Memo: Response to APD’s November 2021 Changes to the General Orders

OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
FOUNDED
1839
COMPLAINT HOTLINE: 512-972-20PO
September 22, 2022
Joseph Chacon, Chief of Police
Austin Police Department
715 E. 8th Street
Austin, TX 78701
RE: Response to APD's November 2021 Changes to the General Orders
Dear Chief Chacon:
I am writing to provide feedback and preliminary recommendations on some of the policy changes made by APD in
November 2021. The specific policies discussed in this memo are as follows:
Recommendations for improvement
Acknowledgment of improvements made
317 Handling Juveniles
208.7.1 Proper Maintenance (TASER
445 Mental Health Response
Devices)
801.4 Required and Authorized Uniform
803.3.6 Personally Owned Rifles
Raiments
Going forward, we invite APD to collaborate on developing processes to incorporate community input into future
policy changes. We look forward to addressing the issues identified and improving these policies for the benefit of
the community and APD's sworn personnel.
Sincerely,
1839
Sylvia Hardman
Sylvia Hardman, Acting Director
Enclosures: (5)
APD redlined edits to 208.7.1 Proper Maintenance (TASER Devices)
APD redlined edits to 317 Handling Juveniles
APD redlined edits to 445 Mental Health Response
APD redlined edits to 801.4 Required and Authorized Uniform Raiments
APD redlined edits to 803.3.6 Personally Owned Rifles
1
CITY OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
COUNDED
COMPLAINT HOTLINE: 512-972-20PO
Acknowledgment of Improvements Made
208.7.1 Proper Maintenance (TASER Devices)
OPO agrees with the approved changes to this policy. The changes improve the policy in the following ways:
Requiring, rather than advising, that officers report defective equipment to a supervisor;
Requiring that officers immediately report the defect; and
Requiring that officers immediately email a description of the problem to the Learned Skills Unit.
These changes align with recommendations and objections made by OPO in June 2021.
803.3.6 Personally Owned Rifles
OPO agrees with the approved changes to this policy. The changes improve the policy by creating an objective
standard by which to enforce the policy. Rather than hinging on whether markings are "offensive," the policy now
simply requires that officers have no markings, stickers, or engravings on personally owned weapons that they use
while on duty. Additionally, it provides appropriate exceptions for things like manufacturer identifiers (i.e., serial
numbers and model numbers), employee initials, and employee numbers.
As discussed later in this memo, APD should make similar changes to Section 801.4.9 Tie Tacks, Tie Bars, and Pins.
Recommendations for Improvement
317 Handling Juveniles
The terms "child" and "juvenile" should be used according to the state law definitions.
Section 51.02(2) of the Texas Family Code defines the term "child." Under the state law definition, a child is
NDED
"a person who is: (A) ten years of age or older and under 17 years of age; or (B) seventeen
years of age or older and under 18 years of age who is alleged or found to have engaged
in delinquent conduct or conduct indicating a need for supervision as a result of acts
committed before becoming 17 years of age."1
APD's approved changes use the state law definition of "child" to define the term "juvenile."
The Texas Family Code, which houses the Juvenile Justice Code, defines the terms "child" and "juvenile offender,"
but not the term "juvenile." Under Section 58.101(6), a "juvenile offender" is defined as "a child who has been
1 Tex. Fam. Code Ann. § 51.02
2
OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20PO
assigned an incident number."2 Both plain-language and legal definitions of "juvenile" generally link the term to the
criminal justice system and persons accused of committing a criminal offense. The Texas Family Code appears to
acknowledge this by separately defining the term "child" and only using the term "juvenile" when specifically
discussing juvenile offenders.
General Order 317, like the Texas Family Code, addresses criminal and non-criminal matters impacting children.
Recommendations:
Provisions discussing an individual between 10 and 17 (or between 17 and 18 in some cases) who has not been
assigned an incident should refer to that individual as a "child." Provisions discussing a "child" who has been assigned
an incident number could then refer to the child as a "juvenile offender."
The General Orders should specify age limitations that vary by situation and classifications of offenses that vary by
age.
In
the November 2021 changes to the definition of "child/juvenile," APD adds a statement acknowledging that
classifications of offenses vary by age and age limitations vary by situation. However, more information is needed to
clarify the situations or offenses that vary by age.
Recommendations:
The General Orders should, when applicable, break down classifications of offenses and situational age limitations
by age group.
The General Orders should include guidance for children under 10 years of age.
The approved definition of "child/juvenile" is limited to individuals between the ages of 10 and 17 (or between 17
and 18 in some cases). There is no guidance included in the General Orders for handling children under 10 years of
age.
Recommendations:
The General Orders should include guidance for interactions with children under the age of 10.
The General Orders should include guidance for verifying age.
The General Orders and state law require different treatment of juveniles and children depending on age. Children
develop at different rates, which means a child may seem much older or much younger than their actual age. This
makes age verification important to handling children.
2 Tex. Fam. Code Ann. § 58.101(6)
3 See, e.g., "Juvenile." Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-
webster.com/dictionary/juvenile. Accessed 4 Apr. 2022; see also 18 U.S.C. § 5031.
3
OF
ALUMIN
P.O. BOX 1088, AUSTIN, TEXAS 78767
GIVE
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20PO
Recommendations:
The General Orders should provide officers with guidance for identifying the age of the child(ren) with whom they
interact.
There should be more specific guidance about taking juveniles into custody.
The General Orders include language from the Texas Family Code about taking a juvenile into custody, but nothing
more.
Recommendations:
The General Orders would benefit from more specific guidance and examples regarding situations that warrant
taking a juvenile into custody.
F
Officers should be required to contact their Sector Detective Unit regarding probable cause, type of charges, and
disposition of the juvenile when taking a juvenile into custody.
General Order 317.2.1(e) encourages officers to contact their Sector Detective Unit for advice regarding questions
of probable cause, charges, disposition of the juvenile, and any other assistance needed when taking a juvenile into
custody.
The Houston Police Department requires, rather than encourages, officers to contact and follow the guidance of a
Juvenile Division supervisor when there is any question concerning the appropriate disposition of a juvenile. 4 The
Houston Police Department also requires officers to document this action in an incident report.
5
Recommendations:
The APD General Orders should similarly require officers to seek guidance from their Sector Detective Unit. The
General Orders directs officers to align their actions with the ideals of Title 3 of the Texas Family Code, including the
ideal of removing, when possible, the taint of criminality from juveniles. Adding this layer of review will aid in
achieving this ideal.
Additionally, officers who contact their Sector Detective Unit should be given specific directives about how to
document this contact. In particular, the General Orders should outline requirements for officers to document the
contact in an incident report with the detective's identifying information, information the detective provided, and
other relevant details.
The General Orders should expand the situations in which juveniles receive emergency medical treatment.
Currently, APD General Order 317.2.2 Emergency Medical Treatment provides that juveniles taken into custody
should be seen by EMS or transported to a medical facility if the juvenile is "believed to suffer from a serious physical
condition or illness and requires prompt treatment."
