Police Manual, Woodbridge PD NJ, 2011
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WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures POLICE STATION OPERATIONS Chapter: 390 Volume Three: The Personnel Structure Date(s): Authority General Order #: Effective: 05-09-97 Chief Wm. Trenery 97-006 Revised: Jan. 24, 2001 Chief Wm. Trenery 01-001 Revised: 04-07-08 Chief Wm. Trenery 08-003 Revised: 11-01-11 Director R. Hubner 11-003 Revised: 01-11-12 Director R. Hubner 11-003 LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: File #: 390-971 390-011 390-081 390-111 390-121 390:1 POLICY & PROCEDURES: 390.1.1 POLICY: It is the policy of the Woodbridge Police Department to maintain Police headquarters in a safe, sanitary, and secure fashion at all times. 390.1.2 PURPOSE: The purpose of this policy is to provide all members of the department with a basic understanding of their responsibilities as it relates to the basic operations of the police station. All members of this department shall adhere to this policy and procedures at all times. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures MONITORING & RESPONDING TO ALARMS Chapter: 864 Volume Eight: Auxiliary & Technical Services Date(s): Authority General Order #: Effective: June 13, 1997 Chief Wm. Trenery 97-009 Revised: Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 81.2.13 File #: 864-971 864.1 POLICY & PURPOSE: 864.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to respond to alarm activation's received by any means, as well as to alarm notifications received from central station monitoring services. 864.1.2 PURPOSE: The purpose of this policy is to specify procedures for dispatching and responding to alarm activations. SOP WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures ALTERNATE CARE FOR AN ARRESTEE'S DEPENDENTS Chapter: Volume One: 124 Law Enforcement Role & Responsibilities Date(s): Authority Effective: 03-18-97 Chief Wm. Trenery Revised: Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: General Order #: 97-002 File #: 124-971 124.1 POLICY & PURPOSE: 124.1.1 POLICY: It will be the policy of this agency to provide to persons taken into custody a reasonable opportunity to arrange for the care of children or other persons who may be dependent upon an arrestee for their care, sustenance and supervision. When the arrestee is unable to arrange for the care of said dependent persons, this department will notify the appropriate municipal, county and state agencies of the need for alternate care for the arrestee's dependents. This department will not take direct responsibility for providing alternate care for an arrestee's dependents. 124.1.2 PURPOSE: The purpose of this policy is to reasonably insure that children or other persons dependent upon an arrestee for their care, sustenance or supervision are provided with alternate care, sustenance or supervision as arranged for by the arrestee or an appropriate agency. While the need for alternate care for an arrestee's dependents is to be determined, the existence of arrestee dependents should not be the determining factor as to whether the arrestee is held in custody or released. Where a summons in lieu of arrest is inappropriate or the taking into custody is required by law, public safety or safety of the arrestee, the individual should be held until released in accordance with the law. file:///PLN-DC01/DATA/New%20to%20post/Publications/124-971%20alternate%20care%20arrestee%20dependents.html[2/18/2016 4:20:51 PM] SOP 124.2 PROCEDURES: 124.2.1 ARRESTEE WITH DEPENDENTS PRESENT AT THE TIME OF ARREST: Whenever an arrestee is taken into custody and is accompanied by a child or other person dependent upon the arrestee for care, sustenance or supervision, the following procedures are to be followed A. If another appropriate adult is present with the arrestee, the arrestee will be permitted to place the dependent child or dependent person in the care of that adult. B. If another appropriate adult refuses to accept custody of the dependent, or another appropriate adult is not present, the dependent may be transported to police headquarters. The dependent person may be transported with the arrestee or in a separate vehicle as required by the circumstances. 1. If the situation is such that the dependent person must remain at the scene, the Officer in Charge shall insure that an officer or other official person temporarily remains at the scene with the dependent person while the arrestee concurrently makes arrangements from police headquarters for the alternate care of the dependent. C. An arrestee shall be permitted a reasonable opportunity to make arrangements by telephone for the alternate care of a dependent. When contact cannot be made by telephone, an officer from this agency, or the appropriate police department, shall be assigned to make the necessary notifications. 1. Where the arrestee is unable to make arrangements for the alternate care of the dependent(s), the Officer in Charge may notify one or more of the following agencies for assistance with placement of the dependent(s). a. DYFS: The first attempt at placement should be made by calling the Division of Youth and Family Services. b. In the event DYFS is unable to assist, the Middlesex County Crisis Intervention Unit may be able to provide assistance. c. Other resources may include the N.J. Division on Aging, the Office of Handicapped and Disabled Adults, and the Division of the Developmentally Disabled. 2. The arrestee shall be informed as to the agency taking charge of his/her dependents. 124.2.2 ARRESTEE WITH DEPENDENTS NOT PRESENT AT THE TIME OF ARREST: Whenever an arrestee is taken into custody and is likely to be detained more than two hours, the arresting officer shall question the arrestee as to whether or not any child or other person is dependent solely upon the arrestee for care, sustenance or supervision. A. When it is determined that the arrestee is the sole provider of care, sustenance or supervision for a child or other dependent person the arrestee shall be permitted a reasonable opportunity to make arrangements by telephone for alternate care for those dependents. When contact cannot be made by telephone, an officer from this or other appropriate police department shall be assigned to make the necessary notifications. 1. Where the arrestee is unable to make arrangements for the alternate care of the dependent(s), the Officer in Charge may notify one or more of the following agencies for assistance with placement of the dependent(s). a. DYFS: The first attempt at placement should be made by calling the Division of Youth and Family Services. b. In the event DYFS is unable to assist, the Middlesex County Crisis Intervention Unit may be able to provide assistance. c. Other resources may include the N.J. Division on Aging, the Office of Handicapped and Disabled Adults, and the Division of the Developmentally Disabled. 2. The arrestee shall be informed as to the agency taking charge of his/her dependents. 124.3 file:///PLN-DC01/DATA/New%20to%20post/Publications/124-971%20alternate%20care%20arrestee%20dependents.html[2/18/2016 4:20:51 PM] SOP BAIL REQUIREMENTS: 124.3.1 BAIL: The Officer in Charge shall contact the judge as soon as possible for the setting of bail. If the arrestee has dependents requiring the arrestee's' care, the judge is to be informed of this and of the arrangements made for the temporary care of the those dependents. 124.4 REQUIRED REPORTS: 124.4.1 REPORTING REQUIREMENTS: When an arrestee has dependents requiring their care, officers shall indicate this information in the arrest report (juvenile section) detailing the arrangements made for the care of the dependent(s). A. The report shall state the person or agency taking charge of the dependent, the name of the agency's representative and phone number, and information on how the arrestee can regain custody of the dependent person(s) when released from custody. file:///PLN-DC01/DATA/New%20to%20post/Publications/124-971%20alternate%20care%20arrestee%20dependents.html[2/18/2016 4:20:51 PM] SOP WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures ARREST PROCEDURES Chapter: Volume One: 115 Law Enforcement Role & Responsibilities Date(s): Authority General Order #: Effective: Sept. 28,1998 Chief Wm. Trenery 98-025 Revised: Sept. 28, 2001 Chief Wm. Trenery 01-005 Revised: July 17, 2003 Chief Wm. Trenery 03-005 Revised: March 22, 2004 Chief Wm. Trenery 04-001 Revised: October 1, 2007 Chief Wm. Trenery 07-007 Revised: October 15, Chief Wm. Trenery 08-006 2008 Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 1.2.5, 74.3.1, 82.3.7 File #: 115-981 115-011 115-031 115-041 115-071 115-081 115.1 POLICY & PURPOSE: 115.1.1 POLICY: It is the policy of this department to protect the constitutional rights of arrested individuals, and to ensure uniform handling of all arrests in compliance with all local, state and federal statutes, case law, and the Constitutions of the State of New Jersey and the United States of America. 115.1.2 PURPOSE: The purpose of this policy is to outline procedures and give guidance to personnel when making arrests. 115.1.3 DEFINITIONS: A. ARREST: An arrest may be defined as a substantial interference with the liberty of a person, resulting in his apprehension and detention. An arrest may be effectuated “actually” or “constructively”. An actual arrest occurs when an officer intentionally employs physical force and delivers a formal communication of his present intention to arrest (i.e., “You are under arrest!”). A constructive arrest occurs without an intentional use of force and without a formal statement indicating an intention to take the person into custody. Moreover, in constructive arrest situations, the power or authority of the arresting officer, along with his or her intention to effectuate an file:///PLN-DC01/DATA/New%20to%20post/Publications/115-081%20arrest%20procedures.html[2/18/2016 4:20:19 PM] SOP arrest, is implied by all the circumstances surrounding the encounter. In order to determine if an arrest has occurred, the relative inquiry will be whether, in view of the totality of the circumstances surrounding the policecitizen encounter, “a reasonable person would have believed that he or she was not free to leave.” B. PROBABLE CAUSE: This term implies a level of proof greater then “reasonable suspicion” but less than actual proof. Its threshold is reached when the “specific and articulable facts” aided by the rational inferences drawn therefrom, not only support a reasonable basis for suspicion, but magnify that suspicion to such an extent that a reasonable person, objectively viewing all the facts, would be excited to the belief that an offense did, in fact, occur, and the person in question is, in fact, a criminal participant. C. PRESENCE: Any situation that the officer can determine is occurring by use of one of his senses. 115.2 ARRESTS 115.2.1 PREREQUISITES TO ARRESTS: An officer may effect an arrest under the following circumstances: A. The officer has a valid, judicially authorized warrant for the suspect’s arrest. B. If the crime committed is an indictable offense (offense punishable by more than one year in state prison) and the officer has probable cause to believe the suspect is the one who committed the crime, or the crime occurred in the officer’s presence. C. If the offense is less serious than an indictable offense the officer can still make an arrest without a warrant if the offense occurred in his presence. An admission of guilt is considered the equivalent to “in the officer’s presence” for these purposes. D. Certain non-indictable offenses subject the offender to arrest even though the officer does not have an arrest warrant and the offense did not occur in the officer’s presence. Those offenses are: 1. Shoplifting (2C:20-11). 2. Theft of Library Materials (2C:20-14b). 3. Any of the enumerated offenses under Domestic Violence Act (2C:25-21). 4. Driving While Intoxicated (39:4-50). 115.2.2 GENERAL GUIDELINES FOR ARRESTS: A police officer making an arrest should identify himself/herself to the person being arrested. The officer should also indicate the crime for which the suspect is being arrested. If the arresting officer has a warrant, it should be exhibited. If the warrant is not in the arresting officer's possession at the time of the arrest, the person arrested should be informed of the offenses charged and the fact that a warrant has been issued. 115.2.3 ARREST WITH A WARRANT: An arrest warrant has the purpose of interposing a probable cause determination by a neutral and detached magistrate/judge between the officer and the person to be arrested. When an arrest warrant issues, it demonstrates that a detached and neutral magistrate/judge has determined that probable cause exists to believe that the subject of the warrant has committed an offense. As such, the warrant necessarily serves to protect individuals from unreasonable seizures (e.g., arrests). Warrants are always preferred when making an arrest. Arrest without a warrant is considered to be the exception to the rule. Once armed with an arrest warrant, the officer has the right to execute the warrant any place in the State {R. 3:3-3(b)} and by arresting a defendant at his/her home. In situations where the arrestee is to be found in the home of a third party and where no exigent circumstances prompting the need for immediate police action exist, the police must always obtain a search warrant if they wish to execute the arrest warrant for the arrestee within the residence. A warrant is not needed if the owner or person in charge of the residence provides consent for the search. file:///PLN-DC01/DATA/New%20to%20post/Publications/115-081%20arrest%20procedures.html[2/18/2016 4:20:19 PM] SOP 115.2.4 EXECUTION OF A WARRANT: The arrest of the person named in the warrant is termed the “execution” of the warrant. A person arrested under a warrant shall be taken without unnecessary delay before the court named in the warrant (See SOP 840: Criminal Process for additional guidance). 115.2.5 ARREST WITHOUT A WARRANT: As a general rule, the Constitution permits an officer to arrest a suspect in any public place without a warrant if there is probable cause to believe that the suspect has committed or is presently committing a criminal offense. The Fourth Amendment permits such warrantless criminal arrests even if the officer had sufficient time to obtain a warrant. This rule applies to all indictable offenses (punishable by more then one year in state prison), any of the disorderly persons/petty disorderly persons offenses identified as being exceptions, any crime/offense enumerated under the Domestic Violence Act (2C:25-21), or any crime/offense which occurs in the officer’s presence. 115.2.6 PROCEDURES FOR THE PROCESSING OF SUSPECTS ARRESTED WITHOUT A WARRANT (N.J. COURT RULE 3:4-1): A. A person arrested without a warrant for any offense shall be taken, without unnecessary delay, before the nearest available committing judge. B. A person arrested without a warrant for one of the following criminal offenses, or any conspiracies or attempts to commit such offenses: 1. Murder 2. Aggravated Manslaughter 3. Manslaughter 4. Kidnapping 5. Robbery 6. Aggravated Assault 7. Burglary 8. Arson 9. Aggravated Arson 10. Sexual Assault 11. Aggravated Sexual Assault 12. Aggravated Criminal Sexual Contact 13. Criminal Sexual Contact 14. Any crime involving the possession or use of a firearm 15. Any 1st or 2nd degree drug (2C:35) violation. Shall be taken to the station where: 1. All post arrest identification procedures will be completed, as required by law; 2. A complaint-warrant shall be prepared immediately; AND 3. The judge will be contacted, without unnecessary delay, for the purposes of making a bail determination. C. A person arrested without a warrant for an offense not listed in the above paragraph shall be taken to the station where the arresting officer shall: 1. Complete all post-arrest identification procedures required by law; 2. Prepare a complaint-summons; 3. Issue the complaint-summons to the person arrested; AND 4. Release the arrested person in lieu of continued detention. D. The officer in charge has the discretion not to prepare a complaint-summons if he determines that any of the following conditions exists: 1. The person has previously failed to respond to a summons. 2. There is reason to believe that the person is dangerous to himself, to others, or to property. file:///PLN-DC01/DATA/New%20to%20post/Publications/115-081%20arrest%20procedures.html[2/18/2016 4:20:19 PM] SOP 3. There is one or more outstanding arrest warrant(s) for the person. 4. The prosecution of the offense/offenses for which the person is arrested or that of other offense/offenses would be jeopardized by the immediate release of the person; 5. The person cannot provide satisfactory evidence of personal identification, or 6. There is reason to believe the person will not appear in response to a summons. E. If the officer in charge determines that one of the conditions in the above paragraph applies, the arresting officer shall: 1. Immediately prepare a complaint-warrant; AND 2. The judge will be contacted, without unnecessary delay, for the purposes of making a bail determination. 115.3 CITIZEN INITIATED COMPLAINTS 115.3.1 DOMESTIC VIOLENCE COMPLAINTS: Officers are directed to follow the procedures outlined in SOP 652: Domestic Violence. 115.3.2 CITIZEN INITIATED COMPLAINT SIGNING PROCEDURE: A. COMPLAINTS INVOLVING SHOPLIFTING (2C:20-11B) OR THEFT OF LIBRARY MATERIALS (2C:2014): In cases where a private citizen desires to sign a complaint for Shoplifting or Theft of Library Materials, and the defendant is in the custody of police, a police officer will prepare the complaint. The complaint will be signed by the private citizen and jurated by the officer in charge. The officer in charge will contact the on call judge who will make a bail determination. B. DOMESTIC VIOLENCE CRIMINAL COMPLAINTS (2C:25-21): Officers are directed to follow the procedures outlined in SOP 652: Domestic Violence. C. OTHER CITIZEN COMPLAINTS: A citizen desiring to sign criminal complaints must first have the police department complete an investigation report. Citizens will then be directed to file their complaint with the municipal court during normal court hours. If emergent circumstances require the immediate filing of a criminal complaint, the officer in charge will direct an officer to prepare the complaint form. The complaint will be signed by the private citizen and jurated by the officer in charge. The officer in charge will contact the on call judge who will make a bail determination. 115.4 POST ARREST PROCESSING AND BAIL 115.4.1 POST ARREST PROCESSING: Post arrest identification and processing activities will be completed for all persons under arrest, within the following guidelines. A. FINGERPRINTING AND PHOTOGRAPHS: Criminal justice agencies must fingerprint and photograph any person and forward one state and one federal fingerprint card to the State Bureau of Identification without delay in the following circumstances. In addition, a complete booking packet (fingerprint cards, photos, and arrest reports) will be forwarded to the Middlesex County Sheriff’s Department’s ID Bureau. 1. When an adult is arrested for an indictable offense (NJSA 53:1-15). 2. When an adult is arrested for a violation of any state law relating to narcotics or dangerous drugs, whether indictable or otherwise (NJSA 53:1-18.1). 3. Within a reasonable time after the filing of a complaint summons by a law enforcement officer charging the adult defendant with an indictable offense (NJSA 53:1-15). 4. Where an adult is arrested for shoplifting (NJSA 53:1-15). file:///PLN-DC01/DATA/New%20to%20post/Publications/115-081%20arrest%20procedures.html[2/18/2016 4:20:19 PM] SOP B. C. D. E. F. 5. Where an adult is arrested for prostitution (NJSA 53:1-15). 6. Where an adult is convicted of a non-indictable offense and the identity of the person convicted is in question (NJSA 53:1-15). The disposition shall be listed on the front of the state fingerprint card, the sentence and date on the back of the fingerprint card. 7. Where an adult is charged in an indictment/accusation and has not been arrested or fingerprinted for the charges (NJSA 53:1-15) the indictment number shall be listed on the front of the state fingerprint card. 8. Where an adult is arrested and believed to be wanted for an indictable offense (NJSA 53:1-15) 9. Where an adult is arrested and believed to be a habitual criminal (NJSA 53:1-15). 10. When a person is arrested for any Domestic Violence offense where ANY of the following four circumstances are met: a. the victim exhibits signs of injury caused by an act of domestic violence; b. a warrant is in effect; c. there is probable cause to believe that the person has violated a judicial order in N.J.S.A. 2C:29-9 and there is probable cause to believe that the person has been served with that order, or d. there is probable cause to believe that a weapon as defined in N.J.S.A. 2C:39-1 has been involved in the act of domestic violence. DIGITAL PHOTOGRAPHS: A digital photograph will be taken of all adults as part of the standard post arrest processing. WARRANT CHECK: The arresting officer shall ensure the following checks are made concerning the arrestee. 1. In house warrant file. 2. Warrant file of the local agency where the arrestee resides. 3. SCIC/NCIC 4. ACS/ATS. VICTIM/WITNESS NOTIFICATIONS: The arresting officer shall ensure all appropriate victim/witness notifications are made. For additional information see SOP 650: Victim/Witness, and SOP 652: Domestic Violence. CARE OF DEPENDENTS: For this requirement see SOP 124: Alternate Care for an Arrestee’s Dependents. BAIL: The purpose of bail is to ensure that the defendant appears in court when directed to do so. The bail amount must be reasonable. If it is determined that a warrant should issue, the accused may still be released without the necessity of posting bail, unless it is found that there is substantial risk that the accused will not appear when required. 1. JUSTIFICATION: In making this determination, the following factors shall be taken into account: a. The nature of the offense presently charged (violent versus non-violent). b. The apparent probability of conviction and the extent of the probable sentence. c. The length of the defendant’s residence in the community. d. Employment status/history. e. Reputation, character, physical and mental condition. f. Defendants criminal record, if any, and previous record on bail, if any. g. The identity of any responsible members of the community who would vouch for the defendant’s reliability. h. Any other factors indicating the defendant’s mode of life or ties to the community or hearing on the risk of failure to appear. 2. SETTING BAIL: Bail for all matters must be set by a judge. If there is no judge present in court, the officer in charge will contact the judge via telephone for the purpose of setting bail. As a matter of policy, summons and release shall be the rule, unless it is found that there is a substantial risk that the accused will not appear when required, as outlined above. 115.4.2 IMMIGRATION AND CUSTOMS ENFORCEMENT: A. Whenever an officer makes an arrest for any indictable crime or driving while intoxicated, the arresting officer, or his designee, as part of the arrest process, shall inquire about the arrestee’s citizenship, nationality, and immigration status. file:///PLN-DC01/DATA/New%20to%20post/Publications/115-081%20arrest%20procedures.html[2/18/2016 4:20:19 PM] SOP 1. If the officer has reason to believe that the arrestee may not be lawfully present in the United States, the officer shall notify Immigration and Customs Enforcement (ICE) during the arrest process. The only exception to this requirement shall be if the Middlesex County Prosecutor’s Office or the Director of the Division of Criminal Justice determines, in writing, that good cause exists to refrain from notifying ICE during the arrest booking process. 2. Notification to ICE may be made telephonically, by facsimile transmission, or by such other means as ICE may provide. See Appendix A of this policy for notification information. The officer shall document when and by what means notification to ICE was made, the factual basis for believing that the person may be an undocumented immigrant, and the name of the ICE officer notified. 3. Whenever a law enforcement officer notifies ICE about a suspected undocumented immigrant, notification shall also be made to the Middlesex County Prosecutor’s Office and to any court officer setting bail or conditions of pretrial release. 4. The officer shall complete the “Middlesex County – U.S. Immigration and Customs Enforcement Notification/Inquiry Form” whenever notification is made through ICE. A copy of the completed form must be faxed to the Middlesex County Prosecutor’s Office Counter-Terrorism/Intelligence Services Unit and a copy must be attached to the Criminal Complaint for the Zone Prosecutor review. The original will be attached to the white copy of the arrest report. 5. When filling out the Immigration and Customs Notification Inquiry Forms the communications operator MUST send an NLETS message to Immigration Alien Inquiry (IAQ) completing all of the information. The officer MUST send a copy of the IAQ Response to the County along with the form and any other reports being faxed. A copy must also be attached to the criminal complaint (if one is completed). The response may take up to 30 minutes to receive. The officer MUST fill in all of the sections of the form (including a Supervisor's signature) prior to faxing the reports. 6. Notification to the Court: If a law enforcement officer is using the E-CDR to charge the defendant with an indictable crime, a dialogue box will appear on the screen asking the officer if he has reason to believe the defendant is an illegal immigrant. If the officer answers affirmatively, then the officer is prompted to enter the basis for the conclusion as to immigration status by checking all of the following that apply: Absence of legal documentation; ICE confirmation; ICE contacted/awaiting reply; ICE replied – no record found; Defendant admission or other statements; and Other (Specify). B. PROHIBITION ON IMMIGRATION STATUS INQUIRY OF VICTIMS AND WITNESSES: No law enforcement officer shall inquire about or investigate the immigration status of any victim, witness, potential witness, or person requesting or receiving police assistance. An exception to this requirement shall exist if: 1. The County Prosecutor or the Director of the Division of Criminal Justice determines, in writing, that good cause exists to inquire about or investigate the person’s immigration status; OR 2. As may be constitutionally or otherwise legally required during the criminal litigation discovery process. C. PROHIBITION OF RACIALLY-INFLUENCED POLICING: 1. No law enforcement officer shall at any time engage in conduct constituting racially-influenced policing, as defined in SOP 501, Profiling and Discriminatory Practices. Officers or employees shall make inquiry to all persons arrested for any indictable crime or driving while intoxicated, regardless of the arrestees race or ethnicity. file:///PLN-DC01/DATA/New%20to%20post/Publications/115-081%20arrest%20procedures.html[2/18/2016 4:20:19 PM] WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures USE OF DISCRETION & ALTERNATIVES TO ARREST Chapter: 120 Volume One: Law Enforcement Role & Responsibilities Date(s): Authority General Order #: File #: Effective: 05-09-97 Chief Wm. Trenery 97-006 120-971 Revised: 05-05-09 Chief Wm. Trenery 09-003 120-091 Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: Diplomatic Relations Act of 1978 (P.L. 95-393) ACCREDITATION STANDARDS REFERENCES: 1.2.6, 1.2.7, 61.1.2, 61.1.3, 74.3.1 120.1 POLICY & PURPOSE: 120.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to clarify and define the limits of authority as it pertains to the enforcement of laws, the overall use of “discretion”, and alternatives to arrest 120.1.2 PURPOSE: The purpose of this policy is to identify and clarify the department's position on officers' discretionary powers, as it relates to a variety of tasks. The sole motivation for providing defined parameters of discretionary power is principally to establish a standard of police response within the agency and to comply with all mandated and legal requirements of the position of “law enforcement officer”. Much of what the police are empowered to do extends over a wide spectrum of activities. The police are called upon to make serious decisions that will directly impact upon an individual's liberty, and in the extreme cases, the taking of a life. Those activities which carry serious implications tend to be much more restrictive when it comes to an officer's ability to exercise discretionary powers. On the other hand, the routine type of tasks that an officer performs tends to allow for much broader parameters in which the officer may choose how he/she will handle a given situation. In the performance of the law enforcement function, it is recognized that formal legal action is only one of several alternative methods available to officers to achieve the police mission. When investigating misconduct and/or criminal activity, officers are empowered, in certain situations, to use discretion in dealing with individuals. The overall use of discretion by officers is guided and framed by law, by policies and procedures, by training, and by supervision. Members of the department are charged to use their discretionary powers in such a manner as is consistent with their “Oath of Office”, the Law Enforcement “Code of Ethics”, the principals of professionalism, and the objectives of the department. Individual discretion is limited, however, in certain situations due to a variety of circumstances, as will be outlined herein, as well as within other departmental regulations and policies. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures ARSON/ENVIRONMENTAL CRIME INVESTIGATIONS Chapter: 526 Volume Five: Law Enforcement Operations Date(s): Authority General Order #: Effective: May 20, 1998 Chief Wm. Trenery 98-009 Revised: Sept. 28, 2001 Chief Wm. Trenery 01-005 Revised: July 17, 2003 Chief Wm. Trenery 03-005 Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: File #: 526-981 526-011 526-031 526.1 POLICY & PURPOSE: 526.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to comply with the Middlesex County Prosecutor’s Office “Arson/Environmental Crimes Investigation Policy.” 526.1.2 PURPOSE: The purpose of this policy is to create coordination among the various agencies involved in arson investigation, to include the Woodbridge Township Police Department, the Woodbridge Township Fire Departments, and the Middlesex County Prosecutor’s Office. Arson, in terms of human life and property, has become the most costly crime in New Jersey. Therefore, through the cooperation, coordination, professionalism and an enhanced working relationship between the County Prosecutor’s Office and Local, State and Federal Agencies, successful investigations can lead to effective prosecutions. To that end the Middlesex County Prosecutor’s Office has expanded the scope and listed protocols to heighten our ability to identify fires as incendiary and to attain an increased number of successfully prosecuted arson/environmental crime related indictments. The Prosecutor’s Office has the Arson/Environmental Crimes Unit (A/ECU) as part of its Special Investigations Unit, which includes the previously titled “Arson Task Force” and all its functions. Nevertheless, there is still a need for additional work, particularly to coordinate all of our resources and to maintain our quest to upgrade the detection of incidents of suspected arson and environmental crimes, which includes Weapons of Mass Destruction (WMD). This policy will address the specific requirements of each agency's role in the investigation of arson and environmentally related crimes. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures BIOLOGICAL/CHEMICAL AGENTS Chapter: 568 Volume Five: Law Enforcement Operations Date(s): Authority General Order #: Effective: July 18, 2002 Chief Wm. Trenery 02-003 Revised: Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: File #: 568-021 568.1 POLICY & PURPOSE: 568.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to have operational procedures in place for the emergency response to possible chemical and/or biological exposures. Because there are many variables involved in the development of precise plans for specific situations, it is impossible to develop plans for each type of occurrence. As such, this policy will contain generic guidelines for those situations that result from chemical and/or biological exposure. 568.1.2 PURPOSE: The purpose of this policy is to inform members on how to respond and assess incidents involving suspected biological and/or chemical agents. This would include mail, packages and potential large-scale contamination. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures BOMB THREAT-EMERGENCY Chapter: 563 Volume Five: Law Enforcement Operations Date(s): Authority General Order #: Effective: Oct. 27, 1997 Chief Wm. Trenery 97-014 Revised: 11-10-05 Chief Wm. Trenery 05-003 Revised: 02-21-12 Director R. Hubner 11-003 Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 15.1.1, 46.1.2, 46.1.4 File #: 563-971 563-051 563-121 563.1 POLICY & PURPOSE: 563.1.1 POLICY: A bomb threat made against any person or place must be taken seriously by all personnel. Coordination between all units involved, both within and outside the agency, is essential to minimize the danger. Therefore it shall be the policy of the Woodbridge Township Police Department to establish procedures for department personnel to respond to a bomb threat or explosion in order to minimize the chances of personal injury and/or property destruction. 563.1.2 PURPOSE: The purpose of this policy is to implement procedures for all personnel who may be involved in a bomb threat or bomb emergency. The primary cause of concern in such situations is the safety of those citizens in close proximity to the emergency, and those responding to the call. This policy will outline those procedures necessary to contribute to the safe and efficient handling of such emergencies. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures BURGLARY INVESTIGATIONS Chapter: 528 Volume Five: Law Enforcement Operations Date(s): Authority General Order #: Effective: July 9,1998 Chief Wm. Trenery 98-019 Revised: March 15, 2012 Director R. Hubner 11-003 Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: Chapter 42 File #: 528-971 528-121 528.1 POLICY & PURPOSE: 528.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to fully investigate all break and entry complaints. All officers are expected to adhere to the guidelines established within this policy whenever possible. Officers investigating a break and entry are required to submit a detailed police report which outlines the results of their investigations. 528.1.2 PURPOSE: The purpose of this policy is to ensure the proper and accurate investigation into a break and entering incident. Outlined within this procedure are the guidelines that should be followed while conducting same. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures COMMUNICATIONS CENTER Chapter: 860 Volume Eight: Auxiliary & Technical Services Date(s): Authority General Order #: File #: Effective: Jan. 29, 1998 Chief Wm. Trenery 98-001 860-971 Revised: April 23, 2004 Chief Wm. Trenery 04-002 860-041 Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 81.2.1, 81.2.2, 81.2.3, 81.2.6, 81.2.8, 81.2.9, 81.2.10, 81.3.1, 81.3.2, 81.3.3, 81.3.4, 82..1.9 860.1 POLICY & PURPOSE: 860.1.1 POLICY: It is the policy of the Woodbridge Township Police Department to maintain a 24-Hour Communications Center designed to satisfy the immediate information needs of this department in the course of normal day to day operations, and during times of emergency. The Communications Center shall convey information from the public to this department through communications personnel, to the officer who responds to a call for assistance, to other law enforcement and public service agencies, and to information storage and retrieval subsystems. 860.1.2 PURPOSE: The purpose of this policy is to establish measures of standards and performance which are necessary for the effective and efficient operation of this department. This policy also serves to ensure that a measure of safety and security to law enforcement officers and the public is in place through the establishment of equipment and systems requirements, as well as, by operational and procedural requirements and guidelines. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures MISSING AND UNIDENTIFIED CHILDREN Chapter: 517 Volume Five: Law Enforcement Operations Date(s): Authority General Order #: File #: Effective: 03-22-04 Chief Wm. Trenery 04-001 517-041 Revised: 02-20-07 Chief Wm. Trenery 07-002 517-071 Revised: 06-05-07 Chief Wm. Trenery 07-004 517-072 Revised: 11-07-07 Chief Wm. Trenery 07-009 517-073 Revised: 07-10-08 Chief Wm. Trenery 08-004 517-081 Revised: 07-01-10 Chief Wm. Trenery 10-003 517-101 Revised: LEGAL REFERENCES: Attorney General’s Guideline on Missing or Unidentified Persons MCPO Missing Person Policy 32 ACCREDITATION STANDARDS REFERENCES: 41.2.5 41.2.6 517.1 POLICY & PURPOSE: 517.1.1 POLICY STATEMENT: It shall be the policy of this agency to thoroughly investigate all reports of missing children. Additionally, this agency holds that every child reported as missing will be considered at risk until significant information to the contrary is confirmed. Jurisdictional conflicts are to be avoided when a child is reported missing. If a missing child either resides in, or was last seen in this jurisdiction, this agency will immediately initiate the required reporting process. If a child resides in this jurisdiction and was last seen in another jurisdiction, but the law-enforcement agency covering that jurisdiction chooses not to take a missing-child report, this agency will assume reporting and investigative responsibility. Questions concerning parental custody occasionally arise in relation to missing-child reports. It shall be the policy of this agency to accept the report of a missing child even if custody has not been formally established. Reporting parties shall be encouraged to obtain legal custody as soon as possible; however, since the safety of the missing child(ren) is paramount, members of this agency will open a case when it can be shown that the child has been removed, without explanation, from his or her usual place of residence. 517.1.2 PURPOSE: The purpose of this policy is to establish guidelines and responsibilities regarding this agency’s response to reports of missing and unidentified children. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures CIVIL DISORDER Chapter: 561 Volume Five: Law Enforcement Operations Date(s): Authority General Order #: Effective: June 15, 1998 Chief Wm. Trenery 98-014 Revised: 02-10-12 Director R. Hubner 11-003 Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 15.1.1, 46.1.2, 46.1.6 File #: 561-981 561-121 561.1 POLICY & PURPOSE: 561.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to have operational procedures in place for the response to civil disorder and to emergency situations at the state correctional facility. Although there are many variables involved in the development of precise plans for specific situations; it is improbable to develop plans for each type of occurrence. As such, this policy will contain generic guidelines for those situations which involve large scale civil disorder or disobedience, and for situations at the correctional facility. 561.1.2 PURPOSE: The purpose of this policy is to provide a clear outline of responsibilities in order to prepare for, and respond to, major incidents of civil disorder. One of the more difficult problems confronting an officer is the question as to the proper approach to employ in dealing with situations potentially threatening to the community. Typically, officers may be confronted with groups of people who are congregating in the street, who may be making loud noises, starting small fires and interrupting the flow of traffic, or are faced with the threat of an escape from the correctional facility. Officers face a very difficult task in trying to deal with this type of problem, as improper tactics may result in the development of a more serious situation. Officers are placed in the difficult position of trying to assess the situation from the perspective of preserving community order, as well as consider the nature of violations which may be occurring. These guidelines have been developed in order that the department may better cope with the problems presented in situations such as those outlined above. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures COMMUNICATIONS OPERATIONS Chapter: 862 Volume Eight: Auxiliary & Technical Services Date(s): Authority General Order #: File #: Effective: June 10, 1997 Chief Wm. Trenery 97-008 862-971 Revised: Sept. 28, 2001 Chief Wm. Trenery 01-005 862-011 Revised: Nov. 7, 2001 Chief Wm. Trenery 01-007 862-012 Revised: May 21, 2002 Chief Wm. Trenery 02-002 862-021 Revised: Nov. 25, 2002 Chief Wm. Trenery 02-004 862-022 Revised: Oct. 15, 2008 Chief Wm. Trenery 08-006 862-081 Revised: LEGAL REFERENCES: Middlesex County Prosecutor’s Office Directive #34 ACCREDITATION STANDARDS REFERENCES: 41.3.7, 55.2.1, 81.2.4, 81.2.6, 81.2.7, 81.2.12 862.1 POLICY & PURPOSE: 862.1.1 POLICY: Personnel assigned to the Communications Center have been granted a great deal of authority commensurate with their various responsibilities so that they may perform their assigned duties and assignments in an expedient and efficient manner. Communications Officers are required to make several decisions as they relate to dispatching various kinds of emergency resources, making notifications to supervisory officers, providing information to general inquiries, obtaining vital information from complainants, transferring incoming telephone calls, and so on. To ensure that all Communications Officers perform at an optimum level of proficiency, specific polices and procedures will be established to cover situations which normally confront Communications Officers during their shifts. 862.1.2 PURPOSE: The purpose of this policy is to provide Communications Center personnel with clear guidelines as to how to handle calls for service and requests for information in the most efficient and effective means possible, while at the same time, working to achieve the overall mission of the police department. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures Consular Notifications Chapter: 121 Volume One: Law Enforcement Role & Responsibilities Date(s): Authority General Order #: File #: Effective: March 23, 2006 Chief Wm. Trenery 06-004 121-061 Revised: Oct. 11, 2011 Director R. Hubner 11-003 121-111 Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: Vienna Convention on Consular Relations, Apr. 24, 1963, articles 5, 36, 37, 21 U.S.T. 77, 101, State v. Cevallos-Bermo, 333 N.J. Super. 181 ACCREDITATION STANDARDS REFERENCES: 1.1.4 121.1 POLICY & PURPOSE: 121.1.1 POLICY: Under the provisions of the Vienna Convention on Consular Relations, Apr. 24, 1963, articles 5, 36, 37, 21 U.S.T. 77, 101, when foreign nationals are arrested or detained, they must be advised of the right to have their consular official notified. In some cases notification is mandatory, whether the foreign national consents to the notification or not. Further, in the event a foreign national dies, their consulate must be notified. The Vienna Convention on Consular Relations is a bi-lateral agreement between nations regarding the legal obligations that countries have towards foreign nationals in certain situations. All personnel must be aware that they are required to provide prompt notification to a foreign national’s consular officials. Failure to provide prompt notification may result in the reversal of any criminal conviction (State v. CevallosBermo, 333 N.J. Super. 181 (App. Div. 2000)) It is the policy of this department to promptly provide these notifications, where necessary, in the event a foreign national dies, or is arrested or detained. 121.1.2 PURPOSE: The purpose of this police is to comply with the provisions of the Vienna Convention on Consular Relations regarding notifications to consulate officials in the event foreign nationals die, or are arrested or detained. 121.1.3 DEFINITIONS: file:///PLN-DC01/DATA/New%20to%20post/Publications/121-111%20Consular%20Notification.html[2/18/2016 4:20:35 PM] A. FOREIGN NATIONAL: This term refers to any person who is not a United States citizen, regardless of legal status in the United States. 121.2 GENERAL GUIDELINES 121.2.2 GENERAL GUIDELINES FOR ARRESTS OF FOREIGN NATIONALS: Any Foreign National who is arrested, detained or taken into custody, shall be informed without delay that they have the right to inform his nation's consul of his situation. Any such Foreign National shall be free to communicate with consular officials of his nation. Consular Officials shall be free to visit, converse and correspond with any such Foreign National and to arrange for his legal representation. Also, any correspondence from Consular Officials to such Foreign Nationals, shall be delivered without delay. A. When foreign nationals are arrested or detained, they must be advised of the right to have their consular officials notified 1. Some countries require that the nearest consular official must be notified of the arrest or detention of a foreign national, regardless of the foreign national’s wishes. 2. When a government official becomes aware of the death of a foreign national, consular officials must be notified. This will permit the foreign government to make an official record of the death for its own legal purposes, such as canceling passports, etc. This provision does not supersede any required notification to the next of kin as provided in the Attorney General’s Guidelines and SOP 656 emergency messages 656.3 NOTIFICATIONS CONCERNING DECEASED, SERIOUSLY INJURED OR ILL PERSONS 3. When a foreign aircraft crashes, consular officials must be notified. In all probability, a state or federal agency having overall jurisdiction for the crash will make this notification. B. Countries and Jurisdictions requiring mandatory notification: Albania Algeria Antigua and Barbuda Armenia Azarbaijan Bahamas Barbados Belarus Belize Brunei Bulgaria China (including Hong Kong and Macao) Notification is not mandatory in the case of persons who carry "Republic of China" passports issued by Taiwan. Costa Rica Cyprus Czech Republic Dominica Fiji Gambia Georgia Ghana Grenada Guyana Hungary Jamaica Kazakhstan Kiribati file:///PLN-DC01/DATA/New%20to%20post/Publications/121-111%20Consular%20Notification.html[2/18/2016 4:20:35 PM] Kuwait Kyrgyzstan Malaysia Malta Mauritius Moldova Mongolia Nigeria Philippines Poland (Mandatory only for foreign nationals who are not lawful permannet residents in the United States) Romania Russia Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Seychelles Sierra Leone Singapore Slovakia Tajikistan Tanzania Tonga Trinidad and Tobago Tunisia Turkmenistan Tuvalu Ukraine United Kingdom: (Includes Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands, Gibraltar, Monserrat, and the Turks and Caicos Islands). Uzbekistan Zambia Zimbabwe C. These are mutual obligations that also pertain to American citizens in foreign countries. In general, treat a foreign national as you would want any American citizen to be treated in a similar situation in a foreign country. This means prompt, courteous notification to the foreign national of the possibility of consular assistance, and prompt, courteous notification to the foreign national’s nearest consular officials so that they can provide whatever services they deem appropriate. D. Under no circumstances should any information indicating that a foreign national may have applied for asylum in the United States or elsewhere be disclosed to that person’s government. 121.2.3 PROCEDURES: Failure to provide this notification may result in an objection by the foreign government upon imposition of a sentence and/or a reversal of criminal conviction.. Steps to follow when a foreign national is arrested or detained: A. When a foreign national is arrested or detained, determine their country. Normally, this is the country on whose passport or other travel document the foreign national travels. 1. If the foreign national’s country is not on the mandatory notification list, without delay, offer to notify the foreign national’s consular officials of the arrest/detention. If the foreign national asks that consular notification be given, notify the consular officials of the foreign national country without delay. 2. If the foreign national’s country is on the list of mandatory notification notify that country’s consular officials, without delay, of the arrest/detention. Tell the foreign national that you are making this notification and read him/her the applicable statement. file:///PLN-DC01/DATA/New%20to%20post/Publications/121-111%20Consular%20Notification.html[2/18/2016 4:20:35 PM] 3. If the foreign national understands English, then the statement can be given in English. If the foreign national does not understand English, a listing of statements in 13 foreign languages in the processing room. To be read to or viewed by a foreign national in a non-mandatory notification setting: “As a non-U.S. citizen who is being arrested or detained, you may request that we notify your country's consular officials here in the United States. of your situation. You may also communicate with your consular officials. A consular official may be able to help you obtain legal representation, and may contact your family and visit you in detention, among other things. If you want us to notify your consular officials, you can request this notification now, or at any time in the future. Do you want us to notify your consular officers at this time ? To be read to or viewed by a foreign national in a mandatory notification setting: “Because of your nationality, we are required to notify your country’s consular officers here in the United States that you have been arrested or detained. We will do this as soon as possible. In addition, you may communicate with your consular officers. You are not required to accept their assistance, but your consular officers may be able to help you obtain legal representation, and may contact your family and visit you in detention, among other things. B. Consulate Notification shall be completed either by phone or fax. A list by country of the nearest consulate office phone numbers and fax numbers is available in the Communications room. Additional assistance can be obtained at the Office of Public Affairs and Policy Coordination for Consular Affairs telephone 202-647-4415; fax 202-736-7559; www.travel.state.gov/law/notify.html. For urgent telephone inquiries after normal business hours, call the State Department Operations Center at 202-647-1512. Document the notification, or the declined notification, on the arrest report noting the following: Consulate notified; How notified, voice, fax, etc; Name of the official notified; Time notification was made; If notification was made by fax, attach the fax receipt page to the records copy of the arrest report. The formatted fax sheet (WPD-314) for notifying consular officials of arrests or detentions is to be used. What information you provided to the foreign national and when The foreign national's requests, if any Any other relevant actions taken C. When any member of this department is involved in an investigation whereby it is learned that a foreign national has died, the foreign national’s consulate officials must be notified without delay. This notification will permit the foreign government to make an official record of the death for its own legal purposes. Such notice will help to ensure that passports and other legal documentation issued by that country are canceled and not reissued to fraudulent claimants. Additionally, it may help ensure that the foreign national’s family and legal heirs, if any, in the foreign country are aware of the death and that the death is known for estate purposes in that country. For additional details on consular officials and diplomats refer to: SOP 120 USE OF DISCRETION & ALTERNATIVES TO ARREST 120.4 DIPLOMATIC IMMUNITY file:///PLN-DC01/DATA/New%20to%20post/Publications/121-111%20Consular%20Notification.html[2/18/2016 4:20:35 PM] WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures COURTROOM SECURITY Chapter: 830 Volume Eight: Auxiliary & Technical Services Date(s): Authority General Order #: Effective: Nov. 20, 1997 Chief Wm. Trenery 97-015 Revised: Sept. 28, 2001 Chief Wm. Trenery 01-005 Revised: 07-31-06 Chief Wm. Trenery 06-006 Revised: 04-07-08 Chief Wm. Trenery 08-003 Revised: 10-22-09 Chief Wm. Trenery 09-006 Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 73.3.1, 73.3.2, 73.4.2, 73.4.3 File #: 830-971 830-011 830-061 830-081 830-091 830.1 POLICY AND PURPOSE: 830.1.1 POLICY: The Woodbridge Township Municipal Court adjudicates cases, penalizes those found guilty of violating criminal and traffic laws, and protects the constitutional rights of those individuals who come before the court. Disorder, violence, and the threat of violence in the courtroom would have profound negative impact on the courts functioning. Accordingly, appropriate levels of security should prevail in the courtroom to protect the integrity of court procedures, to sustain the rights of individuals before it, and to deter those who would take violent action against the court or participants in court procedures. With this in mind, the policy of this department shall be to assist with an emergency relating to court security situations. 830.1.2 PURPOSE: The Woodbridge Township Municipal Court and the Township Law Department are responsible for the security of all municipal court proceedings held within the Woodbridge Township Municipal Courtroom in the Municipal Building. When necessary the Police Department will provide immediate assistance concerning a high priority threat situation. As such, the purpose of this policy is to establish security measures which will allow this agency to intercept and remove individuals and items that may represent a threat to the peace, order, and integrity of the court. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures CRIMINAL INTELLIGENCE Chapter: 610 Volume Six: Operations Support Date(s): Authority General Order #: Effective: June 18, 1998 Chief Wm. Trenery 98-016 Revised: Sept. 28, 2001 Chief Wm. Trenery 01-005 Revised: Oct. 22, 2009 Chief Wm. Trenery 09-006 Revised: March 15, 2012 Director R. Hubner 11-003 Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 12.1.4, 42.1.6, 46.1.5 File #: 610-981 610-011 610-091 610-121 610.1 POLICY & PURPOSE: 610.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to collect, process, and disseminate information relating to specific crimes and criminal activity through the establishment of a criminal intelligence function. 610.1.2 PURPOSE: Intelligence development, collection, processing and dissemination activities are an important function within any police agency. The purpose of this policy is to address the basic concerns of this department in carrying out the development and exchange of suspicious incidents, information, criminal intelligence, and homeland security activities in a coordinated and controlled manner. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures Dealing with Mentally Impaired Individuals Chapter: 125 Volume One: Law Enforcement Role & Responsibilities Date(s): Authority General Order #: File #: Effective: May 18, 2006 Chief Wm. Trenery 06-005 125-001 Revised: Oct. 11, 2011 Director R. Hubner 11-003 125-111 Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: N.J.S.A. 30:4-27.1 et seq., N.JS.A. 2A:4A-31, N.J.S.A. 2A:4A-80. Americans with Disabilities Act of 1992. ACCREDITATION STANDARDS REFERENCES: 41.2.7 125.1 POLICY & PURPOSE: 125.1.1 POLICY: It shall be the policy of this agency that all officers shall ensure a consistently high level of service to all community members. The need to assess the mental state and intention of individuals is a routine requirement of officers performing enforcement and investigative functions. Dealing with individuals in enforcement situations who are known or suspected to be mentally and/or emotionally impaired carries the potential for violence, thereby requiring an officer to make difficult judgments about the mental state of the individual, and requires special police skills to effectively and legally deal with the person to avoid unnecessary violence and violations of civil rights. People who are mentally impaired or have related developmental disabilities, like other residents of the United States, have the right to justice and fair treatment in the criminal justice system, including reasonable accommodations as necessary. 125.1.2 PURPOSE: The purpose of this policy is to provide guidance for Department members when handling persons who are suspected to be mentally impaired and/or in need of mental health treatment and to provide procedures to be used by Department members coming into contact with such individuals. Title II of the Americans with Disabilities Act (ADA) of 1992 prohibits state and local governments from discriminating against an individual with a disability. The Police Department is covered under Title II, and is responsible for making sure programs, services and activities provided by police are readily accessible to and usable by people who have disabilities. While the most serious consequences of officer interactions with the mentally impaired are altercations or armed confrontations, personnel may come into contact with mentally impaired individuals who are victims, suspects, or witnesses. This policy is intended to address the most common types of interactions with mentally impaired persons, and provide guidance to department personnel in dealing with such individuals. file:///PLN-DC01/DATA/New%20to%20post/Publications/125-111%20Dealing%20with%20mentally%20ill%20persons.html[2/18/2016 4:21:06 PM] 125.1.3 DEFINITIONS: A. Mental Illness: Mental illness refers to a person's thought processes, moods and emotions. It is a disorder in which individuals experience periodic problems with feeling, thinking, or judgment to such an extent that the person afflicted requires care, treatment, and rehabilitation. Mental illness may be acute and time limited or chronic and lifelong. Mental illness may occur in anyone. Mental illness can be a result of various conditions. It is characterized by impairment of an individual's normal cognitive, emotional, or behavioral functioning, and can be caused by social, psychological, biochemical, genetic, or other factors, such as infection or head trauma. It can occur at any time in a person's life. Mental illness has nothing to do with intelligence. People with mental illness can have below average, average or above average intelligence. B. Developmental Disability: Developmental Disability refers to below average abilities to learn and process information, generally occurs before a person reaches adulthood, and refers to below average intellectual functioning. C. Dementia: A generic term used for all memory impairing diseases. D. Alzheimer’s Disease: It is a progressive, degenerative disease of the brain in which brain cells die and are not replaced. It results in impaired memory, thinking and behavior. It is the most common form of dementia illness. E. Autism: Autistic persons often engage in compulsive behavior or repetitive and peculiar body movements. They can become very distressed over minor changes in their environment. They may also display unusual reactions to objects or people they see around them; appear insensitive to pain and may be hyperactive, passive, or susceptible to tantrums. Such persons may also appear to have a developmental disability in some areas, but highly capable or gifted in others. F. Cerebral Palsy: Persons suffering from cerebral palsy exhibit motor dysfunctions that may be confused with some characteristics of either having a developmental disability or mental illness. These include awkwardness in walking, involuntary and uncontrollable movements, or seizures and problems in speech and communication. G. Mentally Impaired: For the purpose of this policy, the terms mentally impaired will be used interchangeably for all Mental illnesses, Developmental Disability, Dementia, Alzheimer’s Disease, Autism, Cerebral Palsy, and any other illness or disorder that is impairing the individuals mental capacity of the time. 125.2 PROCEDURES 125.2.1 PROCEDURES FOR GENERAL ENCOUNTERS: While many people that are mentally impaired manage symptoms successfully with the use of medications, others who do not have access to mental health services, fail to take their medications, or do not recognize that they are ill, can experience psychiatric difficulties. When anyone that is mentally impaired comes into contact with the Police Department, for whatever reason or circumstance, Department personnel must take extra caution to ensure that the person’s rights are not violated and that he/she understands what is occurring. Some individuals may not have educational or communication comprehension levels sufficient to fully understand the basic Miranda rights. Simply reading the rights to someone with these types of disabilities and having the individual acknowledge that they understood may not be sufficient. Officers and civilian employees must ensure that people that are mentally impaired receive the necessary assistance to access services. This may require time and patience beyond what is normally required. People that are mentally impaired may also be suspects or arrestees and require detention, transport, and processing. Employees must familiarize themselves with the proper methods of transport, arrest, and detention to ensure officer safety while providing all reasonable support to an arrestee that is mentally impaired. Officers and civilian employees must recognize that responses of people with certain mental impairment may resemble those of people who have abused substances such as alcohol or drugs. Individuals may appear as though they are on a substance or intoxicated but rather have not taken their prescribed medication for their mental impairment. Mental impairment is quite often difficult to define in a given individual. Officers are not expected to make judgments of mental or emotional disturbance but rather to recognize behavior that is potentially destructive and/or dangerous to self or others. The file:///PLN-DC01/DATA/New%20to%20post/Publications/125-111%20Dealing%20with%20mentally%20ill%20persons.html[2/18/2016 4:21:06 PM] following guidelines are generalized signs and symptoms of behavior that may suggest mental impairment, although officers should not rule out other potential causes, such as reactions to narcotics or alcohol or temporary emotional disturbances that are situationally motivated. Officers should evaluate the following related symptomatic behavior in the total context of the situation when making judgments about an individual’s mental state and need for intervention absent the commission of a crime. Officers should be prepared to encounter a person with a mental impairment at any time. Common situations in which such individuals may be encountered include but are not limited to, the following: A. WANDERING: Individuals with mental challenges may be found wandering aimlessly or engaged in repetitive or bizarre behaviors in a public place; B. SEIZURES: Mentally impaired persons are more subject to seizures and may be found in medical emergency situations; C. DISTURBANCES: Disturbances may develop when caregivers are unable to maintain control over mentally impaired persons engaging in self-destructive behaviors; D. STRANGE AND BIZARRE BEHAVIORS: Repetitive and seemingly nonsensical motions and actions in public places, inappropriate laughing or crying, and personal endangerment; E. OFFENSIVE OR SUSPICIOUS PERSONS: Socially inappropriate or unacceptable acts such as ignorance of personal space, annoyance of others, inappropriate touching of oneself or others, are sometimes associated with mentally impaired persons who are not conscious of acceptable social behaviors. 125.3 COMMON SYMPTOMS 125.3.1 COMMON SYMPTOMS: Although officers are not in a position to diagnose mental impairment, officers shall be alert to symptoms common to such illnesses. Symptoms of mental impairment may vary, but all mentally impaired persons have thoughts, feelings, or behavioral characteristics, which result in an inability to cope with the ordinary demands of life. The majority of people with mental impairment have mild mental impairment, which makes it a difficult disability to identify. A single symptom or isolated event does not necessarily indicate mental impairment. The degree to which these symptoms exist varies from person to person according to the type and severity of the mental impairment. Many of these symptoms represent internal or emotional states that are not readily observable from a distance, but are noticeable in conversation with the individual. Often, symptoms of mental impairment are cyclic, varying in severity from time to time. Duration of an episode can also vary from weeks to months for some, and many years or a lifetime for others. The following may be useful in recognizing warning signs of mental impairment: A. SOCIAL WITHDRAWAL 1. Sitting and doing nothing. 2. Withdrawal from family, friends; abnormal self-centeredness. 3. Dropping out of activities such as occupations and hobbies. 4. Decline in academic or athletic performance. 5. Strong and unrelenting fear of persons, places, or things B. DEPRESSION 1. Loss of interest in once pleasurable activities. 2. Expression of hopelessness, helplessness, inadequacy. 3. Changes in appetite, weight loss or sometimes gain. 4. Behaviors unrelated to events or circumstances. 5. Excessive fatigue and sleepiness, or an inability to sleep. 6. Pessimism; perceiving the world as “dead”. 7. Thinking or talking about suicide. C. THOUGHT DISORDERS 1. Inability to concentrate or cope with minor problems. 2. Irrational statements. Poor reasoning, memory, and judgment. Expressing a combination of unrelated or file:///PLN-DC01/DATA/New%20to%20post/Publications/125-111%20Dealing%20with%20mentally%20ill%20persons.html[2/18/2016 4:21:06 PM] abstract topics. Expressing thoughts of greatness, e.g., person believes he/she is God. Expressing ideas of being harassed or threatened, e.g., CIA monitoring thoughts through TV set. 3. Peculiar use of words or language structure. Nonsensical speech or chatter. Word repetition – frequently stating the same or rhyming words or phrases. Extremely slow speech. Pressured speech – expressing urgency in manner of speaking. 4. Excessive fears or suspiciousness. Preoccupation with death, germs, guilt, delusions and hallucinations. 5. Delusions, the belief in thoughts or ideas that are false, such as delusions of grandeur or paranoid delusions. D. EXPRESSION OF FEELINGS 1. Hostility from one formerly passive and compliant. Argumentative, belligerent, unreasonably hostile. Threatening harm to self or others. Overreacting to situations in an overly angry or frightening way. 2. Indifference, even in highly important situations. Lack of emotional response. 3. Inability to cry, or excessive crying. 4. Inability to express joy. 5. Inappropriate laughter. Reacting with opposite of expected emotion – e.g., laughing at auto accident. 6. Nonverbal expressions of sadness or grief. E. BEHAVIOR 1. Hyperactivity or inactivity or alterations between the two. Talking excitedly or loudly. Manic behavior, accelerated thinking and speaking. 2. Deterioration in personal hygiene and appearance. Bizarre clothing or makeup, inappropriate to environment – e.g., shorts in the winter, heavy coats in the summer. 3. Involvement in automobile accidents. 4. Drug or alcohol abuse. 5. Forgetfulness and loss of valuable possessions. 6. Attempts to escape through geographic change, frequent moves, or hitchhiking trips. 7. Bizarre behavior – staring, strange postures or mannerisms, lethargic, sluggish movements, repetitious or ritualistic movements. 8. Decorations – Inappropriate use of household items, e.g., aluminum foil covering windows. 9. “Packratting” waste matter/trash – accumulation of trash, e.g., hording string, newspapers, paper bags, clutter, etc. 10. Unusual sensitivity to noises, light, colors, clothing. 11. Changes in sleeping and eating habits. F. COGNITIVE IMPAIRMENTS 1. Disorientation in time, place, or person. Confusion, incoherence and extreme paranoia. 2. Inability to find way in familiar settings. 3. Inability to solve familiar problems. 4. Impaired memory for recent events. 5. Inability to wash and feed oneself, urinary or fecal incontinence. Presence of feces or urine on the floor or walls. 6. Hallucinations of any of the five senses (e.g. hearing voices commanding the person to act, feeling one’s skin crawl, etc.). Hallucinations involving hearing or seeing things that are not based in reality are most common. Hallucinations may also be induced by drugs or alcohol. 125.3.2 MEMORY IMPAIRED PERSONS: Alzheimer’s disease causes intellectual deterioration in adults severe enough to dramatically interfere with occupational or social performance. These disorders are not only found in older people. The youngest diagnosed case is age 22, however, most victims are people in their 40’s and 50’s when diagnosed. Many Alzheimer victims have a tendency to wander, mentally and physically, sometimes in an attempt to return to their past. The rate of deterioration differs from patient to patient. Establishing a level of communications with memory-impaired persons is essential in order to render assistance. Caution should always be exercised when an officer encounters memory-impaired persons. An important function of the officer is to assist with the reuniting of memory impaired victims with family members or primary care providers in a timely fashion, utilizing available resources. A. Recognizing Someone with Alzheimer’s Disease: Often a person with Alzheimer’s Disease will appear physically file:///PLN-DC01/DATA/New%20to%20post/Publications/125-111%20Dealing%20with%20mentally%20ill%20persons.html[2/18/2016 4:21:06 PM] well, strong and agile. There are no obvious physical characteristics. Symptoms include problems remembering recent events and difficulty performing familiar tasks. Additionally, the person with Alzheimer’s Disease may experience confusion, personality change, behavior change, impaired judgment, and difficulty finding words, finishing thoughts or following directions. How quickly these changes occur vary from person to person, but the disease eventually leaves the individual totally unable to care for himself or herself. The way in which Alzheimer’s Disease affects communication will vary with each person. A variety of physical conditions and medications can also affect a person’s communication. The person with dementia may find it increasingly difficult to express himself or herself in words and may have trouble understanding what has been said. Delusions may occur and often remain fixed in spite of all rational evidence to the contrary. People with Alzheimer’s Disease may report that they have been victimized when in fact they have not. Problems affecting a person with Alzheimer’s Disease, as well as their caregiver, which may require police assistance include: home safety, driving, gun safety, suicide, behavior problems, shoplifting, abuse/neglect, and wandering. People with Alzheimer’s Disease share a number of behavioral patterns and symptoms identified below that will aid a law enforcement officer in determining if the person has Alzheimer’s Disease or a related Dementia. 1. Physical Clues: a. Blank facial expression b. Unsteady walk/loss of balance c. Age (common age of onset 65+) d. Repeats questions e. Inappropriate clothing for season f. Safe Return Identification g. Psychological Clues h. Inability to grasp and remember the current situation i. Difficulty in judging the passage of time j. Agitation, withdrawal or anger k. Inability to sort out the obvious l. Confusion m. Communication problems n. Delusions and hallucinations o. Inability to follow directions 2. Triggers for wandering behaviors include: a. Confusion related to time of day and night b. Stress, noise, crowds, or isolation c. Delusions, hallucinations or misinterpreted sights or sounds d. Concerns about fulfilling past obligations involving a former job, home, friend or family member e. Recent move or change of routine f. When confronting a person who has wandered and is lost, police officers may find that the person may not remember with any degree of accuracy where they have been, where they are going, or how long they have been wandering. g. May make up a story rather than admit that they have no recall of recent events. h. May only be able to recall destinations, addresses or phone numbers from years ago. i. May become agitated or aggressive. 3. When searching for a person with Alzheimer’s Disease who is lost or has wandered, remember: a. Most found within ½ mile of last location b. The person may have a typical intended destination c. Usually found a short distance from road (perhaps following a railroad track) d. They will not be crying for help e. They will not respond to shouts f. They may be suffering from exposure to the elements g. May be found in familiar area, such as former residence or workplace h. Ask caregiver or other person familiar with the lost individual if he/she has any daily or weekly routines, and check those locations that person tells you about. file:///PLN-DC01/DATA/New%20to%20post/Publications/125-111%20Dealing%20with%20mentally%20ill%20persons.html[2/18/2016 4:21:06 PM] 125.4 RESPONDING TO PEOPLE WITH MENTAL IMPAIRMENT 125.4.1 RESPONSE TO PEOPLE WITH MENTAL IMPAIRMENT: Persons with mental impairment can be easily upset and may engage in tantrums or self-destructive behavior. Minor changes in daily routines may trigger these behaviors. Frequently, a family member or friend is of great value in calming an individual exhibiting unusual behavior as a result of mental or emotional impairment. The following guidelines detail how to approach and interact with people who may have mental impairment, and who may be a crime victim, witness or suspect. These guidelines should be followed in all contacts, whether on the street or during more formal interviews and interrogations. A. GENERAL PRECAUTIONS: While protecting their own safety, the safety of the person with mental impairment and others at the scene, the officer should determine if an individual may be mentally impaired and a potential threat to himself or herself, the officer, or others, or may otherwise require law enforcement intervention for humanitarian reasons, the following responses should be taken: 1. Request a backup officer, especially in cases where the individual will be taken into custody. 2. Take steps to calm the situation. Where possible, eliminate emergency lights and sirens, disperse crowds and assume a quiet non-threatening manner when approaching or conversing with the individual. Where violence or destructive acts have not occurred, avoid physical contact, and take time to assess the situation. 3. Move slowly and do not excite the disturbed person. Provide reassurance that the police are there to help and he/she will be provided with appropriate care. 4. Communicate with the individual in an attempt to determine what is bothering him/her. Relate concern for his or her feelings and allow him or her to express their feelings. Where possible, gather information on the subject from acquaintances or family members and/or request professional assistance, if available and appropriate, to assist in communicating with and calming the person. 5. Do not threaten the individual with arrest or in any other manner, as this will create additional fright, stress and potential aggression. 6. Avoid topics that may agitate the person and guide the conversation toward subjects that help bring the individual back to reality. 7. Always attempt to be truthful with a mentally impaired individual. If the subject becomes aware of a deception, he or she may withdraw from the contact in distrust and may become hypersensitive or retaliate in anger. 8. Speak calmly: Loud, stern tones will likely have either no effect or a negative effect on the individual. 9. Use non-threatening body language: Keep your hands by your sides if possible. 10. Eliminate commotion: Eliminate, to the degree possible, loud sounds, bright lights, sirens, and crowds, moving the individual to a calm environment, if possible. 11. Keep animals away: Individuals with mental impairment are often afraid of dogs or other large animals. 12. Look for personal identification: Medical tags or cards often indicate mental impairment and will supply a contact name and telephone number. 13. Call the caregiver: The caregiver is often the best resource for specific advice on calming the person and ensuring officer’s safety until the contact person arrives. 14. Memory impaired persons and mentally impaired persons, adults and juveniles, reported missing should be handled utilizing guidelines set in SOP 514 and SOP 517, Missing Persons. 15. Prepare for a lengthy interaction: Mentally impaired individuals should not be rushed unless there is an emergency. 16. Repeat short, direct phrases: Too much talking can distract the mentally impaired individual and confuse the situation. Keep sentences short. 17. Be attentive to sensory impairments: Many mentally impaired individuals have sensory impairments that make it difficult to process information. Officers should not touch the person unless absolutely necessary, use soft gestures, avoid quick movements, use simple and direct language, and don’t automatically interpret odd behavior as belligerent. 18. In many situations and particularly when dealing with someone who is lost or has run away, the officer may gain improved response by accompanying the person through a building or neighborhood to seek visual file:///PLN-DC01/DATA/New%20to%20post/Publications/125-111%20Dealing%20with%20mentally%20ill%20persons.html[2/18/2016 4:21:06 PM] clues. 19. Be aware of different forms of communication. Mentally impaired individuals often use signals or gestures instead of words or demonstrate limited speaking capabilities. 20. Don’t get angry. 21. Maintain a safe distance. 22. The individual may have the tendency to be overwhelmed by police presence. 23. He or she may act very upset at being detained and/or try to run away. 24. He or she may be the last to leave the scene of the crime, and the first to get caught 25. Speak directly to the person. 26. Use simple language, speak slowly and clearly. 27. Break complicated series of instructions or information into smaller parts. 28. Whenever possible use pictures, symbols, and actions to help convey meaning. 29. Be patient- take time giving or asking for information. 30. Avoid confusing questions about reasons for behavior. 31. Repeat questions more than once or ask a question in a different way. 32. Use firm and calm persistence if the person doesn't comply or acts aggressive. 33. When questioning someone with mental retardation, don't ask questions in a way to solicit a certain answer. Don't ask leading questions. 34. Phrase questions to avoid "yes" or "no" answers, ask open-ended questions (e.g., "Tell me what happened."). 35. Don't assume someone with mental impairment is totally incapable of understanding or communicating. 36. Treat adults as adults; don't treat adults who have mental impairment as children. 37. When communicating with someone who has mental impairment, give the him or her the same respect you would give any person. B. DETERMINING DANGER: Not all mentally impaired persons are dangerous, while some may represent danger only under certain circumstances or conditions. A mentally impaired individual may not understand or immediately respond to police commands. Officers may use several indicators to determine whether an apparently mentally impaired person represents an immediate or potential danger to him/herself, the officer, or others. These include the following: 1. The availability of any weapons to the suspect. 2. Statements by the person that suggest to the officer the individual is prepared to commit a violent or dangerous act. Such comments may range from subtle innuendos to direct threats that, when taken in conjunction with other information, paint a more complete picture of the potential for violence. 3. A personal history that reflects prior violence under similar or related circumstances. The disturbed person’s history may be known to the officer, family, friends, or neighbors who may be able to provide helpful information. 4. Failure of the disturbed individual to act prior to arrival of the officer does not guarantee that there is no danger, but it does in itself tend to diminish the potential for danger. 5. The amount of control the person demonstrates is significant, particularly the amount of physical control over emotions of rage, anger, fright, or agitation. Signs of a lack of control include extreme agitation, inability to sit still or communicate effectively, wide eyes, and rambling thoughts and speech. Clutching one’s self or other objects to maintain control, begging to be left alone, or offering frantic assurances that one is all right may also suggest the individual is close to losing control. 6. The volatility of the environment is a particularly relevant factor that officers must evaluate. Agitators that may affect the person or a particular combustible environment that may incite violence should be taken into account. C. DEMENTIA ENCOUNTERS: When you encounter a person you suspect may have Alzheimer’s disease or related dementia, follow these guidelines in responding to that person: 1. Approach that person from the front and establish and maintain eye contact. 2. Introduce yourself as a law enforcement officer and explain that you have come to help. Due to their impaired short-term memory, victims may repeatedly ask who you are. Thus, you may need to reintroduce yourself several times. 3. Treat people with dignity. The deterioration of their mental abilities does not mean they are without feeling. 4. Remove the person from crowds and other noisy environments as this can cause restlessness, pacing, file:///PLN-DC01/DATA/New%20to%20post/Publications/125-111%20Dealing%20with%20mentally%20ill%20persons.html[2/18/2016 4:21:06 PM] agitation, and panic in people with Alzheimer's. Also, turn off your car's flashing lights and lower the volume on the radio. 5. Establish one-on-one conversation. Talk in a low-pitched, reassuring tone, looking into the victim's eyes. Alzheimer's shortens attention span and increases suspicion. Your calm support can make victims less agitated and panicked. Speak slowly and clearly, using short, simple sentences with familiar words. Repeat yourself. Accompany your words with gestures when this can aid in communication, but avoid sudden movements. 6. Include the person in all conversations, out of respect and so you will not arouse their suspicion. 7. Explain your actions before proceeding. If the person is agitated or panicked, gently pat them or hold their hand, but avoid physical contact that could seem restraining. 8. Expect difficulties making yourself understood. Do not assume the person understands you or is capable of answering your questions and complying with your instructions. 9. Give simple, step-by-step instructions and, whenever possible, a single instruction. For example, "Please sit here. I'll take care of everything." Avoid multiple, complex, or wordy instructions, such as: "Please sit here, don't get up or go anywhere, and wait for me to come back." Also, substitute nonverbal communication by sitting down if you want that person to sit down. 10. Ask one question at a time. "Yes" and "No" questions are better than questions that require the person to think or recall a sequence of events. Be prepared for answers that are confusing and keep changing. If a person's words are unintelligible, ask them to point, gesture, or otherwise physically communicate their answer. 11. Never argue with the person or challenge their reasoning. 12. Do not leave the person alone; they may wander away. 13. Find emergency shelter for the person with the help of a local Alzheimer's Association chapter or Adult Protective Services or the Woodbridge Township Department on Aging if no other caregivers can be found, see SOP 651 Diversionary Programs. D. Once sufficient information has been collected about the nature of the situation, and the situation has been stabilized, there is a range of options officers should consider when selecting an appropriate disposition. Based on the overall circumstances and the officer’s judgment of the potential for violence, the officer may provide the individual and family members with referrals on available community mental health resources or take custody of the individual in order to seek an involuntary emergency evaluation. These options include the following: 1. Make mental health referrals when, in the best judgment of the officer, the circumstances do not indicate the individual must be taken into custody for his or her own protection or the protection of others. 2. If time permits, request a supervisor to respond prior to taking into custody a potentially dangerous individual who may be mentally impaired. 