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Update to JPD Policies (BPW Approved 2/14/24) Policy 500,501,504,506,600,801,803,900,1000,1004,1006,1012,1015,1022,1025,1029,1035
4/25/2023 3:35:35 PM Compare Results Old File: f H Traffic (1).pdf vsu: Traffic (2).pdf 3 pages (11 KB) 3 pages (12 KB) Total Changes Content Styling and Annotations 0 6 Replacements o 4 Styling Insertions o Annotations 0 Text only comparison Deletions Go to First Change (page 1) file://NoURLProvided[4/25/2023 3:35:35 PM] 4/25/2023 3:35:35 PM Compare Results Old File: Traffic (1).pdf versus Traffic (2).pdf 3 pages (11 KB) 3 pages (12 KB) Total Changes Content Styling and Annotations 0 6 Replacements O 4 Styling Insertions O Annotations 0 Text only comparison Deletions Go to First Change (page 1) file://NoURLProvided[4/25/2023 3:35:35 PM] Policy Jeffersonville Police Department 500 Policy Manual 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved ***DRAFT*** Traffic- 1 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Traffic 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. 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. § 9-24-19-1; I.C. § 9-24-19-2; I.C. § 9-24-19-3). 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 Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Traffic-2 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Traffic by passing traffic or will be maneuvering or operating vehicles, machinery and equipment(23 CFR 655.601; I.C. § 22-8-1.1-2). 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. I 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Traffic-3 Published with permission by Jeffersonville Police Department 4/26/2023 9:37.26 AM Compare Results Old File: Traffic_Accidents (1).pdf versu Traffic_Accidents (2).pdf 4 pages (14 KB) 4 pages (14 KB) Total Changes Content Styling and Annotations 1 5 7 Replacements 6 o Styling Insertions o 2 Annotations Text only comparison Deletions Go to First Change (page 1) file://NoURLProvided[4/26/2023 9:37:26 AM] Policy Jeffersonville Police Department 501 Policy Manual 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 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. (d) The potential for involvement of hazardous materials. Copyright Lexipol,LLC 2023/04/26,All Rights Reserved ***DRAFT*** Traffic Accidents- 1 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Traffic Accidents 9(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 should 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$2,500 (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$2,500 (I.C. § 9-26-2-4). Copyright Lexipol,LLC 2023/04/26,All Rights Reserved. ***DRAFT*** Traffic Accidents-2 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Traffic Accidents 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 Copyright Lexipol,LLC 2023/04/26,All Rights Reserved. ***DRAFT*** Traffic Accidents-3 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Traffic Accidents 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. 501.9 ACTION WHEN A REPORT IS NOT REQUIRED When a traffic accident does not meet the minimum reporting requirements, a responding member should verify that each involved driver present has complied with the requirements of I.C. § 9-26-1-1.1 (I.C. § 9-26-2-1; I.C. § 9-26-2-4). Copyright Lexipol,LLC 2023/04/26,All Rights Reserved. ***DRAFT*** Traffic Accidents-4 Published with permission by Jeffersonville Police Department 4/25/2023 3:38:52 PM Compare Results Old File r Operating_While_Intoxicated.pdf _ Operating_While_Intoxicated (1).pdf 5 pages (17 KB) 5 pages (17 KEG) Total Changes Content Styling and Annotations 1 4 3 Replacements o 6 Styling Insertions o 5 Annotations Text only comparison Deletions Go to First Change (page 1) file://NoURLProvided[4/25/2023 3:38:52 PM] Policy Jeffersonville Police Department 504 Policy Manual 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): Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Operating While Intoxicated- 1 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Operating While Intoxicated (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.) 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, the person 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 to take a blood test shall not be considered a refusal. However, that arrestee may be required to complete another available and viable test. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT**" Operating While Intoxicated-2 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Operating While Intoxicated 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. § 9-30-7-2; I.C. § 9-30-7-3). 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. 1. An exigent circumstance occurs when 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 and the offense occurred no more than three hours prior to the sample being requested (I.C. § 9-30-6-6). Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Operating While Intoxicated-3 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Operating While Intoxicated 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). Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Operating While Intoxicated-4 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Operating While Intoxicated 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*"* Operating While Intoxicated-5 Published with permission by Jeffersonville Police Department Policy Jeffersonville Police Department 506 Policy Manual Traffic Crash Investigation Team 506.1 PURPOSE The purpose of this policy is to establish guidelines and procedures for the application and utilization of the Jeffersonville Police Department's Traffic Crash Investigation Team. 506.2 POLICY It is the policy of the Jeffersonville Police Department to maintain a team of officers who are qualified to investigate traffic crashes. This will aid in establishing facts about the cause of traffic crashes that are likely to result in criminal prosecution or civil proceedings which resulted in death, serious bodily injury, or a Catastrophic Crash Event. It is also the intent of this policy to accomplish this in a manner which efficiently maintains and utilizes the specialized skills of those officers assigned as crash reconstructionist. 506.3 DEFINITIONS (a) Crash Reconstructionist-An officer assigned to the Jeffersonville Police Department's TCIT who has been certified in crash reconstruction through the Institute of Police Technology and Management. (b) Traffic Crash Investigation Team Leader- An officer within the Jeffersonville Police Department designated by the Jeffersonville Police Department Administration. (c) TCIT- Traffic Crash Investigation Team (d) Impairment Detection Officer-A merit officer who has obtained specialized training in the detection of an impaired person(s). (e) Serious Bodily Injury-As defined by IC 35-31.5-2-292, injury that creates a substantial risk of death or that causes: (a) Serious permanent disfigurement (b) Unconsciousness (c) Extreme pain (d) Permanent or protracted loss or impairment of the function of a bodily member or organ; or (e) Loss of fetus (f) Catastrophic Crash Event—A crash that occurs in which a person(s) quality of life is or could be affected. 506.4 PROCEDURE The Jeffersonville Police Department Traffic Crash Investigation Team (TCIT) will be utilized to investigate traffic crashes resulting in death, serious bodily injury, or catastrophic crash events. The TCIT will be available to investigate crashes for the Jeffersonville Police Department and Copyright Lexipol,LLC 2023/12/13,All Rights Reserved ***DRAFT*** Traffic Crash Investigation Team- 1 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Traffic Crash Investigation Team other police agencies up request and the approval from the Team Leader or the Jeffersonville Police Department's Administration. 