4
Houston Police Department, "500-06(9) Questions," Houston Police Department General Orders: 4, updated 3 Apr. 2017,
https://www.houstontx.gov/police/general orders/500/500-06%20Disposition%20of%20Arrested%20Juveniles.pdf
5 Houston Police Department, "500-06(9) Questions."
4
OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 I TTY: 711 | FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20PO
Recommendations:
The General Orders should be revised to expand the situations in which juveniles receive emergency medical
treatment. In particular, officers should ensure that juveniles also receive emergency medical treatment when they
request it or complain of pain or injury during any contact with law enforcement. In other words, the General Orders
should cover situations where a juvenile cannot or does not communicate a need for EMS, but officers believe that
they need care, as well as those situations in which a juvenile communicates a need for care, regardless of the
officer's beliefs.
The General Orders should also be revised to ensure that this policy aligns with recently enacted state legislation,
specifically SB 2212 related to a peace officer's duty to request and render aid. 6
The General Orders should provide guidance for handling invasive searches of juveniles.
The General Orders discuss strip searches and body cavity searches generally, but they provide no guidance for how
officers should handle these invasive searches of juveniles. The November 2021 changes do not address this issue.
Strip searches and body cavity searches have been shown to cause trauma that can have a lifelong impact on an
adolescent's developing mind. The American Bar Association recently adopted a resolution regarding invasive
searches of juveniles. 8 This resolution recommends an outright ban on body cavity searches.
APD General Order Section 306.11.2 covers body cavity searches and currently allows officers to check an individual's
mouth area; officers are not otherwise permitted to conduct body cavity searches. Instead, if officers believe a cavity
search is necessary, "the prisoner will be transported to the jail where proper hygienic/medical resources are
available. Only jail personnel will conduct the cavity search." 10
The American Bar Association's resolution also calls for policies at all levels of government that prohibit strip searches
of juveniles except in exceptional circumstances. 11 The resolution advises that strip searches be banned except
when all the following conditions are met:
(1) when the child or youth is in custody;
(2) when there is reasonable suspicion that the child or youth possesses or has had immediate access to an
implement that poses a threat of imminent bodily harm to themselves or others;
6 Senate Bill 2212, 87th Legislature, Regular Session, 2021, accessed August 31, 2022,
https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB02212F.pdf#navpanes=0.
7 9 Emily J. Nelson, Custodial Strip Searches of Juveniles: How Safford Informs a New Two-Tiered Standard
of Review, 52 B.C.L. REV. 339, 361 (2011) (citing Erica J. Adams, Healing Invisible Wounds: Why Investing
in Trauma-Informed Care for Children Makes Sense, JUST. POL'Y INST. 1, 2 (2010),
www.justicepolicy.org/images/upload/10-07_REP_HealingInvisibleWounds_JJ-PS.pdf)
8
"Resolution 111B," American Bar Association, August 2020,
https://www.americanbar.org/content/dam/aba/directories/policy/annual-2020/111b-annual-2020.pdf.
9 Resolution 111B.
10
Austin Police Department, "Section 306.11.2 Body Cavity Searches," Austin Police Department General Orders, accessed
August 31, 2022, https://www.austintexas.gov/page/apd-general-orders.
11 Resolution 111B.
5
OF
CITY
STUDENT
P.O. BOX 1088, AUSTIN, TEXAS 78767
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 TTY: 711 | FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20PO
(3) after all other less intrusive methods of discovering and removing the implement have been exhausted,
including the use of alternative search techniques that can be performed while the child or youth is fully
clothed; and
(4) after the child or youth has been given notice, in a manner that is consistent with the child's or youth's
primary language and developmental stage, and that takes into account accommodations for disability, that
they will be searched and that they have the opportunity to reveal any implement they are carrying instead
of being searched. 12
Recommendations:
OPO recommends a categorical ban on body cavity searches of juveniles.
OPO also recommends that APD adopt a policy that specifically speaks to protocols for invasive searches of juveniles,
and that the policy be consistent with the above recommendation from the American Bar Association.
Additionally, APD does not have a unit that specializes in handling juveniles. Both the Houston Police Department
and the Dallas Police Department have specialized units that can be called for incidents involving juveniles.¹ The
Dallas Police Department prohibits regular patrol officers from performing any strip or body cavity searches of a
juvenile. 14 Instead, Dallas's policy requires officers to contact a specialized unit to handle any situation in which an
officer feels a strip or body cavity search is needed. 15 APD would benefit from creating a specialized unit to handle
sensitive issues involving juveniles, including when an officer believes a strip search of a juvenile is needed.
The General Orders should provide more guidance for when parents should receive advance notice that their child
will be interviewed or interrogated.
General Order 317.5.2(c) states that parents should, "when reasonable," be given advance notice that their juvenile
will be interviewed or interrogated. More guidance is needed to clarify situations that qualify as "reasonable" such
that parents must be given advance notice.
The General Orders should provide further guidance for assessing whether a juvenile is "too young or mentally
incompetent to render a decision" such that the caregivers should be present during an interview.
General Order 317.5.3(c) states parents or guardians should be present during interviews when a juvenile is "too
young or mentally incompetent to render a decision." This policy provides officers with no guidance or examples for
making this determination. The General Orders would benefit from adding specific guidance to assist officers in
determining when an interview requires the presence of a parent or guardian.
12 Resolution 111B.
13 Dallas Police Department, "314.08(B) Searching of Juvenile Prisoners," Dallas Police Department General Orders, updated 4
Oct. 2019,https://dallaspolice.net/resources/Shared%20Documents/General-Orders.pdf;Houston Police Department, "500-
06 Disposition of Arrested Juveniles."
14 Dallas Police Department, "314.08(B) Searching of Juvenile Prisoners."
15 Dallas Police Department, "314.08(B) Searching of Juvenile Prisoners."
6
OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20PO
445 Mental Health Response
On June 14, 2021, OPO made six recommendations to APD's proposed changes to General Order 445 Mental Health
Response. APD sent the final approved changes to OPO on November 2, 2021.
APD incorporated three of OPO's recommendations
1.
De-escalation - APD added a provision to General Order 445.3 requiring officers to use de-escalation tactics
while waiting for a CIT officer or the CIT Unit to respond to a scene.
2. Documentation - APD added language to the approved version of General Order 445 that requires officers
to document attempts to contact Integral Care (Travis County transports) or Bluebonnet Community
Services (Williamson County transports).
3. Wording - APD revised 445.4.2(b)(1)(b)(3) to stop referring to a detained person as "the Emergency
Detention."
Recommendations:
OPO recommends that APD to incorporate the remainder of OPO's original recommendations, including the
following:
1. Incorporate feedback from the town hall event, "Town Hall on Public Safety: People with Disabilities and
Policing," hosted by OPO, the Mayor's Office, the Equity Office, and the Mayor's Committee for People with
Disabilities. Feedback covered topics including, but not limited to, APD's policies on secondary transports.
2. Revise General Order 445.3 to clarify that requests for a "mental health officer" qualify as "mental health
requests" for assistance, which would require patrol officers to refer individuals to an on-duty CIT officer,
the CIT Unit, or EMCOT. While every APD officer receives training related to interacting with individuals
experiencing a mental health crisis CIT officers have completed a TCOLE prescribed course specific to mental
health crisis situations. This change will make it clear that requests for a "mental health officer" should be
transferred to a CIT certified officer or referred to EMCOT rather than patrol officers handling the call
themselves.
