philadelphia police department directive 95juveniles in police custody appendix “b” non-secure...

PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 5.5

SUBJECT: JUVENILES IN POLICE CUSTODY PLEAC 4.7.1, 4.7.2

INDEX

SECTION TITLE PAGE NUMBER

1 POLICY 1 2 DEFINITIONS 1 3 LAW 1 4 OPERATIONS 2 5 JUVENILES TAKEN INTO CUSTODY 4 6 NOTIFICATION OF PARENTS, GUARDIAN 7 OR OTHER CUSTODIAN 7 PHOTOGRAPHING AND FINGERPRINTING 9 OF JUVENILES 8 RELEASE OF JUVENILES 10 9 PROCESSING PERSONS UNDER 18 YEARS OF AGE 12 – CERTIFIED BY JUVENILE COURT TO BE HELD FOR TRIAL IN COMMON PLEAS COURT, CRIMINAL TRIAL DIVISION 10 DESTRUCTION OF JUVENILE PHOTOGRAPH 12 AND FINGERPRINT RECORDS 11 RELEASE OF INFORMATION 13 CONCERNING JUVENILES

APPENDIX “A” INVESTIGATION AND PROCESSING LOCATIONS FOR

JUVENILES IN POLICE CUSTODY

APPENDIX “B” NON-SECURE HOLDING FACILITIES

APPENDIX “C” TRUANCY

APPENDIX “D” COMPUTERIZED PA JHELD ONLINE COMPLIANCE TOOL

APPENDIX “E” TRANSFER OF JUVENILES FROM POLICE CUSTODY

TO PHILADELPHIA JUVENILE JUSTICE SERVICE CENTER

(PJJSC) OR YOUTH EMERGENCY SERVICES (YES)

Issued Date: 08-12-14 Effective Date: 08-12-14 Updated Date: 11-29-19

DIRECTIVE 5.5 - 1


SUBJECT: JUVENILES IN POLICE CUSTODY PLEAC 4.7.1, 4.7.2 _____________________________________________________________________________

1. POLICY A. Any custodial detention and/or questioning of a juvenile by members of the

Philadelphia Police Department shall conform to the procedures and conditions

prescribed by Pennsylvania Law – 42 PA CS §6326.

B. Members of the Philadelphia Police Department will comply with the procedures listed

in this Directive.

______________________________________________________________________________

2. DEFINITIONS A. Delinquent Offenders – are juveniles taken into custody for criminal offenses (crime,

summary offense, violation of probation or supervision following adjudication of

delinquency) and transported to the district in which the divisional detectives are

housed. Juveniles are held in secure custody, SIGHT and SOUND separate from

adult prisoners, and under continuous observation. (PLEAC 4.7.2b)

B. Status Offenders – are juveniles taken into custody for an offense for which, if they

were adults, they would not be detained (e.g., missing persons, truants, curfew violators

and incorrigibles). STATUS OFFENDERS may NEVER be held in secure custody and

must be taken to the designated non-secure holding facility in the police division of

occurrence.

NOTE: DELINQUENT OFFENDERS may not be detained with STATUS

OFFENDERS. Status Offenders must also be kept sight and sound separate

from adult prisoners and under continuous observation. (PLEAC 4.7.2c)

_____________________________________________________________________________

3. LAW A. Pennsylvania Act 1991-9 requires that any juvenile taken into police custody must be

released within six (6) hours.


DIRECTIVE 5.5 - 2

1. The six (6) hour release time starts when the juvenile is placed in secured custody

(i.e. placed in a locked facility or locked to a fixed object). It does not start at the

time of arrest or the time of arrival at a police facility.

B. In accordance with the Pennsylvania Juvenile Act §6326(b), detention in a lockup

where adult prisoners are housed is generally prohibited. (PLEAC 4.7.2a)

C. In accordance with the Juvenile Act §6326 (e), law enforcement agencies shall

provide information and reports regarding juveniles held in secured and non-

secured custody as requested by the Pennsylvania Commission on Crime and

Delinquency [PCCD]. (PLEAC 4.7.2d)

_____________________________________________________________________________

4. OPERATIONS

*1 A. Whenever anyone under eighteen (18) years of age is taken into custody for any crime,

they will be transported directly to the police district wherein the divisional detectives

are located.

EXCEPTIONS: Murder, Driving Under the Influence, Rape, Sex Offenses, Status

Offenses and Summaries. Summary Offenses will be taken to the

district of arrest, except if that district is the non-secured holding

facility for the division.