506.5 REQUESTS FOR TRAFFIC CRASH INVESTIGATION TEAM ACTIVATION Whenever the Jeffersonville Police Department is investigating any vehicular crash where death, serious bodily injury, or catastrophic crash event occurred, the on-duty supervisor or OIC may request the TCIT to respond and assess the crash scene. This request shall be made by the OIC to the TCIT Team Leader. 506.6 REPORTING Whenever the TCIT is activated to conduct the investigation, the TCIT will be responsible for all investigative functions and completing and submitting all necessary applicable reports. These reports may include but are not limited to: • Indiana Standard Crash Report (AIRES) • Arrest Reports • Probable Cause Affidavits • Impound and inventory Sheets • Blood Draw Kits • Property Receipt and Record (Evidence Sheet) • Crime Scene Loa • Crash Reconstruction Report • Call Out Summary • Breath/Blood Alcohol Content Certified Results (Certified Instrument) Call Out Summary shall be completed and submitted to the Jeffersonville Police Department Administration as soon as reasonably possible while conducting the investigation. TCIT shall not release the scene and go off-duty prior to the completion and submission of the call out summary to the Administration. The initial Indiana Standard Crash Report (Aries) Shall be submitted by the TCIT within 72 hours of conducting the crash investigation. A TCIT Crash Reconstruction Report shall be submitted to the Jeffersonville Police Department Administration for dissemination to interested agencies (i.e. Prosecutor's Office, Police Agencies, Insurance Companies, etc.)within 60 days of initiating the investigation. • If the Crash Reconstruction Report is not completed within the required timeframe,the TCIT Team Leader will submit a written report to the Jeffersonville Police Department Administration outlining the reasons for the delay and may request more time for completion of the Crash Reconstruction Report. Copyright Lexipol,LLC 2023/12/13,All Rights Reserved. ***DRAFT*** Traffic Crash Investigation Team-2 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Traffic Crash Investigation Team • Not all crashes where the TCIT is activated and conduct an investigation require a crash Reconstruction Report to be completed. The decision not to complete a Crash Report will be made by the TCIT Team Leader and Written explanation of this decision shall be submitted to the Jeffersonville Police Department Administration. 506.7 RESPONSIBILITIES OF CRASH RECONSTRUCTION TEAM MEMBERS All TCIT members shall respond to, and make themselves available for, any subpoenas to testify in court, whether criminal or civil proceedings, or to give statements in depositions. TCIT members shall not, unless specific permission has been granted from the Jeffersonville Police Department Administration, take any assignments on their own to conduct an investigation for a private or third-party entity, or to testify as an expert witness in a case, either criminal or civil, for which they have not been officially assigned to. All members of the TCIT will consider potential conflicts of interest which may arise in investigation assignments. Such conflicts or potential conflicts will be brought to the attention of the TCIT Team Leader for resolution. TCIT members shall remain current in the field of crash investigation and reconstruction. 506.8 PROTOCOL The following clarifies, describes and/or designates specific protocol for the various functions of the Jeffersonville Police Department TCIT. The structure of the TCIT will be: • Team Leader • Team Member • Adjunct Member Coroner • The TCIT Team Leader or the ranking TCIT member will determine when to have the Coroner's Office contacted to respond to the scene. • The TCIT Team Leader of the Ranking TCIT member will coordinate with the coroner for the removal of any deceased person(s)from the scene. • The coroner or their representative shall be notified who the investigating officer is and forward any paperwork relating to the investigation as soon as possible including the results of any drug or alcohol tests performed. Crash Scene Security and Evidence Preservation • Responding units should refrain from entering the crash scene with their apparatus/ police commission to avoid contaminating the scene or disturbing potential evidence. • Vehicles and debris should only be disturbed when it is directly related to the preservation of life. Copyright Lexipol,LLC 2023/12/13,All Rights Reserved. ***DRAFT*** Traffic Crash Investigation Team-3 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Traffic Crash Investigation Team • The location and position of such items should be noted and immediately reported to the investigating TCIT personnel. • All non-emergency personnel shall be kept out of the scene and away from vehicles. Toxicology • A complete drug and alcohol screening shall be performed on all deceased drivers. • A drug and alcohol test shall be offered to all surviving drivers as set forth in IC 9-30-7-3. • A TCIT member shall read the surviving driver(s)the Indiana Implied Consent for Fatal or Serious Bodily Injury Crashes. • If the driver does require hospitalization, a designated TCIT member shall respond to the medical facility to which the driver is taken and make a request for such samples to be obtained to the attending emergency room physician. • If it is necessary to transport the driver out of state for medical treatment, a TCIT member should request a blood sample be obtained by emergency medical personnel prior to leaving the scene, if practical. If not done prior to leaving the scene, then a designated TCIT member shall respond to the medical facility to which the driver is taken and make a request for such samples to be obtained to the attending physician. • Officers should utilize the approved blood test kit issued by the Indiana Department of Toxicology to obtain a sample in addition to any samples obtained by the hospital. Commercial Motor Vehicles • The involvement of a Commercial Motor Vehicle in a serious bodily injury, fatal crash, or catastrophic crash event will require a Level I inspection to be performed by a certified Commercial Motor Vehicle Inspector from the Indiana State Police Commercial Motor Vehicle Division. • When possible, the vehicle should not be moved and the logbook should be secured immediately from the driver. Wrecker Service(s) • Unless it is necessary for extrication of victims, wrecker services will be contacted by a TCIT member as they are needed. Evidence Technician/Detective • Whenever possible, a TCIT member shall attend any autopsies and be responsible for both written and photographic documentation of the deceased injuries in cooperation with the Medical Examiner/Coroner. An evidence technician or Detective may be requested to attend an autopsy if a TCIT member is unavailable. • The Technician/Detective shall forward any paperwork relating to a fatal crash to the TCIT as soon as possible including the results of any drug and or alcohol tests performed. Copyright Lexipol,LLC 2023/12/13,All Rights Reserved. ***DRAFT*** Traffic Crash Investigation Team-4 Published with permission by Jeffersonville Police Department 4/25/2023 2:51:52 PM Compare Results Old File Investigation_and_Prosecution (2).pdf Investigation_and_Prosecution (3).pdf 4 pages (14 KB) 5 pages (16 KB) Total Changes Content Styling and Annotations 9 1 Replacement o 4 Styling Insertions o 4 Annotations Text only comparison Deletions Go to First Change (page 1) file://NoURLProvided[4/25/2023 2:51:52 PM] Policy Jeffersonville Police Department 600 Policy Manual 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 a supervisor or the Uniform Patrol Commander. 