3.
Revise General Order 445.3(b) to outline the factors that officers should consider in determining whether
EMCOT will be called the scene. The approved revisions state that an EMCOT employee will be called to the
scene to assist when deemed necessary by an officer or the CIT Unit but offers no further guidance.
801.4 Required and Authorized Uniform Raiments
In November 2021, APD added Section 801.4.9(b) to address rules surrounding the tie tacks, bars, and pins that may
be worn with APD uniforms. It prohibits officers from wearing "any tie tack or other pin making a political statement,
or displaying any offensive design, logo, or wording." As is, this policy language is subjective and, as a result, would
likely be difficult to apply consistently.
7
OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
CHILL
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 I FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20PO
Recommendations:
While OPO agrees that restrictions should exist regarding officer attire, OPO recommends that APD use
unambiguous, objective language to create those restrictions.
APD's November 2021 changes to Section 803.3.6 Personally Owned Rifles did just that. Section 803.3.6 originally
prohibited officers from placing "offensive markings" on personally owned rifles carried while on duty. In November
2021, the policy was revised to prohibit officers from placing any "marking(s), sticker(s), engraving(s), etc." on
personally owned rifles "with the exception of the manufacturer identifiers and an employee's initials or employee
number." Changes like this, which use unambiguous objective language, allow for consistent application and make
it easier for officers to understand what is being asked of them.
208 TASER Device Guidelines
208.7 FUNCTIONALITY CHECK
208.7.1 PROPER MAINTENANCE
Officers shall be responsible for ensuring that their issued TASER device is properly maintained and in
good working order. If a defect is found, the officer should shall immediately:
(a) Report such to their supervisor, and.
(b) Email a description of the problem to the Learned Skills Unit at
APDlearnedskillsunit@austintexas.gov
317 Handling Juveniles
317.1 PURPOSE AND SCOPE
The purpose of this order is to provide guidance and direction for processing and handling juveniles
offenders within APD's jurisdiction. Texas law affords Jjuveniles are afforded equal protection under
the
law; however, there are differences in the manner in which juveniles are handled under Texas law.
Employees are responsible for participating with and supporting the ideals set forth in Title 3 of the
Texas Family Code. These provisions are:
(a) To provide for the protection of the public, and public safety.
(b)
Consistent with the protection of the public and public safety:
1.
To promote the concept of punishment for criminal acts; and
2.
To remove, when appropriate, the taint of criminality from childrenjuveniles committing
certain unlawful acts; and
3.
To provide treatment, training, and rehabilitation that emphasizes the accountability and
responsibility of both the parent and the child for the childjuvenile's conduct.
(c)
To provide for the care, the protection, and the wholesome moral, mental, and physical
development of childrenjuveniles coming within its provisions.
(d)
To achieve these purposes in a family environment whenever possible, separating the
childjuvenile from the childjuvenile's parent only when necessary for the childjuvenile's welfare or
in the interest of public safety and, when the childjuvenile is removed from the childjuvenile's
family, to give the childi juvenile the care that should be provided by parents.
(e)
To provide a simple judicial procedure through which the provisions of this title are executed and
enforced and in which the parties are assured a fair hearing and their constitutional and other
legal rights recognized and enforced.
317.1.1 DEFINITIONS
Child/Juvenile: a person who is (Tex. Fam. Code § 51.02(2)):
The ages of juveniles who come within various classifications of offenses may vary in each
instance. Note carefully the age limitations in each situation as set forth by law.
(a)
10 years of age or older and under 17 years of age, or
(b)
17 years of age or older and under 18 years of age who is alleged or found to have engaged in
delinquent conduct or conduct indicating a need for supervision as a result of acts committed
before becoming 17 years of age.
The
ages
of
children
who
come
within
various
classifications
of
offenses
may
vary
in
each
instance. Note carefully the age limitations in each situation as set forth by law.
Conduct Indicating a Need For Supervision: Conduct, other than a traffic offense, that is punishable
by a fine only or would not be a criminal offense if committed by an adult (e.g., runaway, curfew
violation). (Tex. Fam. Code § 51.03 (b))
Custody: A juvenile is considered "in custody" when they would be considered "under arrest" if the
childjuvenile was an adult.
Delinquent Conduct: Conduct, other than a traffic offense, that if committed by an adult is punishable
by imprisonment or confinement in jail. (Tex. Fam. Code § 51.03 (a))
Detention: A detention situation exists when an officer detains a childjuvenile for a short period for
investigative purposes.
Status Offender: Generally, a childjuvenile who is accused, adjudicated, or convicted for conduct that
would not, under state law, be a crime if committed by an adult. (Tex. Fam. Code § 51.02(15))
317.1.2 CONFIDENTIALITY
The confidentiality of names of juveniles and their records is mandated by state law. The following
guidelines will be strictly followed:
(a) The names of juvenile offenders will not be released to the news media or any other person not
involved in the judicial or diversion process.
(b)
A juvenile defendant or juvenile suspect shall not be named in any public document, including an
affidavit for an arrest warrant involving an adult co-defendant or in an affidavit for a search
warrant. However, there may be times when an investigator believes that naming a juvenile in
the affidavit is essential. In those cases, an assistant district attorney assigned to juvenile court
should be contacted in order that alternatives (other than naming the juvenile) can be explored.
(c)
Information on juveniles collected during the course of business may be released/ disseminated
under the following circumstances:
1.
Information required to be collected for the "juvenile justice information system" will be
forwarded to the Department of Public Safety (DPS);
2.
Information compiled during investigation of a criminal combination may be released to
other criminal justice agencies or any court having jurisdiction over a childjuvenile;
3.
Information concerning missing childrenjuveniles may be entered into NCIC; and
4.
Information concerning childrenjuveniles adjudicated of sexual offenses and required to
register with the Department as sex offenders will be forwarded to DPS.
(d) Physical files and records concerning juveniles shall not be open to public inspection, and shall
be open to inspection only by a juvenile justice agency or criminal justice agency.
(e)
If an investigator believes obtaining a warrant for the arrest of a juvenile offender is necessary
the investigator will present the probable cause affidavit and arrest warrant to a magistrate for
approval and signature.
1.
The municipal court clerk currently issues the warrant a "J" number but will not retain the
affidavit or warrant on file.
2.
The investigator will provide the original arrest affidavit and warrant to the Warrant Office to
be entered. The original warrant and affidavit will be retained by the Warrant Office until the
juvenile is taken into custody.
3.
Upon apprehension of the juvenile the original affidavit and warrant will be forwarded to
Gardner-Betts. Copies of the affidavit and warrant will be retained in the investigative file.
(f)
An affidavit for a search warrant on a juvenile offender should be submitted to a juvenile court
judge to obtain the search warrant. Record of the search warrant will be retained by the juvenile
court.
(g)
All juvenile arrest files and records, when not in use, shall be secured. Under no circumstances
will juvenile arrest records be mingled with adult records.
317.2 CUSTODY OF JUVENILES
317.2.1 TAKING A JUVENILE INTO CUSTODY
(a) Section 52.01 of the Texas Family Code states that a childjuvenile may be taken into custody:
1.