*2 EXCEPTION: During school hours ONLY, a student REGARDLESS OF THEIR

AGE still enrolled in the Philadelphia School System, who is found in

possession of a small amount of marijuana on or about School District

property, SHALL NOT be transported to a police facility and issued

a CVN, but will be processed in accordance with the Memorandum of

Understanding regarding the Philadelphia Delinquency Diversion

Program.

B. Handcuffing

1. When personnel place a handcuffed prisoner in the rear seat of a Radio Patrol Car

(RPC) or similar police sedan, the prisoner should be seated on the passenger side

of the vehicle and seat-belted to minimize injury during an accident. The driver

and front passenger of a police vehicle should always be aware of the occupants in

the rear seat.

2. Prior to transporting non-violent juveniles, eleven (11) years of age and under, the

transporting officer will contact a supervisor who will determine whether handcuffs

should be applied and whether the child should be transported via EPW or RPC.

Supervisors shall base their decisions upon the best interest of the juvenile under

the circumstances.

DIRECTIVE 5.5 - 3

3. Under no circumstances shall juveniles eight (8) years of age or under be

transported or detained in an EPW. Should it be necessary for any juvenile eight

(8) years of age or under to be transported to a police facility, every attempt will be

made to have a parent or lawful custodian transport the child to the police facility

prior to utilizing a RPC.

C. Whenever a juvenile is taken into custody and not charged with a crime (e.g. released

pending further investigation or remedial action taken), the investigator handling the

investigation will:

1. Ascertain positive identification (if necessary, utilize the Records and

Identification Unit).

2. Conduct a QW computer inquiry of the PCIC/NCIC systems to determine if the

juvenile is wanted.

3. Conduct a records check on the juvenile computer inquiry (SEND/RC/90) .

D. Once a juvenile is transported to a police facility, they should not be transferred to

another district/unit for investigation except as specified in this directive.

E. Upon entering a police facility, the parents, guardians, or other custodian of the juvenile

will be immediately notified by the Operations Room Supervisor (ORS) that the

juvenile has been taken into custody and of the actual or intended place of detention

and that their immediate presence is required by law.

NOTE: Other Custodian – A person other than a parent or legal guardian who stands

in loco parentis to the juvenile or a person to whom legal custody of the

juvenile has been given by order of the court.

F. Juveniles ten (10) years of age or older who are arrested for any felony, misdemeanor

or upgraded retail theft will be photographed and fingerprinted in accordance with the

procedures outlined in this directive.

1. Juveniles charged with Murder are processed as adults and will be photographed

and fingerprinted accordingly.

2. Juveniles may only be photographed by police personnel in conformance with this

directive and Section 6308 of the Juvenile Act as amended by Act 12 of 1980.

EXCEPTIONS: Juveniles who have sustained injuries may be photographed

for evidentiary purposes in criminal investigations when they

are victims of a crime and to assist in identifying juveniles who

are unable to identify themselves.

DIRECTIVE 5.5 - 4

3. Photograph and fingerprint records may be disseminated to law enforcement

officers of other jurisdictions, the Pennsylvania State Police and the Federal Bureau

of Investigation, and may be used for investigative purposes.

4. Juveniles under the age of ten (10) years who commit delinquent acts are classified

as dependent children under the Juvenile Act and will be handled according to the

Act. Juveniles under the age of ten (10) cannot be formally charged with a crime.

5. Whenever a juvenile is suspected of committing any crime, they will be assigned

a divisional detective investigator. The only exceptions will be for juveniles

suspected of sexual offenses or homicide, which will be handled by the pertinent

investigative unit.

*4 G. In accordance with the Juvenile Act §6326 (e), the Commanding Officer of the

district/unit holding site will be responsible to provide information and reports to the

Pennsylvania Commission on Crime and Delinquency (PCCD) regarding juveniles held

in secured and non-secured custody, as requested by the PCCD. (PLEAC 4.7.2d)

____________________________________________________________________________

5. JUVENILES TAKEN INTO CUSTODY A. A police officer taking custody of a juvenile for a delinquent offense will:

1. Transport the juvenile directly to the police district wherein the divisional

detectives are located. EXCEPTIONS:

a. Juveniles taken into custody for Homicide will be transported directly to the

Homicide Unit. They will be investigated by personnel from Homicide,

processed as adults and arraigned before a Bail Commissioner. The assigned

investigator will notify the Probation Officer on duty at the Philadelphia

Juvenile Justice Service Center (PJJSC) of the juvenile’s arrest.

b. Juveniles taken into custody for Rape and/or other sex offenses will be

transported directly to the Special Victims Unit (SVU), 300 E. Hunting Park

Avenue. Once SVU processes the juvenile they will be transported to the 25th

District.

c. Juveniles taken into custody for Driving Under the Influence will be

transported directly to the Police Detention Unit (PDU) for processing along

with a copy of the 75-48 written by the arresting officer and initialed by the

supervisor. The transporting EPW will REMAIN with the juvenile and return

them to the district of arrest when processing is complete.

d. Juveniles taken into custody for Status Offenses will be taken directly to the

designated non-secured holding facility for that division.