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Investigation and Prosecution- 1 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Investigation and Prosecution 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 AUDIONIDEO 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Investigation and Prosecution-2 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Investigation and Prosecution (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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Investigation and Prosecution-3 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Investigation and Prosecution 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. 600.9 FOLLOW-UP INVESTIGATIONS RESPONSIBILITIES Follow-up investigations may be conducted by either uniformed officers or detectives, depending on the criteria established by this department. Investigative steps include, but are not limited to: (a) Reviewing and analyzing all previous reports, agency records, laboratory examination results and external sources of information. (b) Conducting additional interviews. (c) Seeking additional information (e.g. from law enforcement officers or informants). (d) Conducting searches for additional evidence. (e) Identifying and apprehending suspects. (f) Determining the suspect's involvement in other crimes. (g) Checking the suspect's criminal history. (h) Preparing cases for court presentation. 600.9.1 INVESTIGATION CASE FILES The Investigations/Operations Assistant Chief should develop procedures for the maintenance of case files to include, but not limited to: • Types of records to be maintained • Accessibility to the files Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Investigation and Prosecution-4 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Investigation and Prosecution • Security of the files • Purging of files 600.10 MANDATORY NOTIFICATION Members of the Jeffersonville Police Department shall notify the Indiana Attorney General within 30 days after beginning an investigation into a violation of I.C. § 35-42-3.5-1 through I.C. § 35-42-3.5-1.4 (e.g., human trafficking, sexual trafficking/conduct, forced labor, forced marriage, prostitution) as required by I.C. § 35-42-3.5-5. • Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Investigation and Prosecution-5 Published with permission by Jeffersonville Police Department 4/25/2023 2:29:29 PM Compare Results Property_Room (2).pdf versus Property_Room (3).pdf 9 pages (30 KB) 9 p'�1gEs (32 KS) Total Changes Content Styling and Annotations 923 Replacements o 11 Styling Insertions o 5 Annotations Text only comparison Deletions Go to First Change (page 1) file://NoURLProvided[4/25/2023 2:29:29 PM] Policy Jeffersonville Police Department 801 Policy Manual 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. 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 Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Property Room - 1 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Property Room 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: in accordance with the Jeffersonville Police Department Evidence Packaging Manual (a) and Evidence Form: 1. Officcr assigncd to the case/incident at the timc cvidcncc is submittcd. First initial+ last nomc. 2. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved ***DRAFT*** Property Room -2 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Property Room 3. Datc/Time Collected Date and time officer came in possessien-of-evidcncc MM/DD/YYYY . Four digit military (09:00)or meridiem time (9:00 a.m.). 4. Location of Incident- Street address where offense/incident occurred including qualifiers. Cx. "123 Main Street#A1- 5. Case/Incident # - Case or incident number that corresponds with evidence. 2012-0000. 6. Victim _Victim'. First A1.-.m Middle Initial 1 A1........ If n ct7.. , 7. 8. Offense - Nature of case/Incident. Cx. "Residential Burglary", "Bu3inc33 Robbery", "Found Property".The 9. Lockers, Evidence Refrigerated Lockers, Evidence Lab, Evidence 10. Description/Location Detailed and brief description—of—item along with the location where it was collected. 11. 12. (b) Packaging Evidence (a) (b) Ensure written-on-the-tag. (c) positioned neat the top of the packaging to allow the evidence tape to cover the (d) 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 (e) AH 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 801.4.2 The following items rcquirespccial consideration and shall-be processed as follows, unless special conditions dictate a reasonable deviation: Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Property Room -3 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Property Room Bieyeles - If located as Jeffersonville Street Department. If evidence tag and contact the Evidence Technician. Bioha d-Materials ---Plaee-in-amar-apriat-e-size-paper-bag-ar-erivelope-withABiehekefs , on the package. If items are wet, they must be dried prior to packaging , Casio in excess of $1,000. The supervisor shall witness the count, initial and date the envelope, and -bc-nceco^afy-. E-xplesives--atom--f Tewerks can be stored deffersenville Fire Department or appropriate agency and dispose of the items. No explosive, incendiary devices, caustic materials -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 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 contains DNA or blood or biohazard evidence, secure the long gun in a rifle box. Again, record the arc stored in evidence in a separate location -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. QJepa#rnent. No formal property processing is required. If no responsible©personnel can be located, the property should be held for safekeeping. &harps - Syringe tubes should be used to package syringes and needles and placed in a paper envelope Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Property Room-4 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Property Room 801.4.3 CONTROLLED SUBSTANCE/NARCOTICS AND DANGEROUS DRUGS Narcotics, whether prescription or illegal, can be placed in an appropriate envelope, paper bag or plastic bag. All plant material, EXAMPLE: marijuana or hashish (dried or non-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 found in extraneous packaging (e.g. cloth bag,Altoids tin, cigar box, etc.),the evidence should be packaged separately from extraneous packaging unless this poses a safety risk. Plastic bags, foil wrapping, manila envelopes, etc., are acceptable. EXAMPLE: A plastic bag containing plant material is discovered in a purple cloth bag. Only the plastic bag containing the plant material would be submitted. If you find LOOSE marijuana in an Altoids tin, if practical, 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 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Property Room -5 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Property Room 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. 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 Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Property Room -6 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Property Room 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. 