3. Once a decision has been made to take an individual custody, it should be done as soon as possible to avoid prolonging a potentially volatile situation. Remove any dangerous weapons from the immediate area, and restrain the individual if necessary. Using restraints on mentally impaired persons can aggravate their aggression. Officers should be aware of this fact, but should take those measures necessary to protect their safety. 4. Refer or transport the person for medical attention if he or she is injured or abused. 5. Outright release. 6. Release to care of family, care giver or mental health provider. 7. Refer or transport to substance abuse services, see SOP 651 Diversionary Programs. 8. Assist in arranging voluntary admission to a mental health facility if requested, see SOP 651 Diversionary Programs. 9. Transport for involuntary emergency psychiatric evaluation if the person’s behavior meets the criteria for this action, see SOP 651 Diversionary Programs. 10. Arrest if a crime has been committed. 125.5 INTERVIEW & INTERROGATION 125.5.1 file:///PLN-DC01/DATA/New%20to%20post/Publications/125-111%20Dealing%20with%20mentally%20ill%20persons.html[2/18/2016 4:21:06 PM] INTERVIEW & INTERROGATION: Officers attempting to conduct an interview with a mentally impaired individual should consult a mental health professional and the Middlesex County Prosecutor’ Office to determine if the person understands the Miranda rights. Follow all laws and procedures that would apply to any other interview or interrogation, see SOP 100 Interview & Interrogation. Although it's not an ADA requirement, when a person who is suspected of having mental retardation is questioned or interrogated about involvement in criminal activity, it's a good idea to have a guardian, lawyer or support person present to ensure that the individual's rights are protected. A. When interviewing an individual who is mentally impaired, officers should: 1. Not interpret lack of eye contact or strange actions as indications of deceit; 2. Use simple and straightforward language, he or she may have limited vocabulary or speech impairment. 3. Recognize that the individual might be easily manipulated and highly suggestible. B. The mentally impaired individual during and interview or interrogation may: 1. Have difficulty understanding or answering questions. 2. Have a short attention span. 3. Act inappropriately with peers or the opposite sex, have a member of the same sex present during any interview or interrogation. 4. Be easily influenced by and eager to please others. 5. Say what he or she thinks others want to hear. 6. Be easily frustrated. 7. Have difficulty with the reading and writing. 8. Have difficulty describing facts or details of offense. C. MIRANDA WARNINGS AND THE MENTALLY IMPAIRED SUSPECT: Miranda warnings may need to be explained, rather than just read, to the individual in language that is understandable to him or her. People with mental impairment often do not understand the Miranda warnings. In fact, many individuals with mental impairment often answer yes after they are read the Miranda warnings even when they do not understand their rights. People with mental impairment usually want to please police officers and may appear to incriminate themselves even when innocent of any crime. They often fake greater competence than they actually possess. Because this puts people with mental impairment at an unfair disadvantage when being questioned, you should not ask questions about criminal activity until the person's lawyer is present. When reading the Miranda warnings to someone with mental impairment, or to others who may have difficulty understanding, use simple words and modify the warnings to help the individual understand. It's important to determine whether the individual genuinely understands the principles, protections and concepts within the warnings. Ask the person to repeat each phrase of the Miranda warnings using his or her own words. If the person simply repeats the phrase word for word, check for understanding by asking questions that require the individual to use reasoning abilities and think conceptually. For example, you can say, "tell me what rights are, give me an example of a right you have, tell me what a lawyer is, how can a lawyer help you, why is a lawyer important, why do you want to talk to me instead of a lawyer, can you explain to me why you don't have to talk to me, etc." A person with mental impairment may be able to recite the entire Miranda warnings, or even a simplified version of it, but he or she usually cannot understand its meaning or the implications of his or her responses. 125.6 CUSTODY 125.6.1 CUSTODY: If an individual with a mental, emotional, or psychological illness is taken into custody, officers will make a responsible effort to use the least restraint possible and protect the arrestee from self-injury, while taking all necessary precautions. The overall circumstance and the person’s potential for violence will determine if handcuffs will be used as a temporary measure to prevent injury to the individual or officer. In a minor incident where an individual is apparently mentally impaired, officers should seek non-arrest resolutions. The most desired resolution being voluntary admission to an appropriate mental health facility. However, when public safety is at issue, officers will follow SOP 651: Diversionary Programs seeking an involuntary emergency evaluation. A. When a person who has been arrested by this Department demonstrates a need for mental health treatment by acts file:///PLN-DC01/DATA/New%20to%20post/Publications/125-111%20Dealing%20with%20mentally%20ill%20persons.html[2/18/2016 4:21:06 PM] of violence or an attempt to commit suicide, he/she will be transported to the nearest hospital emergency room for an evaluation. If for some reason, the individual has a preference for a particular hospital, the person will be taken to that hospital, if feasible. 125.7 REPORTING 125.7.1 REPORTING: The incident should be documented on an Incident Report whether or not the individual is taken into custody. Ensure the report is as explicit as possible concerning the circumstances of the incident and the type of behavior observed. Terms such as “out of control” or “psychologically disturbed” should be replaced with descriptions of the specific behaviors involved. The reasons why the subject was taken into custody or referred to other agencies should be reported in detail. 125.8 TRAINING 125.8.1 TRAINING: In order to prepare personnel who, during the course of their duties, may have to deal with persons with mental impairment in an appropriate manner, the Police Department shall provide entry level personnel with training on this subject, and will provide refresher training at least every three (3) years. file:///PLN-DC01/DATA/New%20to%20post/Publications/125-111%20Dealing%20with%20mentally%20ill%20persons.html[2/18/2016 4:21:06 PM] WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures EMERGENCY MOBILIZATION OF AGENCY PERSONNEL Chapter: 564 Volume Five: Law Enforcement Operations Date(s): Authority General Order #: File #: Effective: 06-02-97 Chief Wm. Trenery 97-007 564-971 Revised: 10-22-07 Chief Wm. Trenery 07-008 564-071 Revised: 11-9-11 Director R. Hubner 11-003 564-111 Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 15.1.1, 46.1.3, 46.1.6, 71.5.1, 72.5.6 564.1 POLICY & PURPOSE: 564.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to have operational procedures in place for the emergency mobilization of off-duty personnel in the event of a disaster, civil disturbance, or other emergency requiring more personnel than normally available on-duty. 564.1.2 PURPOSE: The purpose of this policy is to provide a clear outline of responsibilities in order to prepare for, respond to, and operate at major incidents with adequate and sufficient manpower. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures EVACUATION Chapter: 541 Date(s): Authority Effective: August 29,2007 Chief Wm. Trenery Revised: 02-10-12 Director R. Hubner Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: Volume Five: Law Enforcement Operations General Order #: 07-006 11-003 File #: 541-071 541-121 541.1 POLICY AND PURPOSE 541.1.1 POLICY: It is the policy of the Woodbridge Police Department that all members comply with the following procedures whenever responding to a facility in which an evacuation is necessary or has occurred. 541.1.2 PURPOSE: Various events may occur that necessitate the evacuation of a building. These events range from naturally occurring events (i.e., flooding) or may be man-made (i.e., bomb threats, loss of power, etc.). It is important that the responding police personnel understand what their responsibilities are and that these events be handled in such a manner as to protect the evacuees from exposure to unnecessary risks. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures SPECIAL EVENTS Chapter: 565 Volume Five: Law Enforcement Operations Date(s): Authority General Order #: Effective: 06-02-97 Chief Wm. Trenery 97-007 Revised: 02-14-12 Director R. Hubner 11-003 Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 15.1.1, 46.1.5, 46.2.7 File #: 565-971 565-121 565.1 POLICY & PURPOSE: 565.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to prepare for the handling of a special event through the preparation, and implementation of, an action plan. 565.1.2 PURPOSE: On occasion, the Township may play host to different types of special events. The handling of security and control of the event dictates cooperation and coordination between the police department and the event's sponsor. In order to respond to each event in a professional and controlled manner, the Police Department shall prepare an action plan for the handling of security and control of special events. Safety of the public, property, and all participants in special events scheduled in the Township of Woodbridge is paramount. Therefore, the purpose of this policy is to provide guidelines regarding the provision of necessary security and controls for each special event within the Township of Woodbridge. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures COLLECTION AND PRESERVATION OF EVIDENCE Chapter: 870 Volume Eight: Auxiliary & Technical Services Date(s): Authority General Order #: File #: Effective: June 30, 1998 Chief Wm. Trenery 98-017 870-981 Revised: May 8, 2000 Chief Wm. Trenery 00-002 870-001 Revised: Feb. 20, 2001 Chief Wm. Trenery 01-002 870-011 Revised: Sept. 28, 2001 Chief Wm. Trenery 01-005 870-012 Revised: Nov. 7, 2001 Chief Wm. Trenery 01-007 870-013 Revised: March 22, 2004 Chief Wm. Trenery 04-001 870-041 Revised: 12-16-05 Chief Wm. Trenery 05-004 870-051 Revised: 07-31-06 Chief Wm. Trenery 06-006 870-061 Revised: 07-10-08 Chief Wm. Trenery 08-004 870-081 Revised: 10-21-10 Chief Wm. Trenery 10-006 870-101 Revised: 10-12-11 Director R. Hubner 11-003 870-111 LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 83.1.1, 83.2.1, 83.2.2, 83.2.3, 83.2.4, 83.2.5, 83.2.6, 83.3.1, 84.1.1 870.1 POLICY & PURPOSE 870.1.1 POLICY: The effective exercise of law enforcement responsibility in the investigation of crime and in the prosecution of offenders requires that information be obtained through the application of scientific knowledge and methods. There is no practicable alternative. Research has clearly shown that physical evidence must be identified, collected, properly preserved, and transmitted to the laboratory promptly if laboratory support resources are to be used effectively. Therefore, in order to ensure the admissibility in court of evidence recovered at a crime/incident scene, it shall be the policy of the Woodbridge Township Police Department that the crime/incident scene shall be protected and processed as appropriate and all items recovered of potential evidentiary value shall be properly collected, recorded, and preserved. A precise chain of custody shall be maintained for collected items. 870.1.2 PURPOSE: Police officers encounter a variety of reasons as to why they accept physical property, and the responsibilities associated with physical evidence require some special considerations. One of the basic principles of any criminal investigation relates directly to the investigating officer's ability to identify, collect, and preserve physical evidence that may be present at a crime scene. Once this evidence has been collected and properly preserved, the police also have the responsibility to protect evidence from any form of contamination or tampering, and to transmit the evidence to the forensic laboratory as may be required. The purpose of this directive is to establish the policies and procedures that will be used by the members of the Woodbridge Township Police Department as they relate to the proper collection and preservation of evidence and other forms of recovered property. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures CARE AND USE OF AUTHORIZED FIREARMS Chapter: 135 Volume One: Law Enforcement Role & Responsibilities Date(s): Authority General Order #: File #: Effective: Feb. 24, 1998 Chief Wm. Trenery 98-002 135-981 Revised: June 15, 1998 Chief Wm. Trenery 98-014 135-982 Revised: 10-15-98 Chief Wm. Trenery 98-023 135-983 Revised: May 13, 2003 Chief Wm. Trenery 03-004 135-031 Revised: April 23, 2004 Chief Wm. Trenery 04-002 135-041 Revised: July 2, 2004 Chief Wm. Trenery 04-003 135-042 Revised: 03-07-05 Chief Wm. Trenery 05-001 135-051 Revised: 11-10-05 Chief Wm. Trenery 05-003 135-052 Revised: 03-23-06 Chief Wm. Trenery 06-004 135-061 Revised: 02-25-09 Chief Wm. Trenery 09-001 135-091 Revised: 05-05-09 Chief Wm. Trenery 09-003 135-092 Revised: 10-08-10 Chief Wm. Trenery 10-005 135-101 Revised: 03-22-11 Director R. Hubner 11-001 135-111 Revised: 05-04-12 Director R. Hubner 11-003 135-121 LEGAL REFERENCES: N.J.A.C. 13:1-1.1; N.J.S.A. 2C: 58-15, 2C:39-6J, Attorney General Guidelines ACCREDITATION STANDARDS REFERENCES: 1.2.2, 1.3.9, 1.3.10, 1.3.11, 41.3.4 46.2.3 135.1 POLICY & PURPOSE: 135.1.1 POLICY: It is the policy of the Woodbridge Township Police Department to ensure that all sworn employees are adequately trained in the use, and safe handling, of all firearms they are permitted to carry, both on and off duty. It is also agency policy that only weapons and ammunition meeting agency authorized specifications shall be used by agency personnel in law enforcement responsibilities both on or off duty. 135.1.2 PURPOSE: The purpose of this policy is twofold. The first is to establish a set of uniform standards for the semiannual firearms qualifications, to include remedial training, whereby only employees demonstrating proficiency in the use of agency authorized weapons will be approved to carry such weapons. The second is to set forth guidelines for the specifications of any authorized weapons and ammunition for both on and off-duty use. -1- WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures ALL HAZARD PLAN, UNUSUAL OCCURRENCES AND CRITICAL INCIDENT RESPONSE Chapter: 560 Volume Five: Law Enforcement Operations Date(s): Authority General Order #: File #: Effective: June 15, 1998 Chief Wm. Trenery 98-014 560-981 Revised: March 22, 2004 Chief Wm. Trenery 04-001 560-041 Revised: 06-05-07 Chief Wm. Trenery 07-004 560-071 Revised: 04-07-08 Chief Wm. Trenery 08-003 560-081 Revised: 07-10-08 Chief Wm. Trenery 08-004 560-082 Revised: Dec. 6, 2011 Director R. Hubner 11-003 560-111 Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 15.1.1, 17.5.3, 46.1.1 to 46.1.9, 46.3.1 to 46.3.4 569.1 POLICY & PURPOSE: 560.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to have an All Hazard Plan in place for the emergency response to unusual occurrences and critical incidents. Although there are many variables involved in the development of precise plans for specific situations, it is improbable to develop plans for each type of occurrence. As such, this policy will contain generic guidelines for those situations which are unusual in nature and which occur infrequently. 560.1.2 PURPOSE: The purpose of this policy is to provide a clear outline of responsibilities in order to prepare for, and respond to, major incidents with sufficient coordination of effort. Unusual occurrences and critical incidents may include natural and man made disasters, pandemics, civil disturbances, mass arrests, bomb threats, hostage/barricaded person, acts of terrorism and other unusual incidents. This department recognizes the importance of planning for natural and manmade disasters, and the need to have appropriate plans at the ready so that department members responding to such situations will have procedures to follow until additional resources arrive. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures UTILITY HAZARDS Chapter: 515 Volume Five: Law Enforcement Operations Date(s): Authority General Order #: Effective: 05-09-97 Chief Wm. Trenery 97-006 Revised: 10-15-98 Chief Wm. Trenery 97-023 Revised: 02-14-12 Director R. Hubner 11-003 Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 41.2.4, 61.2.3 File #: 515-971 515-982 515-121 515.1 POLICY & PURPOSE: 515.1.1 POLICY: It will be the policy of the Woodbridge Township Police Department to establish a set of procedures surrounding the response to public utility hazards and complaints. All personnel are expected to adhere to the guidelines contained within this directive as they relate to dealing with utility emergencies or hazards, and when making contact with the appropriate public service in order to report such emergencies or hazards. 515.1.2 PURPOSE: The purpose of this policy is to address the various types of hazardous situations which involve utilities. Typically, officers will be confronted with circumstances related to utility hazards on public or private property to include downed lines (i.e., electrical, telephone, and cable TV), broken underground transmission lines (to include the aforementioned utilities, as well as gas, sewage and water lines), and to fires and medical emergencies caused by such utility hazards. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures HOLDING FACILITY Chapter: 820 Volume Eight: Auxiliary & Technical Services Date(s): Authority General Order #: Effective: June 18, 1998 Chief Wm. Trenery 98-015 Revised: 10-15-98 Chief Wm. Trenery 98-023 Revised: March 12, 2001 Chief Wm. Trenery 01-003 Revised: 02-08-02 Chief Wm. Trenery 02-001 Revised: March 11, 2003 Chief Wm. Trenery 03-002 Revised: October 1, 2007 Chief Wm. Trenery 07-007 Revised: 04-07-08 Chief Wm. Trenery 08-003 Revised: 10-15-08 Chief Wm. Trenery 08-006 Revised: 03-26-12 Director R. Hubner 11-003 LEGAL REFERENCES: NJAC 10A:34, N.J.S.A. 2A:161a-1 ACCREDITATION STANDARDS REFERENCES: Chapter 72 (all); 71.3.2; 71.5.1 File #: 820-981 820-982 820-011 820-021 820-031 820-071 820-081 820-082 820-121 820.1 POLICY AND PURPOSE: 820.1.1 POLICY: This department shall establish guidelines under which persons will be placed into the department's holding facility, and define the responsibilities of all department members as they relate to facility management and operation. It shall be the policy of this department that all officers take all appropriate measures when supervising or handling detainees to ensure the preservation of their rights and safety, and to prevent their escape. 820.1.2 PURPOSE: Proper holding facility operation is critically important to the safety of police personnel and the well-being of all prisoners. A special relationship exists between a police department and a person occupying a cell in its holding facility. This department is committed to operating a safe and sanitary holding facility. Officers shall receive appropriate training to assure adherence to state guidelines, departmental policy and procedures, and to adequately protect the rights of the police and detainees. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures HOSTAGE/BARRICADED SUBJECT Chapter: 562 Volume Five: Law Enforcement Operations Date(s): Authority General Order #: Effective: July 9, 1998 Chief Wm. Trenery 98-019 Revised: May 21, 2002 Chief Wm. Trenery 02-002 Revised: Oct. 15, 2008 Chief Wm. Trenery 08-006 Revised: Feb. 14, 2012 Director R. Hubner 11-003 Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 11.6.1, 41.3.6, 46.1.4 File #: 562-981 562-021 562-081 562-121 562.1 POLICY & PURPOSE: 562.1.1 POLICY: It is the policy of the Woodbridge Township Police Department to have operational procedures for the safe and effective handling of hostage/barricaded subject situations. The proper handling of a barricaded person/hostage situation will help in the preservation of the life of hostage(s), citizen(s), personnel, barricaded person(s) and hostage taker(s). The secondary objective of this department is the apprehension of perpetrator(s) and recovery of property. 562.1.2 PURPOSE: The purpose of this policy is to establish a practical and working plan for barricade and hostage confrontations. The life of the hostage(s) and officer(s) involved is the paramount concern for the department. If the department is called upon to respond to critical situations in which persons have barricaded themselves in and/or taken hostages as a result of domestic disturbances, suicide attempts, or unsuccessful criminal actions, the policy of this agency is to respond to the situation and diffuse it as quickly as possible by means of negotiation and/or Special Response Team tactics, which may be used as a last resort. The policy of this agency will always be the preservation of life, apprehension of suspects and recovery and protection of property. When dealing with barricade or hostage situations the potential for violent confrontations must always be considered. It is the objective of this department to minimize the potential for violence, and utilize a non-confrontational approach whenever possible. It is understood that in this type of situation conditions may change rapidly. The following procedures have been established to provide for uniformity in the handling of this type of crisis and to provide for maximum safety for all involved. SOP WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures INTERVIEW & INTERROGATION Chapter: Volume One: 100 Law Enforcement Role & Responsibilities Date(s): Authority General Order #: File #: Effective: Feb 24, 1998 Chief Wm. Trenery 98-002 100-981 Revised: June 5, 1998 Chief Wm. Trenery 98-012 100-982 Revised: Sept. 28, 2001 Chief Wm. Trenery 01-005 100-011 Revised: 12-16-05 Chief Wm. Trenery 05-004 100-051 Revised: 06-05-07 Chief Wm. Trenery 07-004 100-071 Revised: 10-01-07 Chief Wm. Trenery 07-007 100-072 Revised: LEGAL REFERENCES: Miranda v. Arizona 384 US 436, 86S.Ct. 1602 (1966), State v. Reed 133 NJ 237. State v. Hampton, 61 NJ 250 (1972) and State v. Melvin, 65 NJ 1 (1974), Terry v. Ohio, M.C.P.O. Policy 4A ACCREDITATION STANDARDS REFERENCES: 1.2.3, 41.2.4, 42.2.1 100.1 POLICY & PURPOSE: 100.1.1 POLICY: It shall be the policy of The Woodbridge Police Department to uphold and protect the constitutional rights of all individuals who are arrested by this agency. All officers shall ensure that the protections guaranteed by the United States Constitution, particularly those related to interview and interrogations, and access to counsel, are not abridged. All individuals must be treated with respect, dignity, and impartiality. 100.1.2 PURPOSE: Lawfully obtained admissions and confessions continue to play an integral role in law enforcement investigations. All officers of this agency must be cognizant of the point in a criminal investigation that an individual is considered "in custody" and when "Miranda" warnings must be administered to a defendant. "Miranda" bars the admission of any statement elicited from a defendant through custodial questioning in court proceedings, unless the defendant had been warned of certain rights and knowingly, intelligently, and voluntarily waived these rights prior to giving any statement. The purpose of this policy is to outline the guidelines to be used by officers to ensure that all constitutional requirements are met. 100.2 file:///PLN-DC01/...lications/Interview%20&%20Interrogation,%20Police%20Manual,%20Woodbridge%20Township%20PD,%202007.html[2/18/2016 3:37:24 PM] SOP INTERVIEWS AND INTERROGATIONS: 100.2.1 DEFINITIONS: A. CUSTODY: “Custody" as defined in "Miranda v. Arizona", and by subsequent Court decisions, is an actual arrest or any conduct on the part of the police which deprives the suspect of his or her "freedom of action in any significant way." To determine if an individual is in "custody" the courts will examine the following elements: 1. The duration of the detention. 2. The nature and degree of the pressure applied to detain the individual. 3. The physical surroundings of the questioning. 4. The language used by the officers in summoning the individual. 5. Whether the individual was advised that he or she was not under arrest and was free to leave. 6. Whether the individual is the "target" of a criminal investigation. B. INTERVIEW: An “interview” is an information gathering process, where the individual being questioned is not being accused or suspected of an offense or crime. During the interview process, the officer is merely attempting to gather general background information and facts concerning an incident. In this type of situation, the officer is not attempting to gather information which would prove to be incriminatory against the person that is being questioned. It is important for officers to recognize the fact that an interview may easily shift into an interrogation process, at which point the officer is required to provide the individual with warnings regarding his constitutional rights. Generally, the interrogation process will be a much more formal process, in which an individual's statement will be recorded and later transcribed. C. INTERROGATION: "Interrogation" is the formal and systematic questioning of an individual in regard to a criminal investigation by a law enforcement officer in an attempt to solicit incriminating information. 100.2.2 “MIRANDA” RIGHTS: Interrogations of persons who are in police custody must conform to the standards set forth in the Miranda decision and to due process. All officers are required to observe these constitutional safeguards whenever questioning a suspect or a person placed under arrest. Police interrogation techniques include any words or actions, which are designed to elicit incriminating statements. If a police interrogation does not conform to legal standards it can result in otherwise good evidence being declared inadmissible in court. If the suspect "knowingly, intelligently and voluntarily " waives his rights to this constitutional protection, the interrogation can begin. The ultimate goal of a police interrogation should be to obtain the truth - not just to produce a confession or an admission of guilt. Any pressures, psychological or otherwise, that elicit statements made involuntarily by a suspect defeat the legitimate purposes of criminal investigations. A. OBJECTIVES OF AN INTERROGATION: In order to obtain results, every police investigator should recognize the objectives of an interrogation, which include the following: 1. Learning the truth. 2. Ascertaining the identity of criminal participants and accessories. 3. Obtaining an admission or a confession of guilt. 4. Acquiring all the facts, circumstances and method of operation of the crime, which is under investigation. 5. Gathering information, which may corroborate or disprove information obtained from other sources. 6. Eliminating suspects. 7. Uncovering information of any other crimes in which the suspect being questioned is, or has been involved. 8. Recovering evidence or property; and 9. Recording and reporting all information obtained for subsequent court action. B. WHEN TO ADMINISTER: The critical elements to be considered are whether there is a coercive environment and whether the person being questioned is free to leave. Miranda warnings must be given to all persons questioned while in custody, even if the questioning is unrelated to the reason why they are being held in custody. It is not necessary that the suspect be in police headquarters in order for him/her to be in "custody" and for Miranda to apply. The suspect may be in a public place or his/her own home and the need for Miranda is based on the fact that a "reasonable" person believes that he/she is in "police custody", or is deprived of his/her file:///PLN-DC01/...lications/Interview%20&%20Interrogation,%20Police%20Manual,%20Woodbridge%20Township%20PD,%202007.html[2/18/2016 3:37:24 PM] SOP freedom to leave. It is important to understand that Miranda procedures only apply if all three (3) of the following situations are present: 1. A person is in police “custody” or is otherwise deprived of this freedom of movement in a significant manner. 2. He/she is asked questions. 3. By the police (or other persons acting on behalf of the police). C. RIGHT OF SILENCE: A suspect can refuse to answer any questions at the onset or can stop any police questioning at any time by invoking his/her right of silence or by requesting the services of an attorney. D. SPONTANEOUS STATEMENTS: "Spontaneous" statements (also known as “excited utterances”) made to the police either before, during or after the arrest by a person in custody are admissible in evidence even though the arrested person was not warned of his rights, provided that such statements are voluntary and are not made in response to police questioning or other actions. 100.2.3 PROVIDING MIRANDA WARNINGS: As soon as possible after a person is in custody, consistent with his/her own safety and the safety of others, and prior to beginning interrogation, a police officer shall give the person in custody the following Miranda warnings in a clear and unhurried manner prior to questioning by reading the warnings from a preprinted card or form. Whenever a police officer has any doubt as to the applicability of the Miranda warnings in any particular case, it is advisable that these warnings be given to the suspect to avoid any subsequent legal barrier to the admissibility of any statements obtained. Miranda warnings should be given in their entirety prior to any custodial questioning even in circumstances where the individual attempts to stop the officer stating that he/she fully understands his/her rights. Courts have ruled that all persons, including attorneys, those considered "professional criminals", and self proclaimed experts in criminal law, must be given full Miranda warnings. A. CONTENT: 1. YOU HAVE THE RIGHT TO REMAIN SILENT. 2. ANYTHING YOU SAY CAN BE USED AGAINST YOU IN A COURT OF LAW. 3. YOU HAVE THE RIGHT TO TALK TO A LAWYER AND HAVE THE LAWYER PRESENT WITH YOU WHILE YOU ARE BEING QUESTIONED. 4. IF YOU CANNOT AFFORD TO HIRE A LAWYER, ONE WILL BE APPOINTED TO REPRESENT YOU BEFORE ANY QUESTIONING, IF YOU WISH ONE. 5. YOU CAN DECIDE TO EXERCISE THESE RIGHTS AT ANY TIME. B. FOLLOW UP: AFTER GIVING THE ABOVE WARNINGS THE FOLLOWING QUESTIONS SHOULD BE ASKED: 1. DO YOU UNDERSTAND EACH OF THESE RIGHTS I HAVE EXPLAINED TO YOU? 2. HAVING THESE RIGHTS IN MIND, DO YOU WISH TO TALK TO US NOW? 100.2.4 NON-ENGLISH SPEAKING SUSPECT: If the suspect does not speak English, then the Miranda warnings should be given in a language the suspect understands. Officers shall obtain a translator by contacting the Police Communications center. No questioning shall take place until it is certain that the suspect understands his translated Miranda rights. 100.2.5 MIRANDA FOR THE HARD OF HEARING/DEAF: An interpreter from the "National Registry of Interpreters for the Deaf" must be utilized when advising the Deaf/Hard of Hearing of their rights, and prior to the initiation of any questioning. Law enforcement officers are allowed to establish communication with people who are Hard of Hearing or Deaf for purposes of obtaining basic information only. A. INTERPRETER: The circumstances when an interpreter must be provided for deaf or hard of hearing people include, but are not limited to the following: 1. Prior to the reading of a Miranda warning, the interrogating, interviewing or the taking of a statement from file:///PLN-DC01/...lications/Interview%20&%20Interrogation,%20Police%20Manual,%20Woodbridge%20Township%20PD,%202007.html[2/18/2016 3:37:24 PM] SOP a deaf or hard of hearing person. 2. When a deaf or hard of hearing parent/guardian of hearing juveniles are involved. 3. When the complainant/victim/witness is deaf or hard of hearing. 4. When the deaf or hard of hearing person indicates that they do not understand what is happening and requests an interpreter. 5. Apprehensions, arrests, or statements involving a violation of Title 39 of the Revised Statutes do not require an interpreter; however, every effort should be made to ensure that the subject comprehends/understanding what is happening. B. USE OF FAMILY/FRIENDS: Use of relatives, friends, the passing of hand written notes, and non-certified interpreters cannot be utilized for the purposes of making the notification of rights or for any questioning after the notification of rights. These forms of communication can only be utilized for the taking of basic information. 100.2.6 MIRANDA AND MOTOR VEHICLE VIOLATIONS: The roadside questioning of a motorist temporarily detained pursuant to a routine traffic stop does not constitute custodial interrogation for the purposes of the Miranda Rule. Here, the detention of the motorist is presumptively temporary and brief. Also, the surrounding is public and not police dominated as is with other questioning requiring Miranda Warnings. In conformity with the Supreme Court's decision, all officers are to advise a subject of his/her Miranda Warnings as soon as the subject is taken into custody or subject to restraints comparable to those associated with arrest. That is, routine questioning in a time period between custody and the original stop of the subjects vehicle may be conducted without issuing Miranda Warnings. A. 39:4-50: In circumstances where the officer is satisfied that there is in fact probable cause to place a driver under arrest for operating a motor vehicle while under the influence (39:4-50), then the administration of Miranda Warnings are necessary to have any statements or admissions gained from that point admissible in court. This rule has no effect on the present administration of the Breath test or the reading of the Breath Test Refusal Statement to a subject. A subject is still required to consent to the taking of breath samples and has no right to consult an attorney, physician, or any other person for purposes of the performance of a breath test. 100.2.7 DELAY IN QUESTIONING: If there is any substantial delay between the Miranda warnings and the police questioning, the suspect should be advised of these rights a second time before the questioning begins. If the suspect is to be interrogated for a second time after the passage of a substantial period of time, or on any subsequent date, he must again be given the Miranda warnings and be asked if he/she is willing to waive his rights. If, at any time, a suspect requests to read his/her rights or to be informed of his/her rights, these requests shall be granted. 100.2.8 SPONTANEOUS STATEMENTS: Officers may note any spontaneous and volunteered statements. When a suspect or prisoner voluntarily makes a statement, officers do not have to prevent him/her from continuing to talk and the Miranda warnings are not a prerequisite for admissibility. A. TYPES OF SPONTANEOUS STATEMENTS: 1. Spontaneous and volunteered statements are statements made by a suspect of his/her own free will and not made in response to police questioning. 2. A person who voluntarily enters a police station and makes incriminating statements need not be given the Miranda warnings. 3. Spontaneous and volunteered statements may be taken after the suspect is in custody and before, during, or after actual interrogation so long as the statements are clearly voluntary. 100.2.9 WAIVER OF RIGHTS: Police questioning may commence after the warnings have been adequately given and after file:///PLN-DC01/...lications/Interview%20&%20Interrogation,%20Police%20Manual,%20Woodbridge%20Township%20PD,%202007.html[2/18/2016 3:37:24 PM] SOP the person in custody has waived his rights. The waiver must be made voluntarily, knowingly and intelligently to meet the conditions of the Miranda decision. The interrogating officers should be certain that the suspect understands the rights which have been read to him/her as the burden will be on the prosecution to prove that the waiver was knowingly, voluntarily and intelligently made. A waiver may be made orally or in writing, but a written and properly witnessed waiver is more likely to be upheld in court. Silence on the part of the suspect does not constitute a valid waiver. The physical and emotional condition of the person being questioned is an important consideration in determining the validity of a waiver and the police should refrain from questioning if the suspect is clearly not capable of understanding his/her rights. A. WAIVER OF RIGHTS: A suspect must be competent to waive his/her rights prior to police questioning and the question of competency is a question of fact to be determined by the circumstances in each case. The competency issue is more likely to be raised under the following circumstances; 1. If the person about to be questioned is distraught or very disturbed because of any mental or emotional condition; 2. If he/she has been wounded or is the victim of shock or other physical impairment; 3. If he/she is so intoxicated or influenced by alcohol or drugs that he cannot think rationally or act sensibly; or 4. If his/her intelligence level is so low or his/her learning and education are so minimal that he/she does not comprehend his rights. 5. On the other hand, police may ask the suspect about the following in order to properly assess the suspect's ability to intelligently understand and waive his rights (these questions should be asked after the Miranda rights have been read and after the suspect has shown an initial willingness to waive those rights): a. His/her age; b. Whether he/she is under the influence of any drugs or alcohol; c. Whether he/she is suffering from any mental or emotional problem; d. His/her education and learning; e. His/her employment; f. Whether he/she has ever been given Miranda warnings previously; and g. Whether he/she understands the words used by the officer in reciting the Miranda warnings or what they mean. 100.2.10 REQUESTS FOR ATTORNEY: Although a suspect has voluntarily waived his/her right to remain silent, he/she may still invoke this right by refusing to answer any further questions or by requesting the services of an attorney, and at this point the police questioning must cease. The interrogating officer is not privileged to "talk him out" of refusal to speak. A. RESPONSE TO QUESTIONS OR STATEMENTS: If a suspect states that he wishes to consult an attorney he must not be questioned further by police until he has had an opportunity to consult an attorney. The interrogating officer is not privileged to "talk him/her out" of their desire for legal representation. However, if the suspect initiates statements or conversation, the police may respond to those statements or conversation. B. SUSPECT MAY BE SELECTIVE IN ANSWERING QUESTIONS: A suspect may answer some questions and refuse to answer others, but a police officer is not required to discontinue questioning unless the suspect indicates that he/she wishes to remain totally silent, to stop the questioning or to consult with a lawyer. C. OTHER: In a custodial interrogation situation where the suspect has invoked his/her Miranda rights to remain silent and/or his right to see an attorney, and then changes his/her mind and requests his/her willingness to talk, it is suggested that the officer should re-administer his Miranda rights and have him/her sign an additional "waiver". D. FOLLOWING INDICTMENT/ARRAIGNMENT: Once a defendant has been indicted, no interrogation can take place without first gaining the express permission from an Assistant County Prosecutor. 100.2.11 INTERVIEW/INTERROGATION GUIDELINES: The following is a compilation of practical suggestions that file:///PLN-DC01/...lications/Interview%20&%20Interrogation,%20Police%20Manual,%20Woodbridge%20Township%20PD,%202007.html[2/18/2016 3:37:24 PM] SOP every police investigator should consider in conducting an interrogation. A. SUGGESTED GUIDELINES: 1. Review, whenever possible, all available material pertaining to the crime under investigation and the suspect's background before beginning the questioning. 2. Ensure that all the legal rights of the suspect have been adequately provided. 3. Initiate the questioning in a low-key manner to serve as an adjustment period for the suspect. 4. Endeavor to establish a good rapport with the suspect. 5. Recognize the different social, economic and educational levels of individual suspects and adjust your vocabulary accordingly. 6. Be a good listener and let the suspect do the talking. 7. Avoid distracting the suspect with unnecessary interruptions or with irrelevant questions or comments. 8. Do not permit your personal feelings about the suspect or the crime under investigation to affect your professional attitude and performance. 9. Control the interrogation and keep the questioning confined to the case under investigation. 10. Utilize open-ended questions to keep the suspect talking and reserve specific questions until the end of the interview. 11. Be fair with the suspect and do not jump to conclusions. 12. Constantly observe the suspect's actions, reactions and demeanor. Note his/her facial expressions; tone of voice; any fidgeting, stammering, perspiring or desire for water; any time lags in responding to questions; unnatural emphasis on certain answers; shifting the topic under discussion or any other manifestations that may give a clue to guilty knowledge or deception. (It should be noted that these characteristics can also denote a state of nervousness or anxiety as well as guilt.) 13. Do not express surprise or disappointment at any information received from the suspect unless you have a good reason for such a reaction. 14. Do not permit the suspect to become aware of the extent of the information you already possess unless the disclosure of some fact is part of your interrogation technique. 15. Avoid any threats or false promises. 16. Never lose your patience or perseverance. 17. Terminate your interrogation in such a manner that it may be reopened later if necessary. 18. Prepare and submit a report in accordance with departmental procedures. 