DIRECTIVE 5.5 - 5

e. Summary offenders will not be taken into the district that is designated the non-

secured holding facility. Summary offenses made in that district will be taken

to a district within that division that is designated by the divisional

Inspector.

*5 NOTE: Arrests involving transgender juveniles, refer to Directive 4.15,

“Department Interactions with Transgender Individuals.”

2. Prepare a Complaint or Incident Report (75-48), listing the juvenile's name, age,

address, telephone number, race, sex and reason for arrest.

3. Give the completed copy of the Complaint or Incident Report (75-48) to the

*4 ORS who will enter the juvenile into the PA JHELD Online Compliance Tool.

B. The Operations Room Supervisor (ORS) in the district where the juvenile is detained

will:

1. Follow the notification procedures outlined in Section 6.

2. Ensure the juvenile is detained in the district juvenile detention area, sight and

sound separate from any adult prisoner.

*3 a. To ensure juveniles do not come into sight or sound contact with any adult

prisoner, all questioning of juveniles shall occur in the juvenile non-secured

holding area. Generally, juveniles shall not be taken into the detective

interrogation rooms or walked through the detective squad rooms.

EXCEPTION: In those detective divisions or investigative units that have

interrogation rooms equipped with digital recording systems, a

juvenile may be moved to the interrogation room to be

interviewed or interrogated, but only under the conditions

listed in Section 5-C of this directive.

*2/*3 NOTE: The on-duty Lieutenant (if unavailable, the on-duty Sergeant) will

inspect the Juvenile Holding Area two (2) times per tour and

document the checks on the S&R.

*2 3. Notify the appropriate investigative unit supervisor and DACU by phone whenever

a juvenile has not been released to a parent/guardian or placed within 4 1/2 hours of

secured custody.

4. Ensure all necessary reports are properly prepared. Retain the yellow copy of the

Complaint or Incident Report (75-48) and instruct the arresting officer to submit

the white and pink copies of the (75-48) to the ORS in the district of occurrence.

DIRECTIVE 5.5 - 6

5. Record ALL information concerning the juvenile on the S&R.

*4 EXAMPLE: The District Control Number (DC#), time of arrival, arresting

officer, the district of arrest, charges, the time and type of

notifications made, time of arrival of parent/guardian, time juvenile

was removed and returned from detective division for

interview/interrogation (if applicable), etc.

*3 C. The Detective Division Responsibilities:

1. The highest-ranking supervisor on location shall ensure:

a. They approve moving the juvenile to the interrogation room. The

information will be recorded on the detective division’s S&R, including

the date and time the juvenile was moved.

b. All adult prisoners are removed from the detective squad room and other

interrogation rooms within sight and sound distance from where the

juvenile will be placed, before the juvenile is moved to the interrogation

room.

c. No adult prisoners are subsequently placed in the detective squad room

or any interrogation rooms within sight and sound distance of the juvenile,

while the juvenile is being interviewed or interrogated.

d. The juvenile is not handcuffed to any fixed objects.

NOTE: If for safety reasons a juvenile is handcuffed to any fixed object

during an interrogation, the six (6) hour clock begins and will

not stop, even if the handcuffs are later removed or the juvenile

is moved back to a non-secured area.

e. While in the interrogation room, the juvenile is under continuous

observation by law enforcement personnel.

f. All provisions of Directive 5.23, “Interviews and Interrogations – Rights

of Individuals and Duties of Law Enforcement” shall apply to the juvenile

during the interview or interrogation.

1) All Investigative Detective and/or Officer’s weapons will be secured

in a gun box prior to entering the interview room. (PLEAC 3.2.5)

g. An inspection of the immediate area is conducted at the conclusion of the

interview or interrogation, to confirm no adult prisoners will be sight

and sound distance while the juvenile is being moved back to the non-

secured area.