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. 801.7.3 RELEASE OF FIREARMS IN STORAGE The evidence technician shall facilitate the release and return of a stored firearm to the individual or a responsible third party upon receipt of a court order requiring return of a firearm that has been Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Property Room-7 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Property Room held in storage at the Department or at a department-contracted storage facility(I.C. §35-47-14-3; I.C. § 35-47-14-6; I.C. § 35-47-14-10). 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: • 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 held by this department is destroyed without adequate notification to the following persons, when applicable: (a) The defendant (b) The defendant's attorney (c) The appropriate prosecutor and Attorney General (d) Any sexual assault victim (e) The Investigations/Operations Assistant Chief Biological evidence shall be retained for a minimum period established by law(I.C. § 16-21-8-10; I.C. § 35-33-5-5; I.C. § 35-38-7-14), the expiration of the applicable statute of limitations, 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 Assistant Chief. 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 Assistant Chief should be consulted and the sexual assault victim should be notified. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Property Room-8 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Property Room 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. 801.8.3 BIOLOGICAL EVIDENCE FROM SEXUAL ASSAULT CASES The Department should provide status and storage updates to the victim services division to the Indiana Criminal Justice Institute (Division), such as when a sample is returned or removed from the Property Room, via the web-based claims reimbursement and sexual assault examination kit tracking system (I.C. § 16-21-8-10; I.C. § 16-21-8-12). 801.8.4 BIOLOGICAL EVIDENCE FROM VIOLENT OFFENSE CASES The evidence technician is responsible for notifying the defendant and the defendant's attorney as set forth in I.C. § 35-33-5-5 when evidence related to a violent offense that could be subjected to DNA testing is removed from the Property Room. 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 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved ***DRAFT*** Property Room -9 Published with permission by Jeffersonville Police Department 4/25/2023 3 05:49 PM Compare Results Records_Maintenance_and_Release (2).pdf Records_Maintenance_and_Release (3).pdf 4 pog,J3 (15 KB) 5 pages (17 lit- ) Total Changes Content Styling and Annotations 9 1 Replacement o 4 Styling Insertions o 4 Annotations Text only comparison Deletions Go to First Change (page 1) file://NoURLProvided[4/25/2023 3:05:49 PM] Policy Jeffersonville Police Department 803 Policy Manual 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: Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Records Maintenance and Release- 1 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Records Maintenance and Release (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 Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Records Maintenance and Release-2 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Records Maintenance and Release member; and the 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 a family member of any of the preceding (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). (I) 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) A recording that has captured information about airport security, procedures, areas, or systems, unless there is approval by an appropriate public agency. (o) A record assembled, prepared, or maintained to prevent, mitigate,or respond to an act of terrorism, including a record which, if released, would have a reasonable likelihood Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Records Maintenance and Release-3 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Records Maintenance and Release of threatening public safety by exposing a vulnerability of locations or structures to a terrorist attack (I.C. § 5-14-3-4(b)(19)). (p) 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). 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved ***DRAFT*** Records Maintenance and Release-4 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Records Maintenance and Release 803.10 SECURITY BREACHES Any member who becomes aware that any Jeffersonville Police Department system has been subject to a cybersecurity incident should notify the Records Manager as soon as practicable (I.C. § 4-13.1-1-1.5). The Records Manager should provide notice to all entities in the form and manner required by federal, state, and local law. Notice should be given as soon as practicable but not later than two business days after discovery (I.C. § 4-13.1-2-9). Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Records Maintenance and Release-5 Published with permission by Jeffersonville Police Department Policy Jeffersonville Police Department 900 Policy Manual 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Temporary Custody of Adults- 1 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Temporary Custody of Adults (c) Any individual who is seriously injured. (d) Individuals who are a suspected suicide risk (see the Involuntary Detentions Policy). 1. If the officer taking custody of an individual believes that the individual 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 the individual's 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 held 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. 900.4 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. **'DRAFT*** Temporary Custody of Adults-2 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Temporary Custody of Adults The receiving officer should ask the arresting officer if there are any statements, indication or •evidence surrounding the individual's arrest and transportation that would reasonably indicate the individual is at risk for suicide or critical medical care. 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Temporary Custody of Adults-3 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Temporary Custody of Adults 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Temporary Custody of Adults-4 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Temporary Custody of Adults (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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Temporary Custody of Adults-5 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Temporary Custody of Adults (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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Temporary Custody of Adults-6 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Temporary Custody of Adults 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Temporary Custody of Adults-7 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Temporary Custody of Adults 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Temporary Custody of Adults-8 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Temporary Custody of Adults (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 reasonable 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Temporary Custody of Adults-9 Published with permission by Jeffersonville Police Department 4/25/2023 3:46:24 PM Compare Results Old File: F Recruitment_and_Selection.pdf ve Recruitment_and_Selection (1).pdf 5 pages (17 KB) 6 pad,s 119 KB) Total Changes Content Styling and Annotations 39 16 Replacements o 8 Styling Insertions o 15 Annotations Deletions Text only comparison Go to First Change (page 1) file://NoURLProvided[4/25/2023 3:46:24 PM] Policy Jeffersonville Police Department 1 000 Policy Manual 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 actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law. 