uniform, displaying a badge, carrying a firearm, operating an emergency vehicle or engaging in outside employment, or may otherwise limit them in employing their law enforcement officer powers. Temporary modified-duty assignments shall generally not exceed 70 work days, but may be terrminated prior to 70 days if, within the officer's physicians' opinion and within a reasonable medical certainty the officer will not be able to return to normal duties in the foreseeable future. 1029.4 PROCEDURE Employees may request a temporary modified-duty assignment for short-term injuries or illnesses. Jeffersonville Police Department Policy Manual Temporary Modified-Duty Assignments Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Temporary Modified-Duty Assignments - 528 Employees seeking a temporary modified-duty assignment should submit a written request to their Operations Commanders or the authorized designees. The request should, as applicable, include a certification from the treating medical professional containing: (a)An assessment of the nature and probable duration of the illness or injury. (b)The prognosis for recovery. (c)The nature and scope of limitations and/or work restrictions. (d)A statement regarding any required workplace accommodations, mobility aids or medical devices. (e)A statement that the employee can safely perform the duties of the temporary modified-duty assignment. The Operations Commander will make a recommendation through the chain of command to the Chief of Police regarding temporary modified-duty assignments that may be available based on the needs of the Department and the limitations of the employee. The Chief of Police or the authorized designee shall confer with the Human Resources Department or the City Attorney as appropriate. Requests for a temporary modified-duty assignment of 20 hours or less per week may be approved and facilitated by the Uniform Patrol Commander or Operations Commander, with notice to the Chief of Police. 1029.5 ACCOUNTABILITY Written notification of assignments, work schedules and any restrictions should be provided to employees assigned to temporary modified-duty assignments and their supervisors. Those assignments and schedules may be adjusted to accommodate department operations and the employee’s medical appointments, as mutually agreed upon with the Operations Commander. 1029.5.1 EMPLOYEE RESPONSIBILITIES The responsibilities of employees assigned to temporary modified duty shall include, but are not limited to: (a)Communicating and coordinating any required medical and physical therapy appointments in advance with their supervisors. (b)Promptly notifying their supervisors of any change in restrictions or limitations after each appointment with their treating medical professionals. (c)Communicating a status update to their supervisors no less than once every 30 days while assigned to temporary modified duty. (d)Submitting a written status report to the Operations Commander that contains a status update and anticipated date of return to full-duty when a temporary modified-duty assignment extends beyond 70 days. Jeffersonville Police Department Policy Manual Temporary Modified-Duty Assignments Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Temporary Modified-Duty Assignments - 529 1029.5.2 SUPERVISOR RESPONSIBILITIES The employee’s immediate supervisor shall monitor and manage the work schedule of those assigned to temporary modified-duty. The responsibilities of supervisors shall include, but are not limited to: (a)Periodically apprising the Operations Commander of the status and performance of employees assigned to temporary modified duty. (b)Notifying the Operations Commander and ensuring that the required documentation facilitating a return to full duty is received from the employee. (c)Ensuring that employees returning to full duty have completed any required training and certification. 1029.6 MEDICAL EXAMINATIONS Prior to returning to full-duty status, employees shall be required to provide certification from their treating medical professionals stating that they are medically cleared to perform the essential functions of their jobs without restrictions or limitations. The Department may require a fitness-for-duty examination prior to returning an employee to full- duty status, in accordance with the Fitness for Duty Policy. 1029.7 PREGNANCY If an employee is temporarily unable to perform regular duties due to a pregnancy, childbirth or a related medical condition, the employee will be treated the same as any other temporarily disabled employee (42 USC § 2000e(k)). A pregnant employee shall not be involuntarily transferred to a temporary modified-duty assignment. 1029.7.1 NOTIFICATION Pregnant employees should notify their immediate supervisors as soon as practicable and provide a statement from their medical providers identifying any pregnancy-related job restrictions or limitations. If at any point during the pregnancy it becomes necessary for the employee to take a leave of absence, such leave shall be granted in accordance with the City’s personnel rules and regulations regarding family and medical care leave. 1029.8 PROBATIONARY EMPLOYEES Probationary employees who are assigned to a temporary modified-duty assignment shall have their probation extended by a period of time equal to their assignment to temporary modified duty. 1029.9 MAINTENANCE OF CERTIFICATION AND TRAINING Employees assigned to temporary modified duty shall maintain all certification, training and qualifications appropriate to both their regular and temporary duties, provided that the certification, training or qualifications are not in conflict with any medical limitations or restrictions. Employees Jeffersonville Police Department Policy Manual Temporary Modified-Duty Assignments Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Temporary Modified-Duty Assignments - 530 who are assigned to temporary modified duty shall inform their supervisors of any inability to maintain any certification, training or qualifications. Policy 1030 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Speech, Expression and Social Networking - 531 Speech, Expression and Social Networking 1030.1 PURPOSE AND SCOPE This policy is intended to address issues associated with the use of social networking sites, and provides guidelines for the regulation and balancing of member speech and expression with the needs of the Jeffersonville Police Department. This policy applies to all forms of communication including, but not limited to, film, video, print media, public or private speech and use of all Internet services, including the Web, email, file transfer, remote computer access, news services, social networking, social media, instant messaging, blogs, forums, video and other file-sharing sites. Nothing in this policy is intended to prohibit or infringe upon any communication, speech or expression that is protected under law. This includes speech and expression protected under state or federal constitutions as well as labor or other applicable laws. For example, this policy does not limit a member from speaking as a private citizen, including acting as an authorized member of a recognized bargaining unit or an employee group, about matters of public concern, such as misconduct or corruption. Members are encouraged to consult with their supervisors regarding any questions arising from the application or potential application of this policy. 