DIRECTIVE 5.5 - 7

h. A security inspection of the interview room/temporary holding area for

weapons (obvious and potential, such as any unsecured objects) and

contraband must be conducted prior to and at the conclusion of the

interview or interrogation. (PLEAC 3.2.5)

NOTE: All inspections (both before and after) must be documented on

the interview room log or appropriate investigative report.

_____________________________________________________________________________

6. NOTIFICATION OF PARENTS, GUARDIAN, OR OTHER CUSTODIAN A. The Operations Room Supervisor (ORS) in the district/unit where the juvenile is

detained will:

1. Telephone the juvenile's parents, guardian or other custodian. (If the juvenile is

from out-of-town, a long distance telephone call will be placed.) Request the

parents/guardians to bring a form of personal identification, proof of age of the

juvenile in custody, and proceed immediately to the location where the juvenile is

being detained.

2. If contact is established by telephone, permit the juvenile to converse with their

parents, guardian or other custodian.

3. If telephone contact cannot be immediately established and the juvenile resides in

the City of Philadelphia, contact the ORS in the district where the juvenile resides

and request a message be delivered without delay to the juvenile's residence. If the

district of residence and detention are the same, immediately dispatch a police

vehicle to deliver the message (with DC numbers). The message will contain the

following information:

a. Your son/daughter (list juvenile’s name) has been taken into police custody and

is being detained at (give location of detention). It is required by law that you

immediately appear at this location.

b. Information regarding your son/daughter can be obtained by telephoning (list

the telephone number, the police facility and location of detention within the

facility).

EXAMPLE: 18th Police District, (215) XXX-XXXX, 55th & Pine Streets,

Operations Room, First Floor.

c. In cases where the juvenile has been transported directly to a special unit,

ensure that the correct phone number and location of that unit are indicated

on the message.

DIRECTIVE 5.5 - 8

*4 d. Update the JHELD System with the release time and to who the juvenile was

released. Check to ensure that all information in the JHELD System has been

completed. Contact the responsible units, when necessary, to update any

missing information.

4. Ensure the message is signed and the pink copy of the Complaint or Incident

Report (75-48) is given to the person who was notified.

5. If the parents, guardians or other custodians cannot be immediately located,

instruct the officer delivering the message to contact the neighbors in an effort to

learn their whereabouts.

6. If their whereabouts are unknown, leave a copy of the message at the juvenile's

residence. Request the neighbors to inform the parents, guardians, or other

custodians of the juvenile's detention when they return home. Contact the ORS of

the initiating district/unit and report the action taken.

7. If the juvenile resides outside of Philadelphia and telephone contact cannot be

established, telephone the police department where the juvenile resides. Request

that they deliver a message to the juvenile's parents, guardians, or other custodians

informing them of the juvenile's detention and how to contact the juvenile. Request

confirmation from the police department when the message has been delivered.

8. Maintain an accurate, detailed record of all notification attempts by date, time and

methods employed on the Juvenile Flow Chart. When notification has been made,

indicate how it was made (e.g., by telephone (list number), by message (list name

and badge number of delivering officer). Also, indicate the name and address of

the person notified, their relationship to the juvenile in custody, the time

notification was acknowledged and enter this information on S&R.

B. The assigned investigator will:

1. Prior to questioning a juvenile in custody, ensure all reasonable means are used to

notify the juvenile's parents/guardians. Once parental contact has been made,

ensure the parent/guardian and the juvenile are:

a. advised of the charges,

b. informed of Miranda Rights (75-Misc-3) , and

c. given an opportunity to consult privately.

NOTE: All attempts to notify parent/guardian will be documented.

DIRECTIVE 5.5 - 9

_____________________________________________________________________________

7. PHOTOGRAPHING AND FINGERPRINTING OF JUVENILES A. All juveniles arrested for felonies, misdemeanors or upgraded retail theft will be

photographed and fingerprinted by Divisional Booking Center (DBC) personnel or

the assigned investigator in the division wherein they were arrested prior to release or

delivery to the Philadelphia Juvenile Justice Services Center (PJJSC). (PLEAC 4.7.1 c)

B. The assigned investigator will ensure the juvenile is properly processed, released and

all the necessary reports are properly prepared and distributed.

1. Whenever a juvenile is hospitalized and photographing and fingerprinting are

required under this directive, the investigative unit supervisor will be responsible

for the notification to the Records and Identification Unit who will arrange for

processing.