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. (g) Provide for training to members assigned to recruitment activities. 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Recruitment and Selection- 1 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Recruitment and Selection 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. 1000. PACKGROUND 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. 1000.4.1 NOTICES Background investigators shall ensure that investigations are conducted and notices provided in accordance with the requirements of the FCRA (15 USC § 1681d). 1000.4.2 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. 1000.4.3 INVESTIGATOR TRAINING Members who conduct background investigations should receive department-approved training in collecting the required information. 1000.4.4 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Recruitment and Selection-2 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Recruitment and Selection 1000.4.5 RECORDS RETENTION The background report and all supporting documentation shall be maintained in accordance with the established records retention schedule. 1000.5 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 • 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. 1000.6 REAPPLICATION, RETESTING AND REEVALUATION Any applicant who fails the written examination or agility test may reapply at the next available test date. Any applicant who proceeds to the Merit Commission interview phase, but fails to proceed to the next phase may reapply, but not until one year has expired from the date of his/her oral interview. Any candidate who has been disqualified: (a) during any portion of the background examination shall not be eligible for any portion of the selection process for a period of three (3) years or, (b) who fails to appear or complete the hiring requirements shall be disqualified as a candidate and may reapply for any succeeding examination. All applicants who have previously applied and were not applicable for hire, including for good cause will be allowed to re-apply and be reconsidered. The Chief of Police, or his designee may rely upon previously gathered background, polygraph, or medical/psychological information to eliminate a candidate from further consideration upon receipt of an application, or at a later date. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Recruitment and Selection-3 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Recruitment and Selection 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 established by Indiana law, including the following (I.C. § 36-8-3.5-12; 250 IAC 2-3-1 et seq.): (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 when applicable. 1. Veterans are exempt from the maximum age restriction (I.C. § 36-8-4.7-5). (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 that 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 that 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 must obtain a positive recommendation of emotional and mental fitness. (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) 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Recruitment and Selection-4 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Recruitment and Selection 1000.8 JOB DESCRIPTIONS The Administration Assistant Chief should ensure that a current job description is maintained for each position in the Department. 1000.9 PROBATIONARY PERIODS The Administration Assistant Chief should coordinate with the Jeffersonville Human Resources Department to identify positions subject to probationary periods and procedures for (I.C. § 36-8-3.5-12): (a) Appraising performance during probation. (b) Assessing the level of performance required to complete probation. (c) Documenting successful or unsuccessful completion of probation. 1000.10 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, including at least three personal references (d) Employment eligibility, including U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form 1-9 and acceptable identity and employment authorization documents. This required documentation should not be requested until a candidate is hired. This does not prohibit obtaining documents required for other purposes. (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 (including a fingerprint check for criminal records) (h) Polygraph, truth telling device, or voice stress analyzer (VSA) 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 (k) Entire employment file from law enforcement agencies that have employed, or currently employ, a law enforcement officer candidate, including findings and orders related to prior disciplinary action or internal investigations (I.C. § 36-8-2-2) Copyright Lexipol,LLC 2023/04/25,All Rights Reserved, ***DRAFT*** Recruitment and Selection-5 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Recruitment and Selection (I) Checks against the Indiana Protection Order Registry 1000.10.1 HIRING PREFERENCE The Department will provide preference as required by I.C. § 36-8-10-10.4. 1000.10.2 EXAMINER QUALIFICATIONS Polygraph, truth telling device, or VSA examiners shall have a certification on file with the Administration Assistant Chief. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved ***DRAFT*** Recruitment and Selection-6 Published with permission by Jeffersonville Police Department 4/25/2023 3:04:27 PM Compare Results Old File New File Temporary_Custody_of_Adults (2).pdf Temporary_Custody_of_Adults (3).pdf 10 pages (28 KB) 9 pages (28 KB) Total Changes Content Styling and Annotations 31 1 o Replacements o 11 Styling Insertions o 10 Annotations Deletions Text only comparison Go to First Change (page 1) file://NoURLProvided[4/25/2023 3:04:27 PM] 4/26/2023 9.40.01 AM Compare Results Old File td F Anti-Retaliation (1).pdf versu _ Anti-Retaliation (2).pdf 3 pages (12 KB) 3 pages (12 KB) Total Changes Content Styling and Annotations 8 5 Replacements O 3 Styling Insertions O Annotations 0 Text only comparison Deletions Go to First Change (page 1) file:/MoURLProvided[4/26/2023 9:40:01 AM] Policy Jeffersonville Police Department 1 004 Policy Manual 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. Copyright Lexipol,LLC 2023/04/26,All Rights Reserved ***DRAFT*** Anti-Retaliation - 1 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Anti-Retaliation 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) Periodic 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. Copyright Lexipol,LLC 2023/04/26,All Rights Reserved ***DRAFT*** Anti-Retaliation -2 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Anti-Retaliation 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. §36-1-8-8). 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. Copyright Lexipol,LLC 2023/04/26,All Rights Reserved. ***DRAFT*** Anti-Retaliation -3 Published with permission by Jeffersonville Police Department 4/25/2023 3:34:08 PM Compare Results Old File Drug-_and_Alcohol-Free_Workplace (1).pdf !