100.2.12 FIELD INTERVIEWS: A field interview is a lawful stop of a citizen for investigative purposes. Officers shall document stops for the purposes of identifying a suspect, witness, or victim, or for crime prevention, intelligence gathering, or community relations. The department further expects officers to gather information with proper observance of constitutional safeguards. Strict constitutional guidelines exist that protect both the civil rights of citizens and the rights of officers to obtain information crucial to the reduction and prevention of crime. Further, field interviews frequently contribute to the building of a reasonable suspicion or even probable cause to arrest or conduct a search. The only restricted search that normally accompanies field interviews, the frisk or pat down, may be performed when the officer has reasonable suspicion to suspect the presence of a weapon. (SEE S.O.P. 110: STOP & FRISK, & SEARCH & SEIZURE) A. MAKING THE FIELD CONTACT; CONDUCTING THE INTERVIEW: Officers may make field contacts when they reasonably believe that some investigative inquiry is warranted. The Supreme Court stated, in Terry v. Ohio, that an officer "may in appropriate circumstances and in an appropriate manner approach a person for the purposes of investigating possible criminal behavior even though there is not probable cause to make an arrest." 1. A field interview, therefore, requires voluntary cooperation from the citizen. In the absence of probable cause to arrest the subject, or reasonable suspicion to stop the subject, he/she may discontinue the interview at any time and leave. The subject may also refuse to produce identification or otherwise identify himself/herself. A distinction is drawn herein between a field interview or contact (which is made to resolve an ambiguous situation) a stop (a brief detention of a person because of suspected criminal file:///PLN-DC01/...lications/Interview%20&%20Interrogation,%20Police%20Manual,%20Woodbridge%20Township%20PD,%202007.html[2/18/2016 3:37:24 PM] SOP behavior and based upon reasonable suspicion) and a seizure or arrest (based upon probable cause). 2. Officers must be able to articulate the circumstances that warranted the stop of the citizen. The circumstances constitute the officers' reasonable suspicion. In court, should a field interview result in an arrest, an officer must justify his/her intrusion by describing "specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion." Articulable circumstances derive from: a. Firsthand observations; b. Hearsay, as from informants; c. “Collective knowledge" or information shared by several officers (example: An officer may make a stop at the request of another agency without knowing all of the facts which prompted the request.); d. Totality of facts and circumstances. The department encourages officers to question persons whose behavior, conduct, or mere presence at a particular place and time does not match the officer's notion of what is appropriate for the place and time. B. FIELD INTERVIEWS AND FIELD INTERVIEW REPORTS: Field interviews and Field Interview reports serve as: 1. A source of information: The field inquiry is based on the principle that the opportunity to apprehend criminals and to prevent crime increases with the number and frequency of persons interviewed. One way an officer can increase his/her skill as an observer is to obtain information from persons living or working within his/her patrol area. 2. A means of identifying a suspect: An on-view arrest is not always based upon the immediate recognition of a wanted criminal. Frequently, it is the outgrowth of the action taken by a police officer who stops to question a person who has aroused his/her suspicions. Information obtained during a field contact may also be used at a later date to identify a criminal. 3. A means of obtaining suspects or witnesses: The value of reported field inquiries becomes very pronounced when a crime is committed and there are but a few investigative leads. The investigator must then rely on the field interview reports to sift out useful information. A review of these reports will show if anyone had been questioned in the vicinity at the approximate time of the crime. C. PLACE OF THE FIELD INTERVIEW: As a general rule, "field interviews" may be conducted anywhere the officer has a right to be, including; 1. Municipally-owned or controlled property normally open to members of the public; 2. Areas intended for public use or normally exposed to public view; 3. Places to which an officer has been admitted with the consent of the person empowered to give such consent; 4. Places where circumstances require an immediate law enforcement presence to protect life, well-being or property; 5. Areas where an officer may be admitted pursuant to a lawful arrest or search warrant; 6. Any other area in which an officer may make a warrantless arrest. D. CONDUCT OF INTERVIEWS: As noted previously, a person interviewed by the officer may discontinue the interview at any time. During a routine field interview, persons shall not be detained in any manner against their will, nor shall they be required to answer questions or respond in any manner if they choose not to do so. The fine line drawn between a field contact and a stop and frisk must be strictly observed to avoid accusations of harassment. Since the distinction between a "contact" and a "stop" depends to a great extent on whether, under the circumstances, the citizen perceives that he/she is free to leave, officers shall comply with the following guidelines: 1. Field contacts shall not be done to coerce a person to leave an area or place where he or she has a legitimate right to be and no violation of law has occurred. 2. All requests during the contact should be phrased with neutral or optional words, such as "may," "would you mind," etc. 3. Abrupt, short responses, which could be misunderstood, and requests which could be interpreted as commands must be avoided. 4. The duration of a contact should be as brief as possible. 5. The success or failure in obtaining information beneficial to a criminal investigation will depend upon an officer's ability to put citizens at ease and establish a rapport. However, during a field contact, if the person should ask whether he/she must respond, or indicates that he/she feels compelled to respond, the officer file:///PLN-DC01/...lications/Interview%20&%20Interrogation,%20Police%20Manual,%20Woodbridge%20Township%20PD,%202007.html[2/18/2016 3:37:24 PM] SOP shall immediately inform him (or her) of the right to refuse, as well as the right to leave. 6. Where citizens refuse or cease to cooperate during a contact, the refusal itself cannot be used as the basis for escalating the encounter into a stop and frisk. E. REPORTING THE FIELD INTERVIEW: A report will be completed for field interviews of individuals that an officer stops for an suspicious activity, including a subject who is stopped for a traffic violation if the situation warrants, according to the officer's judgment. 1. Field interview reports should include any information available to the officer. Example: Name, age, sex, height, weight, hair color, clothing, description of vehicle; etc. 100.3 ARRAIGNMENT & PRETRIAL PUBLICITY: 100.3.1 ARRAIGNMENT: Immediately following post-arrest procedures, the Shift Commander is required to contact the appropriate court authorities in person or by telephone to facilitate arraignment in order to determine the amount of bail, bond, or conditions of release. There shall be no undue delay in arraignment. 100.3.2 PRETRIAL PUBLICITY: Public Information and Arrestee Rights: No publicity or information shall be provided to the press or public that would tend to prejudice a fair trial. The pretrial release of information shall be in strict conformance with agency policy, directives of the Prosecutor’s Office, guidelines issued by the Attorney general of the State of New Jersey, and State and Federal Law. 100.4 RECORDATION OF INTERVIEWS & INTERROGATIONS 100.4.1 INTERVIEWS: Interviews may be recorded at the discretion of the Investigating Officer’s Division Commander. When an interview in a custodial setting changes into an interrogation, the Officer shall stop the interview. The Officer shall then begin the interrogation, following the requirements of this S.O.P. 100.4.2 INTERROGATIONS: When a suspect in a first degree, second degree, or third degree crime is going to be interrogated, the entire interrogation will be recorded using an electronic recording device. 100.4.3 INTERVIEW/INTERROGATION ROOM: The Police Department will maintain rooms for interviews and interrogations. These rooms must conform to the following requirements: A. Every room in which an interrogation is conducted shall be equipped with an electronic recording device. There must also be the capability, in the room where an interrogation is conducted, to record interrogations without the suspect’s knowledge. B. Interrogation rooms must have at least two chairs. A table may be in the room. No unnecessary items, nor anything that may jeopardize safety or security, shall be in the room. C. A Panic Button is present in all interview rooms. Upon activation an alarm will be sounded in the Communications Center. file:///PLN-DC01/...lications/Interview%20&%20Interrogation,%20Police%20Manual,%20Woodbridge%20Township%20PD,%202007.html[2/18/2016 3:37:24 PM] SOP 100.4.4 CONDUCT OF INTERROGATION: All interrogations must be conducted in compliance with all statutory and case law requirements, as detailed in this S.O.P. In addition, all interrogations must be conducted in compliance with the following requirements: A. Prior to the entrance of the suspect into the interrogation room and the initiation of the interrogation, the video and audio components of the recording equipment must be tested to be sure they are working properly. B. All electronic devices such as pagers, cell phones, and portable radios should be deactivated. C. A new DVD and a new compact disc will be used for each interrogation. Only one video recorded interrogation will be on each DVD, and only one video recorded interrogation will be on each compact disc. D. When the recording has started, before the suspect enters the room, the following information shall be placed on the record: 1. The names of the Officers operating the equipment and conducting the interrogation; 2. The names of the suspect and anyone else present in the room; 3. The date and approximate starting time of the interrogation; 4. The exact location where the interrogation is taking place; 5. The purpose of the interrogation (e.g., investigation of the shooting death of John Doe.) E. No more than two officers are to be present for the interview or interrogation, unless security needs require additional officers. Additional presence will be noted as described in D above. F. Miranda warnings shall be administered in the interrogation room according to established procedures before any interrogation takes place and will be electronically recorded. If Miranda warnings were administered at another location, the suspect should be asked to acknowledge the administration of the warnings, and his/her understanding of the warnings and waiver, on the record. Any previous admissions should also be reiterated on the record. G. Officers who enter the interrogation room should not wear firearms that are visible to the subject. All radios and other electronic devices should be deactivated. If security considerations permit, the subject should not be handcuffed during questioning. If it is necessary to handcuff the subject, his/her willingness to proceed with the interrogation while handcuffed must be clearly established and noted on the record. H. If the suspect has any visible injuries or appears in obvious pain, he/she should be asked to describe the injuries or pain on the record. He/she should be asked if he/she requires medical attention. If the suspect declines medical attention, the interrogation may continue. If the suspect requests or obviously requires medical attention, the interrogation must be stopped and medical treatment provided. Once the treatment has been provided and the suspect appears fit to continue, the suspect should be questioned on the record to confirm the medical treatment has been provided and he/she is willing and able to proceed with the interrogation. I. If, during the interrogation, the suspect alleges coercion or other improper conduct of any kind, the allegation must be recorded. The willingness of the suspect to proceed must be clearly established on the record before the interrogation may continue. J. If the suspect objects at any time to the recording of the interrogation, the recording must be terminated. If, after a suspect objects to the recording of the interrogation, he/she expresses a willingness to be questioned without being recorded, the objection must be noted for the record, the equipment must be turned off, and the interrogation may then continue. K. Officers may enter or leave the interrogation room during the course of the interrogation, consistent with the needs of the investigation. If the Officers leave the room during the interrogation, the recording equipment shall continue recording. The recording equipment must be turned off when the officers leave the room in the following situations: 1. the suspect is in the company of his/her attorney 2. a juvenile suspect is in the company of a parent or guardian; or 3. the suspect is left in the company of another suspect. L. If the suspect volunteers any relevant information outside the interrogation room, it should be reviewed with him/her when the interview resumes. M. The suspect shall be allowed bathroom breaks, water, food and rest breaks as requested. The recording equipment shall continue recording during those times, even if the room is empty N. Pre-test interviews and post-test questioning of polygraph subjects must be conducted in compliance with this S.O.P. The polygraph itself, however, need not be recorded. file:///PLN-DC01/...lications/Interview%20&%20Interrogation,%20Police%20Manual,%20Woodbridge%20Township%20PD,%202007.html[2/18/2016 3:37:24 PM] SOP O. In the event of an emergency in the interview room, such as an assault upon the officer(s) or a medical emergency, the officer is to activate the panic button. Upon receiving panic button alert, Communications Center personnel will immediately dispatch assistance to the interview room. 100.4.5 EVIDENCE: The DVD and CD recordings of the interrogation shall be preserved, labeled and stored according to these requirements: A. The recordings shall each be placed into a jewel case (i.e, plastic case,) which shall be labeled with: 1. Agency name; 2. Agency case number; 3. Date recording was made; 4. Type of crime; 5. Suspect’s name; 6. Victim’s name; 7. Names of Officers participating in the interrogation. B. The original DVD shall be signed into the Evidence locker, and at all times handled with an identifiable chain of custody. The original recordings shall never be mailed. C. The CD shall be given to the transcriber, who shall log the recording into the transcriptions record. The transcriber will then transcribe the recording. The transcriber shall return the CD to the detective who will then place it into evidence after completion of transcription review. A copy of the transcription shall be forwarded to the Middlesex County Prosecutor’s Office upon request or with grand jury prep. file:///PLN-DC01/...lications/Interview%20&%20Interrogation,%20Police%20Manual,%20Woodbridge%20Township%20PD,%202007.html[2/18/2016 3:37:24 PM] WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures CRIMINAL INVESTIGATIONS Chapter: 520 Volume Five: Law Enforcement Operations Date(s): Authority General Order #: File #: Effective: Feb. 24, 1998 Chief Wm. Trenery 98-002 520-981 Revised: 11-30-98 Chief Wm. Trenery 98-030 520-982 Revised: 7-12-99 Chief Wm. Trenery 99-003 520-991 Revised: 2-20-01 Chief Wm. Trenery 01-002 520-011 Revised: July 18, 2002 Chief Wm. Trenery 02-003 520-021 Revised: 03-07-05 Chief Wm. Trenery 05-001 520-051 Revised: 02-20-07 Chief Wm. Trenery 07-002 520-071 Revised: 06-05-07 Chief Wm. Trenery 07-004 520-072 Revised: 09-08-09 Chief Wm. Trenery 09-005 520-091 Revised: 11-1-11 Director R. Hubner 11-003 520-111 LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 11.4.5, 12.1.4, 42.1.1, 42.1.4, 41.2.5, 42.2.1, 42.2.2, 42.2.3, 42.2.4, 42.2.8, 42.2.11, 42.2.12 520.1 POLICY & PURPOSE: 520.1.1 POLICY: It will be the policy of the Woodbridge Township Police Department to establish guidelines for conducting preliminary and follow up investigations by department personnel. Furthermore, all members of this agency are hereby directed to work together in a professional and cooperative manner in responding to, and in the investigation of, a major crime in order to maximize the potential for criminal identification, for apprehension, and for conviction. 520.1.2 PURPOSE: The purpose of this policy is to provide for administrative and operational guidelines that will help ensure efficient and effective criminal investigations. This policy does not direct the department’s investigative function in each specific crime category, such as homicide, rape, robbery, etc., but rather identifies those elements common to every investigation. Additional guidelines for specific investigations can be found in Standard Operating Procedures geared toward focusing upon the exacting guidelines for a particular investigation. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures JUVENILE DETAINEES Chapter: 825 Volume Eight: Auxiliary & Technical Services Date(s): Authority General Order #: File #: Effective: Oct. 27, 1997 Chief Wm. Trenery 97-014 825-971 Revised: Sept. 1, 2011 Director R. Hubner 11-003 825-111 Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: Federal Registry Vol. 50, No. 119, June 20, 1985, Page 25557). N.J.A.C. 10A:34-3.5, Section 223(a)(13) of the JJDPA ACCREDITATION STANDARDS REFERENCES: Chapter 72.5.3 825.1 POLICY AND PURPOSE: 825.1.1 POLICY: Juveniles, unlike adult offenders, are governed by a separate set of laws that determine the manner in which juveniles are to be detained. As such, it shall be the policy of this department that all officers, when supervising or handling juvenile detainees, take all appropriate measures to ensure the preservation of the rights and safety of the juveniles at all times. 825.1.2 PURPOSE: The purpose of this policy is to ensure compliance with applicable state statutes concerning the temporary detention of juvenile offenders and to specify the proper procedures for same. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures JUVENILE OPERATIONS Chapter: 540 Volume Five: Law Enforcement Operations Date(s): Authority General Order #: File #: Effective: 06-18-97 Chief Wm. Trenery 97-009 540-971 Revised: 06-05-98 Chief Wm. Trenery 98-012 540-981 Revised: 09-28-01 Chief Wm. Trenery 01-005 540-011 Revised: 11-07-01 Chief Wm. Trenery 01-007 540-012 Revised: 03-07-05 Chief Wm. Trenery 05-001 540-051 Revised: 03-23-06 Chief Wm. Trenery 06-004 540-061 Revised: 06-05-07 Chief Wm. Trenery 07-004 540-071 Revised: 10-01-07 Chief Wm. Trenery 07-007 540-072 Revised: 02-10-12 Director R. Hubner 11-003 540-121 LEGAL REFERENCES: Attorney General Guidelines ACCREDITATION STANDARDS REFERENCES: 1.2.7, 44.1.1, 44.1.2, 44.1.3, 44.2.1, 44.2.2, 44.2.3, 44.2.4, 44.2.5, 61.1.3, 82.1.1 540.1 POLICY AND PURPOSE: 540.1.1 POLICY: It is the policy of the Woodbridge Township Police Department to be fully committed to the development and perpetuation of programs designed to prevent and control juvenile delinquency. It is also the policy of this department that the responsibility for participating in or supporting the department’s juvenile operations function is to be shared by all agency components and personnel. 540.1.2 PURPOSE: The purpose of this policy is to establish procedures for the handling of juveniles , as well as to outline the responsibility of all agency personnel in relation to the Juvenile Aid Bureau. Everyone must have an understanding of the social and psychological factors which contribute to juvenile misbehavior and crime. By the nature of their duties, everyone should be familiar with any undesirable conditions in the community which may breed or contribute to juvenile delinquency. The prevention of juvenile crime has a high priority and any success in this regard can pay large dividends to the community and to its young people. As a preventative measure, officers should frequently check those areas, places and buildings that have been particularly prone to juvenile delinquent behavior and question all juveniles found in suspicious situations. Energetic patrol, impressing the fact of a consistent police presence, can be a most effective deterrent. The department shall also cooperate actively with all other agencies, public or private, that can be of assistance in deterring and controlling juvenile delinquency. It is generally recognized that juveniles who engage in antisocial conduct present different problems to society than do adults who engage in similar activity, and there is, therefore, a modification of police procedures in handling juvenile offenders. These special procedures are based on two fundamental concepts. First, the juvenile offender is often not yet hardened and may be more easily influenced to conduct him/herself within the law. There is no question that the attitude and actions of the police can have considerable impact upon the first offender who is often a badly frightened youngster at the time of his/her arrest. How the juvenile is treated at the time of contact with the police can make a lasting impression. At the same time it must be remembered that the hardened juvenile criminal can be just as dangerous as any adult. Secondly, most youngsters are still in their developmental and learning stages. The fundamental principle that we tend to apply to juveniles is that they should be given an opportunity to learn from their mistakes. Often this form of learning creates a deeper and more lasting impression. In the adult system, we tend to punish those who violate the law, relying on the assumption that adults should be held responsible for their actions. If possible, it is generally more productive and beneficial to allow juveniles to understand that they will be held responsible through some constructive corrective action, rather than strictly relying on a punitive approach. Police officers play a very important part in the juvenile justice system. Patience, understanding and firmness, together with close cooperation with court officials in the processing of juvenile cases, are necessary for the system to operate most effectively. For most people, the ultimate symbol of authority in a community is the police officer. This is probably true for juveniles as well. But while the majority of people accept the presence of such authority with no problem, juveniles may tend to react in idiosyncratic ways. It cannot be overemphasized that police contact can be very important in the social development of the young people in our community. Police reaction to this sensitive relationship can solidify favorable attitudes already in existence, and more importantly, help to guide the behavior of borderline cases. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures CARE AND USE OF AUTHORIZED LESS LETHAL WEAPONS Chapter: 132 Volume One: Law Enforcement Role & Responsibilities Date(s): Authority General Order #: File #: Effective: April 23, 1998 Chief Wm. Trenery 98-006 132-981 Revised: Nov. 8, 2000 Chief Wm. Trenery 00-003 132-001 Revised: May 21, 2002 Chief Wm. Trenery 02-002 132-021 Revised: June 1, 2009 Chief Wm. Trenery 09-004 132-091 Revised: Oct. 8, 2010 Chief Wm. Trenery 10-005 132-101 Revised: Dec. 8, 2010 Chief Wm. Trenery 10-007 132-102 Revised: March 28, 2012 Director R. Hubner 11-003 132-121 Revised: May 7, 2012 Director R. Hubner 11-003 132-122 LEGAL REFERENCES: F.B.I. Research Study & Continuum of Force, Def-Tech First Defense Product Specifications. Attorney General Revised Supplemental Policy on Conducted Energy Devices ( approved October 7, 2010). ACCREDITATION STANDARDS REFERENCES: 1.2.2, 1.3.4, 1.3.9, 1.3.10, 1.3.11 132.1 POLICY & PURPOSE: 132.1.1 POLICY: It is the policy of the Woodbridge Township Police Department to authorize the use of agency approved “less lethal” weapons as alternatives within the “use of force continuum”. Only employees demonstrating proficiency in the use of agency authorized “less lethal” weapons will be approved to carry and use such weapons. 132.1.2 PURPOSE: The purpose of this policy is to allow a means whereby a reduction of injuries to both officers and civilians alike will occur in situations where the “less lethal” use of force is authorized. 132.2 AUTHORIZED “LESS LETHAL” WEAPONS: 132.2.1 AUTHORIZED WEAPONS: The following are the only agency authorized “less lethal” weapons (except for those authorized for use by the Special Operations Unit only, as specified in SOP#135: Care and Use of Authorized Firearms). A. OLEORESIN CAPSICUM AEROSOL SUBJECT RESTRAINT file:///PLN-DC01/...%20to%20post/Publications/132-122%20Care%20and%20use%20of%20authorized%20less%20lethal%20weapons.html[2/18/2016 4:24:58 PM] B. STRAIGHT BATON C. MONADNOCK EXPANDABLE BATON D. CONDUCTED ENERGY DEVICE 132.2.2 PROHIBITED WEAPONS: Officers are not permitted to carry or use any weapon without having received permission from the Police Director. The following list of weapons are prohibited and shall not be carried or used by any member of this agency: A. "Black-Jacks" or "Slapper" B. "Sap Gloves" C. Any other weapon not specifically authorized by agency policy and procedures. 132.2.3 CARE AND SAFEGUARDING OF LESS LETHAL WEAPONS: It is the officer's responsibility to maintain and care for agency issued “less lethal” weapons as he/she would any other piece of equipment issued by the police department. Anytime the officer becomes aware of any damage to a weapon or related equipment (i.e., holster), he/she shall immediately report it to his/her supervisor. Because the conducted energy device, expandable baton, straight baton, and O/C spray are considered weapons, it is also the responsibility of each officer to ensure that this piece of equipment is secured and safeguarded as he/she would any other weapon, particularly when it is left unattended. Officers will be held strictly responsible for the loss or careless disposition of any agency issued weapon, particularly if such action results in injury or harm to another. 132.2.4 REVIEW, INSPECTION, APPROVAL AND REMOVAL PROCESS OF LESS LETHAL WEAPONS: A. REVIEW & APPROVAL: Prior to authorizing any weapon to be carried or used by agency personnel, the Police Director may select a committee to review the feasibility of adopting a weapon. For weapons to be used by the Special Operations Team, these will be recommended by the Team Commander in place of a review committee. 1. Committee Members: Committee members may include the Departmental Training Officer, Firearms Training Officer, Special Operations Team training coordinator, and any other members selected by the Police Director. 2. Committee Purpose: The Police Director will assign a chairperson whose responsibility will be to oversee the review process. All recommendations will be forwarded to the Police Director in writing by the committee chair, in the time frame specified, and will include all support documentation and reference materials. 3. The Police Director will make the final determination concerning the adoption of any new weapon. B. INSPECTION & REMOVAL: Prior to issuing an approved “less lethal” weapon to an employee, the qualified weapons instructor for said weapon shall inspect the weapon to ensure the weapon is in safe working condition and is free from defect. Any weapon which is not in safe working order or is defective will be removed from service. 1. Annual Inspection: During annual retraining sessions, the qualified weapons instructor will re-inspect each assigned weapon, and will replace any weapon found to be defective or in unsafe condition. 2. Unannounced inspection: Each employee who has been issued a weapon is subject to unannounced inspections of their assigned weapons by supervisory personnel, as well as, the qualified weapons instructor. C. EMERGENCY REPLACEMENT: In addition to inspection of less lethal weapons by the range instructors prior to qualification, officers are responsible for inspecting their issued equipment and weapons for cleanliness or obvious signs of damage on an ongoing basis. If an officer discovers a possible problem with the less lethal weapon or his O/C spray is empty, he is to notify his supervisor immediately. The supervisor will check the weapons room for an available replacement. If there are no replacements available, the supervisor or officer will file:///PLN-DC01/...%20to%20post/Publications/132-122%20Care%20and%20use%20of%20authorized%20less%20lethal%20weapons.html[2/18/2016 4:24:58 PM] then contact the department range master or assistant range master for assistance. 132.3 OLEORESIN CAPSICUM (O/C Spray): 132.3.1 GENERAL REQUIREMENTS: O/C Spray may be utilized in accordance with agency policy and procedures concerning authorized “use of force”. Only those officers who have been certified with O/C Spray will be allowed to carry and use same. Officers are only allowed to carry the O/C Spray container of the type for which they have been certified to use, with a volume of no more than three (3) oz. unless specifically trained with a larger unit. A. PROCEDURES FOR USE: O/C Spray will be used in the following manner: 1. An officer will create a distance between himself/herself and the suspect. 2. Weak hand and arm are placed up in a defensive position to block any attack. 3. The O/C Agent is drawn from its holster. 4. A one-second stream is directed into the area of the suspect’s face, specifically the eyes, nose and mouth. Subsequent one-second streams may be used as needed. 5. An officer using the O/C Spray should not enter the sprayed area to reduce the possibility of personal contamination, but shall maintain constant observation of the suspect for safety, until the physical arrest can effectively be made. 6. Officers will treat the issue of being disarmed of their O/C Spray the same as being disarmed of their baton, and may use the proper escalation of force as deemed necessary and determined to be the most effective means of regaining control of the suspect and the situation. B. PROCEDURES FOR DECONTAMINATION: O/C Spray acts immediately and is classified as an organic inflammatory, which is outside the regulatory guidelines applicable to chemical agents such as “CN” or “CS”. Air and water are the only treatments necessary to overcome the effects of O/C Spray, the effects of which last for approximately 30-45 minutes. 1. Immediately after exposure and physical arrest has taken place, face the individual into the direction of the wind/air. 2. As needed or necessary, flush the exposed portion(s) with copious amounts of water and continue to face into the direction of the wind/air. 3. Repeat as necessary. 4. In severe cases of exposure or when it appears to be necessary, have the person transported to a primary care facility (in accordance with agency policy concerning prisoner transportation). 5. Advise the subject that contact lenses should be removed and cleaned before reinserting. C. TRAINING: All training and proficiency shall be monitored by a certified Aerosol Restraint Instructor and shall be documented. 1. Certification Requirements: All officers must complete no less than three (3) hours of training in order to become certified in the use of O/C Spray. All officers must attend biennial training on the use of O/C Spray. 2. Remedial Training: Remedial training shall consist of individual, one on one, training session(s) with the instructor. Said sessions shall be scheduled by the Officer in Charge of Training. In the event the officer still fails to qualify with the weapon, the Police Director shall be notified through official memorandum though the Chain of Command. a. The Police Director shall determine the appropriate course of action concerning the failure to qualify. b. Any officer who fails to qualify will be directed to surrender his/her weapon and directed not to utilize same until he/she passes the approved qualification course(s). 132.4 EXPANDABLE & STRAIGHT BATON: 132.4.1 file:///PLN-DC01/...%20to%20post/Publications/132-122%20Care%20and%20use%20of%20authorized%20less%20lethal%20weapons.html[2/18/2016 4:24:58 PM] GENERAL REQUIREMENTS: A Monadnock Expandable Baton or Straight Baton may be utilized in accordance with agency policy and procedures concerning the authorized “use of force”. No officer shall carry or have in his/her possession a Monadnock Expandable Baton, or Straight Baton, unless he has first successfully completed an initial certification course and any biennial re-certifications thereafter as may be required by CALEA and/or state guidelines. All certifications shall be given either by a certified departmental Monadnock Expandable Baton or Straight Baton instructor, or other approved certified instructor (i.e. Police Academy). A. GENERAL REQUIREMENTS: Officers shall use the Monadnock Expandable Baton, or Straight Baton, only when such force is justified. Officers will also not use the Monadnock Expandable Baton, or Straight Baton, to intentionally strike another in those areas which have been designated as "vital" areas of the body, unless it is the officer's intent to employ "deadly force" and the officer is legally justified to do so in accordance with agency Rules and Regulations and agency policies and procedures. B. TRAINING: All training and proficiency shall be monitored by a certified weapons instructor and shall be documented. Any officer who does not successfully complete the certification in the use of the Monadnock Expandable Baton or Straight Baton shall not be permitted to carry or use the instrument, until such time as he/she has met the certification requirements. 1. Remedial Training: Remedial training shall consist of individual, one on one, training session(s) with the instructor. Said sessions shall be scheduled by the Officer in Charge of Training. In the event the officer still fails to qualify with the weapon, the Police Director shall be notified through official memorandum through the Chain of Command. a. The Police Director shall determine the appropriate course of action concerning the failure to qualify. b. Any officer who fails to qualify will be directed to surrender his/her weapon and directed not to utilize same until he/she passes the approved qualification course(s). 132.5 FLASH/SOUND DIVERSIONARY DEVICES 132.5.1 GENERAL REQUIREMENTS: Flash/sound devices, commonly referred to as ‘flash bangs’, may be utilized by properly trained members of the Special Operations Team (S.O.T.) (see SOP 570: Special Operations Team for additional information). The purpose for using these devices is to create a distraction or diversion in the immediate area of an intended target, allowing a safer environment for S.O.T. members to operate. When dealing with violent and/or armed suspects, the deployment of these devices will increase the probability of a successful and non-violent solution to the situation. The use of flash/sound diversionary devices will also decrease the probability of injuries to civilians or the suspect. A. AUTHORIZED USE: Only the S.O.T. commander or designee can authorize the use of flash/sound diversionary devices. Deploying the flash/sound diversionary devices in non-training situations, will only be done by S.O.T. team members who have successfully completed an approved course in the proper deployment of flash/sound diversionary devices. The S.O.T. commander or designee will ensure this training is completed and current. B. JUSTIFICATION FOR USE: The use of flash/sound diversionary devices may be considered whenever the use of this less lethal diversion will facilitate entry into a target structure to enable the arrest of a suspect(s) and/or reduce the risk of injury during a tactical situation. C. DEPLOYMENT CONSIDERATIONS: All available intelligence regarding all suspects, civilians and structures involved in the tactical situation shall be considered by the S.O.T. commander or designee prior to the authorization to deploy flash/sound diversionary devices. Additionally, S.O.T. personnel deploying the devices shall survey the immediate area for hazards to suspects, civilians or structures immediately prior to deployment. 1. Flash/sound diversionary devices have the potential to cause harm to humans in the immediate vicinity. The S.O.T. medic and/or first aid personnel must be available during the use of the devices. This shall not apply to the deployment of such devices during training. 2. Flash/sound diversionary devices may also have the potential to ignite flammable materials. Due to this risk, a portable fire extinguisher and/or another means of fire suppression shall be readily available whenever these devices are deployed. file:///PLN-DC01/...%20to%20post/Publications/132-122%20Care%20and%20use%20of%20authorized%20less%20lethal%20weapons.html[2/18/2016 4:24:58 PM] D. AFTER ACTION REVIEW: The S.O.T. commander or designee shall review the use of flash/sound diversionary devices as soon as practical following their deployment to ensure they were used in accordance with this policy and training and to determine their effectiveness. The deployment of the devices during tactical situations, including any injuries or damage, shall be documented in an after action report. 132.6 CONDUCTED ENERGY DEVICE (CED) 132.6.1 SCOPE: The term "conducted energy device" falls under the broader category of "stun gun" as that term is defined in the New Jersey Code of Criminal Justice. Specifically, N.J.S.A. 2C:39-1(t) provides that the term stun gun means "any weapon of other device which which emits an electrical charge or current intended to temporarily or permanently disable a person". 132.6.2 POLICY: The Attorney General's Use of Force Policy formally recognizes five (5) distinct types of force: 1. Constructive Authority. 2. Physical Contact. 3. Physical Force. 4. Mechanical Force. 5. Deadly Force. A. The Attorney General's supplemental policy on less lethal ammunition, essentially established a distinct level of force, known as enhanced mechanical force, which is defined as : an intermediate force option between mechanical force and deadly force, requiring a greater level of justification than pertaining to physical or mechanical force, but a lower level of justification than that required for the use of deadly force.There may be circumstances when an officer is confronting a combative,armed or violent person where deadly force is not immediately necessary. In some of these situations, the ability to use a conducted energy device may provide a law enforcement officer with the means to resolve the confrontation before it escalates into one where deadly force becomes necessary. Examples of situations: 1. A person is armed, or appears to be armed, with a potentially deadly weapon and refuses to comply with an officer's order to disarm, but the danger to the officer is not yet imminent. 2. A person is threatening or actively engaged in suicidal or other self-destructive, and the use of a conducted energy device is necessary to prevent the person from causing death or serious injury to themselves. B. The Attorney General's Use of Force Policy provides that deadly force may only be used when an officer reasonably believes that such force is immediately necessary to protect an officer or another person from imminent danger of death or serious bodily injury. Deadly Force may not be used against persons whose conduct is injurious only to themselves. C. While conducted energy devices are designed and intended to be used as less-lethal weapons, these devices can result in serious bodily injury, or death. The risk of causing immediate or long term injury depends on many factors, including but not limited to the terrain on which the targeted person is standing, given the risk that the device might cause the person to fall uncontrollably. D. Officers equipped with conducted energy devices must at all times recognize the seriousness and potentially lethality of these weapons. E. This policy limits the circumstances when a conducted energy device may be deployed, and prohibits use of these weapons in certain circumstances and for certain purposes. F. The device may only be used when it is reasonably necessary to temporarily incapacitate a physically combative person in order to prevent the person from causing death or serious bodily injury to themselves, the officer, or another person, or to prevent the escape of a violent offender. G. Any firing or discharge of a conducted energy device against a person, except as authorized by this policy, is prohibited. 132.6.3 DEFINITIONS: A. CONDUCTED ENERGY DEVICE (CED): Means any device approved by the Attorney General that is capable of firing darts/electrodes that transmits an electrical charge or current intended to temporarily disable a person. file:///PLN-DC01/...%20to%20post/Publications/132-122%20Care%20and%20use%20of%20authorized%20less%20lethal%20weapons.html[2/18/2016 4:24:58 PM] 1. NOTE: A Conducted Energy Device is often commonly referred to as a "TASER". B. FIRE: Means to cause the darts/electrode of a conducted energy device to be ejected from the main body of the device and to come into contact with a person for the purpose of transmitting an electrical charge or current against the person. C. DISCHARGE: Means to cause an electrical charge or current to be directed at a person in contact with the darts/electrodes of a conducted energy device. D. DRIVE STUN MODE: Means to discharge a conducted energy device where the main body of the device is in direct contact with the person against whom the charge or current is transmitted. E. SPARK DISPLAY: Means a non-contact demonstration of a conducted energy device's ability to discharge electricity that is done as an exercise of constructive authority to convince an individual to submit to custody. 132.6.4 AUTHORIZED OFFICERS: The Police Director shall determine the number of officers who are authorized to carry and use a conducted energy device. A. An officer shall not carry or use a conducted energy device unless the officer has been expressly authorized in writing by the Police Director, considering the officer's experience and demonstrated judgement and the officers has successfully completed all of the training requirements. B. The Police Director shall have the continuing responsibility to ensure that all officers authorized to carry or use a conducted energy device remain qualified by experience, demonstrated judgement, and training and Police Training Commission approved qualification and re-qualification procedures to be equipped with these weapons. C. The Police Director may at any time, suspend, or revoke the authority of an officer to carry or use a conducted energy device. 