C. The DBC Processing Officer will:

1. Fingerprint juveniles using Live Scan, which produces the necessary number of

print cards automatically when entering juvenile booking. In the event that Live

Scan is not functioning, prepare the fingerprint cards as follows:

a. Three (3) fingerprint cards, including palm prints for juveniles ten (10) years of

age or older and charged with Murder.

b. Two (2) fingerprint cards and palm prints for juveniles charged with all other

offenses.

2. At the conclusion of the photographing and fingerprinting, immediately transmit

the juvenile's fingerprints to the Records and Identification Unit via Live Scan

along with the Arrest Report (75-50) or Non-Traffic Summary Citation (03-8).

Ensure the photo imaging event number appears on the 75-50 and the word

"JUVENILE" appears on the card.

3. Update the computerized sequence program with DBC start and finish times and

payroll number of DBC processor.

D. The Records and Identification Unit Supervisor will:

1. Ensure all juvenile identification processing requests is are given priority status.

2. Ensure the fingerprints are checked for legibility upon receipt of the Live Scan

transmission of the juvenile's prints.

3. Ensure the DBC processing officer is notified of the correct juvenile PID number

(Philadelphia Identification Number).

DIRECTIVE 5.5 - 10

4. Ensure that a prompt file search is conducted.

5. Ensure that a technician has updated the computerized sequence number program.

E. The Commanding Officer, Offender Processing Unit, will:

1. Ensure all juvenile records are maintained separately from adult files according to

the PA Juvenile Act §6308a and the Juvenile Identification Number Classification

System. (PLEAC 4.7.1 a)

_____________________________________________________________________________

8. RELEASE OF JUVENILES A. A juvenile who is to appear at the Philadelphia Juvenile Justice Service Center

(PJJSC), may be released to a parent, guardian, other custodian or shelter only upon

authorization of a Probation Officer at the PJJSC.

B. When the juvenile is to be released, the assigned investigator will:

1. Prepare the Juvenile Release Form (75-411) for each juvenile released. Record the

delinquent act in the "Charges" block.

2. Ensure the name of the Probation Officer who authorized the release is inserted in

the block designated "PJJSC Release Authorized By.”

C. The Operations Room Supervisor (ORS) in the detaining district will:

1. Ensure when a parent, guardian or custodian is notified that a juvenile is in custody,

that person will be informed that a form of personal identification is necessary to

obtain the juvenile's release.

2. Ensure the person to whom the juvenile is released to has one or more of the

following types of identification upon arrival, a Driver’s license, welfare card with

picture, Social Security Card, voters registration card number, employment identity

cards, military or selective service identification, etc., and that the type of identity

verification is indicated in the appropriate block of the release form. Also, indicate

the relationship between the juvenile and the person obtaining the release.

a. Ensure any persons who seek to obtain the release of a juvenile but are unable

to present the proper verification of identity will be informed that the juvenile

will be sent to the Philadelphia Juvenile Justice Service Center (PJJSC).

Release of the juvenile must then be obtained from the PJJSC. The ORS will

contact the PJJSC and inform the probation officer about the above situation.

3. Sign the "Released by" block when the parent or guardian is present.

DIRECTIVE 5.5 - 11

4. Give the person taking custody of the juvenile the original copy of the Juvenile

Release Form (75-411) and inform that person of the date and time of required

appearance at the Philadelphia Juvenile Justice Service Center (PJJSC).

*5 5. Distribute the remaining copies to the agencies indicated on the bottom of the form.

Attach a copy of the Arrest Report (75-50) to the PJJSC copy (former Y.S.C copy)

of the 75-411.

a. Record the name of the person who has taken custody of the juvenile on the

district copy of the Arrest Report (75-50) prior to distribution.

6. Inform the ORS in the district of arrest the name of the person or agency taking

custody of the juvenile. If the parent(s), guardian(s) or other custodians refuse to

come into the police facility to obtain the juvenile, enter this information on the

Juvenile Release Form (75-411), Arrest Report (75-50) and the juvenile

computerized flow chart. The assigned investigator will inform the parent(s),

guardian(s) or other custodians that failure to obtain the juvenile's release may

result in their arrest for violation of Section 4304 of the PA Crimes Code,

"Endangering the Welfare of Children."

7. Record the name of the probation officer who authorized the release and the time

and place of the hearing on the Juvenile Flow Chart (75-602).

D. The Detective Division Supervisor (Midnight Shift) will:

1. Ensure all reports are processed and reach the Philadelphia Juvenile Justice Service

Center (PJJSC) no later than 7:00 A.M.