> Drug-_and_Alcohol-Free_Workplace (2).pdf 3 pages (12 KB) 3 pages (13 KB) Total Changes Content Styling and Annotations 21 6 Replacements o 9 Styling Insertions o 6 Annotations Text only comparison Deletions Go to First Change (page 1) file://NOURLPrOvided[4/25/2023 3:34:08 PM] Policy Jeffersonville Police Department 1006 Policy Manual Drug- and Alcohol-Free Workplace 1006.1 PURPOSE AND SCOPE The purpose% his policy is to establish clear and uniform guidelines regarding drugs and alcohol in the workplace (41USC § 8103). 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. 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 Uniform Patrol Commander or appropriate supervisor as soon as the member is aware that the member 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, the member shall be immediately removed and released from work(see the Work Restrictions section in this policy). 1006.3.1 USE OF MEDICATIONS Members should ovoid taking not use 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 h+s/heir the member's 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. Members shall notify a supervisor immediately if they observe behavior or other evidence that they believe demonstrates that a fellow on-duty member is impaired due to drug or alcohol use. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Drug-and Alcohol-Free Workplace- 1 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manua,; Drug- and Alcohol-Free Workplace 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 may 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 accidcnt incident 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: (a) The test will be given to detect either alcohol or drugs, or both. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Drug-and Alcohol-Free Workplace-2 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Drug- and Alcohol-Free Workplace (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 member's confidential medical file in accordance with the Personnel Records Policy. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Drug-and Alcohol-Free Workplace-3 Published with permission by Jeffersonville Police Department 4/25/2023 3:31:52 PM Compare Results F _ Ne,. F];: Personnel_Complaints (4).pdf versus Personnel_Complaints (5).pdf 9 pages (27 KB) 9 pages (29 KB) Total Changes Content Styling and Annotations 30 15 Replacements o 13 Styling Insertions 0 2 Annotations Text only comparison Deletions Go to First Change (page 1) file://NoURLProvided[4/25/2023 3:31:52 PMJ Policy Jeffersonville Police Department 1012 Policy Manual 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. Except as otherwise noted, 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, including the failure to intervene, 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 Detective Division, such matters may be further investigated depending on the seriousness of the complaint and the availability of sufficient information. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved ***DRAFT*** Personnel Complaints- 1 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personnel Complaints 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 and informal complaints are documented on a complaint form.The supervisor shall ensure that the nature of the complaint is defined as clearly as possible. All complaints and inquiries 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Personnel Complaints-2 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personnel Complaints 1012.6 ADMINISTRATIVE INVESTIGATIONS The Administration Assistant Chief or the supervisor in charge of the internal affairs function shall have direct access to the Chief of Police or the authorized designee. 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. 2. In circumstances where the integrity of the investigation could be jeopardized by reducing the complaint to writing or where the confidentiality of a complainant is at issue, a supervisor shall orally report the matter to the member's Assistant Chief or the Chief of Police, who will initiate appropriate action. (b) Responding to all complainants 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 theChief of Police are notified via the chain of command as soon as practicable. (e) Promptly contacting the Human Resources Department and the Uniform Patrol Commander for direction regarding the supervisor's 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Personnel Complaints-3 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personnel Complaints (g) Informing the complainant of the investigator's name and the complaint number within three days after assignment. (h) Investigating a complaint as follows: 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 Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Personnel Complaints-4 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personnel Complaints 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. (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 and complete and shall 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Personnel Complaints-5 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personnel Complaints 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. 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. 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. 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved ***DRAFT*** Personnel Complaints-6 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personnel Complaints 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. 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 Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Personnel Complaints-7 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personnel Complaints the grounds and reasons for discipline and the effective date of the discipline. Once the Chief of Police has issued a written decision, the discipline shall become effective. 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, including whether an effective intervention by another employee was accepted by the accused employee. - (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. 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Personnel Complaints-8 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personnel Complaints 1012.14 PROBATIONARY EMPLOYEES AND OTHER MEMBERS At-will and probationary employees and members other than non-probationary employees may be disciplined and/or released from employment without adherence to any of the procedures set out in this policy, anc' "without notice or cause, at any time. These individuals are not entitled to any rights under this policy. However, any of these individuals released for misconduct should be afforded an opportunity solely to clear their names through a liberty interest hearing, which shall be limited to a single appearance before the Chief of Police or the authorized designee. 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. 1012.16 NOTIFICATION OF THE LAW ENFORCEMENT TRAINING BOARD The Chief of Police or the authorized designee shall notify the Law Enforcement Training Board (LETB) of the final determination of discipline of an officer in the following circumstances (I.C. § 5-2-1-12.5): 1. Conviction of a felony or a finding of not guilty for a felony by reason of mental disease or defect. 2. Conviction of a misdemeanor under circumstances that would cause a reasonable belief that the officer is dangerous, violent, or has a demonstrated propensity to violate the law. 3. Falsification of qualifications for employment as an officer. 