1030.2 POLICY Members of public entities occupy a trusted position in the community, and thus, their statements have the potential to contravene the policies and performance of the Jeffersonville Police Department. Due to the nature of the work and influence associated with the law enforcement profession, it is necessary that members of this department be subject to certain reasonable limitations on their speech and expression. To achieve its mission and efficiently provide service to the public, the Department will carefully balance the individual member’s rights against the needs and interests of the Department when exercising a reasonable degree of control over its members’ speech and expression. 1030.3 SAFETY Members should carefully consider the implications of their speech or any other form of expression when using the Internet. Speech and expression that may negatively affect the safety of Jeffersonville Police Department members, such as posting personal information in a public forum or posting a photograph taken with a GPS-enabled camera, can result in compromising a member’s home address or family ties. Members should therefore not disseminate or post any information on any forum or medium that could reasonably be anticipated to compromise the safety of any member, a member’s family or associates. Examples of the type of information that could reasonably be expected to compromise safety include: •Disclosing a photograph and name or address of an officer who is working undercover. Jeffersonville Police Department Policy Manual Speech, Expression and Social Networking Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Speech, Expression and Social Networking - 532 •Disclosing the address of a fellow department member. •Otherwise disclosing where another officer can be located off-duty. 1030.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT To meet the safety, performance and public-trust needs of the Jeffersonville Police Department, the following are prohibited unless the speech is otherwise protected (for example, a member speaking as a private citizen, including acting as an authorized member of a recognized bargaining unit or an employee group, on a matter of public concern): (a)Speech or expression made pursuant to an official duty that tends to compromise or damage the mission, function, reputation or professionalism of the Department or its members. (b)Speech or expression that, while not made pursuant to an official duty, is significantly linked to, or related to, the Department and tends to compromise or damage the mission, function, reputation or professionalism of the Department or its members. Examples may include: 1.Statements that indicate disregard for the law or the state or U.S. Constitutions. 2.Expression that demonstrates support for criminal activity. 3.Participation in sexually explicit photographs or videos for compensation or distribution. (c)Speech or expression that could reasonably be foreseen as having a negative impact on the credibility of the member as a witness. For example, posting to a website statements or expressions that glorify or endorse dishonesty, unlawful discrimination or illegal behavior. (d)Speech or expression of any form that could reasonably be foreseen as having a negative impact on the safety of the members of the Department (e.g., a statement on a blog that provides specific details as to how and when prisoner transportations are made could reasonably be foreseen as potentially jeopardizing employees by informing criminals of details that could facilitate an escape or attempted escape). (e)Speech or expression that is contrary to the canons of the Law Enforcement Code of Ethics as adopted by the Department. (f)Use or disclosure, through whatever means, of any information, photograph, video or other recording obtained or accessible as a result of employment or appointment with the Department for financial or personal gain, or any disclosure of such materials without the express authorization of the Chief of Police or the authorized designee. (g)Posting, transmitting or disseminating any photographs, video or audio recordings, likenesses or images of department logos, emblems, uniforms, badges, patches, marked vehicles, equipment or other material that specifically identifies the Jeffersonville Police Department on any personal or social networking or other website or web page, without the express authorization of the Chief of Police. Jeffersonville Police Department Policy Manual Speech, Expression and Social Networking Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Speech, Expression and Social Networking - 533 Members must take reasonable and prompt action to remove any content, including content posted by others, that is in violation of this policy from any web page or website maintained by the employee (e.g., social or personal website). 1030.4.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS While members are not restricted from engaging in the following activities as private citizens or as authorized members of recognized bargaining units or employee groups, members may not represent the Jeffersonville Police Department or identify themselves in any way that could be reasonably perceived as representing the Department in order to do any of the following, unless specifically authorized by the Chief of Police: (a)Endorse, support, oppose or contradict any political campaign or initiative (b)Endorse, support, oppose or contradict any social issue, cause or religion (c)Endorse, support or oppose any product, service, company or other commercial entity. (d)Appear in any commercial, social or nonprofit publication or any motion picture, film, video or public broadcast or on any website. Additionally, when it can reasonably be construed that an employee, acting in his/her individual capacity or through an outside group or organization, including as an authorized member of a recognized bargaining unit or an employee group, is affiliated with this department, the member shall give a specific disclaiming statement that any such speech or expression is not representative of the Jeffersonville Police Department. Members retain their rights to vote as they choose, to support candidates of their choice and to express their opinions as private citizens, including as authorized members of recognized bargaining units or employee groups, on political subjects and candidates at all times while off- duty. However, members may not use their official authority or influence to interfere with or affect the result of elections or nominations for office. Members are also prohibited from directly or indirectly using their official authority to coerce, command or advise another employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for political purposes (5 USC § 1502). 