132.6.5 AUTHORIZATION TO USE CONDUCTED ENERGY DEVICES: An officer authorized to use a conducted energy device may fire an/or discharge the device only when: A. The officer believes such force is reasonably necessary to prevent the person against whom the device is targeted from causing death or serious bodily injury to themselves, an officer or any other person. B. The officer believes such force is reasonably necessary to prevent the immediate flight of an individual whom the officer has probable cause to believe has committed an offense in which the suspect caused or attempted to cause death or serious bodily injury. C. The individual will not voluntarily submit to custody after having been given a reasonable opportunity to do so considering the exigency of the situation and the the immediacy of the need to employ law enforcement force to prevent the individual from causing death or serious bodily injury to themselves or any other person. D. An officer shall not direct an electrical charge or current against a person who has already received an electrical charge from a conducted energy device unless the person, despite the initial discharge, continues to pose a threat of causing death or serious bodily injury to him/herself, an officer, or any other person. The person shall be given a reasonable opportunity to submit to law enforcement commands before being subjected to a second or subsequent discharge, unless the person's conduct after the initial discharge creates a risk of death or serious injury that is so immediate that any delay in applying a second or subsequent discharge would likely result in death or serious bodily injury. In the event that a second or subsequent discharge is authorized and necessary, the officer shall, when feasible, point the main body of the device so that the focus of the device's internal video camera is centered on the person in order to record the circumstances justifying and such second or subsequent discharge. E. An officer shall not direct an electrical charge or current against a person who is restrained by handcuffs unless: 1. The officer reasonably believes based on the suspect's conduct while handcuffed that such force is immediately necessary to protect the officer, the suspect, or another person from imminent danger of death or serious bodily injury; and 2. The use of physical or mechanical force (baton or O/C spray) is not immediately available to be employed, has been tried and failed to stop the imminent threat of death or serious bodily injury, reasonably appears to be unlikely to stop the imminent threat if tried, or would be too dangerous to the officer or an innocent person to employ. file:///PLN-DC01/...%20to%20post/Publications/132-122%20Care%20and%20use%20of%20authorized%20less%20lethal%20weapons.html[2/18/2016 4:24:58 PM] 3. In the event that a conducted energy device is discharged against a person who is restrained by handcuffs, the officer shall point the main body of the device so that the focus of the device's internal video camera is centered on the person in order to record the circumstances justifying the discharge. F. The officer shall not use a CED in drive stun mode unless the officer reasonably believes based on the suspect's conduct that discharging the device in drive stun mode is immediately necessary to protect the officer, the suspect, another person from imminent danger of death or serious bodily injury. G. A law enforcement officer shall not be required to exhaust the option of using a conducted energy device before using lethal ammunition in any circumstances where deadly force would be justified and authorized pursuant to the Attorney General's Use of Force Policy. 132.6.6 UNAUTHORIZED USE: The following uses are prohibited: A. A conducted energy device shall not be used or threatened to be used to retaliate for any past conduct or to impose punishment. B. A conducted energy device shall not be fired or discharged against a person who is exhibiting only passive resistance to an officer's command to move from or to a place, to get onto the ground, or exit a vehicle. C. A conducted energy device shall not be fired or discharged to prevent a person from committing property damage. D. A conducted energy device shall not be fired or discharged against the operator of a moving vehicle. E. Two or more conducted energy devices shall not be discharges upon a person at the same time. 132.6.7 TRAINING AND QUALIFICATION: In order to carry and/or use a conducted energy device, officers must successfully complete a training course and qualification procedure approved by the Police Training Commission in the proper use and deployment of conducted energy devices. All training and proficiency shall be monitored by a certified weapons instructor and shall be documented. All officers authorized to carry and use a conducted energy device shall qualify, and thereafter re-qualify semi-annually, in a training course and qualification procedure approved by the Police Training Commission. A. Remedial Training: Remedial training shall consist of individual, one on one, training session(s) with the instructor. Said sessions shall be scheduled by the Officer in Charge of Training. In the event the officer still fails to qualify with the weapon, the Police Director shall be notified through official memorandum through the Chain of Command. 1. The Police Director shall determine the appropriate course of action concerning the failure to qualify. 2. Any officer who fails to qualify will be directed to surrender his/her weapon and directed not to utilize same until he/she passes the approved qualification procedures. 132.6.8 DEPLOYMENT TECHNIQUES: A. An officer issued a conducted energy device shall determine and record on an appropriate log, prior to field deployment, that the device, including the video recording function, is operational. B. When feasible, the officer should warn the person against whom the conducted energy device is directed that they intent to fire the weapon. C. An officer shall not unholster a conducted energy device during an actual operation unless the officer reasonably believes that is may be necessary for the officer to use the conducted energy device. D. An officer may, through verbal commands, threaten to use a conducted energy device, so long as the officer's purpose is limited to creating an apprehension that the device will be used if necessary. E. An officer should not fire a conducted energy device if there is a substantial risk that the electrode/darts will strike an innocent person unless firing the device in such circumstances is necessary to protect the innocent person(s) from being killed or seriously injured by the person against whom the conducted energy device is targeted. F. To ensure officer safety, when feasible, at least one law enforcement officer other than the one deploying the conducted energy device should be present. G. A conducted energy device may be used in conjunction with a diversionary device, O/C Spray and other less file:///PLN-DC01/...%20to%20post/Publications/132-122%20Care%20and%20use%20of%20authorized%20less%20lethal%20weapons.html[2/18/2016 4:24:58 PM] lethal weapons. H. A conducted energy device shall not be directed against a person who is situated on an elevated surface (e.g., a ledge, scaffold, near a precipice, etc.) unless reasonable efforts have been made to prevent or minimize a fallrelated injury. I. A conducted energy device shall not be used in, on, or immediately adjacent to a body of water in which the targeted person could fall during any stage of the application of the electrical current generated or transmitted by the device. J. A conducted energy device shall not be used in any environment where an officer knows or has reason to believe that a potentially flammable, volatile, or explosive material is present that might be ignited by an open spark, including but not limited to pepper spray with a volatile propellant, gasoline, natural gas or propane. K. While officers must at all times respect the seriousness and potential lethality of a conducted energy device, an officer should use particular care when considering whether to use a conducted energy device against an individual who is particularly vulnerable due to age (either elderly or young) or due to a known or reasonable apparent medical condition (e.g. a pregnant female). 132.6.9 HANDLING OF INJURED SUSPECTS A. Subjects against whom a conducted energy device has been directed shall be transported to a medical facility for examination if they suffer bodily injury or request medical attention. B. A reasonable effort should be made when practicable to treat the impact area of the dart or if the dart falls out of the wound made by the impact. 132.6.10 REPORTING AND EVALUATION A. In all instances when a conducted energy device is fired or discharged, or where a spark display is conducted during an actual operation, the law enforcement officer who employed such force shall complete: 1. Any reports made necessary by the nature of the underlying incident and, 2. A use of force report 3. A conducted energy device report 4. All wound treatment done, or why not. B. In all instances when a conducted energy device is fired at or discharged upon a person, the Chief Law Enforcement Officer (CLEO) or his designee shall investigate the circumstances and outcome of the device's use. The CLEO or his designee shall report on the incident to the Police Director, providing information on all relevant circumstances,deployment, and outcome, including whether the deployment avoided injury to an officer and avoided the need to use deadly force. Upon receipt the Police Director shall issue a finding on whether the firing and all discharges complied with the Attorney General Policy on Conducted Energy Devices. The Police Director shall forward the report to the County Prosecutor within three (3) business days or the firing/discharge, unless granted an an extension. C. In all instances when a conducted energy device is fired at our discharged upon a person, a superior officer designated by the Police Director shall take custody of and safeguard the device and the digital information in that device concerning the incident. After the information is safeguarded, the device may be returned to deployment. D. The information stored in the device concerning the use of force incident (i.e., e.g., date concerning the time the weapon was fired, the time of all electrical discharges, and video recording of the firing of the weapon and electrical discharges) shall be preserved and reported on in the report of the incident pursuant to section 132.6.8 A. 132.6.11 APPROVED CONDUCTED ENERGY DEVICES A. The New Jersey State Police shall develop a list of specifications and characteristics of conducted energy devices that may be deployed and used. Those specifications will include the following requirements: file:///PLN-DC01/...%20to%20post/Publications/132-122%20Care%20and%20use%20of%20authorized%20less%20lethal%20weapons.html[2/18/2016 4:24:58 PM] 1. The device must be capable of making a date and time stamped digital record of each occurrence when the darts/electrode are fired, and of each occurrence when an electrical current is discharged. 2. The device must be capable of making a digital video recording of each such firing and electrical discharge, where the focus of the internal camera is centered is centered on the person against whom the conducted energy device was targeted. 3. The device must safeguard all such digital data and video recording to ensure that they can be accessed or erased only by appropriate supervisory personnel. B. The private ownership or possession of a conducted energy device or any other form of stun gun is strictly prohibited and is subject to criminal prosecution. 132.6.12 ISSUING CONDUCTED ENERGY DEVICES: Only authorized supervisors and officers who are trained in the proper use of the conducted energy device may sign out the equipment. The Shift Commander or their designee will be responsible for issuing conducted energy devices to authorized officers at the start of each tour of duty. A list of officers qualified to be issued a conducted energy device will be located in the weapons room. The Shift Commander or their designee will ensure that the conducted energy device sign out log sheet is completed. The Firearms Coordinator will maintain the log sheet. The following information will be recorded on the log sheet: A. B. C. D. Date Time Officer's ATS Number Shift Commander's or their designee's ATS number file:///PLN-DC01/...%20to%20post/Publications/132-122%20Care%20and%20use%20of%20authorized%20less%20lethal%20weapons.html[2/18/2016 4:24:58 PM] WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures MASS ARRESTS Chapter: 567 Volume Five: Law Enforcement Operations Date(s): Authority General Order #: File #: Effective: May 8,1998 Chief Wm. Trenery 98-008 567-981 Revised: 10-15-98 Chief Wm. Trenery 98-023 567-982 Revised: 02-10-12 Director R. Hubner 11-003 567-121 Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 15.1.1, 46.1.2, 46.1.4, 46.1.6, 46.1.7, 72.5.6 567.1 POLICY & PURPOSE: 567.1.1 POLICY: In the event of a situation which presents the potential for mass arrests, the transport, processing, space arrangements, detention and security of detainees will present special issues for the department due to the large number of arrestees involved. This policy establishes procedures and guidelines to be followed in the event it becomes necessary for officers of the Woodbridge Township Police Department to manage an incident which includes mass arrests. 567.1.2 POLICY: Although alternatives to mass arrest should be sought, it may become necessary to arrest violators in large numbers to quell a potential situation from escalating further. The purpose of this policy is to provide members of the agency with guidelines to follow in these situations in order to ensure the safety and well being of all involved, which includes members of the agency as well as those being arrested. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures COURTROOM PREPARATION & TESTIMONY Chapter: 835 Volume Eight: Auxiliary & Technical Services Date(s): Authority General Order #: Effective: July 9, 1998 Chief Wm. Trenery 98-019 Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: File #: 835-981 835.1 POLICY & PURPOSE: 835.1.1 POLICY: It is the policy of the Woodbridge Township Police Department that all officers be adequately prepared to present themselves in court when so required, and to provide complete and accurate testimony while giving evidence before the court. 835.1.2 PURPOSE: The purpose of this policy is to establish guidelines and standards which officers are to follow when subpoenaed, and when preparing and presenting cases before the court. The presentation of evidence in court is the final step taken by the police in a criminal case. The effectiveness of this presentation is, to a large degree, dependent upon the competence of the officer when testifying. All of the police efforts that precede the court appearance can be nullified by an inadequate, incomplete or unsatisfactory presentation of the facts by the testifying officer. The court will consider not only the quality of the evidence itself, but also the manner in which it is presented. The officer's personal appearance, demeanor, attitude, and ability to express his/herself in a convincing manner can greatly effect the weight of the testimony and have significant influence on the outcome of the case. It is only human nature for an officer to take a personal interest in a criminal case in which he/she has been deeply involved and to firmly believe that the offender is guilty and should be convicted. In his/her testimony, however, the officer must make every effort to present the facts fairly and impartially without understating or exaggerating any of the circumstances. The legal technicalities involved in bringing a criminal investigation and subsequent prosecution to a successful conclusion require a team approach. By working together, the prosecutor relies on the investigative skills of the police and the police rely on the skills of the prosecutor in handling the legal aspects. Every court appearance should be a learning experience for a police officer. The officer should evaluate his/her testimony objectively and constantly make every effort to improve his/her skills as a testifying officer. After a court proceeding has concluded, particularly if the case has been lost, an effort should be made to determine where improvements can be made to strengthen similar cases in the future. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures PRISONER TRANSPORTATION Chapter: 810 Volume Eight: Auxiliary & Technical Services Date(s): Authority General Order #: Effective: June 18, 1998 Chief Wm. Trenery 98-015 Revised: 02-08-00 Chief Wm. Trenery 00-001 Revised: 07-01-10 Chief Wm. Trenery 10-003 Revised: 02-21-12 Director R. Hubner 11-003 Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: Chapter 71 (in its entirety), 41.3.3 File #: 810-981 810-001 810-101 810-121 810.1 POLICY AND PURPOSE 810.1.1 POLICY: It is the policy of this department that all officers, in handling and transporting prisoners, will use only such force as is reasonable and necessary to control the prisoner and to ensure the safety of the officers. Arresting and transporting officers shall take all appropriate measures to ensure the preservation of the rights and safety of the prisoners, and to prevent their escape. 810.1.2 PURPOSE: The purpose of this policy is to minimize the threat of harm or injury to officers, to the prisoners being transported, and to the general public. Furthermore, this policy is designed to minimize the chance of escape by employing sound precautionary tactics when transporting a prisoner from one location to another. The transportation of prisoners by law enforcement officers is a frequent requirement. Prisoners are transported under many circumstances to include: transport by the arresting officer immediately after arrest; transfer to or from other agencies or holding facilities, movement of prisoners from holding facilities to medical treatment centers and transfer of prisoners to court. The adherence to proper procedures for handling and transporting prisoners is essential to ensure both the rights of the prisoner and the safety of the transporting officer(s), the prisoner(s), and the general public. Adherence to proper procedures will also minimize the possibilities of injury, escape, or allegations of mistreatment of prisoners. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures RADIO COMMUNICATIONS Chapter: 861 Volume Eight: Auxiliary & Technical Services Date(s): Authority General Order #: File #: Effective: Nov. 20, 1997 Chief Wm. Trenery 97-015 861-971 Revised: Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: FCC RULES AND REGULATIONS - TITLE 47 (Telecommunications) ACCREDITATION STANDARDS REFERENCES: 81.1.2, 81.2.5, 81.2.6 861.1 POLICY AND PURPOSE: 861.1.1 POLICY: It is the policy of this department for all members to adhere to proper radio protocol and procedures as established by the Federal Communications Commission (FCC), as well as, all procedures outlined within this policy. 861.1.2 PURPOSE: Due to the nature of law enforcement, radio communications are an essential link between officers in the field and the police station, as well as a line of communications which serves as a radio link between this department and various other law enforcement agencies. To ensure that this form of communications is used in the most effective and efficient way, the following procedures have been established to facilitate its use. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures PATROL DIVISION WORK SCHEDULES Chapter: 500 Volume Five: Law Enforcement Operations Date(s): Authority General Order #: Effective: 10-28-98 Chief Wm. Trenery 98-025 Revised: 02-06-03 Chief Wm. Trenery 03-001 Revised: 07-02-04 Chief Wm. Trenery 04-003 Revised: 03-07-05 Chief Wm. Trenery 05-001 Revised: 02-24-12 Director R. Hubner 11-003 LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 41.1.1, 41.1.2 File #: 500-981 500-031 500-041 500-051 500-121 500.1 POLICY AND PURPOSE: 500.1.1 POLICY: It is the policy of the Woodbridge Township Police Department to provide twenty four hour a day police coverage seven days a week for the assigned patrol areas established within the Township. 500.1.2 PURPOSE: To ensure that the Police Department provides the community with continuous police protection in accordance with departmental policies and procedures and or departmental goals and objectives. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures SCHOOL LOCKDOWN Chapter: 542 Date(s): Authority Effective:August 29, 2007 Chief Wm. Trenery Revised: 11-09-11 Director R. Hubner Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: Volume Five: Law Enforcement Operations General Order #: 07-006 11-003 File #: 542-071 542-111 542.1 POLICY AND PURPOSE 542.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department that all members comply with the following procedures whenever responding to a facility in which a lockdown has been initiated. 542.1.2 PURPOSE: The ultimate responsibility for determining the method of a school lockdown as well as the policies related to school lockdowns rests primarily with the respective school districts. That being said, law enforcement has the responsibility to respond to reported lockdowns and to react appropriately. Therefore, it is important that each discipline have specific policies in place that deal with this issue. This policy deals solely with the duties and responsibilities of law enforcement as it relates to school lockdowns (not sheltering in place). WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures SEARCH & SEIZURE Chapter: 110 Volume One: Law Enforcement Role & Responsibilities Date(s): Authority General Order #: Effective: Feb. 24, 1998 Chief Wm. Trenery 98-002 Revised: Nov. 7, 2001 Chief Wm. Trenery 01-007 Revised: May 1, 2003 Chief Wm. Trenery 03-003 Revised: Aug. 29, 2007 Chief Wm. Trenery 07-006 Revised: Sept. 8, 2009 Chief Wm. Trenery 09-005 Revised: Oct. 21, 2010 Chief Wm. Trenery 10-006 Revised: Oct. 11, 2011 Director R. Hubner 11-003 Revised: Feb. 21, 2012 Director R. Hubner 11-003 LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 1.2.4, 70.1.1, 74.3.1 File #: 110-981 110-011 110-031 110-071 110-091 110-101 110-111 110-121 110.1 POLICY & PURPOSE: 110.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to conduct all arrests, searches and seizures in compliance with all local, state and federal statutes, case law and the Constitution of the State of New Jersey and the United States of America. The procedures outlined herein shall be used as a guide by all police officers of this department. 110.1.2 PURPOSE: The term “search and seizure” includes the examination of persons or places for the discovery of property stolen or otherwise unlawfully obtained or held, or of evidence of the commission of crime, and the taking into legal custody of such property or evidence for presentation to the court. Failure to comply with the legal technicalities which govern these procedures result in more failures to obtain convictions than any other source. The Fourth Amendment of the U.S. Constitution has been interpreted by the U.S. Supreme Court to require that, whenever possible and practicable, with certain limited exceptions, a police officer should always obtain a valid search warrant in advance. The Fourth Amendment of the U.S. Constitution declares: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. There is nothing more frustrating to a police officer than to learn that evidence which would most certainly lead to a file:///PLN-DC01/DATA/New%20to%20post/Publications/110-121%20woodbridge%20search%20seizure%20SOP.html[2/18/2016 4:19:14 PM] finding of guilty, has been ruled inadmissible and excluded because of the manner in which it was obtained. In order to ensure that their efforts will not become lost in the maze of legal technicalities, it is imperative that all police officers thoroughly understand the basic constitutional and statutory requirements involved in searching for and seizing criminal evidence. The following procedures have been prepared to provide basic guidelines that are both legal and practical in the technical area of searches and seizures. In their implementation all related department policies such as Arrests, Investigative Detention, Search Warrant Affidavits, the Use of Informants and the Handling, Preservation and Security of Evidence should also be considered. 110.2 FOURTH AMENDMENT RIGHTS 110.2.1 FOURTH AMENDMENT PROTECTIONS: The Fourth Amendment gives people the right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. There are specific areas that the court has ruled are constitutionally protected and other areas that are deemed not protected by the Fourth Amendment. The following are examples of court decisions concerning search and seizure: A. PREMISES: A person’s dwelling is viewed by the courts as an area entitled to the highest degree of expectation of privacy. Constitutional protection extends to apartments, hotel/motel rooms, rooms in a rooming house, dorm rooms, and similar type living situations. An unconsented police entry into a premise may constitute a search which must meet the Fourth Amendment criteria. Officers must obtain a consent search or a search warrant if the situation does not allow for an exigent circumstances search. B. CURTILAGE: Curtilage is land or property that surrounds a private dwelling and the outbuildings immediately surrounding the home. All the buildings that are in close proximity to a dwelling are generally considered to be within the curtilage and entitled to a high degree of expectation of privacy. C. OPEN FIELDS: Open fields are lands or fields not directly associated with a dwelling or curtilage, including forests and woodlands. There is no expectation of privacy in open fields. Therefore, uninhabited property may be subject to a search without a warrant. D. WORKPLACE: Some areas of a person’s workplace are entitled to a high expectation of privacy, such as locked desk drawers or lockers. Exceptions would be if the employee was given notice that he or she has not expectation of privacy when using the desk or locker for personal storage since it is owned by the employer. Three factors to consider in determining workplace privacy are: 1. The extent to which a particular area searched may be said to have been set aside for personal use by an employee. 2. Was the search prompted by unique or special needs of the employer to maintain close scrutiny of the employees? 3. Whether or not prior notification of privacy was given to an employee. E. ABANDONED PROPERTY: A person is found to have abandoned his or her property and all Fourth Amendment protections when he or she voluntarily discards, leaves behind, or otherwise relinquishes interest in the property. A person is determined to have no constitutional protection if he or she denies ownership of the property and the officer could not reasonably determine ownership of the property. F. CANINE SNIFF: A canine trained to detect illegal contraband can legally sniff an item or area and it does not violate the Fourth Amendment. Officers are not permitted to violate the Fourth Amendment by allowing the dog to enter into an area which has Fourth Amendment protection. 110.3 SEARCH BY CONSENT: 110.3.1 REQUIREMENTS: In many cases, one of the primary recognized exceptions to the search warrant requirement, the file:///PLN-DC01/DATA/New%20to%20post/Publications/110-121%20woodbridge%20search%20seizure%20SOP.html[2/18/2016 4:19:14 PM] consent search, may be the quickest and easiest way for the police to gain lawful access to premises/property in the investigation of crime. A. When a police officer requests a consent to search certain conditions must be met in order for the consent to be valid. All of the following conditions must be met: 1. The police officer has made a valid stop or arrest based on probable cause. 2. The police officer has requested consent to search that is neither threatening, harassing, coercive, or intimidating. 3. The police officer has clearly advised that the person has a right to refuse consent. 4. The police officer has clearly advised the person that he/she can withdraw consent at any time and may depart, as long as no lawful reason exists for the officer to continue to detain the person. 5. The person granting consent has a sufficient apparent authority over the property searched to grant consent. 6. The scope of the consent search is limited to the scope of the consent that is given by the consentee authorized to give consent. 7. The police officer shall immediately cease the search upon consentee’s withdrawal of the original consent, except that a search may continue if permitted on some nonconsensual basis (i.e., an exception to the warrant requirement.) 8. See Section 110.5 of this policy for details on searches of motor vehicles. B. “CONSENT TO SEARCH” FORM: No police officer will begin to perform a consent search before the person granting consent has either signed the Consent to Search form or granted oral consent but declined to sign the Consent to Search form. If an individual cannot sign because of a physical or educational challenge, it should be noted on the form. C. CONSENT TO SEARCH SUBSEQUENT TO A MOTOR VEHICLE STOP: Whenever a request for consent to search is made to a motorist during the course of a motor vehicle stop and the police vehicle involved in the motor vehicle stop is equipped with a mobile video recorder (MVR), the entire consent search incident will be recorded, including the request for consent, the explanation and signing of the form and the actual search. This requirement should not be interpreted to require that the officer(s) compromise safety to capture the incident on video. D. CONSENT TO SEARCH REPORTING: All police departments within Middlesex County are required to submit copies of all Consent to Search forms, regardless of whether consent was granted or not, to the Middlesex County Prosecutor’s Office on a quarterly basis, as well as any other supplemental investigation reports which may have been prepared in connection with the stop and search. These reports must articulate the reasonable suspicion on which the request for consent to search is predicated. 110.4 STOP & FRISK: 110.4.1 STOP & FRISK: A police officer, in appropriate circumstances, may temporarily stop and briefly detain a person for the purpose of inquiring into possible criminal behavior even though the officer does not have probable cause to make a lawful arrest at that time. In addition, an officer may frisk such a person for weapons as a matter of self-protection when he/she reasonably believes (articulable suspicion of a weapon) that his/her own safety, or that of another nearby, is endangered. The purpose of this temporary detention for questioning is to enable the police officer to determine whether to make an arrest, whether to investigate further, or whether to take no police action at that time. The term "investigative detention", as used in this policy and procedure statement, includes what is commonly referred to as "stop and frisk". The term "stop and frisk" is derived from the case of Terry v. Ohio in which the U.S. Supreme Court recognized the authority of police to engage in warrantless stopping, questioning and frisking of suspicious persons. A search for weapons is permissible where a police officer has reason to believe that he/she is dealing with an armed and dangerous individual, regardless of whether the officer has probable cause to arrest for a crime, and the officer need not be absolutely certain that the individual is armed, but the issue is whether a reasonably prudent man in the circumstances would be warranted in his/her belief that his/her safety, or that of others, was in danger. file:///PLN-DC01/DATA/New%20to%20post/Publications/110-121%20woodbridge%20search%20seizure%20SOP.html[2/18/2016 4:19:14 PM] Although police officers should never hesitate to make an investigatory stop and a necessary frisk under appropriate circumstances in order to meet the practical needs of effective law enforcement, they should avoid the indiscriminate or unjustified use of this authority. Such police action is not only frowned upon by the Courts, but it also detracts from the professional image of the police among the citizens of the community in which they serve. A. GROUNDS FOR MAKING A STOP: It is a basic police duty to be alert for and check on suspicious persons or circumstances, particularly in crime-prone areas. A brief investigative stop and inquiry is warranted when reasonable suspicion exists. B. WHERE A STOP CAN BE MADE: A police officer has the authority to stop a person for an investigative inquiry in any place where the officer has a right to be including: 1. Any public place; 2. Any place or area open to the public; 3. Any private premises entered with a valid warrant, by consent, or under emergency circumstances. C. REASONABLE BELIEF OR SUSPICION: There is no precise formula for determining the legality of an investigatory stop, but it must be based upon a reasonable belief or suspicion on the part of the officer that some activity out of the ordinary is taking place, that such activity is crime-related and that the person under suspicion is connected with or involved in the criminal activity. An investigatory stop does not require probable cause for arrest. It may be based upon the officer's own observations or information supplied by others. The information on which the officer acts should be well-founded and reasonable (articulable suspicion). Lastly, a hunch or pure guesswork, or an officer's unsupported intuition is not a sufficient basis to make such "stops". No single factor alone is normally sufficient, but the following are some of the factors which may be considered in determining the reasonableness of an investigative stop by a police officer in the field: 1. The personal observations of the officer and his/her police training and experience; 2. A police officer's knowledge of criminal activity in the area; 3. The time of day or night, and the place of observation; 4. The general appearance and demeanor of the suspect and any future behavior which indicates possible criminal conduct; 5. The suspect's proximity to the scene of a recently reported crime; 6. The knowledge of the suspect's prior criminal record or of his/her association with known criminals; 7. Visible objects in the suspect's possession or obvious bulges in his/her clothing; 8. Resemblance of the suspect to a person wanted for a known crime; 9. Information received from police sources or from other reasonably reliable sources of information. D. EXERCISING DUE CAUTION: The fact that an individual has aroused the police officer's suspicion should cause the officer to make his/her approach with vigilance, due caution, and to be alert for any possibility of potential danger. 1. A routine police check of suspicious circumstances may uncover the commission of a serious crime or the presence of a dangerous criminal. 2. If the stopped suspect has just committed a major crime, he/she may be an immediate threat to the officer's safety, or he/she may suddenly attempt to flee from the scene. E. DURATION OF STOPS: No hard and fast rule can be formulated to determine the period of time required for an investigative detention, but it should be reasonably brief under the particular circumstances. It should be no longer then the time needed to confirm or deny the suspected criminal activity. The courts balance the reasonableness of time on the officer’s diligence in confirming or denying their suspicions. 1. Generally, it should be no longer than the period of time necessary to check the suspect's identity and the reliability of his/her story, unless information is obtained which establishes probable cause to make an arrest. 2. If the answers given by the suspect are unsatisfactory because they are false, contradictory or incredible, they may serve as elements or factors to establish probable cause. 3. The period of investigative detention should be sufficiently brief so that the "stop" cannot be construed as an "arrest", which would require probable cause. F. CRITERIA FOR PAT DOWN SEARCHES (FRISKS): If a police officer reasonably believes that his/her own safety or that of others is in danger, the officer may frisk or pat-down search the person stopped, and he/she may also search the area within that person's immediate control in order to discover and take control of any weapon that may be used to inflict injury. file:///PLN-DC01/DATA/New%20to%20post/Publications/110-121%20woodbridge%20search%20seizure%20SOP.html[2/18/2016 4:19:14 PM] 1. If the officer has reasonable belief or suspicion, based upon reliable information or personal observation, that a weapon is being carried or concealed in some specific place on the person of the suspect, the officer should immediately check that area before performing a general pat-down. 2. A frisk should not be made as a pretext to search for evidence of crime; it must be a protective measure. 3. The frisk must initially be limited to an external pat-down of the suspect's outer clothing, but if such outer clothing is bulky, such as a heavy overcoat, these garments may be opened to permit a pat-down of inner clothing. 4. If the officer feels an object which could reasonably be a weapon, the officer may conduct a further search for that particular object and remove it. The officer may use his tactile recognition to determine if the object may be a weapon. If this is prevented the officer has the right to retrieve the entire contents of the pocket. 5. If after completing a pat-down of the suspect, the officer does not feel any object which could reasonably be a weapon, then the officer should discontinue his/her search. 6. If while frisking a stopped person, the officer discovers an illegal firearm, contraband, stolen property or evidence of a crime, and probable cause to arrest develops, an arrest should be made and a full-scale search incident to that arrest should be made. 7. Suspects of the opposite sex shall be searched with the backside of an officer’s hands. G. INITIAL APPROACH AT THE TIME OF THE STOP: When a police officer makes a decision to stop a person for investigative purposes, unless, the officer is in uniform, he/she should identify him/herself as a police officer, as soon as it is safe and practical to do so. The officer should also announce the purpose of his/her inquiry unless such information is obvious. 1. An investigatory inquiry should begin with exploratory questions regarding the suspect's identity and his/her purpose. 2. Every officer should acquire the ability to initiate an investigatory inquiry in a calm, conversational manner in order to gain as much information as possible without placing the suspect on the defensive. 3. Even in a brief conversation with a suspect, an alert and perceptive officer can often detect or sense that something is wrong and that further police investigation is required. 4. An officer should always bear in mind, however, that he/she must have a firm foundation for his/her initial suspicions in order to justify an investigative detention and inquiry. The officer must be able to articulate and to commit the reasons or basis for the "stop" to writing. 5. Investigative stops are intended to be on-the-spot inquiries. 6. To verify the information obtained from the suspect, it may be necessary to move a short distance to a radio or telephone. 7. Under special circumstances, such as the gathering of a hostile crowd, heavy traffic, or the necessity to use the police radio, the suspect may be placed in the rear seat of a police vehicle. 8. As part of a stop, police may detain a suspect for a short time so that an eyewitness may be brought to the scene to make an in-person identification. 110.5 SEARCH OF MOTOR VEHICLES: 110.5.1 VEHICLE SEARCHES: There are instances in which a warrantless search of a vehicle will be permitted: A. Following Stop for Motor Vehicle Violation: An officer may stop a car for a suspected motor vehicle violation. The driver may be asked to exit the vehicle for the officer’s protection. Passengers may be asked to exit the vehicle only if the officer has a specific articulable reason to be concerned for his/her safety. A limited search of persons and vehicle may be performed when: 1. Appearance or conduct of passengers suggests a weapon is present. Officer may perform a pat-down of occupants and/or a limited search of the area in which officer observed attempts to hide something. 2. A search for credentials is allowable under the following circumstances: a. No registration is produced and ownership is in doubt after N.C.I.C. check. b. There is a reasonable belief that the motorist is not in lawful possession of the vehicle. file:///PLN-DC01/DATA/New%20to%20post/Publications/110-121%20woodbridge%20search%20seizure%20SOP.html[2/18/2016 4:19:14 PM] c. The search is limited to area where registration might normally be kept - glove compartment, console, over sun visor, under floor mats. d. No search of the trunk is permitted. 3. Plain view observation reveals presence of suspected illegal articles. a. Contraband (evidence of criminal activity) visible from outside vehicle may be seized. b. Trunk may not be searched for evidence of C.D.S. without a warrant or consent. c. Once inside the vehicle to seize the contraband visible form outside the vehicle, additional contraband can be seized only if it is in plain view. B. Where probable cause exists to believe auto contains contraband or evidence of a crime. 1. Absent exigent circumstances, either consent or a search warrant must be obtained. a. Any exigent circumstance must be fully documented in a police report. 2. Plain Smell: The odor of raw or burning marijuana can, in conjunction with other circumstances, constitute probable cause to believe that there is marijuana inside a vehicle, but a warrantless search is not authorized. Consent to search should be requested. If consent to search is not given, a search warrant should be obtained. 3. Exigent circumstances may exist to conduct a motor vehicle search based on probable cause if there are no officers available to secure the vehicles (State v. Pena-Flores – NJ 2009). 4. A Search warrant or consent must be obtained for luggage or closed containers found in a car where no exigent circumstances exist. Examples of exigent circumstances are: a. Destruction of evidence. b. Officer/Public safety issue. 5. Passengers may only be searched incident to arrest, although protective frisk may be made if appropriate under the circumstances. 6. Regardless of whether a custodial arrest is made, the police may search the passenger compartment of a car when they have a reasonable basis to believe that the driver or other occupant is armed and dangerous. This only applies if the occupants still have access to the car. If suspects are handcuffed, a warrantless search is no longer permissible. C. Incident to arrest of driver or other occupant. 