E. When an arrested juvenile is detained in a hospital, the police liaison at the PJJSC will

testify from the reports of the investigator who handled the case.

1. The "intake interviewer" at the PJJSC will make the decision as to whether the

juvenile should be held, court-in (held in PJJSC) or court-out (sent home with

parents) until their court date at 1501 Arch Street..

2. The PJJSC police liaison officer will notify the investigative supervisor of the

intake interview decision, who will contact the Commanding Officer of the district

guarding the juvenile.

3. If it is determined that the juvenile be held court-out, the guard at the hospital will

be withdrawn.

DIRECTIVE 5.5 - 12

_____________________________________________________________________________

9. PROCESSING PERSONS UNDER 18 YEARS OF AGE - CERTIFIED BY JUVENILE COURT TO BE HELD FOR TRIAL IN COMMON PLEAS COURT, CRIMINAL TRIAL DIVISION A. The Records and Identification Unit is responsible for photographing and fingerprinting

juveniles who have been certified by a Judge of Juvenile Court to be tried as adults and

held for trial in the Common Pleas Court, Criminal Trial Division.

1. The Police Detention Unit (PDU) supervisor will be notified that one or more

juveniles are being forwarded and will be given top priority in processing.

2. Under no circumstances will a juvenile be released from the PDU. Release is only

permitted from the Sheriff's Cell Room, Juvenile Court, the PJJSC or the Detention

Center (State Road). Refer anyone attempting a bail release to the Sheriff's Cell

Room, Juvenile Court.

EXCEPTION: Juveniles charged with Murder can be released from Police

Headquarters after posting bail.

_____________________________________________________________________________

10. DESTRUCTION OF JUVENILE PHOTOGRAPHIC AND FINGERPRINT RECORDS A. The Commanding Officer, Offender Processing Unit, will ensure that photographic and

fingerprint records for juveniles who are not adjudicated delinquent are properly

destroyed.

1. When the court disposition list is received from Family Court, ensure that it is

properly sealed by the court and forwarded it to the Commanding Officer, Records

and Identification Unit.

B. The Commanding Officer, Records and Identification Unit, will:

1. Ensure that the disposition list is checked for juveniles, whose photographic and

fingerprint records must be destroyed.

2. Ensure that the pertinent photographic and fingerprint records are properly located

and destroyed.

a. Ensure only those records pertaining to the specific offenses on the disposition

list must be destroyed.

DIRECTIVE 5.5 - 13

_____________________________________________________________________________

11. RELEASE OF INFORMATION CONCERNING JUVENILES A. The public release of any information concerning the contents of law enforcement

records and files regarding juveniles is governed by the provisions of the Pennsylvania

Juvenile Act §6308b. (PLEAC 4.7.1 b)

B. Only the Commanding Officer of the pertinent investigative unit or their designee may

release such information when the juvenile's conduct meets the requirements for

disclosure as set forth in §6308b of the Act. (PLEAC 4.7.1 b)

_____________________________________________________________________________

BY COMMAND OF THE POLICE COMMISSIONER ______________________________________________________________________________

PLEAC Conforms to the standards according to the Pennsylvania Law Enforcement

Accreditation Commission

______________________________________________________________________________

RELATED PROCEDURES Directive 3.23, Possession of Small Amounts of Marijuana

(30 Grams or Less) City Code Chapter

§10-2100

Directive 4.15, Department Interactions with Transgender

Individuals

Directive 5.23, Interviews and Interrogations – Rights of

Individuals and Duties of Law

Enforcement

Directive 12.11, Appendix “B”, “Vehicle or Pedestrian

Report (75-48A)

______________________________________________________________________________

FOOTNOTE GENERAL# DATE SENT REMARKS

*1 1175 08-13-14 Correction

*2 0037 11-24-15 Addition/Changes

*3 8069 10-12-16 Addition

*4 2843 10-24-17 Addition/Changes

*5 0458 11-29-19 Addition

DIRECTIVE 5.5 - 1 APPENDIX “A”


APPENDIX "A"

SUBJECT: INVESTIGATION AND PROCESSING LOCATIONS FOR JUVENILES IN POLICE CUSTODY ______________________________________________________________________________

1. SECURED HOLDING FACILITIES A. Juveniles taken into police custody for other than status offenses or those enumerated

offenses in Directive 5.5, Section 1, will be investigated and processed at the location

indicated below:

DISTRICT OF

DISTRICT OF OCCURRENCE INVESTIGATION/PROCESSING

1st, 3rd, 17th 1st District, 24th and Wolf

2nd, 7th, 8th, 15th 15th District, Harbison and Levick

5th, 14th, 35th, 39th 35th District, Broad and Champlost

6th, 9th, 22nd 9th District, 21st and Hamilton

12th, 16th, 18th, 19th 18th District, 55th and Pine

24th, 25th, 26th 24th District, 3901 Whitaker Avenue

____________________________________________________________________________


Issued Date: 08-12-14 Effective Date: 08-12-14 Updated Date:

DIRECTIVE 5.5 - 1 APPENDIX “B”


APPENDIX “B”

SUBJECT: NON-SECURED HOLDING FACILITIES ______________________________________________________________________________

1. NON-SECURED HOLDING FACILITIES A. Every police division has a non-secured holding facility. These non-secured holding

facilities are where juvenile Status Offenders are detained. A Status Offender is a

juvenile who is taken into custody for an offense that if it were committed by an adult,

that adult would not be taken into police custody (i.e., Curfew, Runaway, Truancy and

Incorrigibility).

B. When a Status Offender is transported to a non-secured holding facility, they may not

be locked in a room, handcuffed to a stationary object or in any way be held in a

secured manner. They must not be held with other juvenile offenders who are in

custody for delinquent offenses. In addition, the police who are detaining the youth

must keep Status Offenders under continuous sight observation. Juvenile offenders

may not be incarcerated with adult prisoners and must be kept sight and sound separate

from adult prisoners. (PLEAC 4.7.1c)

C. Non-Secured Holding Locations:

South Division 17th District

Southwest/West Division 12th District

Central Division 6th District

East Division 26th District

Northeast Division 8th District

North/Northwest Division 14th District

______________________________________________________________________________



DIRECTIVE 5.5 - 1 APPENDIX “C”


APPENDIX “C”

SUBJECT: TRUANCY ______________________________________________________________________________

1. POLICY A. Police officers will stop and investigate all juveniles who are subject to compulsory

school attendance and are observed on the highways or in business establishments

during the time that school is in session.

B. "Compulsory School Age" shall mean the period of a juvenile’s life from the time the

juvenile’s parents elect to have them enter school, which shall not be later than at the

age of eight (8) years, until the age of seventeen (17) years. (24 P.S. 13-1326)

______________________________________________________________________________

2. ENFORCEMENT A. Juveniles stopped for suspected truancy will NOT be taken to a police facility unless

the investigation reveals that the juvenile is wanted or additional charges are being

placed against them as a result of the truancy investigation.

1. PCIC/NCIC checks will be made on all suspected truants via Police Radio.

B. Juveniles who are found to be absent from school without a legitimate reason will be:

1. Transported to the office of the principal in the school in which the juvenile is

registered if the school is in session and the school is located in the district where

the juvenile was stopped.

2. If the school is not in the district of occurrence, then transport the juvenile home if

they reside in the district where stopped.

3. If the juvenile is stopped outside the district where their school is located and

outside the district in which the juvenile resides, direct the juvenile to return to

school/home.


DIRECTIVE 5.5 - 2 APPENDIX “C”

______________________________________________________________________________

3. REPORTING PROCEDURE A. When an officer stops a suspected truant and after an investigation it is determined that

they are truant, the officer will prepare a Pedestrian Investigation Report (75-48A) and

a Juvenile Contact Report (75-82). Indicate on the 75-48A whether the juvenile was

returned or directed to go to school/home. Also, indicate the title and name of the

person that the juvenile was released to at school (e.g., principal) or at home (e.g.

parent or responsible adult) if one is available.

B. When a police officer stops a suspected truant, and after an investigation it is

determined that they have a legitimate reason for absence from school, the officer will

prepare a Pedestrian Investigation Report (75-48A).

C. The Operations Room Supervisor will code all Pedestrian Investigation Reports (75-

48A) (Truancy - 3129), when it has been determined by the investigating officer that

the juvenile was truant from school. In cases where the investigating officer has

determined that a juvenile has a legitimate reason for absence from school, the

Pedestrian Investigation Report (75-48A) will be coded Investigation of Person (2701).

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DIRECTIVE 5.5 - 1 APPENDIX “D”


APPENDIX “D”

*4 SUBJECT: COMPUTERIZED PA JHELD ONLINE COMPLIANCE TOOL ______________________________________________________________________________

1. POLICY

*4 A. The Computerized PA JHELD Online Compliance Tool will be prepared for all

juveniles taken into police custody regardless of the charge/investigation.