1030.5 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to emails, texts or anything published or maintained through file-sharing software or any Internet site (e.g., Facebook, MySpace) that is accessed, transmitted, received or reviewed on any department technology system (see the Information Technology Use Policy for additional guidance). 1030.6 CONSIDERATIONS In determining whether to grant authorization of any speech or conduct that is prohibited under this policy, the factors that the Chief of Police or the authorized designee should consider include: Jeffersonville Police Department Policy Manual Speech, Expression and Social Networking Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Speech, Expression and Social Networking - 534 (a)Whether the speech or conduct would negatively affect the efficiency of delivering public services. (b)Whether the speech or conduct would be contrary to the good order of the Department or the efficiency or morale of its members. (c)Whether the speech or conduct would reflect unfavorably upon the Department. (d)Whether the speech or conduct would negatively affect the member's appearance of impartiality in the performance of his/her duties. (e)Whether similar speech or conduct has been previously authorized. (f)Whether the speech or conduct may be protected and outweighs any interest of the Department. 1030.7 TRAINING Subject to available resources, the Department should provide training regarding the limitations on speech, expression and use of social networking to all members of the Department. Policy 1031 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Illness and Injury Prevention - 535 Illness and Injury Prevention 1031.1 PURPOSE AND SCOPE The purpose of this policy is to establish an ongoing and effective plan to reduce the incidence of illness and injury for members of the Jeffersonville Police Department, in accordance with the requirements of I.C. § 22-1-1-10 and I.C. § 22-8-1.1-2. This policy specifically applies to illness and injury that results in lost time or that requires medical treatment beyond first aid. Although this policy provides the essential guidelines for a plan that reduces illness and injury, it may be supplemented by procedures outside the Policy Manual. This policy does not supersede, but supplements any related Citywide safety efforts. 1031.2 POLICY The Jeffersonville Police Department is committed to providing a safe environment for its members and visitors and to minimizing the incidence of work-related illness and injuries. The Department will establish and maintain an illness and injury prevention plan and will provide tools, training and safeguards designed to reduce the potential for accidents, injuries and illness. It is the intent of the Department to comply with all laws and regulations related to occupational safety. 1031.3 ILLNESS AND INJURY PREVENTION PLAN The Administration Assistant Chief is responsible for developing an illness and injury prevention plan that shall include: (a)Workplace safety and health training programs (I.C. § 22-8-1.1-3.1). 1.Indiana workplace safety rules shall be addressed, including those incorporated by reference (620 I.A.C. 1-1-1). (b)Regularly scheduled safety meetings. (c)Posted or distributed safety information (610 I.A.C. 9-2-3). (d)A system for members to anonymously inform management about workplace hazards. (e)Establishment of a safety and health committee that will: 1.Meet regularly. 2.Prepare a written record of safety and health committee meetings. 3.Review the results of periodic scheduled inspections. 4.Review investigations of accidents and exposures. 5.Make suggestions to command staff for the prevention of future incidents. 6.Review investigations of alleged hazardous conditions. 7.Submit recommendations to assist in the evaluation of member safety suggestions. Jeffersonville Police Department Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Illness and Injury Prevention - 536 8.Assess the effectiveness of efforts made by the Department to meet applicable standards. (f)Establishment of a process to ensure illnesses and injuries are reported as required under I.C. § 22-8-1.1-43.1 for work-related deaths and incidents which result in the hospitalization of three or more members. 1031.4 ADMINISTRATION ASSISTANT CHIEF RESPONSIBILITIES The responsibilities of the Administration Assistant Chief include, but are not limited to: (a)Managing and implementing a plan to reduce the incidence of member illness and injury. (b)Ensuring that a system of communication is in place that facilitates a continuous flow of safety and health information between supervisors and members. This system shall include: 1.New member orientation that includes a discussion of safety and health policies and procedures. 2.Regular member review of the illness and injury prevention plan. (c)Ensuring that all safety and health policies and procedures are clearly communicated and understood by all members. (d)Taking reasonable steps to ensure that all members comply with safety rules in order to maintain a safe work environment. This includes, but is not limited to: 1.Informing members of the illness and injury prevention guidelines. 2.Recognizing members who perform safe work practices. 3.Ensuring that the member evaluation process includes member safety performance. 4.Ensuring department compliance to meet standards regarding the following: (a)Communicable diseases (I.C. § 16-41-11-5 et seq.) (b)Indiana Occupational Safety and Health Act (IOSHA) workplace safety rules (I.C. § 22-8-1.1-3.1) (c)Personal Protective Equipment (PPE) (see the Personal Protective Equipment Policy) (d)Emergency Action Plan (29 CFR 1910.38) (e)Making available a form to document inspections, unsafe condition or unsafe work practices, and actions taken to correct unsafe conditions and work practices. (f)Making available a form to document individual incidents or accidents. (g)Making available a form to document the safety and health training of each member. This form will include the member’s name or other identifier, training dates, type of training and training providers. Jeffersonville Police Department Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Illness and Injury Prevention - 537 (h)Conducting and documenting a regular review of the illness and injury prevention plan. 1031.5 SUPERVISOR RESPONSIBILITIES Supervisor responsibilities include, but are not limited to: (a)Ensuring member compliance with illness and injury prevention guidelines and answering questions from members about this policy. (b)Training, counseling, instructing or making informal verbal admonishments any time safety performance is deficient. Supervisors may also initiate discipline when it is reasonable and appropriate under the Standards of Conduct Policy. (c)Establishing and maintaining communication with members on health and safety issues. This is essential for an injury-free, productive workplace. (d)Completing required forms and reports relating to illness and injury prevention; such forms and reports shall be submitted to the Administration Assistant Chief. (e)Notifying the Administration Assistant Chief when: 1.New substances, processes, procedures or equipment that present potential new hazards are introduced into the work environment. 