4. Participation in criminal conduct that was uncharged. The notification shall occur within 30 days of the imposition of the discipline. If an officer resigns or retires during an administrative investigation of any of the above grounds for discipline, the Chief of Police or the authorized designee shall notify the LETB within 30 days of the resignation or retirement (I.C. § 5-2-1-12.5)._ Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Personnel Complaints-9 Published with permission by Jeffersonville Police Department 4/25/2023 3:44:21 PM Compare Results Old File: ,'. r Personnel_Records.pdf s.r_ Personnel_Records (1).pdf 4 pages (15 KB) 4 pages (15 KB) Total Changes Content Styling and Annotations 9 4 Replacements o lin 5 Styg Insertions o Annotations 0 Text only comparison Deletions Go to First Change (page 1) file://NOURLPrOvided[4/25/2023 3:44:21 PM] Policy Jeffersonville Police Department 1015 Policy Manual 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved ***DRAFT*** Personnel Records- 1 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personnel Records 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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved. ***DRAFT*** Personnel Records-2 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personnel Records (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. 1015.8.2 REQUESTS FROM OUTSIDE AGENCIES The Custodian of Records shall timely comply with requests from hiring law enforcement agencies for information regarding a current or former member, including employment files and disciplinary records (I.C. § 36-8-2-2). 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: Copyright Lexipol,LLC 2023/04/25,All Rights Reserved ***DRAFT*** Personnel Records-3 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personnel Records (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. (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. Copyright Lexipol,LLC 2023/04/25,All Rights Reserved ***DRAFT*** Personnel Records-4 Published with permission by Jeffersonville Police Department 4/26/2023 9:34:09 AM Compare Results Old File' Overtime_Compensation.pdf . _ Overtime_Compensation (1).pdf 3 pages (11 KB) 3 pages (11 KB) Total Changes Content Styling and Annotations 1 4 8 Replacements o 5 Styling Insertions o 1 Annotations Text only comparison Deletion Go to First Change (page 1) file://NoURLProvided[4/26/2023 9:34:09 AM] Policy Jeffersonville Police Department 1 022 Policy Manual 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, or more than an average of 48 hours per week in one year, except in the case of a public emergency (I.C. § 36-8-4-8). (d) 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. Copyright Lexipol,LLC 2023/04/26,All Rights Reserved. ***DRAFT*** Overtime Compensation-1 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manua Overtime Compensation (e) 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 initiate an investigation consistent with the Personnel Complaints Policy. (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. 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 Copyright Lexipol,LLC 2023/04/26,All Rights Reserved. ***DRAFT*** Overtime Compensation-2 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Overtime Compensation 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). Copyright Lexipol,LLC 2023/04/26,All Rights Reserved. ***DRAFT*** Overtime Compensation-3 Published with permission by Jeffersonville Police Department Policy Jeffersonville Police Department 1 025 Policy Manual 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 uniformed field assignment, hairstyles for female department members must-not extcnd below the bottom cdge of-a-uniform or dress-shirt-eol-la -while-assuming a norm's should not extend beyond the bottom of the officer's shoulder blades. Hair longer in length will be worn in a ponytail or bun. Hair should also not be so free flowing it falls forward toward the facial area of the officer, or cover the front of the uniform of the officer. Copyright Lexipol,LLC 2023/12/13,All Rights Reserved ***DRAFT*** Personal Appearance Standards- 1 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personal Appearance Standards Female hairstyle is traditionally longer than that of males. While longer hair length is permissible within the boundaries of the stated guidelines, female personnel should remain cognizant of the potential hazards associated with longer hair, including but not limited to the fact long hair provides a "handle"for suspects to use against the officer during a physical altercation. 1025.3.3 SIDEBURNS Sideburns shall not extend below the bottom of the outer ear opening (the top of the earlobes) and shall be trimmed and neat. 1025.3.4 FACIAL HAIR the- Officers shall be permitted to maintain the following approved styles: (a) Clean Shaven- No facial hair. (b) Mustache- Hair below the nose and above the upper lip. 1. Shall be trimmed and not extend below the upper line of the upper lip. 2. If worn alone, may not extend below the corners of the mouth. 3. Extreme styles, such as but not limited to handlebar mustaches, are prohibited. (c) Goatee- a mustache that extends down around the side of the mouth and joins with hair on the chin, also referred to as a circle beard. 1. Shall be worn with an attached mustache. 2. The cheeks,jaw line, and neck shall be clean shaven. (d) Natural Beard- also referred to as a full set. 1. Shall be worn with an attached mustache. 2. Shall cover the jaw line. 3. Cheeks shall be shaved on and above the cheekbone. 4. The neck shall be shaven on and below the Adam's apple. (e) The following styles of facial hair are NOT permitted: 1. Chin Strap Beards- Beards that are trimmed to a thin line along the jaw. 2. Patchy Beards- Beards of uneven or patchy growth 3. Beards Taking Excessive Time to Grow-If after(2)weeks of growth,the beard remains patchy. 4. Designer Stubble- Beards shorter than 1/16 of an inch. (f) All facial hair shall conform to the following restrictions: 1. The distance the mass of facial hair protrudes from the skin of the face shall not exceed 1%of an inch. Copyright Lexipol,LLC 2023/12/13,All Rights Reserved. ***DRAFT`** Personal Appearance Standards-2 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personal Appearance Standards 2. No portion of the beard shall be exceptionally longer than the rest. 3. No designs may be shaven into the facial hair. 4. Facial hair must be neatly sculpted and trimmed at all times. 5. Officers shall not claim a constant state of growth, only to avoid shaving on a regular basis. 6. Officers in assignments where the frequent use of a negative pressure respirator is used, will only be permitted to maintain a style of approved facial hair that does not come into contact with the seal. (g) Supervisors Shall: (a) Ensure officers conform to an approved style of facial hair. (b) Retain final approval and judgment on whether facial hair is acceptable in appearance. (h) Special Details/Details 1. The Chief of Police, or their designee, reserves the right to require all officers to be clean shaven for special details, including but not limited to funerals, awards banquets, Honor Guard details, etc. (i) Policy Violations 1. Any officer who fails to follow this policy,or violates any portion of this policy,will receive a documented disciplinary counseling on their first offense. The result of a second violation of this policy is a written reprimand and a(1)year suspension in the privilege of wearing facial hair. If an additional violation of policy occurs, the officer will receive a written reprimand and will no longer be allowed to wear facial hair. 1025.3.5 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 rings, 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. (a) Necklaces shall not be visible above the shirt collar. (b) Earrings shall be small and worn only in or on the earlobe. (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 Copyright Lexipol,LLC 2023/12/13,All Rights Reserved. ***DRAFT*** Personal Appearance Standards-3 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personal Appearance Standards 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 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. Copyright Lexipol,LLC 2023/12/13,AU Rights Reserved. ***DRAFT*** Personal Appearance Standards-4 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Personal Appearance Standards 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. 