Pursuant to an order of the Juvenile Court.
2.
Pursuant to the laws of arrest.
3.
By a law enforcement officer, if there is probable cause to believe that the childjuvenile was
engaged in:
(a)
Conduct that violates a penal law of this state or a penal ordinance of any political
subdivision of this state; or
(b)
Delinquent conduct or conduct indicating a need for supervision; or.
(c)
Conduct violating a condition of probation imposed by the juvenile court.
4.
By a probation officer if there is probable cause to believe that the childjuvenile has violated
a condition of probation imposed by the juvenile court.
5.
Pursuant to a directive to apprehend issued by a juvenile court.
(b)
In place of taking a childjuvenile into custody, state law allows a peace officer to issue a field
release citation for a traffic offense or an offense, other than public intoxication or possession of
marijuana, punishable by fine only.
(c)
State law does not require that a warrant be issued to take a childjuvenile into custody for a past
offense, as long as there is probable cause to believe that the childjuvenile committed the
offense. In making warrantless arrests, patrol officers will follow the direction of an investigative
unit and/or their supervisor.
(d)
Officers will apply the same probable cause standard for juveniles as that used for adult
offenders.
(e) Officers are encouraged to contact their Sector Detective Unit for advice regarding the probable
cause for arrest, the type of charge, disposition of the juvenile, or to provide any other assistance
needed.
317.2.2 EMERGENCY MEDICAL TREATMENT
ChildrenJuvenile taken into custody that are believed to suffer from a serious physical condition or
illness and requires prompt treatment should be seen by EMS and/or transported to a medical facility.
317.2.3 REQUIRED PARENT NOTIFICATION
In contrast to detention situations, the law requires that a childjuvenile's parent/guardian be promptly
notified when the childjuvenile is in police custody.
(a)
If a childjuvenile is taken to a Juvenile Detention Facility, intake personnel will typically make the
parent notification. However, at times, they may need assistance from APD when a
parent/guardian cannot be contacted by phone. In that case, intake personnel may request that
APD attempt to contact the parents in person by calling Communications.
(b)
In
the event that a childjuvenile taken into custody is brought directly to an APD facility to be
interviewed, it is the responsibility of the arresting officer to make parent/guardian notification or
coordinate that notification with the appropriate investigator.
(c) Officers shall indicate on the juvenile facility booking form and in an incident report information
regarding contact with the juvenile's parent/guardian.
317.2.4 SEPARATION REQUIREMENTS
Juveniles shall not be transported in the same vehicle with adults who are suspected of or charged with
criminal acts. Juveniles shall be separated at any and all times by sight and sound from adults detained
in the same building. Separation requires that adults and juveniles in detention are unable to see each
other or to converse (Tex. Fam. Code § 51.12).
317.2.5 RELEASING A JUVENILE FROM CUSTODY
(a) When releasing a juvenile from custody, officers should take reasonable steps to release him to
histhe juvenile to their custodial parent or guardian.
(b)
If a custodial parent or guardian is not available and officers need to release the juvenile to
someone else, the following guidelines shall be followed:
1.
Run a check for any protective order regarding the adult with whom placement of the
juvenile is being considered.
2.
Complete warrant and criminal history checks to ensure the juvenile is not being placed with
a wanted or dangerous felon.
3.
Contact Child Protective Services' Law Enforcement Number (the number is available
through APD Communications) and request a CAPS (Child/Adult Protective Services) check
be done to ensure the juvenile is being placed in a safe environment with no abuse history
through CPS. The CPS worker answering the phone will need the following information on
the person with whom you want to place the childjuvenile:
(a) Name, address, and any other pertinent identifying information.
(b)
The CPS worker will ask you for a phone number to call in order to verify your identity
and provide any history on the subject. Officers shall provide the phone number for the
Communications supervisor. (This process should take approximately 10 minutes).
(c)
Fully identify the person with whom the juvenile is being placed and any CPS related information
in the incident report.
317.3 JUVENILE DISPOSITIONS AND REQUIRED DOCUMENTATION
An officer who has detained or arrested a child for conduct indicating a need for supervision, delinquent
conduct, or a traffic offense will use the following guidelines for disposition of the child.
The
paperwork and procedures for taking custody of a juvenile varies depending on the type of
conduct.
317.3.1 CONDUCT INDICATING A NEED FOR SUPERVISIONCLASS C MISDEMEANORS
(a)
Class C Misdemeanors: are punishable by fine only and fall under the jurisdiction of Municipal
Court. Juveniles who commit Class C Misdemeanors shall be issuedreceive citations.
317.3.2 CONDUCT INDICATING A NEED FOR SUPERVISION
(b)
Child in need of supervision: Officers encountering juveniles who are not violating any
criminal law, but who are in potentially hazardous situations, should be familiar with Family Code
section 262.110. This law permits a law enforcement officer to take temporary custody of a childjuvenile
without a court order if the officer finds the childjuvenile in a situation that poses a danger to the
childjuvenile's physical health or safety. The officer may take custody of the childjuvenile under the law
when the sole purpose is to deliver the childjuvenile without unnecessary delay to the childjuvenile's
parent, guardian, caretaker, or custodian who is entitled to possession of the childjuvenile.
1.(a) Officers who take temporary custody of a childjuvenile under this provision will write a report
(Child in Need of Supervision) and specifically identifying the conditions that placed the
childjuvenile's physical health or safety at risk.
317.3.3 RUNAWAYS
(c)
Runaways: When an officer identifies a juvenile as a runaway, establishes that a juvenile is a
runaway, every attempt should be made to the officer will transport the runaway home for release to a
custodial parent or guardian, or have the custodial parent or guardian meet the officer at the scene for
release. If the officer is not able to contact a custodial parent or guardian, the officer shall follow the
guidelines for "Releasing A Juvenile From Custody" as outlined in this orderfound in General Order
317.2.5. juvenile cannot be released to an appropriate adult, the following guidelines shall be
followed:
1.
Transporting
(a)
the initial runaway report was generated by any agency within Travis County, the
juvenile shall be taken to Life Works. Any forms required by the facility shall be
completed.
(b)
the runaway report was generated by an agency outside of Travis County, the
juvenile shall be taken to Gardner-Betts. A booking sheet shall be completed.
2. Reporting
(a)
If the original report was generated by APD, a supplement shall be written to the
original report.
(b)
the original report was generated by any agency other than APD, an incident report
shall be initiated and titled "Recovered Runaway."
(a) Patrol officers must respond, in person, to all Runaway and Recovered Runaway reports for
juveniles 12 years of age and under.
(b)
Patrol officers may complete a Runaway Report, age 13 through 17, over the phone instead of
responding in person. Additionally, officers must request Communications enter the juvenile into
NCIC/TCIC.
(c)
Patrol officers may handle the first and second Recovered Runaway report for a juvenile, age 13
through 17, over the phone. On the second recovery report, the patrol officer will use the Title
Code "Repeat Recovered Runaway", if the previous recovery occurred within the past 12 months.
Officers will check Versadex to confirm the number of Recovered Runaway reports and the
timeframe; officers will not request the dispatcher confirm this information.