B. The flow chart will be maintained and updated UNTIL the juvenile is released to a

parent/guardian or transported to the Philadelphia Juvenile Justice Service Center

(PJJSC).

C. The six (6)-hour release time starts when the juvenile is placed in secured custody (i.e.,

placed in a locked facility or to a fixed object). It does not start at the time of arrest or

time of arrival at a police facility.

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2. PROCEDURE

A. Detaining District/Unit Supervisor will:

*4 1. Ensure the juvenile’s information is entered using the Juveniles Held (JHELD)

Online Compliance Tool created by the Pennsylvania Commission on Crime and

Delinquency (PCCD), who will maintain and update the system.

*4 2. Access the online compliance tool, which is accessible on the Police Intranet

Homepage. Once you have registered/logged in, follow the menu and enter all

information accurately. The system will no longer require a sequence number.

Instead of obtaining a sequence number, the four digit year, district of arrest and the

full District Control Number (DC#) format will be used (i.e., 2017-00-123456).

All time entered must be in military (24 hr format) time.

*4 3. On the Juvenile Flow Chart (75-602), the sequence number is no longer required,

however the form must be completed and accompany the juvenile along with the

juvenile release form.


DIRECTIVE 5.5 - 2 APPENDIX “D”

*4 4. Ensure the updated information concerning the processing of the juvenile is

entered, particularly the release date and time. If the juvenile is removed from

secured holding during the six (6) hour period for any reason, such as processing,

fingerprinting, bathroom usage, interview, etc., this will be recorded by using the

“NOTE” section at the bottom of the screen.

*4 5. Ensure all information entered into the PA JHELD system for juveniles being

held in secured custody is accurate, complete and updated in a timely fashion.

*4 B. Commanding Officers, Detaining Districts/Units will:

*4 1. On the first day of each month, submit the districts/units previous monthly log

within the PA JHELD system by using the “Monthly Logs Complete/Submit”

button at the top of the screen. This log will be sent electronically to the

Divisional Inspector, the Strategic Planning Unit (PPD2020), Regional Operation

Command (ROC) and the PCCD Philadelphia Eastern Regional Liaison for review.

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BY COMMAND OF THE POLICE COMMISSIONER

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DIRECTIVE 5.5 - 1 APPENDIX “E”


APPENDIX “E”

SUBJECT: TRANSFER OF JUVENILES FROM POLICE CUSTODY TO PHILADELPHIA JUVENILE JUSTICE SERVICE CENTER (PJJSC) OR YOUTH EMERGENCY SERVICES (YES) ______________________________________________________________________________

1. POLICY

A. It is the policy of the Philadelphia Police Department to promptly release any juvenile

from police custody after completion of processing.

B. Whenever a juvenile has been in a police facility for 4 1/2 hours or longer, has

completed processing or it is anticipated that the processing will be completed shortly,

and the parents or legal guardian(s) have not arrived to pick up the juvenile, (reasonable

efforts having been made per Directive 5.5, Section 6), or if the parents are unable to

provide transportation to pick them up, the following procedure will be initiated:

1. It will be the responsibility of the Operations Room Supervisor (ORS) to contact

the Philadelphia Juvenile Justice Service Center (PJJSC) regarding pick up and or

placement of the juvenile.

a. In the event PJJSC is unable to arrange transportation, the ORS will assign

officers to transport the juvenile to a PJJSC recommended facility. (Example

Youth Emergency Services {YES}).

2. PJJSC/YES will arrive at the holding district where they will provide proper

identification which will be recorded on the district S&R by the ORS along with

the date, time and name of the juvenile being released. A notation will be placed

on the Juvenile Flow Chart. The ORS will give the PJJSC/YES worker the

appropriate copies of the Juvenile Release Form (75-411) and ensure the employee

signs the 75-411 to show transfer of custody.

3. The District ORS will enter on S&R the name, DC#, and address of each juvenile

transported along with the date, time and location where the juvenile was taken,

plus any unusual circumstances concerning the non-release of the juvenile.


DIRECTIVE 5.5 - 2 APPENDIX “E”

5. If the parent is not located or conditions exist that indicate it would be detrimental

to the juvenile's well being, the PJJSC/YES personnel will take the juvenile to their

respective shelter and then deliver them to the PJJSC in the morning for an intake

interview. PJJS/YES will notify the "holding facility" operations of when and

where they have taken each juvenile transported from a police facility and/or what

conditions existed that made it necessary to protect the juvenile.

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