2.New, previously unidentified hazards are recognized. 3.Occupational illnesses and injuries occur. 4.New and/or permanent or intermittent members are hired or reassigned to processes, operations or tasks for which a hazard evaluation has not been previously conducted. 5.Workplace conditions warrant an inspection. 1031.6 HAZARDS All members should report and/or take reasonable steps to correct unsafe or unhealthy work conditions, practices or procedures in a timely manner. Members should make their reports to a supervisor (as a general rule, their own supervisors). Supervisors should make reasonable efforts to correct unsafe or unhealthy work conditions in a timely manner, based on the severity of the hazard. These hazards should be corrected when observed or discovered, when it is reasonable to do so. When a hazard exists that cannot be immediately abated without endangering members or property, supervisors should protect or remove all exposed members from the area or item, except those necessary to correct the existing condition. Members who are necessary to correct the hazardous condition shall be provided with the necessary protection. Jeffersonville Police Department Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Illness and Injury Prevention - 538 All significant actions taken and dates they are completed shall be documented on the appropriate form. This form should be forwarded to the Administration Assistant Chief via the chain of command. The Administration Assistant Chief will take appropriate action to ensure the illness and injury prevention plan addresses potential hazards upon such notification. 1031.6.1 SAFETY DEVICES AND SAFEGUARDS Members shall not remove or damage any safety device or safeguard put in place by the Department for workplace safety or interfere with any workplace safety process. Each member shall comply with applicable IOSHA rules (I.C. § 22-8-1.1-4; I.C. § 22-8-1.1-5). 1031.7 INSPECTIONS Safety inspections are crucial to a safe work environment. These inspections identify and evaluate workplace hazards and permit mitigation of those hazards. A hazard assessment checklist should be used for documentation and to ensure a thorough assessment of the work environment. The Administration Assistant Chief shall ensure that the appropriate documentation is completed for each inspection. 1031.7.1 EQUIPMENT Members are charged with daily vehicle inspections of their assigned vehicles and of their PPE prior to working in the field. Members shall complete the appropriate form if an unsafe condition cannot be immediately corrected. Members should forward this form to their supervisors. 1031.8 INVESTIGATIONS Any member sustaining any work-related illness or injury, as well as any member who is involved in any accident or hazardous substance exposure while on-duty, shall report such event as soon as practicable to a supervisor. Members observing or learning of a potentially hazardous condition are to promptly report the condition to their immediate supervisors. A supervisor receiving such a report should personally investigate the incident or ensure that an investigation is conducted. Investigative procedures for workplace accidents and hazardous substance exposures should include: (a)A visit to the accident scene as soon as possible. (b)An interview of the injured member and witnesses. (c)An examination of the workplace for factors associated with the accident/exposure. (d)Determination of the cause of the accident/exposure. (e)Corrective action to prevent the accident/exposure from reoccurring. (f)Documentation of the findings and corrective actions taken. Jeffersonville Police Department Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Illness and Injury Prevention - 539 Additionally the supervisor should proceed with the steps to report an on-duty injury, as required under the Work-Related Illness and Injury Reporting Policy, in conjunction with this investigation to avoid duplication and ensure timely reporting. 1031.9 TRAINING The Administration Assistant Chief should work with the Training Commander to provide all members, including supervisors, with training on general and job-specific workplace safety and health practices. Training shall be provided: (a)To supervisors to familiarize them with the safety and health hazards to which members under their immediate direction and control may be exposed. (b)To all members with respect to hazards specific to each member’s job assignment. (c)To all members given new job assignments for which training has not previously been provided. (d)Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard. (e)Whenever the Department is made aware of a new or previously unrecognized hazard. 1031.9.1 TRAINING TOPICS The Training Commander shall ensure that training includes: (a)Reporting unsafe conditions, work practices and injuries, and informing a supervisor when additional instruction is needed. (b)Use of appropriate clothing, including gloves and footwear. (c)Use of respiratory equipment. (d)Availability of toilet, hand-washing and drinking-water facilities. (e)Provisions for medical services and first aid. (f)Handling of bloodborne pathogens and other biological hazards. (g)Prevention of heat and cold stress. (h)Identification and handling of hazardous materials, including chemical hazards to which members could be exposed, and review of resources for identifying and mitigating hazards (e.g., hazard labels, Safety Data Sheets (SDS)). (i)Mitigation of physical hazards, such as heat and cold stress, noise, and ionizing and non- ionizing radiation. (j)Identification and mitigation of ergonomic hazards, including working on ladders or in a stooped posture for prolonged periods. (k)Back exercises/stretches and proper lifting techniques. Jeffersonville Police Department Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Illness and Injury Prevention - 540 (l)Avoidance of slips and falls. (m)Good housekeeping and fire prevention. (n)Other job-specific safety concerns. 1031.10 RECORDS Records and training documentation relating to illness and injury prevention will be maintained in accordance with the established records retention schedule. Policy 1032 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Special Assignment and Service Ribbons - 541 Special Assignment and Service Ribbons 1032.1 PURPOSE AND SCOPE This policy provides general guidelines for recognizing special assignments and service of the members of the Jeffersonville Police Department. 