1. Police may conduct a search of person arrested. 2. Search of vehicle provided: a. Search is directed toward discovery of evidence related to crime which is basis for arrest. b. Search is close in time to arrest. c. Search for weapons is limited only to the area within reach of arrestee and the arrestee has access to the area (not handcuffed). 3. In situations where the driver has been arrested, the preference is for consent, a traditional written search warrant, or an oral, in-person warrant. Once the driver has been placed under arrest, it will be extremely difficult to argue exigent circumstances. If consent is not granted, the vehicle should be removed to a secure holding area. A written affidavit or oral, in-person application can then be presented to a Superior or Municipal Court Judge. All telephonic warrant applications must be made to a Superior Court Judge. Generally, once the suspects are under arrest and the vehicle is secured, time is on the side of law enforcement. This is not intended to prohibit officers from utilizing the automobile exception or telephonic search warrant when truly extraordinary, emergency situations arise. Approval for all forms of search warrants must be granted by the zone prosecutor before presentation to a Judge. D. Pursuant to valid consent by owner or vehicle operator where: If an officer has “reasonable and articulable suspicion” (State v. Carty – NJ 2002) that a vehicle may contain contraband and/or evidence of criminal activity, that officer may request that the owner/operator grant consent to search. The following guidelines must be followed: 1. Written consent forms should be signed. If the suspect grants consent but refuses to sign the form, the officer must clearly document the consent and refusal to sign in a report. 2. Whenever possible the consent should be recorded. If the consent is given at the roadside it should be recorded on a car camera and saved for evidentiary purposes. Consent given at police headquarters should be recorded (video and audio) when possible. 3. The person has been advised that he/she has the right to refuse consent and knowingly waives his/her right to require that a search warrant be obtained. file:///PLN-DC01/DATA/New%20to%20post/Publications/110-121%20woodbridge%20search%20seizure%20SOP.html[2/18/2016 4:19:14 PM] 4. The consent is a product of the party's free will. 5. The consent is clear and explicit. 6. The consenting party has authority to do so, based upon equal right to ownership or use of vehicle or thing searched. 7. The search is limited to area for which consent is given. 8. The person has been advised consent can be withdrawn at any time. 9. The person is advised of right to be present during the search. Any waiver of this right must be expressly obtained. E. Inventory of Motor Vehicle: 1. In order to perform an inventory, the vehicle must first be subject to lawful impoundment, as in the case wherein: a. Vehicle is unregistered. b. Vehicle is uninsured. c. Vehicle is being operated in an unsafe condition. d. Vehicle is disabled and blocking roadway. e. Probable cause exists to believe vehicle is stolen. f. Vehicle is subject to forfeiture under N.J.S. 2C:64-1.. 2. Owner or operator must be given the opportunity to provide for removal of the vehicle prior to impoundment. 3. Owner or operator must be given the opportunity to remove contents of vehicle where there is no evidence of unlawful activity. 4. An inventory may be performed immediately only to accomplish the following three (3) care taking functions: a. Protection of the owner's property. b. Protection of the police from claims of stolen property. c. Protection of the police from dangerous instrumentality's in the vehicle. 5. If there is any reasonable basis to conclude that the vehicle may contain stolen property, narcotics or other contraband, a search warrant must be procured. 110.6 CRIME SCENE SEARCH: 110.6.1 GENERAL REQUIREMENTS: There is no general exception to the warrant requirement when searching crime scenes. All requirements for warrants, and their exceptions, apply. A. EXCEPTIONS: An officer of this agency may search a crime scene without a warrant only when the circumstances present at the crime scene conform to the procedures outlined within this policy concerning the application of; 1. Search Incidental to an Arrest 2. Plain View Seizure 3. Consent Search 4. Movable Vehicles 5. Exigent Circumstances B. ALL OTHER TIMES: At all other times, an officer is required to obtain a duly authorized search warrant prior to effecting a search upon a crime scene. 110.7 EXIGENT CIRCUMSTANCES: 110.7.1 SEARCH EMERGENCY OR EXIGENT CIRCUMSTANCES: A police officer is authorized to conduct a search file:///PLN-DC01/DATA/New%20to%20post/Publications/110-121%20woodbridge%20search%20seizure%20SOP.html[2/18/2016 4:19:14 PM] without a warrant when faced with an emergency situation where delay would endanger his/her or the public's safety or might result in the escape of the offender or the destruction of evidence. Many emergencies justifying a warrantless entry and search do not necessarily involve criminal acts; for example, when a police officer hears a call for assistance, when he/she observes smoke or flame, or when he/she learns of an actual or potential natural or man-made calamity or disaster, the police officer has the duty and obligation to respond immediately. The authority of the police to make warrantless entries in emergency situations, whether criminal or non criminal, is based upon their fundamental responsibility to preserve the peace and to protect the public safety. A. REQUIREMENTS: The doctrine that permits warrantless entries and searches because of exigent circumstances requires justification by the police that it was impractical for them to obtain a search warrant in advance and that the warrantless search was truly necessitated by the emergency circumstances which could not have been anticipated. 1. While conducting a lawful search justified by emergency circumstances, a police officer may seize any incriminating evidence inadvertently discovered in plain view. 2. A warrantless entry into a burning building is permissible in an emergency and officials may remain for a reasonable time to investigate the cause of the fire and any evidence of arson discovered is admissible at trial. Any reentry after the fire has been extinguished and officials have left the scene should be made pursuant to a search warrant, unless the re- entry is justified by a recognized exception to the warrant requirement such as consent, emergency or abandonment. 3. It has been said that an officer who has reasonable cause to believe premises contain things imminently likely to burn, explode, or otherwise cause death, serious bodily harm, or substantial destruction of property may, without a search warrant, enter and search such premises to the extent reasonably necessary for the prevention of such death, bodily harm or destruction. 4. "Hot pursuit" of a fleeing dangerous criminal suspect wanted for a serious crime. This does not include forcible entry to a dwelling for the arrest of a suspect for a minor offense. (i.e. DWI offenses, minor drug offense, DP’s, PDP’s). 110.8 PLAIN VIEW: 110.8.1 GENERAL REQUIREMENTS: The so-called "plain view" doctrine has often been relied upon by both state and federal courts to uphold seizures of evidence observed by police officers legitimately carrying out their duties. A. REQUIRED CONDITIONS: This "plain view" exception to the warrant requirement is permissible if the following conditions are met: 1. There must be a prior lawful entry which brings the officer within "plain view" of the item seized; and 2. The item seized must be "immediately apparent" as contraband or evidence of a crime. a. To satisfy the condition of being "immediately apparent" as seizable evidence, the officer shall have probable cause to believe that the evidence observed in plain view was incriminating. b. Example: An officer lawfully enters a private premises to execute a valid search warrant for designated property or articles and while conducting this lawful search the officer discovers within plain view other evidence that he/she immediately recognizes as incriminating. These items may be properly seized. 3. The courts have also upheld the seizure of incriminating evidence, inadvertently found in plain view, when a police officer entered the premises to make a lawful warrantless arrest; or entered as a result of lawful consent; or entered in an emergency to render necessary aid or assistance. B. SEIZURE OF ARTICLES IN PLAIN VIEW: When police officers lawfully enter a dwelling they may seize objects in plain view, if such seizure was not anticipated, and if they have reasonable cause to believe that there is a connection between the objects seized and criminal behavior. Items discovered by a police officer inadvertently and without particular design and reasonably believed by him/her to be connected with criminal activity may be seized, if in plain view even though not mentioned in the search warrant. file:///PLN-DC01/DATA/New%20to%20post/Publications/110-121%20woodbridge%20search%20seizure%20SOP.html[2/18/2016 4:19:14 PM] 1. Whenever an officer, in good faith, enters upon private premises as authorized or required by his/her duties, the officer is not considered a trespasser and, therefore, anything that officer inadvertently observes in plain view that is subject to seizure, may be seized without a warrant. In such cases the usual requirements for search and seizure are not necessary because no "search" was conducted. A "search" implies a prying into hidden places for concealed items, but it is not a "search" to observe articles that are open to plain view. It is also permissible for an officer to use a flashlight to make such observations. An observant officer, utilizing this "plain view" doctrine, can often be successful in recovering stolen property, seizing contra- band or weapons used, or intended to be used, in the commission of a crime. C. OTHER SENSES: The plain view principles also encompass plain touch, plain smell and plain hearing. The officer must be legally in the area of touch, smell, or hearing for the item to be seized. 1. Plain Touch: The officer must have legal justification for touching the person or property in question. From the touch the officer must immediately recognize the item as contraband and have probable cause to associate the item with criminal activity. 2. Plain Smell: The officer must reasonably believe the smell is of an illegal substance. 3. Plain Hearing; The officer must be able to hear without the benefit of a listening device. 110.9 INCIDENTAL TO ARREST: 110.9.1 SEARCH INCIDENTAL TO ARREST WITHOUT A WARRANT: A limited search may be conducted of the person arrested and the area under his immediate control following the arrest. A. AREA UNDER IMMEDIATE CONTROL: The area under the suspect’s immediate control has been described as that area within the suspects reach. This has been defined to include any of the below. 1. The arrested person 2. Any packages in his possession 3. The immediate surrounding area within his current control 4. Restrictions Concerning Automobiles (State v. Pierce - NJ 1994, State v. Eckel – NJ 2006, State v. Dunlap – NJ 2006): Police Officers may not conduct an automatic search of a passenger compartment of a car as an incident to arrest for a Title 39 Violation or Title 2C Violation. Officers may only contemporaneously search the area of the arrestee's immediate control only if the arrestee remains unrestrained in or adjacent to the vehicle after arrest. This should be a rare occurrence. 5. To uphold the validity of a search incidental to an arrest and to be deemed lawful, the arrest itself must have been lawful. The purpose of such a search is to secure weapons for the officers self protection, to prevent escape of the arrestee, to obtain contraband, and to preserve any materials of an evidentiary value. 110.10 SEARCHES WITH A WARRANT: 110.10.1 GENERAL REQUIREMENTS: The term "search" as applied here refers to an examination of an individual's house, building, premises or the person, with a view to the discovery of contraband or illicit, stolen property or some evidence of guilt to be used in a future prosecution. A "seizure" occurs when a police officer confiscates an individual's property or other things in which he/she has a possessory interest. All search warrants will be completed in accordance with the Middlesex County Prosecutor’s Office Directive #38 Search Warrants – Application Guidelines & Procedures. A review of the search warrant application by the Middlesex County Prosecutor’s Office must be completed prior to contacting a judge. A. AFFIDAVIT: Probable cause must be demonstrated. This is achieved through an affidavit. An affidavit must be presented to the judge. The affidavit in support of the warrant must demonstrate that there is a reasonable basis to believe that a crime has been or is being committed and that a search would disclose the fruits of a crime or file:///PLN-DC01/DATA/New%20to%20post/Publications/110-121%20woodbridge%20search%20seizure%20SOP.html[2/18/2016 4:19:14 PM] other seizable items. As a rule, an officer should include as many facts as possible in the affidavit supporting his belief as to the existence of probable cause. 1. The police officer must supply enough information in the affidavit to convince a prudent judge that a search will yield evidence. 2. An affidavit will be sufficient if the officer demonstrates personal knowledge to support a finding of probable cause. If the officer has insufficient personal knowledge respecting the issue of probable cause, the officer may use hearsay (information taken from other sources) if the officer establishes both the reliability of the source and the reliability of the source's information. 3. The officer must describe in the affidavit and warrant with particularity the place to be searched, the property to be seized, the individual or entity possessing the property and the underlying crime. a. The description should not be general in nature. b. In addition to the street address or the name of the person and/or the name of the occupants, a description of the person or place should be included. c. The requirement that the evidence to be seized be designated renders general searches impossible and prevents the seizure of one item under a warrant describing another. d. The general rule is that an affidavit or warrant is sufficiently descriptive if it enables an officer who is completely unfamiliar with the case to execute the warrant. Of course, this is merely an illustration and the affiant, when practical, should always execute the warrant. B. ITEMS SUBJECT TO SEIZURE: Only certain items are subject to seizure. Fruits of a crime (for example, stolen property), instrumentality's of a crime (for example, weapons, masks, tapes, etc.), and contraband (anything prohibited by law to be possessed) may be seized. Evidence directly related to criminal conduct or which is probative of such conduct may also be seized. 1. If during the course of a valid search, the officer inadvertently discovers evidence of criminal conduct not specified in the warrant, such evidence may be validly seized. Moreover, the police may make a cursory inspection of the premises for the presence of anyone who may pose a danger to the officers or to the integrity of the evidence to be seized. C. EXECUTION: A search conducted with a warrant is presumed to be valid and the burden of showing its invalidity is upon the defendant. The warrant, however, must be executed and returned to the court promptly after it is issued or it will no longer be valid. The warrant may be executed only once and the officer cannot remain on the premises longer than is reasonably necessary to conduct the search. Re-entry into the premises may be permissible under the original search warrant, depending on the circumstances (State v. Finesmith – NJ 2009). The re-entry must be considered a continuation of the original search, and not a new and separate search. It must also be reasonable under the totality of the circumstances. 1. The police shall knock and announce their presence before entering a dwelling to execute a search warrant; however, an unannounced entry may be proper if there is a sufficient threat of violence or a sufficient risk that evidence will be destroyed if the police knock and announce before entering. 2. If, at the time the police apply for a search warrant, they have information to suggest that their safety will be endangered or evidence will be destroyed if they knock and announce, they shall seek judicial permission to make an unannounced entry to execute the warrant. a. The information upon which this request is based shall be set forth in the affidavit submitted in support of the search warrant. b. The police shall ask the issuing judge to indicate on the search warrant itself or on an attached addendum that he/she is permitting the police to make an unannounced entry. c. If, after the police obtain the search warrant, they receive information that an announced entry will jeopardize their safety or lead to the destruction of evidence, they shall do one of the following: 1. If time permits, the police shall obtain judicial authorization for an unannounced entry; or 2. If time does not permit to obtain judicial authorization, the ranking officer present shall make the decision and document the basis for any unannounced entry in his/her police report, which shall be made part of the case file. 3. The officer preparing the search warrant affidavit must submit his/her affidavit, including the basis for the unannounced entry to one of the designated Assistant Prosecutors for review before it is presented to the judge. D. TELEPHONIC SEARCH WARRANTS: An officer may request a telephonic search warrant when a situation is occurring that requires fast action in order to prevent the loss of evidence. Under State vs. Pena a telephonic file:///PLN-DC01/DATA/New%20to%20post/Publications/110-121%20woodbridge%20search%20seizure%20SOP.html[2/18/2016 4:19:14 PM] search warrant does not require exigency. Only Superior Court Judges can issue telephonic search warrants. The procedure for obtaining a telephonic search warrant is: 1. The county assistant prosecutor will be contacted for permission to request a telephonic search warrant 2. The call will be made three way (the officer, the assistant prosecutor and the superior court judge) 3. The officer is to identify him/herself to the judge 4. State his/her qualifications 5. Specify the purpose and probable cause for the request 6. Disclose the basis of his/her knowledge 7. Describe in detail the area/location to be searched 8. Describe the items of interest to be searched for 9. Explain the crimes involved 10. Tape record the call (if possible – example: use a recorded phone line in headquarters; the radio car camera system; or other means of recording) 11. Request via internal department communications that a transcript of the call be made and that transcript is to be delivered to the judge ASAP by the officer 110.11 PRE-INCARCERATION AND INVENTORY SEARCHES: 110.11.1 GENERAL REQUIREMENTS: Prior to incarcerating an arrestee in the holding facility, the arresting officer shall conduct a pre-incarceration or inventory inspection of the prisoner and his/her belongings. This shall be done to uncover and safeguard any weapons or implements the arrestee could use to injure him/herself or others, to safeguard valuables and to protect the police against false claims of theft or loss of the arrestee's belongings. 110.12 PROTECTIVE CUSTODY: 110.12.1 GENERAL REQUIREMENTS: An officer may search for weapons of a person taken into protective custody, (i.e., a person suffering form mental illness; who is a threat to himself or others; or semi or unconscious medical emergency). If the person is to be treated, or held under protective custody, a search of his/her person and belongings is also authorized and shall be made so that any dangerous items may be safeguarded, medical warning tags may be discovered, and any valuables may be inventoried. file:///PLN-DC01/DATA/New%20to%20post/Publications/110-121%20woodbridge%20search%20seizure%20SOP.html[2/18/2016 4:19:14 PM] WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures ACTIVE SHOOTER Chapter: 549 Date(s): Authority Effective: August 29, 2007 Chief Wm. Trenery Revised: 02-10-12 Director R. Hubner Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: Volume Five: Law Enforcement Operations General Order #: 07-006 11-003 File #: 549-071 549-121 549.1 POLICY AND PURPOSE 549.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to empower initial responding officers with the authority and responsibility to take immediate action, consistent with their training and experience, to contain and, if necessary, to neutralize active shooters. 549.1.2 PURPOSE: In many circumstances, it is appropriate for patrol personnel to contain a suspect within a secure perimeter and await the arrival of a tactical team. A tactical response team generally will have sufficient time to deploy their personnel without serious concern of the suspect(s) escaping. Once a suspect has been contained and isolated, patrol and/or tactical personnel have sufficient time to formulate and implement a structured and deliberate plan of action. However, other scenarios require that patrol personnel act immediately and deploy rapidly prior to the arrival of a tactical response team. In these instances, often involving on-going incidents of “shots fired” or “downed officer/citizen rescue”, delayed deployment can have catastrophic consequences and may demand that law enforcement personnel take immediate and rapid action to contain and prevent the escape of an armed and dangerous person(s). Over the past several years, our nation has experienced a growing trend of mass violence committed by individuals. These episodes, described as “active shooter” incidents, are unique in that the suspect or suspects’ behavior differs from that typically associated with other violent attacks. These suspect(s) generally begin to shoot at, injure and kill numbers of people without warning. The motives for these behaviors can range from rage to vengeance, or may be a result of mental dysfunction. The active shooter incidents experienced across the country suggest that the traditional police response of containment, isolation and negotiation may not be adequate or appropriate. This realization has forced law enforcement to rethink the “wait and see” approach used in the past. Unlike most criminals, active shooters are likely to continue to employ deadly physical force until intervention occurs or until the shooter decides to stop. Once law enforcement recognizes that the intentions of these individuals are not to take hostages but to kill or seriously injure occupants, containment and isolation are no longer adequate responses. In such a scenario, law enforcement’s first responders cannot take a passive stance, but must initiate a counter-offensive and aggressively confront the suspect or suspects. The tactical response by a first responder to an active shooter represents a shift in patrol response tactics, equipment needs, and command protocol. These situations require the initial police responders arriving on the scene to have the authority and capability to take action without waiting for command staff to provide over-sight or for the arrival of tactical response teams/hostage negotiators. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures SPECIAL INVESTIGATIONS Chapter: 530 Volume Five: Law Enforcement Operations Date(s): Authority General Order #: File #: Effective: May 20, 1998 Chief Wm. Trenery 98-009 530-981 Revised: 10-15-98 Chief Wm. Trenery 98-023 530-982 Revised: May 1, 2003 Chief Wm. Trenery 03-003 530-031 Revised: 12-16-05 Chief Wm. Trenery 05-004 530-051 Revised: 02-21-06 Chief Wm. Trenery 06-003 530-061 Revised: 02-25-09 Chief Wm. Trenery 09-001 530-091 Revised: 03-22-11 Director R. Hubner 11-001 530-111 Revised: 03-15-12 Director R. Hubner 11-003 530-121 LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 17.4.2, 42.2.1,42.2.7, and Chapter 43 (all) 74.4.1 530.1 POLICY & PURPOSE: 530.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to suppress, control, and ultimately eradicate, activities related to vice, drugs, corruption, and organized crime, through the use of intelligence gathering activities, aggressive enforcement techniques, and by actively pursuing and prosecuting those individuals involved in this type of activity. 530.1.2 PURPOSE: Organized crime activities are not restricted to large cities but can exist in any community where it is possible for a group of persons to establish an organization for criminal activity, one that provides a continuing financial profit. Investigations into organized crime offenses can involve tremendous expenditures of time, money, and effort. By establishing a policy to evaluate the accuracy and credibility of initial information and determine the scope and relative importance of the problem, this agency can determine the best course of action concerning an investigation into this type of activity. SOP WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures STRIP SEARCHES Chapter: Volume One: 112 Law Enforcement Role & Responsibilities Date(s): Authority General Order #: File #: Effective: June 18, 1998 Chief Wm. Trenery 98-015 112-981 Revised: Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: N.J.S.A. 2A:161A-3(a), N.J.S.A. 2A:161A-8(b), NJ Attorney General Guidelines, N.J.A.C. 10A:34-2 Minimum Standards for NJ Municipal Detention Facilities. ACCREDITATION STANDARDS REFERENCES: 1.2.8, 71.1.1 112.1 POLICY & PURPOSE: 112.1.1 POLICY: The Woodbridge Township Police Department recognizes that the use of strip searches may be necessary to (1) protect the safety of officers, civilians and other prisoners; (2) detect and secure evidence; and (3) safeguard the security, safety and related interests of this agency’s detention facility. It is the policy of this department that such searches be conducted only with proper authority and justification, with due recognition and deference for human dignity of those being searched and in accordance with procedural guidelines for conducting strip searches set forth in this policy. 112.1.2 PURPOSE: It is the purpose of this policy to provide officers with guidelines for determining if and under what conditions the use of strip searches and body cavity searches are legally permissible and to establish guidelines for the appropriate conduct of such searches. 112.1.3 DEFINITIONS: A. STRIP SEARCH: Is defined as the removal or rearrangement of clothing for the purpose of visual inspection of file:///PLN-DC01/DATA/New%20to%20post/Publications/112-981%20strip%20searches.html[2/18/2016 4:19:49 PM] SOP the person’s undergarments, buttocks, anus, genitals or breasts. This term does not include any removal or rearrangement of clothing reasonably required to render medical treatment or assistance or the removal of articles of outer clothing such as coats, ties, belts or shoelaces. B. BODY CAVITY SEARCH: Is defined as the visual inspection or manual search of a person’s anus and/or vaginal cavity. 112.2 GUIDELINES FOR SEARCHES: 112.2.1 PERSONS DETAINED WITHOUT ARREST OR PERSONS ARRESTED WITHOUT CUSTODIAL CONFINEMENT (summons, posting bail, or ROR): A. ABSENT EXIGENT CIRCUMSTANCES: A person may be strip searched if the following circumstances exist: 1. The search is conducted under the authority of a search warrant, or pursuant to a valid consent search authorization, AND 2. The Shift Commander expressly authorizes the search. B. WHEN EXIGENT CIRCUMSTANCES EXIST: A person may be strip searched if the following circumstances exist: 1. A clear showing of probable cause to believe that the person is concealing a weapon, contraband or evidence of a crime, AND 2. Exigent circumstances prevent obtaining a warrant or approval of the Shift Commander. C. A BODY CAVITY SEARCH IS NOT APPROPRIATE WITHOUT CUSTODIAL CONFINEMENT. 112.2.2 PERSONS WHO WILL BE SUBJECTED TO CUSTODIAL CONFINEMENT: Persons who will be confined, pursuant to a lawful arrest, to the municipal holding facility or transferred to an adult correctional facility. A. STRIP SEARCH OF A PERSON(S) WHO HAS BEEN DETAINED OR ARRESTED FOR COMMISSION OF AN OFFENSE OTHER THAN A CRIME: A person who has been detained or arrested for commission of an offense other than a crime and who is confined in the municipal detention facility shall not be subject to a strip search unless: 1. The search is authorized by a warrant or consent; or 2. The search is based on reasonable suspicion that the person is concealing a weapon, contraband or evidence of a crime; and a. The search is authorized by the Shift Commander, or b. Exigent circumstances require immediate action to prevent bodily harm and these circumstances prevent obtaining a search warrant or approval of the Shift Commander. 3. Strip searches shall be conducted in private, by persons of the same sex. B. STRIP SEARCHES OF A PERSON(S) LAWFULLY CONFINED IN THE MUNICIPAL DETENTION FACILITY WHO IS CHARGED WITH COMMITTING A CRIME: The person authorized to conduct a strip search on a person lawfully confined in the municipal detention facility shall obtain approval of the Shift Commander to conduct the search. Strip searches may be conducted in the following circumstances: 1. The Shift Commander authorized confinement in the municipal detention facility or transfer to an adult correctional facility; and 2. The Shift Commander authorizes the search; and a. A search warrant has been issued authorizing the search; or b. The person lawfully confined has voluntarily consented to the search; or c. There is reasonable suspicion to believe that the person is concealing a weapon, contraband or controlled dangerous substance; or d. The person lawfully detained will be placed under psychological observation or suicide watch. 3. The authorized strip search of a person who has been confined in a municipal detention facility for the file:///PLN-DC01/DATA/New%20to%20post/Publications/112-981%20strip%20searches.html[2/18/2016 4:19:49 PM] SOP commission of a crime shall be conducted, in private, by a person of the same sex. 4. A strip search shall include a check for: a. body vermin b. cuts c. bruises d. needle scars e. and other injuries where appropriate. 5. Under exigent circumstances, a strip search may be conducted by a person of the opposite sex and/or in the presence of only those officers deemed necessary for security of the opposite sex as ordered by the Shift Commander. C. BODY CAVITY SEARCHES OF A PERSON(S) WHO HAS BEEN DETAINED OR ARRESTED FOR COMMISSION OF AN OFFENSE OTHER THAN A CRIME: 1. A person who has been detained or arrested for the commission of an offense other than a crime shall not be subject to a body cavity search unless: a. Search is authorized by a warrant or consent; and b. The search is authorized by the Shift Commander. 2. An authorized body cavity search of a person who has been detained or arrested for commission of an offense other than a crime shall be conducted: a. Under sanitary conditions; b. At a location where the search cannot be observed by unauthorized persons; c. By a physician or a registered nurse who must be of the same sex as the detained and arrested person; and d. In the presence of only those officers deemed necessary by the Shift Commander for security, who are of the same sex as the detained or arrested person. 3. The person who has been detained or arrested for the commission of an offense other than a crime may: a. Remove the object in the presence of the physician or registered nurse, and an officer of the same sex as the person; or b. Be examined by the physician or registered nurse who may remove the object without the use of force. 4. In the event it is determined that a foreign object which contains metal is present in the body cavity of the person who has been detained or arrested for the commission of an offense other than a crime, such object may be removed only by the physician with or without the use of force if the Shift Commander has authorized a body cavity search based on a duly authorized search warrant or a valid consent of the person involved. 5. In the event the Shift Commander, the physician, or the registered nurse has determined that nonmetal contraband is being concealed in the body cavity of the person who has been detained or arrested for the commission of an offense other than a crime, and police are not able to obtain a search warrant for the search, the person may be placed in isolation. During isolation, that person may be kept under visual surveillance to detect removal or elimination of the contraband. D. BODY CAVITY SEARCHES OF A PERSON(S) LAWFULLY CONFINED IN THE MUNICIPAL DETENTION FACILITY WHO IS CHARGED WITH COMMITTING A CRIME: 1. Under no circumstances may a body cavity search be conducted on a person who is lawfully confined in the municipal detention facility unless: a. A reasonable suspicion exists that contraband will be found in a body cavity; b. The Shift Commander authorizes such a search; and c. There is either a search warrant authorizing the search or consent authorizing the search. 2. In the event the Shift Commander authorized a body cavity search that is supported by a search warrant authorizing the search or a valid consent authorizing the search, the lawfully confined person shall be escorted immediately to Raritan Bay Medical Center or other medically acceptable environment and removal of contraband shall be conducted: a. by a physician or registered nurse of the same sex as the lawfully confined person; and b. under sanitary conditions. 3. The lawfully confined person may: a. remove the object in the presence of the physician or registered nurse, and officers assigned by the file:///PLN-DC01/DATA/New%20to%20post/Publications/112-981%20strip%20searches.html[2/18/2016 4:19:49 PM] SOP Shift Commander to provide security, if necessary, or b. be examined by the physician or registered nurse who may remove the object without the use of force. 4. If the Shift Commander authorizes a body cavity search on a duly authorized search warrant or a valid consent, the foreign body, which constitutes metal may be removed only by the physician with or without the use of force. 5. In the event the Shift Commander, the physician or the registered nurse has determined that nonmetal contraband is being concealed in the body cavity if the lawfully confined person, and police are not able to obtain a search warrant for the body cavity search, and the person refuses to permit contraband removal, the person may be placed in isolation. During isolation, that person may be kept under visual surveillance to detect removal or elimination of the contraband. 112.3 REPORTING REQUIREMENTS 112.3.1 GENERAL REQUIREMENTS: A. REPORTS REGARDING STRIP OR BODY CAVITY SEARCHES: 1. The person who performs the strip search or authorizes a body cavity search shall file a written report to be made part of the detained or arrested person's record which shall include, but not be limited to, the following information: a. Alarm number b. Person searched c. A statement of facts indicating the reasonable suspicion or probable cause for the search d. A copy of the search warrant, if appropriate e. A copy of the consent form, if appropriate f. The name of the Shift Commander who authorized the search g. The name(s) of the officer(s) present during the search and the reason for his or her presence h. The name(s) of the person(s) conducting the search i. An inventory of any item(s) found during the search j. The reason for the use of force, if necessary; and k. An explanation of the exigent circumstances which required immediate action for the search to be conducted as an exception to the regulations including the reason(s) why a search warrant could not be obtained. l. The name of the physician or registered nurse performing the body cavity search. m. The medically accepted location for the body cavity search. n. A copy of the search warrant or valid consent form. 2. Reports regarding strip search or body cavity search shall not be deemed public records, but upon request, shall be made available to: a. The Commissioner, New Jersey Department of Corrections b. The Attorney General c. The Middlesex County Prosecutor d. The municipal detention facility officer in charge; and/or e. The person searched file:///PLN-DC01/DATA/New%20to%20post/Publications/112-981%20strip%20searches.html[2/18/2016 4:19:49 PM] WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures SUBMISSION OF PROPERTY & EVIDENCE Chapter: 872 Volume Eight: Auxiliary & Technical Services Date(s): Authority General Order #: File #: Effective: July 9, 1998 Chief Wm. Trenery 98-020 872-981 Revised: Dec.16,1999 Chief Wm. Trenery 99-008 872-991 Revised: May 1, 2003 Chief Wm. Trenery 03-003 872-031 Revised: June 1, 2009 Chief Wm. Trenery 09-004 872-091 Revised: Oct. 21, 2010 Chief Wm. Trenery 10-006 872-101 Revised: Feb. 14, 2012 Director R. Hubner 11-003 872-121 Revised: LEGAL REFERENCES: NJ Attorney General Guideline: The Property and Evidence Function; NJ Attorney General Directive # 2008-1: Seized and Recovered Firearms; NJ Attorney General Directive #2010-1; Middlesex County Prosecutor’s Office Directive #16, Evidence Procedures ACCREDITATION STANDARDS REFERENCES: 74.4.1, 83.3.1, 83.3.2, 84.1.1, 84.1.3 872.1 POLICY & PURPOSE: 872.1.1 POLICY: It is the policy of this department that whenever an officer takes possession of, or exercises control over any property, it is that officer's duty and responsibility to adhere to the policies and procedures and rules and regulations of the department that relate to the proper disposition of the property or evidence. It shall also be the policy of this department that all found or recovered property shall be placed under the control of the property and evidence function before the officer ends his/her tour of duty. 872.1.2 PURPOSE: This directive establishes the policies and procedures that have been adopted by the Woodbridge Township Police Department as they relate to how property and evidence will be submitted into the Property and Evidence System. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures USE OF FORCE Chapter: 130 Volume One: Law Enforcement Role & Responsibilities Date(s): Authority General Order #: File #: Effective: 3-31-98 Chief Wm. Trenery 98-004 130-981 Revised: 11-17-98 Chief Wm. Trenery 98-026 130-982 Revised: 06-05-07 Chief Wm. Trenery 07-004 130-071 Revised: 10-22-07 Chief Wm. Trenery 07-008 130-072 Revised: 06-01-09 Chief Wm. Trenery 09-004 130-091 Revised: 09-08-09 Chief Wm. Trenery 09-005 130-092 Revised: 08-31-10 Chief Wm. Trenery 10-004 130-101 Revised: 10-08-10 Chief Wm. Trenery 10-005 130-102 Revised: 10-11-11 Director R. Hubner 11-003 130-111 LEGAL REFERENCES: 2C:3-1 through 2C:3-11, Tennessee Vs Garner, 53 U.S.L.W. 4410A.G.L.E. Directive No. 2006-2006-5, M.C.P.O. Policy #41 ACCREDITATION STANDARDS REFERENCES: 1.2.2, 1.3.1, 1.3.2, 1.3.4, 1.3.5, 1.3.11, 1.3.12, 41.2.3, 71.5.1 130.1 POLICY & PURPOSE: 130.1.1 POLICY: The Woodbridge Township Police Department recognizes and respects the value and special integrity of each human life. In vesting our police officers with the lawful authority to use force to protect the public welfare, a careful balancing of human interests is required. Therefore, it is the policy of this Department that officers employ force in the performance of their duties only to the degree as described in agency Rules and Regulations, and Polices and Procedures relating to the application and use of force. 130.1.2 PURPOSE: The purpose of this policy is to provide Woodbridge Police Officers with specific guidelines in the use of deadly and non-deadly force. Officers have special legal authority to use force and deadly force in certain situations subject to limitations. Not withstanding this authorization, officers are under a duty to employ extraordinary care in the handling of firearms and other deadly and non-deadly weapons. It is essential that each officer exercises sound judgment and acts reasonably under circumstances where any force is applied. While the specific rules and limitations that are present in agency Rules and Regulations and this policy give the appearance of a collection of unrelated details, they are general principles that explain the rules. Officers shall use force only when and to the extent necessary to achieve lawful objectives, and shall use only that force which is reasonable in relation to the harm on officer seeks to prevent. file:///PLN-DC01/DATA/New%20to%20post/Publications/130-111.html[2/18/2016 4:21:22 PM] 130.1.3 DEFINITIONS: DEADLY FORCE: Means force which the officer uses with the purpose of causing or which the officer knows will create a substantial risk of causing death or serious bodily harm. Purposely firing a firearm in the direction of another person or at the vehicle, building or structure in which another person is believed to be, constitutes deadly force. A threat to cause death or immediate serious bodily harm, however, by the production of a weapon or otherwise, so long as the purpose is limited to creating an apprehension that the officer will use deadly force if necessary, does not constitute deadly force. LESS LETHAL FORCE: Means physical force other than deadly force which in the circumstances is neither likely, nor intended, to cause death or serious bodily injury. SERIOUS BODILY INJURY/HARM: Means bodily harm which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ or which results from aggravated sexual assault or sexual assault. BODILY HARM: Means physical pain or temporary disfigurement or impairment of physical condition. REASONABLE BELIEF: Reasonable belief exists when the facts or circumstances an officer knows, or should know, are such as to cause an ordinary and prudent person to act or think in a similar way under similar circumstances. RESISTING ARREST: Refers to the act of a person who purposely prevents a law enforcement officer from effecting a lawful arrest, to include such things as threatening to use physical force or violence against the law enforcement officer or use of any other means to create a substantial risk of causing physical injury to a law enforcement officer when acting under the color of the officer’s official authority. SUBSTANTIAL RISK: A substantial risk exists when a law enforcement officer disregards a foreseeable likelihood that innocent persons will be endangered. Any discharge of a firearm entails some risk of an unintended outcome. IMMINENT DANGER: Imminent danger describes threatened actions or outcomes that may occur during an encounter absent action by the law enforcement officer. The period of time involved is dependant on the circumstances and the facts evident in each situation and is not the same in all situations. The threatened harm does not have to be instantaneous. 