(d)
If the juvenile is a three-time Recovered Runaway and is not under the care of CPS/DFPS, patrol
officers must respond, in-person, in an effort to provide SafeCares/Refugee Services of Texas
(RST) resources to the juvenile or guardian; refer to section (e) below for instructions. Officers will
only offer Safe Cares/RST services once. Thereafter, patrol officers may handle subsequent
runaway and recovery reports over the phone for ages 13 through 17.
(e) When officers respond to the third runaway recovery in a 12 month period, officers shall:
1.
Assess the situation to determine if it is safe for a SafeCares/RST advocate to respond.
(a)
If the location is safe, contact SafeCares/RST via phone to request an advocate
respond and provide the advocate with any relevant information about the
juvenile/parent/guardian. There is no requirement for the officer to remain on-scene
until the advocate arrives.
(b)
If the location is not safe, provide the SafeCares/RST advocate the contact information
for the juvenile/parent/guardian for a follow-up by phone.
(c)
The officer will provide the SafeCares/RST advocate with the officer's department cell
phone number for follow up after the advocate contacts the juvenile/parent/guardian.
2.
Notify the legal guardian that an advocate from Safe Cares/RST will contact them, via phone
or in person, usually within 90 minutes, to discuss additional resources options.
3.
After the Safe Cares/RST advocate contacts the legal guardian/juvenile, the advocate will
call and update the reporting officer.
(f)
Report Creation and Notation of SafeCares/RST Advocate Response.
1.
If APD generated the original report, officers shall write a supplement to the original report,
and add the report title "Recovered Runaway-Safe Cares/RST Contact."
(a) Officer shall notate in the report whether the parent/guardian accepted or refused Safe
Cares/RST Contact.
2.
If another agency generated the original report, officers shall write a report titled, "Repeat
Recovered Runaway".
(a) Officers shall notate in the report whether the parent/guardian accepted or refused Safe
Cares/RST Contact.
3.
Request Communications remove the juvenile from TCIC/NCIC.
4. If necessary, transport and release the juvenile according to section 317.2.5 of this order.
(g)
When officers encounter a runaway during normal duties, officers shall:
1.
Determine if the juvenile meets the criteria of a Repeat Recovered Runaway. If so, follow the
guidelines of section (e) listed above.
2.
Determine if there is any information suggesting human trafficking. If so, the officer will
contact a Human Trafficking Detective. The detective will initiate the Travis County Care
Coordination Protocols.
3.
Create a report.
(a)
If APD generated the original report, officers shall write a supplement to the original
report.
(b)
If another agency generated the original report, officers shall write an incident report
titled, "Recovered Runaway."
4.
If necessary, transport and release the juvenile according to section 317.2.5 of this order.
317.3.4 IN-CUSTODY SITUATIONS
(d) Possible Custody Situations: The following situations are typically considered conduct
indicating a need for supervision though sometimes circumstances dictate that transport to a
detention facility may be required. If a juvenile is transported to a detention facility for any of the
following offenses, the officer is required to complete a booking sheet.
1.
Driving Under Influence (DUI): Officers shall adhere to the guidelines outlined in General
Order 355 (DWI Enforcement) for how to handle Juvenile DUI/DWI arrests.
2.
Family Violence Assault By Contact Threat: If necessary to preserve the peace and
eliminate the possibility of further violence, a juvenile may be taken into custody and
transported to the appropriate juvenile detention facility if they are involved in a family
violence situation and commit a Class C misdemeanor offense such as "assault by contact"
or "assault by threat" in the presence or view of a peace officer.
(a)
When officers take a juvenile into custody for any arrestable offense the officer shall complete the
documentation and procedures required by the facility. Additionally, the officer shall complete an
APD Arrest Booking (AB) report and General Offense (GO) report. Below is a list of appropriate
facilities based on the location of the arrest.
1.
For arrests that occur in Travis County, juveniles shall be taken to Gardner-Betts.
2.
For arrests that occur in Williamson County, juveniles shall be taken to the Williamson
County Juvenile Justice Center.
3.
For arrests that occur in Hays County, officer shall call the Hays County Juvenile Detention
Center at (512) 393-5200, ext 11201 for approval prior to transport.
(b)
If any facility refuses to take the juvenile, the officer should follow these guidelines.
1.
Transport the juvenile to the APD ID section.
2.
Take a mugshot of the juvenile.
3.
Complete a 10 print via Live Scan and transmit to DPS.
4.
Upload all documentation to the Versadex incident report.
5.
Release the juvenile according to 317.2.5 of this order.
(c)
Juveniles should be transported directly to the appropriate Juvenile Detention Facility and booked
when an on-view arrest is made or:
1. Any warrant or directive to apprehend issued by TYC or Juvenile Court (e.g., probation
violation warrants, escape from TYC warrants).
2.
Any warrant or directive to apprehend a juvenile where the juvenile was already processed
for the original charge.
3.
Any offense that occurred prior to Jan. 1, 1996.
(d)
If a juvenile is taken into custody for DWI, the juvenile shall be transported directly to an Intoxilyzer
room and requested to perform any tests prior to processing and booking.
(e)
If an officer is booking a juvenile for delinquent conduct and also chooses to file a Class C charge,
the officer shall issue the juvenile a misdemeanor citation for the Class C violation(s). Class C
charges shall NOT be placed on the booking sheet.
(f)
A juvenile taken into custody for delinquent conduct shall not be released to a parent/ guardian
until the juvenile has been processed and booked at the appropriate Juvenile Detention Facility.
317.3.2 DELINQUENT CONDUCT
(a)
Juveniles taken into custody for delinquent conduct (Class B misdemeanors or above) shall be
processed and booked as follows:
1. Travis County: The juvenile shall be transported to Gardner Betts where the officer will
fingerprint the juvenile and complete all necessary booking paperwork for intake into the
facility. Any accompanying paperwork shall be submitted to the Gardner-Betts intake officer.
The officer will also complete an APD Arrest Booking (AB) report and General Offense (GO)
report via MRE and upload both reports to Versadex.
(a)
If the identification of the juvenile is in question, officers may transport the juvenile to
the APD ID Section to attempt positive identification prior to taking the juvenile to
Gardner Betts.
2.
Williamson County: The juvenile shall be transported to the Williamson County Juvenile
Justice Center for processing and booking. Any accompanying paperwork (e.g., booking
sheet, receipts, pictures) shall be forwarded to the appropriate Area Command Investigative
Unit for disposition.
3.
Hays County: Upon taking a juvenile into custody in Hays County, officers shall call the 24
hour intake number for the Hays County Juvenile Detention Center at (512)393-5220, ext
11201 for approval prior to transport. If the officer is denied approval for intake, the officer
shall notify his immediate supervisor and follow the guidelines for "Releasing A Juvenile
From Custody" as outlined in general orders. The juvenile shall be transported to the APD
ID Section for processing, followed by booking at the Hays County Juvenile Detention
Center. Any accompanying paperwork shall be turned in to the Hays County Juvenile
Detention Center intake officer.
(b)
In certain instances, processing of a Juvenile is not required. Juveniles may be transported
directly to the appropriate Juvenile Detention Facility and booked when:
1.