1032.2 POLICY It is the policy of the Jeffersonville Police Department to recognize service and commitment of individual or group achievements from special assignments and other recognized service of its members through commendation ribbons. 1032.3 CRITERIA The following specialty and service ribbons will be recognized by the Jeffersonville Police Department based on the following: •Total time in service with the Department •Special assignment for a minimum of two years •Currently assigned to a specialty group recognized with in this policy •Specific ILEA certifications Years of Service: Total time served with the Department. •5 - 10 - 15 - 20 - 25 - 30 years Military service: Any active or former military service, which did not result in a dishonorable discharge. •Army •Air Force •Coast Guard •Marines •Navy Specialty assignment: Must be currently assigned or have served in this assignment for a minimum of two years with the Department. •Bike Patrol •Boat Patrol •Dare •Detective •Field Training Officer Jeffersonville Police Department Policy Manual Special Assignment and Service Ribbons Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Special Assignment and Service Ribbons - 542 •Honor Guard •Instructor (ILEA) •K-9 •Negotiator •Special Weapons and Tactics •School Resource Officer •Traffic Jeffersonville Police Department Policy Manual Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department Index - 543 INDEX A ACKNOWLEDGEMENTS Discriminatory harassment....... 451 Evidence.............. 399 Policy manual............ 16 Policy revisions........... 16 ADMINISTRATIVE COMMUNICATIONS . 29 ADMINISTRATIVE INVESTIGATIONS Criminal parallel........... 482 OIS................ 68 Racial or bias-based profiling...... 211 Use of force............. 42 Vehicle damage........... 387 ADMINISTRATIVE LEAVE Compensation............ 504 Employee convictions........ 461 Fitness for duty........... 498 OIS................ 65 Outside employment......... 509 ADMISSIONS Homeless persons.......... 295 ADULT ABUSE ............ 115 Homeless persons.......... 295 Investigations............ 338 Sexual Assault ......... 341, 341 AIRCRAFT Accidents............. 267 Ambulance............. 299 Flying while armed.......... 78 Support.............. 273 Temporary flight restrictions...... 161 ALCOHOL Firearms.............. 76 Intoxicants............. 145 Vehicle use............. 384 AMBER ALERTS ........... 132 AMMUNITION ............ 74 Body armor............. 489 Property packaging.......... 396 AMMUNITION Kinetic energy projectiles........ 54 ANIMALS Canines............... 93 Dangerous ........... 59, 77 Euthanize.............. 78 Injured ............ 78, 321 Service ............ 187, 200 ANTI-RETALIATION ......... 458 APPOINTMENTS ADA coordinator.......... 183 ALPR operations coordinator...... 292 Bicycle patrol coordinator....... 289 Brady coordinator.......... 361 Canine coordinator.......... 93 Chaplain coordinator......... 192 Chief executive officer......... 12 Crime victim liaison......... 136 Crisis response unit commander..... 216 Custodian of records......... 405 Exposure control officer........ 471 Forfeiture Reviewer......... 348 FTO coordinator........... 271 Jeanne Clery Act designee....... 415 LEP coordinator........... 176 Operations director ....... 363, 367 Petty cash fund manager....... 389 Press information officer (PIO)..... 160 Training committee.......... 26 TSA instructor............ 78 Vehicle maintenance supervisor..... 386 ARRESTS Authority.............. 8 Child and dependent adult safety.... 197 Citizen's.............. 175 Consular notifications......... 424 Control devices............ 51 Diplomatic immunity......... 254 Disabled persons.......... 189 Domestic or family violence...... 104 First amendment assemblies...... 308 Handcuffs and restraints ...... 48, 49 Homeless persons.......... 296 Immigrants............. 263 Juveniles.............. 162 Limited English proficiency (LEP)... 180 Log................ 162 Mass............... 305 Mental health............ 249 Response team........... 220 Seat belts............. 487 Sick or injured person........ 298 Summons............. 252 Towed Vehicles........... 323 ARRESTS, Employee............. 461 ASSET FORFEITURE ......... 345 AUDIO/VIDEO RECORDING Custodial Interrogation........ 338 First amendment assemblies...... 304 Holding cells............ 427 Juveniles.............. 435 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department - 544 OIS................ 69 Racial profiling........... 211 AUDITS ALPR system............ 293 Asset forfeiture........... 348 Case Dispositions.......... 343 Criminal intelligence system...... 278 Grievances............. 456 Informant files........... 353 Informant funds........... 355 Information technology........ 147 Personnel complaints......... 478 Petty cash............. 389 Records.............. 403 AUTHORITY .............. 8 Abuse of.............. 295 Canine handler .......... 94, 95 Command.............. 19 Involuntary detentions........ 248 Member.............. 20 Official.............. 533 Policy manual............ 14 Use of force ........... 38, 45 AUTOMATED EXTERNAL DEFIBRILLATORS (AED) ................ 300 AUTOMATED LICENSE PLATE READERS (ALPR) ............... 292 B BACKGROUNDS Ride-alongs............. 227 BADGES, PATCHES AND IDENTIFICATION conduct.............. 143 BADGES, PATCHES AND IDENTIFICATION Administrative leave......... 482 Prohibited use............ 508 Speech, expression and social networking. 532 Temporary modified-duty assignment.. 527 Uniforms.............. 518 BARRICADE INCIDENTS ....... 232 BATONS ............... 52 BIAS CRIMES ............ 138 BICYCLES .............. 288 Property storage........... 396 Special assignment.......... 453 BIOLOGICAL SAMPLES Evidence.............. 401 Hazards ........... 268, 539 Missing persons ........ 125, 128 Property packaging.......... 396 BODY ARMOR Suspects.............. 71 BODY PIERCING ........... 515 BOMBS Aircraft accidents.......... 268 Canine detection........... 97 Chaplains............. 194 Explosive training aids........ 101 Mobile Digital Terminal........ 285 Radios............... 239 BRADY ............... 360 BRIEFING .............. 212 BUSINESS CARDS .......... 526 C C .................. 111 CANINES Pursuits............... 85 Special assignment.......... 453 CASH Asset forfeiture........... 345 Audit............... 355 Custody.............. 427 Informants............. 354 Property packaging.......... 396 Searches.............. 439 Unclaimed............. 399 Vehicle Inventory.......... 325 CHANGE OF ASSIGNMENT Bicycle patrol............ 288 CHAPLAINS ............. 191 Ride-alongs............. 227 CHIEF EXECUTIVE OFFICER ...... 12 CHILD AND DEPENDENT ADULT SAFETY 197 CHILDREN Amber alerts............ 132 Child safety............ 197 Domestic or family violence...... 102 Drug endangered.......... 112 Firearms.............. 76 Language assistance ....... 179, 187 Missing persons........... 125 Reports.............. 157 Safety ............ 