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. Copyright Lexipol,LLC 2023/12/13,All Rights Reserved. ***DRAFT*** Personal Appearance Standards-5 Published with permission by Jeffersonville Police Department 11/27/2023 12:28:29 PM Compare Results Old File F Temporary_Modified-Duty_Assignments Temporary_Modified-Duty_Assignments OLD.pdf versus NEW.pdf 4 pages (15 KB) 3 pages (14 KB) 11/27/2023 9:54:58 AM 11/27/2023 9:54:36 AM Total Changes Content Styling and Annotations 1 6 10 Replacements O 3 Styling Insertions O 3 Annotations Text only comparison Deletions Go to First Change (page 1) file://NoURLProvidedtl 1/27/2023 12:28:29 PM] Policy Jeffersonville Police Department 1 029 Policy Manual 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 terminated prior to 70 days if, within the officer's physicians' opinion and within a reasonable medical certainty the officer will 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. gopyright Lexipol,LLC 2023/11/27,All Rights Reserved. ***DRAFT*" Temporary Modified-Duty Assignments-1 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Temporary Modified-Duty Assignments Employees seeking a temporary modified-duty assignment should submit a written request to their Assistant Chiefs 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 Assistant Chief 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 Assistant Chief, 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 Assistant Chief. 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 Assistant Chief that contains a status update and anticipated date of return to full-duty when a temporary modified-duty assignment extends beyond 60 days. gopyright Lexipol,LLC 2023/11/27,An Rights Reserved. ***DRAFT*** Temporary Modified-Duty Assignments-2 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Temporary Modified-Duty Assignments 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 Assistant Chief of the status and performance of employees assigned to temporary modified duty. (b) Notifying the Assistant Chief 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. gopyright Lexipol,LLC 2023/11/27,All Rights Reserved. ***DRAFT*** Temporary Modified-Duty Assignments-3 Published with permission by Jeffersonville Police Department Policy Jeffersonville Police Department 1 035 Policy Manual Officer Wellness Unit 1035.1 PURPOSE The purpose of this policy is to establish the Officer Wellness Unit (OWU)within the Jeffersonville Police Department. 1035.2 POLICY It is the policy of the Jeffersonville Police Department that the Officer Wellness Unit (OWU) be established in recognition of the fact that physical, mental, and emotional wellness is vital to its officers and their families, and essential to the mission of the Department. 1035.3 PROCEDURE A. Unit Goals 1. Identify and enhance existing wellness resources. 2. Develop and provide wellness education 3. Collaborate with the academic institutions on innovative Law Enforcement studies. 4. Develop partnerships with health and wellness providers. 5. Stay abreast of wellness program best-practices through research. 6. Develop and administer a fitness and preventative health incentive program. 1035.4 SERVICE A. The services provided by the OWU will be as follows: 1. Resource Identification: Finding existing or needed resources which best fit an employee's needs,whether an answer to a personal or professional issue. Continually seek out new resources to offer employees. 2. Check on employees: Calling an employee coworkers are concerned about, but they may not feel comfortable calling. Introduce available services, provide aid when applicable while keeping requests completely confidential. 3. Provide educational seminars and workshops: Workshops and training seminars will be coordinated and facilitated around the issues that are important to employee health and well- being. 4. Share important law enforcement studies and collaborate with academic institutions willing to partner on studies important to members of the department. Copyright Lexipol,LLC 2023/12/13,All Rights Reserved ***DRAFT*** Officer Wellness Unit- 1 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Officer Wellness Unit 1035.5 CONFIDENTIALITY A. The acceptance and success of the Jeffersonville Police Department OWU will be determined, in part, by the observance of confidentiality. It is imperative the strictest confidentiality of all information learned about an individual be maintained, with the guidelines of the program. B. Communication between OWU personnel and a peer is considered confidential except for matters that involve the following, and/or as is reflecting in IC 36-8-2.5-2: 1. Danger to oneself. 2. Danger to others. 3. Suspected child abuse. 4. Suspected domestic abuse. 5. Factual elder abuse. 1035.6 UNIT DUTIES AND RESPONSIBILITIES A. Oversight and support of the Peer Support Program 1. The Commanding Officer of the OWU will be responsible for oversight and support of all activities associated with the Peer Support Unit. B. Civilian Resilience Training 1. Civilian employees of the Jeffersonville Police Department will be provided annual training in employee well-being coordinated by the Wellness Unit and facilitated by the Training Division. C. Advanced Officer Training 1.The OWU will assist in developing shareable information in the areas of police suicide, risky and ineffective coping behaviors, anger management, substance abuse, physical and spiritual fitness, and a variety of other issues. D. Help Resource Training 1.The OWU will assist in the development of training sessions to all Department help resource members, including but not limited to peer support personnel, peer support members and the chaplains. E. Wellness Newsletter 1. A newsletter will be published featuring wellness topics and current organization and occupational trends. The newsletter will include links to resources within and outside of the organization, as well as profiles of the chaplains, peer support personnel, and peer support members. Copyright Lexipol,LLC 2023/12/13,All Rights Reserved. ***DRAFT*** Officer Wellness Unit-2 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Officer Wellness Unit 1035.7 PROVISIONS A. Recaps (a) Members of the unit keep a monthly recap of all contacts made for statistical purposes. Minimal demographic information and issue type are gathered to assist the unit in addressing themes for future training and outreach. Names and/or identification numbers are not kept or written anywhere. (b) The OWU will fall under the Administrative Division and report to The Deputy Chief. Copyright Lexipol,LLC 2023/12/13,All Rights Reserved. ***DRAFT*** Officer Wellness Unit-3 Published with permission by Jeffersonville Police Department