Any warrant or directive to apprehend issued by TYC or Juvenile Court (e.g., probation
violation warrants, escape from TYC warrants).
2.
Any warrant or directive to apprehend a child where the child was already processed for the
original charge.
3.
Any offense that occurred prior to Jan. 1, 1996.
(c)
If a juvenile is taken into custody for DWI, the juvenile shall be transported directly to an
Intoxilyzer room and requested to perform any tests prior to processing and booking.
(d)
If an officer is booking a juvenile for delinquent conduct and also chooses to file a Class C
charge, the officer shall issue the juvenile a misdemeanor citation for the Class C violation(s).
Class C charges shall NOT be placed on the booking sheet.
(e)
A juvenile taken into custody for delinquent conduct shall not be released to a parent/ guardian
until the child has been processed and booked at the appropriate Juvenile Detention Facility.
317.3.3-5 TRAFFIC OFFENSES
Juvenile traffic violators should be handled in the same manner as adult violators.
317.4 INFORMATION NEEDED BY A JUVENILE DETENTION FACILITY
Under the provisions of the Family Code, pending a hearing, a childjuvenile taken into custody
will be released immediately by the Juvenile Court to a parent unless certain designated
circumstances exist. Officers should inform intake personnel the following facts, when known:
(a) The childjuvenile is likely to abscond or be removed from the jurisdiction of the court.
(b) Suitable supervision, care or protection is not being provided to the childjuvenile by a parent,
guardian or other person.
(c)
The childjuvenile has no parent, guardian or other person able to return them to the court when
required.
(d)
The childjuvenile may be a danger to themselves or may threaten the safety of the public if
released.
(e) The childjuvenile has previously been found to be a delinquent childjuvenile or has been
previously convicted of a penal offense punishable by a term in jail or prison and is likely to
commit an offense if released.
317.5 JUVENILE INTERVIEWS, INTERROGATIONS AND STATEMENTS
317.5.1 TYPES OF STATEMENTS
(a) The following types of statements made by juvenile suspects are admissible as evidence under
the Family Code:
1.
Res Gestae - spontaneous statements made by childrenjuveniles may be used as if they
were made by an adult.
2.
Statements leading to the discovery of evidence - defined as oral statements of fact or
circumstances that are true, which tend to establish the childjuvenile's guilt, such as finding
secreted or stolen property or the instrument with which the childjuvenile states the offense
was committed.
3.
Custodial Statements - An oral or written statement by a childjuvenile in custody, detention
or confinement is admissible if, before giving the statement, the childjuvenile has been
given the Miranda warning by a magistrate. This warning must be given out of the presence
of police officers or prosecutors. An exception would be under circumstances when it is
deemed necessary to have an officer present for the magistrate's protection.
(a) Oral Statements: The statement must be recorded by an electronic recording device
(video camera or digital video camera) and, before making the statement, the
childjuvenile receives the Miranda warning by a magistrate as described above and
the warning is made part of the recording.
(b)
Written Statements: The written statement must be reviewed with the juvenile, and
signed, in front of the magistrate and out of the presence of police officers or
prosecutors unless necessary for the magistrate's protection.
(b)
The Family Code does not preclude the admissibility of other types of statements, including
those that "do not stem from custodial interrogation." The admissibility of such statements will
depend upon the circumstances surrounding the taking of the statement and the facts of the
case.
317.5.2 WORKING WITH PARENTS
A childjuvenile's parent or guardian has personal legal responsibility for the childjuvenile's
welfare and behavior. The Department recognizes this responsibility and police officers will
work with parents as closely as possible in interviewing childrenjuveniles. Examples of
procedures that help parents are:
(a) Explaining a childjuvenile's illegal or suspicious behavior as soon as possible.
(b)
Responding with patience and understanding to questions that are defensive or reflect a parent's
fears about police procedures and the court system.
(c)
When reasonable, giving parents advance notice that their childjuvenile will be interviewed or
interrogated.
317.5.3 GENERAL GUIDELINES FOR INTERVIEWING JUVENILES
(a) The Department encourages officers to adjust their interviewing style to be sensitive to each
person's age and experience, remaining consistent with the Department's commitment to treat all
people with respect. The more approaches an officer can use, the more cooperation they can
achieve with each childjuvenile.
(b) Interviews: An interview takes place when a juvenile witness or victim of a crime is questioned. It
is not necessary to administer rights or to have the parents or guardians present. If a
childjuvenile implicates themselves during the interview, the interview shall be stopped and the
procedures for interrogation followed.
(c)
Age Considerations:
1.
If the childjuvenile is too young or mentally incompetent to render a decision, the parents or
guardians should be present.
2.
Interviewing childrenjuveniles under the age of 13 should be done at the Center for Child
Protection, especially when the childjuvenile is the victim of a violent offense.
317.5.4 GENERAL GUIDELINES FOR INTERROGATING JUVENILES
(a)
Interrogations: An interrogation is the questioning of a juvenile who is suspected of a status or
criminal offense.
1.
On-scene Interrogation: Street interrogations should be avoided until after the juvenile can
be processed unless it is absolutely necessary for the preliminary investigation. However,
street interviews often present exigent circumstances that demand immediate action from
the responding officer. Suspects, weapons and evidence may be lost if information is not
immediately obtained. Officer safety, safety of the public, and the need to obtain basic
information are considerations that patrol officers must deal with in making decisions
regarding the street interrogation of a juvenile. The general rules of interrogation and
admissibility of evidence apply to juveniles, with additional requirements existing for
custodial interrogations.
2.
Non-Custodial Interrogations:
(a)
Juveniles are not in custody when they are voluntarily brought in by a parent or
guardian. Therefore, no magistrates' warning is required prior to taking a confession
under these circumstances.
(b) Officers should be aware of any factor that might negate the non-custodial status of
the interrogation and affect the admissibility of the statements obtained. For example,
giving a childjuvenile a ride to the station, even if the childjuvenile accompanied the
officer voluntarily and with the consent of their parents, could be interpreted by the
courts as an indication that the juvenile was "in custody."
(c) Juveniles who have given voluntary non-custodial confessions will not be immediately
taken into custody. They will be released to a parent/ guardian. If probable cause for
arrest is developed through the confession or otherwise, a juvenile warrant may be
obtained. Failure to follow this procedure could taint the voluntariness of the
confession.
3.
Custodial Interrogations: The Miranda warning administered by a magistrate must
precede all custodial confessions. Prior to conducting a custodial interrogation of a
juveniles, employees will confer with the juvenile and parents or guardians to explain
agency and juvenile justice system procedures. The custodial interrogation of a juvenile
may take place in two types of situations; the exact procedures to be followed vary
depending on the situation.
(a) At a Juvenile Processing Office: The interrogation of a juvenile may take place at a
juvenile processing office if the juvenile is transported there immediately after the
juvenile is taken into custody. While at the juvenile processing office the guidelines of
Family Code Section 52.025 must be strictly adhered to:
1.
The childjuvenile may not be left unattended.
2.
The childjuvenile is entitled to be accompanied by a parent, guardian, or attorney.
3.
The childjuvenile may not be detained in the juvenile processing office for longer
than six (6) hours.