130.2 LEVELS OF FORCE: 130.2.1 ESCALATION OF THE USE OF FORCE: An officer, in the performance of his/her official duties and in full compliance with his/her training and existing guidelines and laws, may elevate the level of force he/she is using against another person only when it is necessary to overcome resistance and accomplish a lawful objective. The level of force applied shall be reasonable based upon the circumstances of the situation. All personnel shall evaluate the prevailing circumstances and conditions during an incident and shall choose such alternatives as are least likely to result in injury/death to the officer and to innocent bystanders, while at the same time minimizing risk of injury/death to the suspect. A. CONSTRUCTIVE AUTHORITY: Constructive Authority does not involve actual physical contact with the subject, but involves the use of the law enforcement officer’s authority to exert control over a subject. 1. Examples include verbal commands, gestures, warnings, and unholstering a weapon. 2. Pointing a firearm at a subject is an element of constructive authority to be used only in appropriate situations. B. PHYSICAL CONTACT: Physical Contact involves routine or procedural contact with a subject necessary to effectively accomplish a legitimate law enforcement objective. file:///PLN-DC01/DATA/New%20to%20post/Publications/130-111.html[2/18/2016 4:21:22 PM] 1. Examples include guiding a subject into a police vehicle, holding the subject’s arm while transporting, handcuffing a subject and maneuvering or securing a subject for a frisk. C. PHYSICAL FORCE: Physical Force involves contact with a subject beyond that which is generally utilized to effect an arrest or other law enforcement objective. Physical Force is employed when necessary to overcome a subject’s physical resistance to the exertion of the law enforcement officer’s authority, or to protect persons or property. 1. Examples include wrestling a resisting subject to the ground, using wrist locks, striking with the hands or feet, or other similar methods of hand-to-hand confrontation. D. MECHANICAL FORCE: Mechanical Force involves the use of some device or substance, other than a firearm, to overcome a subject’s resistance to the exertion of the law enforcement officer’s authority. 1. Examples include the use of a baton or other object, canine physical contact with a subject, or chemical or natural agent spray. 2. Defensive Impact Weapon: An agency authorized defensive impact weapon may be utilized as a less than lethal alternative in the use of force continuum. This department’s approved defensive weapon is to be used by an officer to defend himself, or others, from the threat of bodily or serious bodily injury. Officers shall utilize the weapon based upon their training and in accordance with agency policy concerning same. Strikes or jabs to non-lethal areas of the body, wrist drags, arm-locks, or take down and control holds may be utilized. 3. Hand Held Aerosol Restraint (O/C Spray): An authorized less than lethal alternative is the application of the organic agent, Oleoresin Capsicum (O/C). This department’s approved defensive weapon is to be used by an officer to defend himself, or others, from the threat of bodily or serious bodily injury. Officers shall apply O/C Spray based upon their training and in accordance with agency policy concerning same. E. DEADLY FORCE: Deadly Force is force which a law enforcement officer uses with the purpose of causing, or which the officer knows to create a substantial risk of causing, death or serious bodily harm. 1. Purposely firing a firearm in the direction of another person or at a vehicle, building or structure in which another person is believed to be, constitutes deadly force. 2. A threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the officer’s purpose is limited to creating an apprehension that deadly force will be used if necessary, does not constitute deadly force. 130.2.2 USE OF FORCE REPORTS: Use of Force Reports will be completed by each officer who uses Physical Force, Mechanical Force, or Deadly Force. 130:3 LESS LETHAL FORCE: 130.3.1 JUSTIFICATION IN THE USE OF LESS LETHAL FORCE: Under certain circumstances an officer may use less lethal force against another. Officers are justified in using less lethal force in the performance of their duties when they reasonably believe the force employed is immediately necessary to accomplish the following: A. Protect themselves or others against the use of unlawful force, violence, or attack by another person. B. Prevent another from committing suicide or inflicting serious bodily harm upon him/herself. C. When "psychologically disturbed" persons are resisting efforts to be subdued for purposes of protecting them from bodily injury. D. Thwart the commission of a crime involving or threatening bodily harm, damage to, or loss of property or a breach of the peace. E. Prevent an escape; or F. Effect a lawful arrest for any offense or crime under the laws in which an officer has been empowered to enforce and the suspect refuses to submit to the arrest and resists the officer’s efforts. The use of force to effect an arrest is justifiable under the following circumstances: file:///PLN-DC01/DATA/New%20to%20post/Publications/130-111.html[2/18/2016 4:21:22 PM] 1. Officers must make it known the purpose of the arrest or reasonably believe that their identity and purpose are otherwise known by the individual to be arrested, or because of extenuating circumstances cannot reasonably be made known to the person to be arrested. 2. When the arrest is made under a warrant, the warrant is valid or reasonably believed by the officer to be valid. 3. When an individual who the officer is about to arrest offers physical resistance, attempts to cause injury or harm to an officer, threatens to use any physical force, attempts to escape, takes any other action which is for the purpose of preventing an officer effecting a lawful arrest; and 4. The extent of force to be used by an officer effecting a lawful arrest is to the extent that it only overcomes any resistance or force being used by the perpetrator. 130.3.2 LIMITATIONS IN THE USE OF LESS LETHAL FORCE: An officer is justified in the use of force only when and to the extent necessary to achieve lawful objectives, and only such force that is reasonable in relation to the harm that the officer seeks to prevent. Police officers while acting under the color of their official duties are not obliged to desist from making a lawful arrest because resistance may be encountered or threatened. They may not only stand their ground, but may also press forward to achieve a lawful objective, overcoming force with force. However, once all resistance or physical force being used to resist or prevent an officer(s) from carrying out his/her duties has ceased, use of any further force on the part of the officer(s) shall immediately cease. 130.4 DEADLY FORCE: (This directive is more restrictive than present New Jersey Law) 130.4.1 JUSTIFICATION IN THE USE OF DEADLY FORCE: A. SELF DEFENSE: An officer may use deadly force only when the officer reasonably believes that the action is necessary to protect the officer against death or serious bodily injury. 1. Comment: Officers, when justified in using force, are not obligated to desist because resistance is encountered or threatened. They may not only stand their ground, but may also press forward to achieve a lawful objective, overcoming force with force where necessary. B. DEFENSE OF A THIRD PERSON: When officers reasonably believe that their interventions are necessary to protect another from death or immediate serious bodily injury, except that deadly force is not justifiable: 1. If the officer can otherwise secure the complete safety of the protected person (unless the person whom he is defending is in his own home, and the attacker is not a resident); or 2. Where it reasonably appears to officers that the person they seek to protect has unlawfully, with the purpose of causing death or immediate serious bodily harm, provoked the use of deadly force against himself in the same encounter. 130.4.2 ARREST - ESCAPE FROM CUSTODY: Where an officer reasonably believes that deadly force, as defined within this policy, is necessary to effect the arrest or prevent the escape of a person who has committed or attempted to commit; murder, aggravated manslaughter or manslaughter; kidnapping; arson; robbery; burglary of a dwelling; sexual assault or aggravated sexual assault; or aggravated criminal sexual contact; A. AND; The use of deadly force will not create a substantial risk of injury to innocent persons; B. AND; The officer reasonably believes; 1. There is an imminent threat of death or serious bodily injury to officers or a third party; OR 2. The use of deadly force is necessary to thwart the commission of one of the listed crimes AND the person has inflicted or threatened the inflicting of death or serious bodily injury. file:///PLN-DC01/DATA/New%20to%20post/Publications/130-111.html[2/18/2016 4:21:22 PM] 3. The use of deadly force is necessary to prevent the escape/flight from arrest for a crime as set forth in this section: AND a. There is imminent threat of death or serious bodily injury to officers or a third party. 130.4.3 OTHER PROHIBITIONS: Firing into buildings, doors, windows, or other openings when the person lawfully fired upon is not clearly visible is not authorized. Police Officers will not discharge a firearm at, or from, a moving vehicle except when the officer reasonably believes that the action is in defense of a human life, including the officer's own life, or in defense of any person in immediate danger of death or serious bodily injury. Warning shots or the using a firearm discharge as a signaling device is prohibited. A. The use of deadly force to prevent “Death by Auto” or “Criminal Sexual Contact” is prohibited. 130.5 USE OF FORCE TO DESTROY AN ANIMAL: 130.5.1 JUSTIFICATION: The destruction of an animal is justified only in the following situations: A. SELF DEFENSE OR DEFENSE OF OTHERS: Members of this Department may only use a firearm to destroy an animal where the animal presents an immediate threat to human life. B. INJURED ANIMALS: When an animal is so badly injured that humanity requires its relief from further suffering, and Animal Control has been notified and either cannot respond or is unable to assist, and, an attempt has been made to contact the owner, if it is a domestic animal and the discharge of the weapon creates no substantial risk to the officers or a third party, and approval is given by a supervisor. The officer will notify the Radio Patrol Administrative Office of the incident via an internal white sheet. The report will include the following information: 1. Type of firearm: duty weapon or department shotgun (including number) 2. Type of animal 3. Whether or not animal control or other agency responded to remove the carcass 4. If anyone was injured during the incident 130.5.2 PRECAUTIONS: A. PRECAUTIONS: Officers shall keep in mind the safe handling of firearms in these situations. Keep in mind that some wild animals may have insufficient mass to prevent a bullet from passing completely through the body. Therefore, all officers must be aware of surrounding conditions, such as the material behind or underneath the animal, and any nearby persons or structures which may be affected by a ricochet or deflection. B. SUSPECTED RABID ANIMALS: Where a human has been bitten by a suspected rabid animal, the point of aim should be the front shoulder area and not the animals head. Officers shall not touch the animal without first implementing the necessary blood borne pathogens precautions. 1. Officers shall protect the area contaminated with animal fluids for cleansing by Animal Control personnel. 130.6 AFTER ACTION REQUIREMENTS - USE OF FORCE: 130.6.1 PROVIDING APPROPRIATE MEDICAL AID: After any level of force is used, the officer shall immediately evaluate the need for medical attention or treatment for the person upon whom the force was used and arrange for such file:///PLN-DC01/DATA/New%20to%20post/Publications/130-111.html[2/18/2016 4:21:22 PM] treatment when that person has visible signs of injury or manifests the signs of injury; or, that person complains of injury or discomfort and requests medical attention. Officers will provide first aid for which they have been trained to provide, except where the situation is such that the application of first aid would expose the officer to immediate danger. A. Any person requesting and/or deemed in need of immediate medical attention shall be transported (in accordance with department transportation procedures) to the nearest available emergency medical treatment center or hospital. All medical treatment received by the detainee shall be noted in the officer's police report. 130.6.2 OTHER OFFICER ACTIONS: In addition to providing appropriate medical aid, officers shall also perform the following activities in reference to the use of force. A. NOTIFYING THE SUPERVISOR: The officer shall promptly notify his/her immediate supervisor of the incident. B. LOCATING WITNESSES: The officer shall attempt to locate and identify all witnesses, with the assistance of additional officers if necessary. 130.6.3 SUPERVISOR'S RESPONSIBILITIES: The Patrol Supervisor shall immediately respond to the scene of any incident where, as the result of the application of force, an officer or prisoner has serious bodily injury. In all use of force situations, regardless of the supervisor’s response to the scene, the Supervisor shall: A. Ensure that officers receive any necessary assistance, including medical treatment, and that any injuries to officers are properly documented. B. Ensure that the need for medical treatment for the prisoner is properly evaluated and provided. This will include the supervisor observing any injuries on the prisoner and speaking to the prisoner concerning any complaints of an injury. C. Determine if a Detective or Internal Affairs Investigator should respond to the scene and the level of investigative services to be utilized (including photographs, measurements and diagrams). If an injury or complaint of pain exists, supervisors are encouraged to obtain photographic documentation. (See S.O.P. 131). 130.6.4 ACTIONS FOLLOWING DEATH, SERIOUS BODILY INJURY, OR THE USE OF DEADLY FORCE: There are three (3) situations in which the Supervisor must take additional action: A. When an officer uses any force involving death or serious bodily injury to any person; or B. When an officer uses deadly force and there is no injury to any person; or C. When there is any injury to any person that results from the use of a firearm by an officer. If any of these three (3) conditions exist, the Supervisor must take the following actions: A. Ensure that the scene is secured. B. Ensure that required medical assistance is provided. C. Ensure that no further investigation is conducted until the Middlesex County Prosecutor’s Office is notified. 130.7 ARRESTS INVOLVING THE USE OF FORCE 130.7.1 CHARGING POLICY: It will be the policy of this department that whenever a person being arrested resists the action file:///PLN-DC01/DATA/New%20to%20post/Publications/130-111.html[2/18/2016 4:21:22 PM] and force must be used by the arresting and/or assisting officers to effect the arrest, one of the following charges (whichever is applicable) shall be made against the subject. This charge will be in addition to the charges that instituted the arrest: A. NJS 2C:29-2.a - Disorderly Persons: A person is guilty of a Disorderly Persons offense if he purposely prevents a law enforcement officer from effecting a lawful arrest. B. NJS 2C:29-2.a (1) or (2) - Fourth Degree Crime: 1. Subject used, or threatens to use, physical force or violence against the law enforcement officer or another; or 2. Uses any other means to create a substantial risk of causing physical injury to the public servant or another. 130.8 USE OF FORCE TRAINING: 130.8.1 SEMIANNUAL TRAINING: As part of the department's semiannual training, each member of this agency who is authorized to carry a weapon shall receive in-service training on this agency’s use of force policy. Said training shall include related agency Rules and Regulations, and all related polices (i.e., Oleoresin Capsicum, Defensive Impact Weapons, Firearms, etc.). A. DISTRIBUTION OF POLICIES: All employees authorized to carry weapons shall be issued copies of agency policies related to the use of force before being authorized to carry a weapon. Any time the policy changes, a copy of the revised policy will be reissued to each member and may include training where necessary (which shall be documented). B. DOCUMENTATION: The departmental training officer is responsible for documenting the semiannual “use of force” training and related examination scores, if any. C. REMEDIAL TRAINING: Any officer who fails the written use of force examination, or fails to demonstrate proficiency in the use/application of force will receive remedial instruction. The area of deficiency will then be re-tested. Officers will receive retraining and re-testing until he/she satisfactorily demonstrates understanding of the contents of the policy. 130.9 EXHIBITING A FIREARM 130.9.1 UNHOLSTERING OR EXHIBITING A FIREARM: A law enforcement officer shall not unholster or exhibit a firearm except under the following circumstances: A. B. C. D. E. F. For maintenance of the firearm To secure the firearm When ordered to by a supervisor or other lawful authority During training exercises, practice or qualifications with the firearm When circumstances create a reasonable belief that it may be necessary for the officer to use the firearm When circumstances create a reasonable belief that display of the firearm as an element of constructive authority helps establish or maintain control in a potentially dangerous situation in an effort to discourage resistance and ensure officer safety. file:///PLN-DC01/DATA/New%20to%20post/Publications/130-111.html[2/18/2016 4:21:22 PM] WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures USE OF FORCE - REPORTS Chapter: 131 Volume One: Law Enforcement Role & Responsibilities Date(s): Authority General Order #: Effective: 3-31-98 Chief Wm. Trenery 98-004 Revised: 07-06-11 Director R. Hubner 11-003 Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 1.3.6, 1.3.7, 1.3.8, 1.3.13 File #: 131-971 131-111 131.1 POLICY & PURPOSE: 131.1.1 POLICY: Police officers may use force when it is reasonably necessary in the performance of their official responsibilities or to protect the lives and safety of the officer or another. This department has in place specific policies concerning the justifiable uses of such force. In order to properly oversee this important use of police discretion and authority, it is necessary to document all instances when force is used. A clear understanding of incidents which involve the use of force will help the department monitor its policies, training and supervision in this critical area. Therefore, it is the policy of this department that all incidents which involve the use of force beyond routine or procedural physical contact shall be reported in accordance with these procedures. 131.1.2 PURPOSE: The purpose of this policy is to ensure that each event is properly documented whenever an employee is involved in an incident of this type. This policy also enables the department to locate patterns or trends that may indicate training needs and/or policy modifications. 131.1.3 DEFINITIONS: A. CONSTRUCTIVE AUTHORITY 1. Constructive authority does not involve actual physical contact with the subject, but involves the use of the file:///PLN-DC01/DATA/New%20to%20post/Publications/131-111%20Use%20of%20Force%20reports.html[2/18/2016 4:24:44 PM] B. C. D. E. officer's authority to exert control over the subject. 2. Examples include verbal commands, warnings, and pointing a firearm at the subject. PHYSICAL CONTACT 1. Physical contact involves routine or procedural contact with a subject necessary to effectively accomplish a legitimate law enforcement objective. In these incidents, no further physical measures are necessary to overcome subject resistance. 2. Examples include guiding the subject into a patrol car, holding the prisoner's arm while transporting, handcuffing a subject or prisoner, and maneuvering or securing a subject for frisk. PHYSICAL FORCE 1. Physical force involves physical contact with the subject beyond that routinely utilized to effect an arrest or other law enforcement objectives. Physical force is employed when necessary to overcome the subject's physical resistance to the exertion of the officer's authority, or to protect persons and/or property. 2. Examples include punching and kicking, wrestling a resisting subject to the ground, using wrist locks or arm locks or other similar methods of hand-to-hand confrontation. MECHANICAL FORCE THROUGH LETHAL AND LESS THAN LETHAL WEAPONS 1. Mechanical force involves the use of some device or substance, other than a firearm, to overcome the subject’s resistance to the exertion of the officer's authority. 2. Examples include the use of a baton or other object, canine physical contact with the subject, and chemical or natural agent spraying. DEADLY FORCE 1. Deadly force is the discharge of a firearm at or in the direction of another person. 131.2 AFTER ACTION REPORTS & INVESTIGATION: 131.2.1 SUBMISSION OF WRITTEN REPORT: An officer(s) shall prepare and submit a written incident report, by the end of their tour of duty, under the following circumstances: If one officer utilizes force to effect an arrest, it shall be documented, (i.e., the officer will complete an Investigation report detailing the facts and circumstances surrounding the incident). If more than one officer is involved in the use of force incident resulting in an injury, each officer shall complete a report (e.g., original I.R. or supplemental), outlining his/her actions and/or observations in the incident. A. ANY ACTION RESULTING IN INJURY OR DEATH: If an officer takes an action that results in, or is alleged to have resulted in, injury or death of another person. Officers shall also be guided by requirements found in SOP# 820.5.10 concerning the injury or death of a person who is being held in the departmental holding facility. B. APPLIES PHYSICAL FORCE OR UTILIZES A LETHAL OR LESS THAN LETHAL WEAPON: Anytime an officer(s) applies force through a less than lethal weapon, or applies physical force, whether or not any injury occurred. All of the facts and circumstances shall be included in a written incident report. The report shall include the type of weapon used; the reason it was used; how it was used and the extent of any injuries. C. DISCHARGE OF A FIREARM FOR OTHER THAN TRAINING OR RECREATIONAL PURPOSES. D. TAKES AN ACTION THAT RESULTS IN , OR IS ALLEGED TO HAVE RESULTED IN, SERIOUS INJURIES OR DEATH OF ANOTHER PERSON. 131.2.2 FIREARM DISCHARGE OR SERIOUS INJURY AND/OR DEATH: Whenever an officer(s) of this Department (whether on or off duty), discharges a firearm for other than agency training, recreational purposes or for the noneventful destruction of an animal; or employs the use of deadly or non-deadly force where death or serious injury occurs, that officer(s) shall immediately notify his/her immediate Supervisor, or in his/her absence, the duty Patrol Supervisor. The immediate Supervisor or Patrol Supervisor, which ever is applicable, shall immediately respond to the scene and shall notify the Shift Commander as soon as practical. A. SUPERVISOR’S RESPONSIBILITIES: The supervisor shall immediately secure the scene of the incident, and file:///PLN-DC01/DATA/New%20to%20post/Publications/131-111%20Use%20of%20Force%20reports.html[2/18/2016 4:24:44 PM] shall: 1. Notify the Captain of Patrol, the Chief Law Enforcement Officer (CLEO), and the Internal Affairs Unit as soon as possible. 2. Obtain medical treatment for any injured party. 3. Place the involved officer(s) in a comfortable, secure location away from the center of attention, which may include a designated medical facility. The involved officer(s) shall remain in the company of either an uninvolved officer or the assigned investigator. 4. Direct the Officer(s) involved that he/she is not to discuss the incident with anyone who is not officially assigned to the investigation including the accompanying officer. 5. Relieve the involved officer(s) of his/her weapon and/or, if a firearm, note the order of and the amount of ammunition in the weapon. (This should be accomplished out of the public view and if at all possible, the officer(s) should be given another firearm immediately so that the officer(s) is not further traumatized by being disarmed.) 6. Arrange transportation to Police Headquarters while the involved officer(s) is in the constant company of either an uninvolved officer or the assigned investigator. 7. Instruct the involved officer(s) that he/she is not to wash his/her hands until permission to do so is given by the (Internal Affairs) investigating officer. However, the investigating officer must take into consideration washing or decontamination in the event of the presence of blood borne pathogens. 8. Detain any witnesses to the incident either at the scene or arrange for any and all witnesses to be transported to Police Headquarters for interviews. 9. Instruct the involved officer(s) to complete a written investigative report. 10. Complete a thorough on-scene investigation of the circumstances surrounding the incident and submit a detailed written report of his/her action and/or observations. B. CHIEF LAW ENFORCEMENT OFFICER (CLEO) RESPONSIBILITIES: The CLEO or his designee will notify the appropriate authority, and will: 1. Instruct the Officer in Charge of Internal Affairs to complete a thorough investigation. 2. IF THE INCIDENT INVOLVES SERIOUS INJURY/DEATH TO A SUSPECT, direct the scene supervisor to relieve the officer(s) from his/her line-of-duty assignment, pending administrative review. The CLEO may, at his discretion, direct the officer(s) to be placed on administrative leave. a. Relief from assignment is not to be considered as punishment or suspected guilt of wrong doing. This is an administrative decision which will automatically occur in all similar situations. 3. Ensure the officer’s mental and emotional condition is assessed in an attempt to balance investigative and psychological needs at the time. a. Officers involved in shooting incidents resulting in death or serious injury shall be required to receive counseling and evaluation. The return to work will be based upon a review of the examining doctor’s evaluation report. b. In some critical incidents, the employee’s family may need assistance in dealing with the situation, in addition to the officer him/herself. The CLEO after consulting with the Police Director will determine what assistance, if any, will be provided to the family. This will be done on a case by case basis. 4. Administratively review the findings of the Internal Affairs Investigation. C. INTERNAL AFFAIRS: The Internal Affairs Officer shall immediately respond to begin an investigation into the incident, and shall make contact with the Middlesex County Prosecutor’s Office. In addition, the investigator shall: 1. Coordinate the investigation with other involved jurisdictions. 2. Adhere to the established guidelines of the State Attorney General's Office. 3. Take charge of the officer’s weapon and any evidence. 4. Inspect the scene of the incident and collect evidence. 5. Conduct an investigation of the incident including taking statements, photographs and an incident scene diagram. 6. Prepare a confidential written report which shall be forwarded directly to the CLEO for administrative review. file:///PLN-DC01/DATA/New%20to%20post/Publications/131-111%20Use%20of%20Force%20reports.html[2/18/2016 4:24:44 PM] 131.2.3 USE OF FORCE IN ANOTHER JURISDICTION: Any officer(s) involved in the use of force while on-duty, or offduty, in another jurisdiction shall: A. Immediately notify the law enforcement agency in the jurisdiction of the incident and notify the Shift Commander of the Woodbridge Police Department, as soon as practical following the incident. The involved officer(s) shall cooperate with the investigating authority. B. The Shift Commander will assign a supervisor to respond to the incident location. The supervisor will determine the level of investigation necessary as outlined in this policy (above). 131.2.4 “USE OF FORCE” REPORT FORM: In addition to the written report which is required in Section 131.2.1 of this policy, a Departmental "Use of Force" form will be completed as follows and forwarded to the Internal Affairs Division. This form is to be completed by each officer who utilized force as outlined within this policy. (This form is not to be made part of the original incident report). A. MINOR INCIDENTS - NO INJURIES: Incidents involving the use of physical force or force as applied through the application of less then lethal weapons, and where there are no injuries to the suspect: The “Use of Force” form will be completed by the officer(s) involved and reviewed by his/her Supervisor 1. This form is not necessary for routine handcuffing/searching of a prisoner in order to transport and where resistance is not present. 2. Upon supervisory review, this report shall be forwarded to the Internal Affairs Division for final review. B. MINOR INCIDENTS - WITH INJURIES: Incidents involving the use of physical force or force as applied through the application of less then lethal weapons and where there are minor injuries to the suspect: The “Use of Force” form will be completed by the officer(s) involved and reviewed by the officer's supervisor and forwarded to the Internal Affairs Division. C. USE OF FIREARMS OR SERIOUS INJURY OR DEATH: The “Use of Force” form is to be completed by the officer(s) involved, reviewed by his/her Supervisor and forwarded directly to the Internal Affairs Division. 131.2.5 REVIEW OF INCIDENTS INVOLVING USE OF FORCE: The Internal Affairs Division is responsible for reviewing all reports related to this policy. This includes original incident reports, as well as, supplemental “Use of Force” report forms. The investigating I/A Officer shall ensure copies of all related reports are obtained from the Records Bureau, as well as any other materials required to review/investigate the incident. The I/A review shall encompass an analysis of the incident concerning; compliance with agency Rules and Regulations, Polices and Procedures, Guidelines issued by the Attorney General and by the Middlesex Country Prosecutor, and accepted police practices. A. NOTIFICATION TO THE CHIEF LAW ENFORCEMENT OFFICER (CLEO): The Officer in Charge of I/A is responsible for reporting to the CLEO on the progress, and conclusions of, all “Use of Force” I/A Investigations. The CLEO may, if indicated or required by the degree of the incident, review the investigation with the municipal attorney and/or Middlesex County Prosecutor. 1. The CLEO or his designee after consulting with the Police Director, will determine what action, if any, will be taken concerning the incident. B. ANNUAL ANALYSIS: The Officer in Charge of I/A will ensure an annual analysis is completed of all “Use of Force” incidents. Said analysis shall look for patterns or trends that could indicate training needs and/or policy modifications, as well as, issues concerning the proper application of, and/or the use of force, by the department as a whole, and/or by individual officers. 1. The “Use of Force” analysis shall be forwarded to the CLEO by the 31st of January of each year. 131.2.6 file:///PLN-DC01/DATA/New%20to%20post/Publications/131-111%20Use%20of%20Force%20reports.html[2/18/2016 4:24:44 PM] MECHANICS OF THE USE OF FORCE REPORT: The Use of Force Report shall be completed as follows: A. Section “A” Incident Information: This section requests information on the incident that involved police use of force. Please provide the date and time of the force incident. For location, use the street address. For “type of incident”, check all that apply. B. Section “B” Subject(s) Information: This section requests information on the subject(s) involved in the use of force incident. Information should be filled out only for those subjects that were the recipients of police use of force. If the subject(s) escaped, indicate "UNKNOWN" for the “name”. For “weapon”, please circle "Y" if any weapon was utilized in any way and/or was found on the subject. For “injury” and “hospital”, circle "Y" only if subject's injuries were a result of police use of force. C. Section “C” Level of Subject(S) Resistance: This section requests information on the level of resistance used by the subject(s). Check off every level of resistance that the subject(s) used (i.e., if the subject(s) threatened an officer(s) with both a motor vehicle and a firearm, both blocks would be checked.) D. Section “D” Type of Force Used: This section requests information on the level of force the officer(s) used in a “use of force” incident. Check off all levels of force used against each of the subjects. If an officer utilized a type of force not included on the form, he/she would have to check "Other Force" and specify the action(s) taken in the space provided. E. Section “E” Officer’s Information: This section requests information from the officer(s) involved. For “injury” and “hospital” information, circle "Y" only for injuries received, by the officer completing the form, during the “use of force” incident. 1. Officer’s signature: The officer shall sign the form after completing it and before submitting it to the supervisor for review. 2. Supervisor’s signature: The supervisor shall sign the form after reviewing it and before submitting it to the CLEO, through the chain of command. file:///PLN-DC01/DATA/New%20to%20post/Publications/131-111%20Use%20of%20Force%20reports.html[2/18/2016 4:24:44 PM] WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures USE OF FORCE - REPORTS Chapter: 131 Date(s): Authority Effective: 3-31-98 Chief Wm. Trenery Revised: 07-06-11 Director R. Hubner Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: Volume One: Law Enforcement Role & Responsibilities General Order #: 98-004 11-003 File #: 131-971 131-111 ACCREDITATION STANDARDS REFERENCES: 1.3.6, 1.3.7, 1.3.8, 1.3.13 131.1 POLICY & PURPOSE: 131.1.1 POLICY: Police officers may use force when it is reasonably necessary in the performance of their official responsibilities or to protect the lives and safety of the officer or another. This department has in place specific policies concerning the justifiable uses of such force. In order to properly oversee this important use of police discretion and authority, it is necessary to document all instances when force is used. A clear understanding of incidents which involve the use of force will help the department monitor its policies, training and supervision in this critical area. Therefore, it is the policy of this department that all incidents which involve the use of force beyond routine or procedural physical contact shall be reported in accordance with these procedures. 131.1.2 PURPOSE: The purpose of this policy is to ensure that each event is properly documented whenever an employee is involved in an incident of this type. This policy also enables the department to locate patterns or trends that may indicate training needs and/or policy modifications. 131.1.3 DEFINITIONS: A. CONSTRUCTIVE AUTHORITY 1. Constructive authority does not involve actual physical contact with the subject, but involves the use of the officer's authority to exert control over the subject. 2. Examples include verbal commands, warnings, and pointing a firearm at the subject. B. PHYSICAL CONTACT 1. Physical contact involves routine or procedural contact with a subject necessary to effectively accomplish a legitimate law enforcement objective. In these incidents, no further physical measures are necessary to overcome subject resistance. 2. Examples include guiding the subject into a patrol car, holding the prisoner's arm while transporting, handcuffing a subject or prisoner, and maneuvering or securing a subject for frisk. C. PHYSICAL FORCE 1. Physical force involves physical contact with the subject beyond that routinely utilized to effect an arrest or other law enforcement objectives. Physical force is employed when necessary to overcome the subject's physical resistance to the exertion of the officer's authority, or to protect persons and/or property. 2. Examples include punching and kicking, wrestling a resisting subject to the ground, using wrist locks or arm locks or other similar methods of hand-to-hand confrontation. D. MECHANICAL FORCE THROUGH LETHAL AND LESS THAN LETHAL WEAPONS 1. Mechanical force involves the use of some device or substance, other than a firearm, to overcome the subject’s resistance to the exertion of the officer's authority. 2. Examples include the use of a baton or other object, canine physical contact with the subject, and chemical or natural agent spraying. E. DEADLY FORCE 1. Deadly force is the discharge of a firearm at or in the direction of another person. 131.2 AFTER ACTION REPORTS & INVESTIGATION: 131.2.1 SUBMISSION OF WRITTEN REPORT: An officer(s) shall prepare and submit a written incident report, by the end of their tour of duty, under the following circumstances: If one officer utilizes force to effect an arrest, it shall be documented, (i.e., the officer will complete an Investigation report detailing the facts and circumstances surrounding the incident). If more than one officer is involved in the use of force incident resulting in an injury, each officer shall complete a report (e.g., original I.R. or supplemental), outlining his/her actions and/or observations in the incident. A. ANY ACTION RESULTING IN INJURY OR DEATH: If an officer takes an action that results in, or is alleged to have resulted in, injury or death of another person. Officers shall also be guided by requirements found in SOP# 820.5.10 concerning the injury or death of a person who is being held in the departmental holding facility. B. APPLIES PHYSICAL FORCE OR UTILIZES A LETHAL OR LESS THAN LETHAL WEAPON: Anytime an officer(s) applies force through a less than lethal weapon, or applies physical force, whether or not any injury occurred. All of the facts and circumstances shall be included in a written incident report. The report shall include the type of weapon used; the reason it was used; how it was used and the extent of any injuries. C. DISCHARGE OF A FIREARM FOR OTHER THAN TRAINING OR RECREATIONAL PURPOSES. D. TAKES AN ACTION THAT RESULTS IN , OR IS ALLEGED TO HAVE RESULTED IN, SERIOUS INJURIES OR DEATH OF ANOTHER PERSON. 131.2.2 FIREARM DISCHARGE OR SERIOUS INJURY AND/OR DEATH: Whenever an officer(s) of this Department (whether on or off duty), discharges a firearm for other than agency training, recreational purposes or for the non-eventful destruction of an animal; or employs the use of deadly or non-deadly force where death or serious injury occurs, that officer(s) shall immediately notify his/her immediate Supervisor, or in his/her absence, the duty Patrol Supervisor. The immediate Supervisor or Patrol Supervisor, which ever is applicable, shall immediately respond to the scene and shall notify the Shift Commander as soon as practical. A. SUPERVISOR’S RESPONSIBILITIES: The supervisor shall immediately secure the scene of the incident, and shall: 1. Notify the Captain of Patrol, the Chief Law Enforcement Officer (CLEO), and the Internal Affairs Unit as soon as possible. 2. Obtain medical treatment for any injured party. 3. Place the involved officer(s) in a comfortable, secure location away from the center of attention, which may include a designated medical facility. The involved officer(s) shall remain in the company of either an uninvolved officer or the assigned investigator. 4. Direct the Officer(s) involved that he/she is not to discuss the incident with anyone who is not officially assigned to the investigation including the accompanying officer. 5. Relieve the involved officer(s) of his/her weapon and/or, if a firearm, note the order of and the amount of ammunition in the weapon. (This should be accomplished out of the public view and if at all possible, the officer(s) should be given another firearm immediately so that the officer(s) is not further traumatized by being disarmed.) 6. Arrange transportation to Police Headquarters while the involved officer(s) is in the constant company of either an uninvolved officer or the assigned investigator. 7. Instruct the involved officer(s) that he/she is not to wash his/her hands until permission to do so is given by the (Internal Affairs) investigating officer. However, the investigating officer must take into consideration washing or decontamination in the event of the presence of blood borne pathogens. 8. Detain any witnesses to the incident either at the scene or arrange for any and all witnesses to be transported to Police Headquarters for interviews. 9. Instruct the involved officer(s) to complete a written investigative report. 10. Complete a thorough on-scene investigation of the circumstances surrounding the incident and submit a detailed written report of his/her action and/or observations. B. CHIEF LAW ENFORCEMENT OFFICER (CLEO) RESPONSIBILITIES: The CLEO or his designee will notify the appropriate authority, and will: 1. Instruct the Officer in Charge of Internal Affairs to complete a thorough investigation. 2. IF THE INCIDENT INVOLVES SERIOUS INJURY/DEATH TO A SUSPECT, direct the scene supervisor to relieve the officer(s) from his/her line-of-duty assignment, pending administrative review. The CLEO may, at his discretion, direct the officer(s) to be placed on administrative leave. a. Relief from assignment is not to be considered as punishment or suspected guilt of wrong doing. This is an administrative decision which will automatically occur in all similar situations. 3. Ensure the officer’s mental and emotional condition is assessed in an attempt to balance investigative and psychological needs at the time. a. Officers involved in shooting incidents resulting in death or serious injury shall be required to receive counseling and evaluation. The return to work will be based upon a review of the examining doctor’s evaluation report. b. In some critical incidents, the employee’s family may need assistance in dealing with the situation, in addition to the officer him/herself. The CLEO after consulting with the Police Director will determine what assistance, if any, will be provided to the family. This will be done on a case by case basis. 