104, 424 Sexual Assault........... 341 Transporting............ 486 CITATIONS Diplomatic immunity......... 255 Jurisdiction.............. 9 Parking.............. 329 CITIZEN'S ARREST .......... 175 CIVIL Disputes.............. 312 Immigration hold.......... 263 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department - 545 Subpoenas............. 163 COMMAND STAFF Anti-retaliation........... 460 Claims review............ 375 Conducted energy device........ 61 Discriminatory harassment....... 121 Petty cash audit........... 389 Policy review............ 16 Protocol.............. 19 Tactical training........... 225 Training recommendations....... 26 Use of force review.......... 44 Work-related injuries......... 511 COMMENDATIONS AND AWARDS Administrative communications..... 29 COMMUNICABLE DISEASES Custody.............. 421 First responders........... 297 Injury and illness prevention...... 535 Juvenile custody........... 431 COMMUNICATIONS CRU Mobilization list........ 220 Sexual Assault........... 341 COMMUNICATIONS FOR PERSONS WITH DISABILITIES ............ 183 COMPENSATORY TIME ........ 504 COMPUTERS Digital evidence........... 339 DTBs............... 27 Email............... 28 Protected information......... 410 CONDUCT Anti-retaliation........... 458 Conflict of interest.......... 523 Criminal.............. 461 Discriminatory harassment....... 120 Fitness for duty........... 497 Meritorious............. 496 OIS................ 63 Prohibited speech, expression and social networking............. 532 Ride-alongs............. 228 Standards of conduct......... 144 CONDUCTED ENERGY DEVICE ..... 56 CONFIDENTIALITY Adult abuse reports......... 118 ALPR data............. 292 Chaplains............. 195 Child abuse reports.......... 113 Communicable disease information... 475 Crisis intervention incidents...... 245 Custodial telephone calls....... 426 Custodian of records......... 405 Discriminatory harassment....... 122 Drug- and alcohol-free workplace.... 465 Firearm license............ 36 Fitness for duty........... 497 Informants............. 351 Jeanne Clery Act.......... 417 Media............... 162 Personnel complaints......... 479 Personnel records.......... 492 Protected information......... 409 Radio broadcasts.......... 284 Retaliation complaints........ 459 Technology use........... 149 CONFLICT OF INTEREST Outside employment......... 508 CONTACTS AND TEMPORARY DETENTIONS ................... 274 Warrant service........... 365 CONTROL DEVICES Decontamination........... 472 Pain compliance........... 40 Training.............. 260 COURT APPEARANCES ........ 163 COURT ORDERS Adult abuse............. 116 Asset seizure............ 347 Canine controlled substance...... 100 Child abuse............. 111 Child custody ......... 126, 197 Civil disputes............ 313 Domestic or family violence...... 102 Juvenile informants......... 351 Marijuana destruction......... 401 Members.............. 461 Property.............. 400 Source testing............ 474 Subpoena............. 163 Summons releases.......... 252 Victim and witness assistance..... 137 CRIME ANALYSIS .......... 392 CRIME AND DISASTER SCENE INTEGRITY ................... 214 CRIMINAL INTELLIGENCE SYSTEMS .. 278 CRIMINAL ORGANIZATIONS ..... 278 CRISIS INTERVENTION INCIDENTS .. 242 CUSTODIAL INTERROGATIONS Communications for persons with disabilities............. 188 Limited English proficiency...... 181 CUSTODIAL SEARCHES ........ 438 CUSTODIAN OF RECORDS Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department - 546 Brady............... 361 Email............... 28 OIS................ 162 Personnel records.......... 492 CUSTOMS AND BORDER PROTECTION (CBP) ................... 262 D DAILY TRAINING BULLETINS (DTBS) .. 27 Training records........... 491 DEATH ............... 158 Chaplains............. 194 Custody-Adults........... 428 Custody-juveniles.......... 436 Investigations............ 172 Mourning bands........... 519 Native American Graves (NAGPRA)... 203 Traffic related............ 320 DEBRIEFING Crisis intervention incidents...... 244 Warrant service........... 365 DECONFLICTION ........... 369 DEPARTMENT-OWNED AND PERSONAL PROPERTY ............. 374 DEPENDENT ADULTS Safety .......... 104, 197, 426 Safety ............ 197, 426 DIPLOMATIC IMMUNITY ....... 255 DISABLED Communicating with the....... 183 Involuntary detentions training..... 251 Motorist.............. 335 Pregnancy............. 529 Vehicles.............. 335 DISCIPLINE ............. 141 Custody-juveniles.......... 433 Personnel complaints......... 484 Records.............. 490 DISCLAIMER ............. 14 Administrative communications ... 29, 29 DISCRIMINATION Americans with Disabilities (ADA)... 183 Conduct.............. 142 Defined.............. 120 Limited English proficiency...... 176 Personnel complaints......... 479 Racial or bias-based profiling...... 210 DISCRIMINATORY HARASSMENT ... 120 Evaluation form........... 451 DOMESTIC OR FAMILY VIOLENCE ... 102 Member convictions......... 461 DRIVING Mobile Data Terminal........ 283 Personal Communication Devices.... 379 Safety............... 145 Seat belts............. 486 Severe use............. 380 DRUG AND ALCOHOL-FREE WORKPLACE ................... 463 DUTY TO INTERCEDE ......... 38 E ELECTRONIC CIGARETTES ...... 476 ELECTRONIC MAIL .......... 28 Clery Act reporting......... 415 Personal communication devices.... 377 Personnel complaints......... 478 Privacy expectation......... 147 Speech, expression and social networking. 531 EMERGENCY OPERATIONS PLAN .... 22 EMPLOYEE ASSISTANCE PROGRAM .. 464 ETHICS authority.............. 142 EVIDENCE Bombs............... 241 Custodial searches.......... 438 Digital............... 339 NAGPRA............. 203 Personnel complaints ...... 478, 481 Seizing recordings.......... 287 Use of force............. 40 EXPLOSIONS ............ 240 EXPOSURE CONTROL HAZMAT............. 229 Officer.............. 471 Property packaging.......... 396 Reviews.............. 535 EYEWITNESS IDENTIFICATION .... 277 EYEWITNESS IDENTIFICATION Field identification.......... 358 F FIELD TRAINING OFFICERS ...... 270 Conflict of interest.......... 523 Special assignments......... 453 FIREARMS .............. 71 Conduct.............. 145 Crisis response unit......... 224 Destruction of animals........ 414 Discharge............. 157 Domestic or family violence convictions. 461 Involuntary detentions........ 250 Personally owned........... 72 Property packaging.......... 396 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department - 547 Property releases.......... 399 Seizure.............. 102 Vehicle maintenance......... 380 FIRST AMENDMENT ASSEMBLIES ... 303 FITNESS FOR DUTY Medical file............ 491 OIS................ 65 Temporary modified-duty assignments.. 529 FLYING WHILE ARMED ........ 78 FOREIGN Country convictions......... 461 Currency.............. 439 Diplomatic and consular representatives. 254 Nationals.............. 424 FORMS Employment eligibility........ 445 Missing person........... 