4.
Under normal circumstances, no more than 2 detectives should be actively
engaged in the interrogation of the childjuvenile.
(b)
At a Juvenile Detention Facility: To interview a juvenile who has been booked into
Gardner-Betts or the Williamson County Juvenile Justice Center, APD must request
the juvenile be returned to APD custody for an interrogation or other follow-up.
Gardner-Betts or Williamson County Juvenile Justice Center personnel will rule
whether the request will be granted.
1.
The investigator will call Gardner-Betts or the Williamson County Juvenile Justice
Center in advance to arrange for a custody transfer.
2.
Unless the interview occurs at the detention facility, the interview will only take
place in a designated Juvenile Processing Office that is in accordance with CCP
Sec. 52.025.
3.
Upon completion of the interview/statement the juvenile must be returned to the
custody of Gardner-Betts or the Williamson County Juvenile Justice Center.
317.6 FINGERPRINTS AND PHOTOGRAPHS
(a)
Except as listed in section (d) below, juveniles may be photographed or fingerprinted only under
the following circumstances consistent with provisions of the Family Code:
1.
With consent of the Juvenile Court (e.g., via a court order).
2.
If the childjuvenile is taken into custody for conduct that is a felony, or a misdemeanor
punishable by confinement in jail.
3.
If the childjuvenile is not in custody and the childjuvenile's parent or guardian voluntarily
consents in writing to the photographing or fingerprinting of the hildjuvenile.
(b)
The fingerprints of a juvenile suspect in a criminal case where latent prints were obtained may be
used for comparison purposes only if the prints were obtained in a manner allowed by the Family
Code.
(c)
The photograph of a juvenile suspected in connection with a criminal case where it is believed
the photograph will help in the identification of the offender (e.g., a photo lineup) may be used
only if it was obtained in a manner allowed by the Family Code unless it is publicly available
(such as in a school yearbook).
(d)
Exceptions: Restrictions on fingerprinting/photographing juveniles do not apply in the following
situations:
1.
If the photographs/fingerprints are obtained as part of the registration process for a juvenile
required to register as a sex offender under CCP Section 62.
2.
If the childjuvenile is a victim or witness, and photographs are needed for evidentiary or
documentary purposes (e.g., photographs of injuries, or videotaped statement of
a
childjuvenile victim/witness).
3.
If a childjuvenile has had access to a crime scene but is not a suspect, and their prints are
needed for comparison to latents for elimination purposes.
445 Mental Health Response
445.1 PURPOSE AND SCOPE
The Crisis Intervention Team (CIT) Unit and (CIT) officers are tasked with addressing and responding
to any calls for police assistance related to the mental health community to include Intellectual
Developmental Disabilities (IDD) and cognitive disorders. This order sets guidelines for utilizing the CIT
Unit and the certified CIT officers assigned to field duty.
445.1.1 DEFINITIONS
Crisis Intervention Team (CIT) Officer - An officer off probationary status who has successfully
completed the TCOLE prescribed CIT certification course. The Austin Police Department has CIT
officers who receive a mental health certification pay/stipend (see Meet and Confer Agreement, Article
7 Wages and Benefits, Section 4, Mental Health Certification Pay) to respond to CIT calls and perform
Peace Officer Emergency Detentions (POED). If an officer who receives mental health certification pay
is not available, an officer who is a CIT Officer can respond to a CIT call or perform a POED. The term
Crisis Intervention Team (CIT) Officer is interchangeable with Mental Health Officer and they have the
same meaning.
Crisis Intervention Team (CIT) Unit - A unit of specially trained CIT officers within APD who act as
liaisons between the CIT officers assigned to patrol and the facilities, providers, and consumers within
the mental health community. CIT Unit officers also respond to calls for service as outlined in this order.
Mental Illness - An illness, disease or condition other than epilepsy, senility, alcoholism or mental
deficiency that substantially impairs a person's thoughts, perception of reality, emotional process or
judgment, or grossly impairs behavior as demonstrated by recent disturbed behavior.
Intellectual Development Disorder (IDD) - A significantly sub-average intellectual function that is
concurrent with deficits in adaptive behavior and which originates during the developmental period.
Cognitive Disorders - organic mental disorders such as Traumatic Brain Injury (TBI), dementia,
Alzheimer's, Parkinson's, and substance withdraw delirium, etc. Symptoms of these disorders could
include but are not limited to the following: memory loss, loss of motor skills, delirium, deficits in general
mental ability/reasoning/problem solving/planning/abstract thinking/judgment, communication disorders,
etc
Jail Diversion - Alternative method(s) of addressing a mentally ill, cognitively disabled, or IDD
person's behavior, other than with arrest and confinement in jail.
Expanded Mobile Crisis Outreach Team (EMCOT) - A group of medical or mental health
professionals who respond to the scene of a psychiatric crisis, assisting officers with jail diversion and
emergency detentions.
445.2 INCIDENTS REQUIRING A CIT OFFICER
(a)
If the incident is an emergency involving a person in mental health crisis, a CIT officer will be
dispatched as the primary responding officer. If a CIT officer is not available, any patrol officer will
be dispatched immediately and a CIT officer will respond as soon as possible.
(b) If the incident is non-emergency in nature, a CIT officer shall respond as the primary officer, with
the exception of an emergency room transport of a POED to a psychiatric hospital (secondary
transport)..
(c)
The following incidents also require the response of a CIT officer:
1.
Any situation where the responding officer believes that a person's mental health is adversely
affecting the person's behavior (e.g., attempted suicide, suicidal subject, Peace Officer
Emergency Detention (POED) evaluation).
2.
Any request from a member of the community for a CIT officer.
3.
Mental health related calls from a facility/provider that furnishes services on behalf of the
mental health community.
4.
Any health care facility or emergency room request for assistance relating to a person
suspected of a mental illness.
445.3 CIT OFFICERREFERRALS
Patrol Oofficers receiving a mental health request for assistance from a complainant will refer the
individual to an on-duty CIT officer, or the CIT Unit, or EMCOT. An incident report will be completed as
outlined in this order.
(a)
If the person about whom the call is made poses any threat to safety, the responding officer will
remain at the scene until contact is made with an on-duty CIT officer or the CIT Unit to determine
the appropriate action to be taken. When safe and reasonable, officers shall use de-escalation
techniques to reduce the likelihood for force and increase the likelihood of voluntary compliance.
(b)
When deemed necessary by a CIT an officer or the CIT Unit, an EMCOT employee will be called
to the scene to assist with:
1.
Assessment of the client (including suicide assessments).
2.
Assessment of the situation.
3.
Linking the client with existing mental health services in the community.
4.
In-depth counseling for the client and family.
5.
Transportation of the client, when appropriate.
6.
Jail Diversion, when appropriate (see section 445.6 of this order for further details).
(c)
Follow up referrals to the CIT Unit from APD personnel.
1.
Sworn and non-sworn personnel can refer cases or subjects needing mental health
assistance to the CIT Unit by sending an email to: prisis.intervention@austintexas.gov.
445.4 MENTAL HEALTH COMMITMENTS
445.4.1 VOLUNTARY COMMITMENT
445.4.2 PEACE OFFICER EMERGENCY DETENTION (POED)
(a) The authority to apprehend a person by using the Peace Officer's Emergency Detention (POED)
is granted under the Tex. Health and Safety Code § 573.001. This type of custody is protective
rather than criminal in nature and does not constitute an arrest. A POED may be used when:
1.
The officer has reason to believe, and does believe, that the person is mentally ill; and
2.
Because of that mental illness there is a substantial risk of serious harm to the person or to
others unless the person is immediately restrained; and
3.
The officer believes that there is not sufficient time to obtain a warrant before taking the
person into custody.
(b)
An employee encountering a person who needs to be assessed for a possible POED shall contact
an on-duty CIT officer.
1.
The responding CIT officer shall be responsible for:
(a)
Conducting an assessment to determine whether the person should be handled as an
Emergency Detention;
(b) Providing transportation to the appropriate mental health facility or furnishing referral
information;
1.
Travis County Emergency Detentions - When determining where to transport a
subject in Travis County, the officer should contact Integral Care at 512-472-
HELP(4357). If contact cannot be made with Integral Care after a reasonable
amount of time, the officer can default and transport the subject on a POED to the
nearest appropriate Travis County Hospital Emergency Department. Officers shall
document all efforts made to contact Integral Care or how a determination was
made to transport a subject to a facility.
2.
Williamson County Emergency Detentions - When determining where to transport
a subject in Williamson County, the officer should contact Bluebonnet Community
Services at 512-701-1982. If contact cannot be made with Bluebonnet Community
Services the officer can default and transport the subject on a POED to the
nearest appropriate Travis County Hospital Emergency Department. Hospital
Emergency Departments in Williamson County have not been deemed as a
location where a POED can be served. Officers shall document all efforts made to
contact Bluebonnet Community Services or how a determination was made to
transport a subject to a facility.
1.3. The CIT officer may transport the Emergency Detentionsubject or have a non CIT
officer transport the Emergency Detentionsubject after completing all paperwork
and advising where the subject is to be taken.
(c) Preparing all required documentation.
2.
If it is determined that the person does not meet the criteria for a POED, the initial officer
may:
(a) Request a response from the Expanded Mobile Crisis Outreach Team (EMCOT),
(refer to 445.6)
(b)
Release the person, if no criminal violation has been committed;
(c) Use other available referral services or release options; or
(d) Place the person in jail, provided the officer has legal authority to do SO.
3.
Officers shall perform secondary transports of subjects from an emergency room to a
psychiatric hospital on an APD Emergency Detention. All officers are responsible for the
following:
(a)
Taking custody of the individual who is detained under a POED.
(b) Collect and verify all necessary documents for the transfer of the detained individual.
(c)
Transport the patient to the directed psychiatric hospital with all required paperwork and
personal property.
(d) Complete a supplement to the original POED report.
4.
Officers shall transport persons on a still active APD POED from the Judge Guy Herman
Center to another arranged hospital or psychiatric hospital when the Center's staff
determines that patient care exceeds the capabilities of the Center. All transporting officers
are responsible for the following:
(a) Verifying a inurse-to-nurse/doctor-to-doctor transfer was completed and collecting all
necessary documents for the transfer, if available.
(b) Taking custody of theindividualwhois detainedunder an APD POED.
(c)
Transporting the person and their property to the directed hospital or psychiatric
hospital, if available.
(d) Completing a supplement to the original POED report.
801 Equipment and Uniform Regulations
801.4 REQUIRED AND AUTHORIZED UNIFORM RAIMENTS
No jewelry or personal ornaments shall be worn by officers on any part of the uniform or equipment
except those authorized in this order. This section covers the use of the +Required and authorized items
employees may place on their uniforms, includinginclude:
(a) Badge (required).
(b) Name Tag (required).
(c) Rank Insignia (required).
(d) Service Stripes (authorized).
(e) Award Ribbons (authorized).
(f) Award Medals (authorized).
(g) Service/Unit Pin (authorized).
(h) Tie Tacks, Tie Bars, and Pins (authorized).
801.4.1 BADGE
801.4.2 NAME TAG
801.4.3 RANK INSIGNIA
801.4.4 SERVICE STRIPES
801.4.5 OFFICER RECOGNITION CHEVRONS
801.4.7 AWARD MEDALS
801.4.8 SERVICE/UNIT PIN
801.4.9 TIE TACKS, TIE BARS, AND PINS
(a) Only issued or authorized tie bars will be worn with the Class A uniform. Tie bars will be worn
horizontally on the lower half of the necktie, midway between the third and fourth buttons from the
top.
(b) Only authorized tie tacks and pins may be worn with any APD uniform. Employees will not wear
any tie tack or other pin making a political statement, or displaying any offensive design, logo, or
wording.
803 Duty Firearms
803.3 AUTHORIZED WEAPONS
803.3.1 REGISTRATION OF WEAPONS
803.3.2 MODIFICATION OF FIREARMS
803.3.3 DEPARTMENT ISSUED SHOTGUNS
803.3.4 PERSONALLY OWNED SHOTGUNS
803.3.5 DEPARTMENT ISSUED RIFLES
803.3.6 PERSONALLY OWNED RIFLES
Officers that meet the following criteria may be authorized to carry personally owned rifles while on-
duty. Personally owned rifles are for the exclusive use of the weapon owner and will not be loaned or
distributed for use to any other officer unless there is a bona fide emergency.
(a) To carry a personally owned rifles, officers must:
1.
Receive approval through the chain-of-command up to the commander to carry the rifle; and
2.
Successfully complete the Department approved semiautomatic rifle course; and
3.
Meet requirements listed in the Department Approved Weapons and Ammunition List.
(b)
Officers must qualify with the rifle annually on a course designated by the Learned Skills unit.
(c)
Officers who fail a qualification or who have lost the approval of the chain-of-command will no
longer be authorized to carry the rifle on-duty.
(d)
Officers authorized to carry a rifle on-duty will be subject to monthly inspection by an immediate
supervisor.
(e) The weapon must be carried in either a protective case or secured in the patrol vehicle weapon
rack.
(f)
No offensive marking(s) stickers(s), engraving(s), etc., may be placed on the weapon with the
exception of manufacturer identifiers (serial number, model number, etc.) and an employee's
initials or employee number. This does not apply to Special Operations sniper rifles using
camouflage/concealment designs. Any questions regarding if the image/ word(s) falls under
offensive will be directed to the LSU Sergeant with the final determination being made by the LSU
Lieutenant.
(g)
Short barrel rifles are approved for use on patrol. The requirements for the SBR are:
1.
10.5" barrel length. (9.5" and a 1" flash suppressor does NOT meet the requirement, etc.)
2.
Silencers are not authorized.
3.
Officers shall carry only Department authorized ammunition. Officers shall not modify or alter
any approved ammunition.
4.
Officers MUST possess the proper ATF tax stamp for that specific weapon. The tax stamp
will be checked by LSU staff prior to an officer being approved to carry the SBR on duty.
5.
If an officer fails to provide the appropriate tax stamp, specific to the rifle they are
possessing, the LSU Sergeant will be notified and a memorandum will be sent to the officer's
chain of command as well as Internal Affairs.