125 Missing person investigation checklist.. 125 Missing person medical release..... 125 Missing person school notification.... 125 U visa and T visa.......... 263 Use of force reports.......... 41 G GANGS Civilian attire............ 521 Member affiliation.......... 142 Personal appearance standards ... 514, 514 GRIEVANCES Fitness for duty........... 499 Outside employment......... 508 Supervisor authority.......... 14 H HANDCUFFING AND RESTRAINTS Custody.............. 427 Persons with disabilities........ 184 HANDCUFFING AND RESTRAINTS ... 47 HAZARDOUS MATERIAL (HAZMAT) RESPONSE .............. 229 Aircraft accidents.......... 268 Precautions............. 472 Traffic............... 319 Training.............. 539 Vehicle Inventory.......... 325 HAZARDS .............. 537 HIGH-VISIBILITY VESTS ....... 317 HOMELESS PERSONS ......... 295 HOSTAGE AND BARRICADE INCIDENTS Notifications............ 170 Rapid response and deployment..... 258 HOSTAGE SITUATIONS ........ 234 I IDENTIFICATION CARDS ....... 526 IDENTITY THEFT Victim resources........... 137 ILLNESS AND INJURY PREVENTION .. 535 IMMEDIATE DETENTIONS ...... 248 IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) ......... 262 IMMIGRATION VIOLATIONS ..... 261 IMMUNIZATIONS .......... 473 INFORMANTS ............ 351 INFORMATION AND SUMMONS Traffic............... 327 INFORMATION TECHNOLOGY ..... 147 INFORMATION TECHNOLOGY USE ... 147 INSPECTIONS Body armor............. 489 Crisis response unit - operational readiness 217 Exposure control.......... 471 Firearms .......... 71, 75, 78 Firearms ............ 75, 78 Holding cells............ 427 Illness and injury prevention ... 535, 538 In camera............. 361 Locked enclosures.......... 435 Personal communication devices.... 377 Personal protective equipment..... 538 Personnel ........... 212, 517 Technology use........... 149 Vehicles ........... 383, 538 INVESTIGATION AND PROSECUTION . 337 INVOLUNTARY DETENTIONS ..... 248 J JEANNE CLERY ACT ......... 415 JURISDICTION Aircraft accidents.......... 268 AUTHORITY............. 8 Consular notification......... 424 Death notifications.......... 174 Emergency management........ 22 Missing persons........... 126 Multijurisdictional negotiation teams... 216 OIS................ 62 Registered offenders......... 168 Traffic accidents........... 319 K KEYS Searches.............. 108 Vehicle.............. 384 KINETIC ENERGY PROJECTILE ..... 53 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department - 548 L LACTATION BREAKS ......... 501 LAW ENFORCEMENT AUTHORITY .... 8 LIMITED ENGLISH PROFICIENCY ... 176 Immigration violations........ 261 Interpreters............. 356 M MAJOR INCIDENT NOTIFICATION ... 170 MEAL PERIODS AND BREAKS ..... 500 MEDIA Aircraft accidents.......... 269 First amendment assemblies...... 308 Major incidents........... 170 OIS................ 70 Operations plans........... 371 Warrant service........... 366 MEDICAL Barricade situation.......... 233 Canine bites............. 96 Child involuntary detention...... 112 Domestic or family violence...... 104 Examinations - Adult abuse...... 117 Examinations - Child abuse...... 112 Examinations - sexual assault...... 137 Examinations - temporary modified-duty. 529 File ............. 491, 498 For canines............. 99 HAZMAT exposure......... 229 Homeless persons.......... 295 Illness and injury prevention...... 535 Jail notification............ 48 Opioid overdoes........... 301 Personnel-body cavity searches..... 441 Releases ............ 42, 299 Screening-custody-adults ..... 426, 424 Screening-custody-juveniles...... 431 Treatment for OC spray........ 52 Treatment for tear gas......... 52 Treatment for work-related injury and illness 511 Use of medications on-duty...... 463 MEDICAL Aircraft accidents.......... 267 MISSING PERSONS .......... 125 ALPR............... 292 Reports.............. 157 MOBILE AUDIO/VIDEO (MAV) Racial or bias-based profiling...... 211 MUTUAL AID Emergency operations plan activation... 22 First amendment assemblies...... 306 Interstate peace officer powers...... 11 Warrant service........... 365 N NATIVE AMERICAN GRAVES (NAGPRA) 203 NOTIFICATIONS Adult abuse............. 115 Aircraft accidents.......... 268 Biological evidence......... 401 Bombs............... 240 Brady............... 361 Cash............... 390 Consular.............. 424 Custody suicide attempt, death or serious injury ............... 428, 436 Death............... 174 Department of Child Services..... 109 Exposure control.......... 471 Impaired Driving.......... 331 Jail................ 48 Jeanne Clery ......... 415, 418 Member arrests, convictions and court orders............... 461 Member convictions......... 462 Missing persons........... 128 NAGPRA............. 203 OIS................ 64 Operating while intoxicated...... 332 OSHA............... 174 Post-OC application.......... 52 Pregnancy............. 529 Restraints.............. 48 Sexual Assault........... 341 Traffic death............ 320 Use of force............. 41 vehicle towing........... 324 O OATH OF OFFICE ........... 13 OC SPRAY Animals.............. 77 Conducted energy device deployment... 57 Decontamination........... 48 OFFICER INVOLVED SHOOTING (OIS) Fitness for duty........... 498 OFFICER SAFETY Asset forfeiture........... 346 Body armor............. 488 Canine deployment.......... 94 Conducted energy devices....... 56 Contacts and temporary detentions.... 274 Crime and disaster scene integrity.... 214 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department - 549 Crisis intervention incidents...... 243 Custodial searches.......... 438 Domestic or family violence...... 102 Emergency assistance......... 89 Emergency responses......... 90 Firearm confiscation.......... 63 Foot pursuits............. 85 Handcuffing and restraints....... 47 Immigration violations........ 262 Informants............. 352 Involuntary detentions........ 249 Occupational hazards......... 537 Pat-down searches.......... 275 Personal appearance standards..... 513 Personal communication devices.... 377 Search and seizure.......... 108 Seat belts............. 486 Vehicle Towing........... 326 Warrant service........... 363 OFFICER-INVOLVED SHOOTING (OIS) .. 62 Notifications............ 170 OPERATING UNDER THE INFLUENCE . 330 OPERATIONS PLANNING AND DECONFLICTION ........... 367 ORGANIZATIONAL STRUCTURE AND RESPONSIBILITY ........... 18 OUTSIDE AGENCY ASSISTANCE .... 165 OUTSIDE EMPLOYMENT ....... 507 OVERTIME Court............... 164 Limitation on hours worked...... 499 P PARKING Citations.............. 329 PATROL ............... 208 PAYROLL RECORDS Limitation on hours worked...... 499 PERFORMANCE EVALUATIONS Conflict of interest.......... 523 Field training............ 272 PERSONAL APPEARANCE STANDARDS . 513 PERSONAL COMMUNICATION DEVICES 377 PERSONNEL COMPLAINTS Brady............... 362 Disabled persons ........ 184, 189 Limited English proficiency...... 181 Protected information......... 410 PERSONNEL ORDERS ......... 29 PERSONNEL RECORDS ........ 490 PHOTOGRAPHS Field............... 276 First amendment assemblies...... 304 Photo lineup............ 357 POLICY MANUAL ........... 14 PREGNANCY CUSTODY............. 421 Custody.............. 427 Juveniles.............. 434 Use of restraints........... 47 PRIVACY EXPECTATIONS Administrative Searches........ 479 Email ............. 28, 28 Mobile Data Terminal........ 283 Personal communication devices.... 377 Speech, expression and social networking. 533 Technology use........... 147 Vehicles.............. 383 PROTECTED INFORMATION Ride-alongs............. 228 PROTECTIVE CUSTODY Children.............. 111 Dependent adults.......... 116 PUBLIC ALERTS ........... 132 PUBLIC RECORD REQUEST ...... 405 PUBLIC RECORDING OF LAW ENFORCEMENT ACTIVITY .............. 286 PURSUITS Foot................ 85 R RACIAL OR BIAS-BASED PROFILING .. 210 RANGEMASTER Firearms.............. 71 Inspections ........... 73, 71 RAPID RESPONSE AND DEPLOYMENT . 258 RECORDS Suspicious activity reports....... 311 RECORDS BUREAU Missing persons........... 128 RECORDS RELEASE Adult abuse............. 118 ALPR data............. 293 Media............... 162 OIS ............. 162, 162 Sexual assault............ 343 Subpoenas and discovery requests.... 408 RECORDS RETENTION Illness and injury prevention...... 540 Recruitment and selection....... 446 RECRUITMENT AND SELECTION ... 444 REGISTRANTS ............ 168 RELIGION NAGPRA............. 203 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department - 550 Personal appearance standards..... 516 REPORTING OF ARRESTS, CONVICTIONS AND COURT ORDERS ........... 461 REQUEST FOR CHANGE OF ASSIGNMENT ................... 494 RETALIATION ............ 120 REVIEW Exposures............. 535 REVIEWS Anti-retaliation........... 460 Asset forfeiture seizures........ 348 Chaplain program - annual....... 192 Crisis intervention in incidents - annual.. 246 Discriminatory harassment....... 124 Emergency operations plan....... 23 Exposure control plan - periodically... 471 Eyewitness identification process - annual. 356 Illness and injury prevention...... 535 Incident review - training........ 26 Information technology........ 149 LEP coordinator........... 176 MAV recordings........... 211 Policy manual............ 16 Racial or bias-based profiling - annual.. 211 Registrant compliance - annual..... 168 Reports.............. 159 Temporary information files...... 280 Training plan............ 24 Unclaimed money - annual...... 399 Use of force............. 42 Use of force review board....... 44 RIDE-ALONGS ............ 226 RISK ASSESSMENT .......... 367 S SAFE HAVEN LAW .......... 111 SAFETY Anti-retaliation........... 458 Bomb calls............. 237 Canine............... 384 Conduct.............. 145 Defective vehicles.......... 380 Drug- and alcohol-free workplace.... 463 Explosive training aids........ 101 Firearms.............. 75 First responder........... 214 Fitness for duty........... 497 Hazardous material response...... 229 Inspections............. 538 Inspections (vehicle)......... 380 Media relations........... 160 Occupational............ 535 Release of protected information.... 410 Shotguns.............. 71 Speech, expression and social networking. 531 Temporary custody of adults...... 424 Temporary custody of juveniles..... 435 Temporary flight restrictions...... 161 Unlawful or conflicting orders..... 140 SAFETY EQUIPMENT Body armor............. 488 Chaplains............. 192 First amendment assemblies...... 305 Hazardous material response...... 230 High-visibility vests......... 317 Seat belts............. 486 Unmarked vehicles.......... 381 SEARCH WARRANTS ......... 363 SEARCHES ............. 107 Administrative........... 482 Body cavity............ 441 Custodial.............. 438 Dead bodies............ 173 Pat-down.............. 275 Police Vehicle Inspections....... 383 Strip............... 439 SEAT BELTS ............. 486 SECONDARY TO USE OF FORCE Deadly force............. 40 SEXUAL ASSAULT .......... 341 SEXUAL HARASSMENT ........ 121 SMOKING AND TOBACCO USE .... 476 SOCIAL MEDIA Backgrounds............ 446 Media relations........... 308 Speech, expression and social networking. 531 SPECIAL ASSIGNMENTS AND PROMOTIONS ................... 453 SPEECH, EXPRESSION AND SOCIAL NETWORKING ............ 531 STANDARDS OF CONDUCT ...... 140 SUBPOENAS ............. 163 Records release and discovery requests.. 408 SUMMONS ............. 252 Accountability........... 328 Evaluation criteria.......... 317 Traffic............... 317 SUPERVISION STAFFING LEVELS .... 30 SUSPICIOUS ACTIVITY REPORTING .. 310 T TAKE-HOME VEHICLES ........ 385 TATTOOS .............. 514 TEAR GAS .............. 52 Jeffersonville Police Department Policy Manual Copyright Lexipol, LLC 2017/07/25, All Rights Reserved. Published with permission by Jeffersonville Police Department - 551 TECHNOLOGY USE .......... 147 TEMPORARY CUSTODY Adults............... 421 Juveniles.............. 430 TEMPORARY MODIFIED-DUTY ASSIGNMENTS Outside employment......... 509 TOLL ROADS ............ 387 TRAFFIC Accidents............. 319 Citations.............. 327 Signal malfunctions......... 265 TRAINING Adult abuse............. 118 AED............... 301 Bias or prejudice crimes........ 139 Briefing.............. 213 Canine............... 99 Chaplains............. 196 Child abuse............. 113 Child and dependent adult safety.... 199 Communicable disease........ 475 Conducted energy device........ 61 Control devices............ 54 Criminal organizations........ 281 Crisis intervention incidents...... 247 Crisis response unit......... 224 Custodial searches.......... 442 Custody.............. 429 Discriminatory harassment....... 124 Emergency operations plan....... 23 Firearms.............. 76 First amendment assemblies...... 309 Hazardous materials......... 539 Immigration............ 264 Involuntary detentions........ 251 Limited English proficiency...... 182 Negotiation team.......... 224 Occupational safety......... 539 Open Records Request Response.... 408 Operations planning and deconfliction.. 372 Opioid medication.......... 301 Persons with disabilities........ 189 Protected information......... 411 Racial or bias-based profiling...... 211 Rapid response and deployment..... 260 Sexual Assault........... 343 Speech, expression and social networking. 534 Use of Force............. 43 Warrant service........... 366 U U VISA AND T VISA ......... 263 UNIFORMS Badges, patches and identification.... 525 Courtroom attire........... 164 Crisis response unit......... 224 Ride-along attire........... 227 UNLAWFUL ASSEMBLY ....... 307 USE OF FORCE ............ 38 Forced blood samples......... 332 Review boards............ 44 UTILITY SERVICE EMERGENCIES ... 265 V VEHICLE MAINTENANCE ....... 380 VEHICLES Inventory............. 325 Towing.............. 323 VICTIMS Compensation and rights....... 136 W WARNINGS Canine............... 95 Shots................ 78 Traffic............... 317 WARRANT SERVICE ......... 363 WATCH COMMANDERS ........ 282 WORK-RELATED INJURY AND ILLNESS REPORTING ............. 511