4. Administratively review the findings of the Internal Affairs Investigation. C. INTERNAL AFFAIRS: The Internal Affairs Officer shall immediately respond to begin an investigation into the incident, and shall make contact with the Middlesex County Prosecutor’s Office. In addition, the investigator shall: 1. Coordinate the investigation with other involved jurisdictions. 2. Adhere to the established guidelines of the State Attorney General's Office. 3. Take charge of the officer’s weapon and any evidence. 4. Inspect the scene of the incident and collect evidence. 5. Conduct an investigation of the incident including taking statements, photographs and an incident scene diagram. 6. Prepare a confidential written report which shall be forwarded directly to the CLEO for administrative review. 131.2.3 USE OF FORCE IN ANOTHER JURISDICTION: Any officer(s) involved in the use of force while on-duty, or off-duty, in another jurisdiction shall: A. Immediately notify the law enforcement agency in the jurisdiction of the incident and notify the Shift Commander of the Woodbridge Police Department, as soon as practical following the incident. The involved officer(s) shall cooperate with the investigating authority. B. The Shift Commander will assign a supervisor to respond to the incident location. The supervisor will determine the level of investigation necessary as outlined in this policy (above). 131.2.4 “USE OF FORCE” REPORT FORM: In addition to the written report which is required in Section 131.2.1 of this policy, a Departmental "Use of Force" form will be completed as follows and forwarded to the Internal Affairs Division. This form is to be completed by each officer who utilized force as outlined within this policy. (This form is not to be made part of the original incident report). A. MINOR INCIDENTS - NO INJURIES: Incidents involving the use of physical force or force as applied through the application of less then lethal weapons, and where there are no injuries to the suspect: The “Use of Force” form will be completed by the officer(s) involved and reviewed by his/her Supervisor 1. This form is not necessary for routine handcuffing/searching of a prisoner in order to transport and where resistance is not present. 2. Upon supervisory review, this report shall be forwarded to the Internal Affairs Division for final review. B. MINOR INCIDENTS - WITH INJURIES: Incidents involving the use of physical force or force as applied through the application of less then lethal weapons and where there are minor injuries to the suspect: The “Use of Force” form will be completed by the officer(s) involved and reviewed by the officer's supervisor and forwarded to the Internal Affairs Division. C. USE OF FIREARMS OR SERIOUS INJURY OR DEATH: The “Use of Force” form is to be completed by the officer(s) involved, reviewed by his/her Supervisor and forwarded directly to the Internal Affairs Division. 131.2.5 REVIEW OF INCIDENTS INVOLVING USE OF FORCE: The Internal Affairs Division is responsible for reviewing all reports related to this policy. This includes original incident reports, as well as, supplemental “Use of Force” report forms. The investigating I/A Officer shall ensure copies of all related reports are obtained from the Records Bureau, as well as any other materials required to review/investigate the incident. The I/A review shall encompass an analysis of the incident concerning; compliance with agency Rules and Regulations, Polices and Procedures, Guidelines issued by the Attorney General and by the Middlesex Country Prosecutor, and accepted police practices. A. NOTIFICATION TO THE CHIEF LAW ENFORCEMENT OFFICER (CLEO): The Officer in Charge of I/A is responsible for reporting to the CLEO on the progress, and conclusions of, all “Use of Force” I/A Investigations. The CLEO may, if indicated or required by the degree of the incident, review the investigation with the municipal attorney and/or Middlesex County Prosecutor. 1. The CLEO or his designee after consulting with the Police Director, will determine what action, if any, will be taken concerning the incident. B. ANNUAL ANALYSIS: The Officer in Charge of I/A will ensure an annual analysis is completed of all “Use of Force” incidents. Said analysis shall look for patterns or trends that could indicate training needs and/or policy modifications, as well as, issues concerning the proper application of, and/or the use of force, by the department as a whole, and/or by individual officers. 1. The “Use of Force” analysis shall be forwarded to the CLEO by the 31st of January of each year. 131.2.6 MECHANICS OF THE USE OF FORCE REPORT: The Use of Force Report shall be completed as follows: A. Section “A” Incident Information: This section requests information on the incident that involved police use of force. Please provide the date and time of the force incident. For location, use the street address. For “type of incident”, check all that apply. B. Section “B” Subject(s) Information: This section requests information on the subject(s) involved in the use of force incident. Information should be filled out only for those subjects that were the recipients of police use of force. If the subject(s) escaped, indicate "UNKNOWN" for the “name”. For “weapon”, please circle "Y" if any weapon was utilized in any way and/or was found on the subject. For “injury” and “hospital”, circle "Y" only if subject's injuries were a result of police use of force. C. Section “C” Level of Subject(S) Resistance: This section requests information on the level of resistance used by the subject(s). Check off every level of resistance that the subject(s) used (i.e., if the subject(s) threatened an officer(s) with both a motor vehicle and a firearm, both blocks would be checked.) D. Section “D” Type of Force Used: This section requests information on the level of force the officer(s) used in a “use of force” incident. Check off all levels of force used against each of the subjects. If an officer utilized a type of force not included on the form, he/she would have to check "Other Force" and specify the action(s) taken in the space provided. E. Section “E” Officer’s Information: This section requests information from the officer(s) involved. For “injury” and “hospital” information, circle "Y" only for injuries received, by the officer completing the form, during the “use of force” incident. 1. Officer’s signature: The officer shall sign the form after completing it and before submitting it to the supervisor for review. 2. Supervisor’s signature: The supervisor shall sign the form after reviewing it and before submitting it to the CLEO, through the chain of command. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures USE OF INFORMANTS Chapter: 615 Volume Six: Operations Support Date(s): Authority General Order #: Effective: May 8, 1998 Chief Wm. Trenery 98-008 Revised: Sept. 1, 2011 Director R. Hubner 11-003 Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 42.2.7 File #: 615-981 615-111 615.1 POLICY & PURPOSE: 615.1.1 POLICY: The department recognizes the importance of confidential sources of information. Such sources are often a prerequisite to the successful solution of some crimes, as well as being important in other areas of investigation. They may provide information that results in the prevention of violence or disruption of public order, and serve as the basis for background intelligence information. The courts have long upheld the use of confidential sources as legitimate and necessary tools for law enforcement to solve crimes and prevent criminal activity. Each police officer should be cognizant of the role of the confidential source and need to use the source properly. The obtaining of information from persons who wish their identities to remain confidential is not only lawful, it is often an effective and essential tool for law enforcement agencies. However, unless this kind of activity is adequately controlled, gathering information in this manner can result in serious problems and may jeopardize legitimate investigations and prosecutions. Therefore, it will be the policy of this agency to utilize informants in a manner consistent with the laws of this state. 615.1.2 PURPOSE: The use of confidential informants (C.I.) requires detailed documentation and administrative control. All actions by a confidential informant must be carefully supervised to provide investigative integrity. The purpose of this policy is to provide uniformity, accountability, and protection to officers and the department in official actions with confidential informants, and to enhance the effective use of same. It is for these reasons that all officers of this department are required to adhere to these procedures whenever interacting or dealing with a person whom they intend to use as a confidential informant. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures V.I.P. SECURITY Chapter: 566 Volume Five: Law Enforcement Operations Date(s): Authority General Order #: Effective: June 10, 1997 Chief Wm. Trenery 97-008 Revised: 08-02-11 Director R. Hubner 11-003 Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 15.1.1 File #: 566-971 566-111 566.1 POLICY & PURPOSE: 566.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to prepare for the security of visiting dignitaries or VIP's. It is recognized that the safety of traveling dignitaries and V.I.P.’s is a must and must be handled with the utmost professionalism and preparedness. 566.1.2 PURPOSE: On occasion, the Township may play host to a national or foreign dignitary. When information is received regarding an upcoming VIP visit, it is imperative that there is a coordinated effort in handling of the visit to ensure the safety of the VIP, minimize disruption to normal traffic, and to ensure a professional response to the event. In order to respond to each event in a professional and controlled manner, the Police Department shall prepare an action plan for the handling of security and control of the V.I.P. visit. The safety of the public, property, and the V.I.P. in the Township of Woodbridge is paramount. Therefore, the purpose of this policy is to provide guidelines regarding the provision of necessary security and controls. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures PROMOTIONAL PROCESS Chapter: 440 Volume Four: The Personnel Process Date(s): Authority General Order #: Effective: 04-24-97 Chief Wm. Trenery 97-005 Revised: 10-15-98 Chief Wm. Trenery 98-023 Revised: Dec. 6, 2011 Director R. Hubner 11-003 Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: Chapter 34(All) 33.8.2 File #: 440-971 440-982 440-111 440.1 POLICY & PURPOSE: 440.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to participate in, and comply with, the promotional procedures established by the New Jersey Civil Service Commision rules as outlined within N.J.S.A. Title 4A. 440.1.2 PURPOSE: The promotion process is generally acknowledged as a key activity in determining the operational effectiveness of this agency. Under New Jersey Civil Service Commission guidelines, basic principals exist for the development of an efficient, effective, and fair promotion process that results in the appointment of those individuals who best possess the skills, knowledge and abilities necessary for the agency to achieve its overall mission, and its organizational goals and objectives. The purpose of this policy is to outline the promotional process for sworn personnel in clear and concise terms in order to improve its understanding and validity of the process. 440.2 AGENCY ROLE: 440.2.1 AUTHORITY AND RESPONSIBILITY FOR PROMOTION: The Police Director is responsible for the overall administration of the promotional process within this agency, and has the authority to manage effectively its operation and direction. The Police Director relies upon the New Jersey Civil Service Commission to administer the examination and candidate certification phases of the process in accordance with applicable laws governing same. A. ROLE OF THE POLICE DIRECTOR: The Police Director has the following duties and responsibilities as they relate to the promotional process. 1. Promotional Oversight: The Police Director is responsible for insuring that all of the New Jersey Civil Service Commission Rules and Regulations governing promotions are adhered to in the agency's promotional process, and that all elements used to evaluate candidates for promotion are job related and nondiscriminatory. a. Validation: Proof of validation may be accomplished by one or more of the following: 1. Validation studies of written tests. 2. Demonstration of oral examinations showing they are based upon measuring traits which are significant or necessary as identified in written job analyses. 3. Demonstration of assessment center tests showing that the performance of tasks or skills are essential job functions. 2. Liaison Duties: The Police Director shall be the liaison between this agency and the NJ Civil Service Commission. Liaison duties shall be coordinated through the Woodbridge Township Department of Personnel. 3. Vacancies: When openings within supervisory and command ranks occur in the agency, the Police Director will seek to fill those openings in a manner prescribed by the NJ Civil Service Commission. a. The Police Director will make recommendations to the Appropriate Authority to fill the opening(s) from an existing promotional list(s), or, shall request the Woodbridge Township Department of Personnel to call for a open competitive examination to be administered by the NJ Civil Service Commission for the opening(s) that exist. 4. Announcement of Tests: The Police Director will insure that all eligible candidates are notified of pending promotional testing opportunities and provided with the information necessary to participate in the promotional process. 5. Interviews: The Police Director shall be responsible for conducting interviews of all agency personnel who are certified as eligible for promotion by the NJ Civil Service Commission. B. ROLE OF THE NJ CIVIL SERVICE COMMISSION: The NJ Civil Service Commission may: 1. Provide testing applications to the agency for distribution to eligible personnel. 2. Advise applicants of the scheduled date, time and location of the promotional test. 3. Provide the applicant with a comprehensive study guide. 4. Provide the applicant with a description of the test review and appeal process. 5. Provide the applicant with their test results and ranking. 6. Provide the applicant with the time duration of promotional eligibility list(s). 7. Provide the agency with a list of applicants that have satisfactorily passed the testing process and their ranking. 440.3 PROMOTIONAL PROCEDURES 440.3.1 WRITTEN ANNOUNCEMENTS FOR PROMOTIONAL EXAMINATION: The Police Director will insure that all eligible candidates are notified of pending promotional examinations through verbal and written announcements. A. WRITTEN ANNOUNCEMENTS: Written announcements will be posted by Special Order and will contain the following information. 1. A description of the position or job classification for which vacancies exist. 2. A schedule of date, time and location of the examination. 3. A description of eligibility requirements B. VERBAL ANNOUNCEMENTS: Periodic verbal announcements/reminders will be conducted by Supervisory personnel at roll call, staff meetings and agency conferences. 440.3.2 TESTING ELEMENTS - NJ CIVIL SERVICE COMMISSION: Promotion to all supervisory and command level positions may be through written, oral, or assessment center testing, or a combination thereof, as established through prior announcement by the New Jersey Civil Service Commission. The NJ Civil Service Commission will advise all eligible candidates of the testing format, which may include the issuance of a comprehensive orientation/study guide approximately four (4) to six (6) weeks prior to the examination date. The purpose of the guide is to help familiarize eligible candidates with the type and format of the exercises which will be administered during the exam, and may include reference lists for any study materials appropriate for the format selected by the Civil Service Commission. The examination process may include individually, or a combination of the following types of examinations: A. ORAL INTERVIEWS: Oral interviews are a common component of promotional processes. They may be conducted with single or multiple interviewers, and more than one interview may be necessary in a given process. Oral interviews include structured components and may also include unstructured questioning. B. ASSESSMENT CENTERS: Assessment centers may also be used for promotion. Assessment centers, if used, may contain the following elements: 1. Use of multiple assessors who are thoroughly trained prior to participating in a center; 2. Use of techniques designed to provide information which is used in evaluating the dimensions, attributes, or qualities previously determined; 3. Use of multiple assessment techniques, one of which may be a simulation or in-basket exercise; 4. Use of simulation exercises that have been pre-tested prior to use to ensure that the techniques provide reliable, objective, and relevant information and that the exercises are job related; 5. Base judgments resulting in an outcome on pooled information from assessors and techniques; 6. Base overall evaluation of behavior made by assessors at a separate time from observation of behavior during the exercises; 7. Uses a form or forms to record and document the observations of assessors at each stage of the process. C. WRITTEN TESTS: Written problem-solving exercises may be used to assess the candidate’s knowledge, and their ability to identify problems and arrive at sound decisions. These may include multiple choice, short answer, essay, or true/false exercises. 440.3.3 ELIGIBILITY LISTS: The procedures for testing element weights, ranking and placing candidates on a promotional eligibility list falls under the control of the New Jersey Civil Service Commission. Specific procedures are announced by the Civil Service Commission prior to the written examination. Such announcements may be part of the examination guide issued by the Civil Service Commission. The guide will list the factors and numerical weights which are typically used to place candidates on an eligibility list. These may include percentage points related to a combination of years of service, time in rank, and the employee's score earned in the examination process. When the Civil Service Commission issues employees their final score and their order of placement on the eligibility list, they will also include the number of years for which the list is valid and the procedures for which to review and appeal promotional elements. A. SELECTION OF NAMES FROM ELIGIBILITY LISTS: Recommendations for promotion are made by the Police Director to the Appropriate Authority. The selection of names from the eligibility list shall be in strict conformance to the guidelines issued by the NJ which shall follow the "Rule of Three". 440.3.4 EVALUATING THE PROMOTIONAL POTENTIAL OF CANDIDATES: When promotions are called for by the Police Director, the New Jersey Civil Service Commission will notify eligible candidates of their pending eligibility for promotion. Each eligible candidate is then required to notify the Appropriate Authority, in writing and by the specified deadline, that they wish to be considered for promotion. The Appropriate Authority will advise the Police Director of those candidates who wish to continue in the process. The Police Director will then conduct interviews of those employees. The Police Director retains the right to then recommend eligible candidates to the Appropriate Authority for promotion, in the manner prescribed by the New Jersey Civil Service Commission. A. INTERVIEW: Eligible employee's will be required to submit to an oral interview by the Police Director, which will include a review of their past performance and productivity. This may include the following: 1. Performance Appraisal Reports. 2. Letters of Commendation 3. Letters of Counseling and Reprimand. 4. Disciplinary Record. 5. Attendance Records. 6. Other information as it appears to bear upon suitability for promotion. 440.3.5 REAPPLICATION, RETESTING AND /OR REEVALUATION: Reapplication and re-testing for a promotional test will occur at the next promotional test announcement authorized by the Police Director and coordinated with the NJ Civil Service Commission. Reevaluation shall occur based upon an employee filing an appeal within the guidelines issued by the NJ Civil Service Commission. 440.4 PROBATIONARY PERIOD UPON PROMOTION: 440.4.1 90 DAY PERFORMANCE EVALUATION PERIOD: In compliance NJ Civil Service Regulation 4A:4-5.2, a 90 day Working Test Period is included as a final phase of the Test process. Accordingly, the department will evaluate the performance of newly promoted personnel during this time period. A. ASSIGNMENT OF NEWLY PROMOTED: Newly promoted personnel will be assigned to a Supervisor/Trainer for the purposes of providing guidance and training to the newly promoted employee concerning his/her new job responsibilities. 1. The assigned supervisor is responsible for providing continual guidance concerning the performance of the employee during the 90 day period. 2. At intervals of 30, 60, and 80 days, the assigned Supervisor will compete a performance evaluation of the employee concerning their performance during the evaluation period. Evaluations will be completed using the performance evaluation form designed for the specific rank/assignment. 3. Evaluations are completed for the purpose of providing feedback to the employee, the department, and the New Jersey Civil Service Commission on the progress of the employee’s performance in the newly assigned position, as well as to determine the need for additional training, reassignment, or demotion. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures PERFORMANCE EVALUATIONS Chapter: 450 Volume Four: The Personnel Process Date(s): Authority General Order #: Effective: Nov. 26, 1997 Chief Wm. Trenery 97-016 Revised: 11-30-98 Chief Wm. Trenery 98-027 Revised: 09-28-01 Chief Wm. Trenery 01-005 Revised: 11-07-01 Chief Wm. Trenery 01-007 Revised: 04-23-04 Chief Wm. Trenery 04-002 Revised: 05-18-06 Chief Wm. Trenery 06-005 Revised: 11-07-07 Chief Wm. Trenery 07-009 Revised: 10-15-08 Chief Wm. Trenery 08-006 Revised: 12-13-10 Chief Wm. Trenery 10-008 Revised: 01-11-12 Director R. Hubner 11-003 LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: Chapter 35(All) File #: 450-971 450-981 450-011 450-012 450-041 450-061 450-071 450-081 450-101 450-121 450.1 POLICY & PURPOSE: 450.1.1 POLICY: It will be the policy of the Woodbridge Township Police Department to have supervisors complete annual performance evaluations on all employees assigned under their supervision. This policy will establish uniform procedures by which all supervisors will be able to evaluate their subordinates. 450.1.2 PURPOSE: The purpose of this policy is to initiate and maintain a process of evaluating personnel based on their performance in a variety of behaviors related to the policing function. The Woodbridge Township Police Department strives to instill public confidence that the agency's personnel are qualified to carry out their assigned duties. The goal of the evaluation system is to provide the employee with important feedback that will enable the individual to develop and grow into an effective, well rounded professional. Organizational goals will be reinforced while the employee sets realistic, pertinent short and long-term career goals in comportment with the organizational mission. The setting and accomplishment of personal and organizational goals will help build an individual’s competence and character while contributing to organizational effectiveness and efficiency. 450.2 EVALUATION REQUIREMENTS: 450.2.1 ANNUAL EVALUATIONS: The Woodbridge Township Police Department will conduct and document employee evaluations on an annual basis. Evaluation reports shall be completed by each employee's immediate supervisor and shall be due by November 30th, for evaluations of the current calendar year. A. INCLUDED PERFORMANCE: Criteria used for the performance evaluation shall be specific to the assignment of the employee during the rating period. Forms containing specific evaluation criteria shall be developed which are based upon the employee's written job description for purposes of enabling the proper evaluation of the employee’s performance. 1. For officers that have been supervised by more than one supervisor during the reporting period, the supervisor, that is completing the evaluation, should confer with any other supervising officer(s) to ensure an accurate evaluation of the officer. 2. Supervisors are encouraged to document situations and gather data throughout the evaluation period regarding the employee’s performance that will enable the supervisor to incorporate actual examples into the evaluation process of both good performance and, when necessary, sub-standard performance. B. EXCLUDED PERFORMANCE: Performance of the employee prior to or following the rating period shall be excluded from the rating of the current evaluation. Only those behaviors demonstrated during the identified evaluation period shall be evaluated by the assigned supervisory officer. 1. Exception: For purposes of evaluating an employee's driving skills, the employee's performance during a twenty four (24) month period shall be allowed for this category of performance. 450.2.2 PROBATIONARY EMPLOYEES: Probationary periods are as per New Jersey Administrative Code 4A:4-5.2. The exact date for probationary evaluations will be determined by the employee's appointment date. For civilian employees, a probationary evaluation will be completed twice, once at 60 days and once at 90 days from hire. This evaluation will be completed on the Progress Report Form provided by the Township of Woodbridge Personnel Office. Probationary evaluations will be completed on sworn hires every quarter for one year after completion of the academy or from date of hire for officers that are Police Training Commission certified upon hire. The evaluations will be completed by the Training Officer for the initial 3 month evaluation and then by the Sergeant of the shift the officer is currently assigned. This evaluation will be completed on the Woodbridge Police Probationary Quarterly Report Form. Upon completion of the probationary period the employee will be evaluated by his/her supervisor on an annual basis. A. WRITTEN EVALUATIONS: A written evaluation shall be completed by the employee's immediate supervisor, on the forms designed for the employee's specific assignment/position. B. SUPERVISORY RESPONSIBILITY: Any supervisor who is assigned a probationary employee must, at the beginning of the assignment, review with the employee the expected behaviors, which shall include a review of the performance evaluation form which is specific to that employee’s assignment. 450.2.3 PRE-EVALUATION NOTICE OF UNACCEPTABLE PERFORMANCE: Supervisors shall document employee performance throughout each rating period and provide counseling and guidance as necessary. If, in the judgment of the supervisor, an employee’s performance is deemed sub-par or unacceptable, the supervisor shall advise the employee of the need for improvement, and take all such corrective and or remedial action as is possible. Should the situation continue, the supervisor shall complete a performance notice form documenting the unsatisfactory performance. The original is to be forwarded to the officer’s division commander through the chain of command and a copy is to be given to the employee in question. In situations where a performance notice is generated due to performance deficiencies, the report will be issued at least ninety (90) days prior to the end of the evaluation period except in those instances where exigent circumstances may preclude it. 450.2.4 UNSATISFACTORY/OUTSTANDING RATINGS - FINAL EVALUATION: All supervisors, when completing employee evaluations, must substantiate all ratings for each rating criteria and must give specific reasons for the rating(s) through a narrative commentary. The supervisor should attach any support documentation, if available, to the competed evaluation form, which lends support for each unsatisfactory/outstanding rating. 450.2.5 SECOND LEVEL REVIEW: To ensure fairness and objectivity, each performance evaluation shall have a second level review prior to being presented to the employee. Each evaluation report shall be reviewed and signed by the rater's immediate supervisor. A. REVIEW CRITERIA: The reviewing supervisor will review the evaluation(s) for the following: 1. The fairness, quality, and impartiality of the ratings given by the supervisor. 2. An assurance that ratings are applied uniformly by the supervisor. 3. The participation, and documentation, of the supervisor's counseling of rated employees. 4. The supervisor's ability to carry out their role in the performance evaluation system. B. DOCUMENTATION: The reviewing supervisor will prepare an evaluation report addressing the aforementioned areas concerning the ratings given by the evaluating supervisor. C. SIGNATURE: The reviewing supervisor shall sign the evaluating supervisor's written employee evaluation report, when he/she is satisfied that the evaluating supervisor has met the conditions as outlined within this section. 450.2.6 RATED EMPLOYEE: The rated employee is responsible for accepting any positive criticism(s) offered in an evaluation and will work with the rating supervisor to establish future goals for improvement (if indicated). A. APPEAL: If an employee disagrees in any way with their written evaluation, it is his/her responsibility to discuss the issue with the rating supervisor. If it is not resolved at the time of the post evaluation conference, he/she may submit a written rebuttal, to the evaluation, which will be attached to the evaluation by the supervisor. The written rebuttal must be given to the rating supervisor within 30 days from the date the employee reviews the evaluation with the rating supervisor. 1. In addition to being allowed to submit a written rebuttal, an employee may request, in writing, a review of the evaluation with the rater's immediate supervisor. 2. The appeal request must be submitted through the appropriate chain of command within 30 days of the employee's review of the evaluation. The request must state the reasons for the appeal and should include any documentation, which the employee intends to use to substantiate or support the evaluation appeal. a. A supervisor who receives an appeal notice must complete the appeal review within 30 days of the written appeal notice. The decision will be in writing to the employee. 3. If the employee is not satisfied with the results of the appeal, the employee may file a final appeal, within 30 days of the receipt of the appeal decision, to their Division Commander. a. A Division Commander who receives a final appeal notice must complete the review within 30 days of the written final appeal notice. b. A Division Commander is the last level of appeal concerning Performance Evaluations and his/her decision shall be final. 4. All documentation related to an employee’s appeal of a performance evaluation shall be made part of the written performance evaluation. B. SIGNATURE REQUIRED: Each employee shall be required to sign his or her written evaluation. Their signature shall indicate only that he/she has read the evaluation report. Their signature will not imply agreement or disagreement with the contents/ratings. Employees will be allowed to make written comments to supplement the completed evaluation report. The employee must submit any comments within seven days of the review of their performance evaluation. 1. If an employee refuses to sign the written evaluation, the reviewing supervisor shall so note on the form and indicate any reason provided by the employee for refusal to sign the evaluation. C. COPY PROVIDED TO EMPLOYEE: A copy of the completed evaluation shall be provided to the evaluated employee at the conclusion of the evaluation review. 450.2.7 RETENTION OF PERFORMANCE EVALUATIONS: Performance evaluation reports shall be retained for 6 years after separation from the police department, which is in compliance with the state records retention schedule. Each division is responsible for ensuring that evaluations are properly completed for all employees. The completed performance evaluations will be forwarded to the Operations and Planning Division by the officer’s division commander. The Operations and Planning Division will file the performance evaluations in the individual officers’ personnel files. In the event that an employee leaves the agency, those performance evaluations that are present upon the officer's retirement/resignation will be made part of that employee's sealed personnel file. 450.3 PERFORMANCE EVALUATION SYSTEM ELEMENTS 450.3.1 MEASUREMENT DEFINITIONS: Written performance evaluation forms have been designed to address the various job descriptions within the department. The rater is required to select ‘acceptable’, ‘needs improvement’, or ‘not applicable’. A. ACCEPTABLE: includes any outstanding performance or meets general standards of the department and performs as expected. B. NEEDS IMPROVEMENT: includes any below standard performance. At this level the employee requires improvement to meet the expectations of the department. The supervisor is required to assist the employee with developing an improvement plan in order to reach an acceptable level. C. NOT APPLICABLE: This rating is used when the supervisor has not had adequate observation to make an honest and accurate rating of the employee. It is also used when the criteria is not applicable to the specific employee due to job function. Failure to perform at an adequate level does not merit a not applicable rating, rather a needs improvement rating should be given along with an improvement plan. 450.3.2 PROCEDURES: Each evaluation form shall contain a set of instructions, which are necessary to complete the evaluation form. These instructions shall contain the following: A. INSTRUCTIONS FOR USE OF FORMS: Under each criterion listed in the evaluation form is a list of activities, which illustrates what should be considered when determining the rating of an employee. These criterion describe typical performance at various levels of the rating scale. Using the description statements as a guide, the rater will determine the rating that most appropriately fits the employee. The expected performance is indicated by the rating of acceptable. To receive a rating of unacceptable the officer must fall below the acceptable rating. Supporting written documentation, demonstrating the form(s) of disciplinary action(s), documented counseling, positive discipline, (etc.) should be attached to performance evaluations. Overall comments will be written for each employee. Prior to the evaluation conference with the employee, the evaluating supervisor, in accordance with this policy, will meet with his/her immediate supervisor in order to review each of the rated employee’s evaluation categories for consistency. The evaluation will be forwarded to the Division Commander prior to the employee signature and evaluation conference. Evaluating supervisors must be prepared to substantiate their overall comments will be written for each employee. Prior to the evaluation conference with the employee, the evaluating supervisor, in accordance with this policy, will meet with his/her immediate supervisor in order to review each of the rated employee’s evaluation categories for consistency. The evaluation will be forwarded to the Division Commander prior to the employee signature and evaluation conference. Evaluating supervisors must be prepared to substantiate their ratings. B. RATER RESPONSIBILITY: Each rater has a responsibility to do the following concerning the performance evaluation process: 1. Provide a fair, impartial and quality evaluation of the employee's level of performance, for the evaluation period under consideration. 2. Maintain a record of each employees job performance throughout the year to be used for completing the performance evaluation. 3. Apply ratings uniformly for all employees under his/her review. 4. Provide written explanations, which identify each of the employee's performance weaknesses and/or strengths. 5. Consider what corrective action (improvement plan) has been taken during the evaluation period to correct the employee’s unsatisfactory performance, as well as what guidance and/or direction was provided to enhance the employee’s performance. 6. Maintain contact with each employee for the purpose of counseling him/her during the entire evaluation period for the purpose of assessing performance. 7. Provide constructive guidance and training designed to improve performance during the entire performance evaluation period. 8. Clearly identify the rater's expectations, as they relate to each employee, in terms of acceptable levels of performance. 9. Identify additional training needs, which may require training that is beyond the capabilities of the evaluating supervisor. The evaluating supervisor will contact the training coordinator if assistance is needed for additional training needs. 10. Supervisors are responsible for monitoring an employee's progress at all times. Supervisors must provide leadership, coaching, motivation, training and teaching, to help employees accomplish their goals. C. RATER TRAINING: Supervisors who will be completing written performance evaluations shall receive training on the performance evaluation system as it relates to: 1. Counseling techniques and procedures to be followed when interacting with subordinates. 2. Interpretation of measurement definitions as they relate to each category, and what constitutes average performance, as opposed to other rating levels. 3. The importance and need for documentation of employee performance on a regular basis. 4. The use of, and procedures to follow when completing the performance evaluation forms. 5. The evaluation processes used, and the use of the “Pre-Performance Evaluation Form”. 6. The overall responsibilities of the evaluating supervisor. 450.3.3 EVALUATION CONFERENCES: Within 30 days of the conclusion of the evaluation period, each employee will be given the opportunity to review their performance evaluation, in private, with their immediate supervisor. At this conference the evaluating supervisor will inform the employee of the results of the performance evaluation just completed, and shall offer counseling (as needed) in the following areas: A. The level of performance expected, an improvement plan, if needed, and the evaluating criteria for the new reporting period. B. Career counseling relative to such topics as advancement, specialization, or training appropriate for the employee's position/assignment. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures PROFILING AND DISCRIMINATORY PRACTICES Chapter: Volume Five: 501 Law Enforcement Operations Date(s): Authority General Order #: Effective: Sept. 28, 2001 Chief Wm. Trenery 01-005 Revised: July 18, 2002 Chief Wm. Trenery 02-003 Revised: 06-05-07 Chief Wm. Trenery 07-004 Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 1.2.9 File #: 501-011 501-021 501-071 501.1 DISCUSSION, POLICY & PURPOSE: 501.1.1 DISCUSSION: A fundamental right guaranteed by the Constitution of the United States is equal protection under the law. Along with the right to equal protection is the right to be free from unreasonable searches and seizures by government agents. Citizens are free to walk and drive our streets, highways, and other public places without police interference so long as they obey the law. They are also entitled to be free from crime, and from the depredations of criminals, and to drive and walk our public ways safe from the actions of reckless and careless drivers. Because of the nature of their business, law enforcement officers are required to be observant, to identify unusual occurrences and law violations, and to act upon them. Law enforcement officers must also routinely engage in consensual contacts with citizens and are encouraged to do so. It is these proactive actions that keep our citizens free from crime, our streets and highways safe to drive upon, and that detects and apprehends criminals. In accomplishing their mission however, law enforcement officers must utilize sound police practices and not take any actions based solely upon an individual’s race, ethnicity, age, gender, or sexual orientation. 501.1.2 POLICY: It shall be the policy of the Woodbridge Police Department to prevent and prohibit the practice of discriminatory profiling or any other discriminatory practice by members of the Department. 501.1.3 PURPOSE: The purpose of this policy is to ensure that the race, ethnicity, age, gender, sexual orientation, religion, or economic status of an individual shall not be the sole basis for the detention, interdiction, or other disparate treatment of an individual by any member of the Police Department. 501.2 PROCEDURES: 501.2.1 DEFINITIONS: A. Discriminatory Profiling: The detention, interdiction, or other disparate treatment of an individual solely on the basis of their race, ethnicity, age, gender, sexual orientation, religion or economic status. B. Stop: The restraining of an individual's liberty by physical force or a show of authority. C. Detention: The act of stopping or restraining an individual’s freedom to walk away, approaching and questioning an individual outside the realm of a consensual encounter, or stopping an individual suspected of being personally involved in criminal activity. D. Police Contact: An encounter between a police officer and a citizen, initiated by either party, involving either a consensual exchange, a traffic contact, a field contact or contact involved in asset seizure and forfeiture efforts. E. Search: Looking for or seeking out that which is otherwise concealed from view. 501.2.2 PROCEDURES: A. The Discriminatory Profiling of individuals by members of this department is strictly prohibited. 1. Absent reasonable suspicion based upon articulable and specific facts, the race, ethnicity, age, gender, sexual orientation, religion or economic status of an individual will not be a factor in determining the existence of probable cause to interdict, place in detention, custody or arrest an individual, or in constituting a reasonable and articulable suspicion that an offense has been or is being committed so as to justify the detention of an individual or the investigatory stop of a motor vehicle or person. 2. In response to a specific report of criminal activity, race, ethnicity, age, gender, sexual orientation, religion or economic status will not be the sole factor in determining the existence of probable cause to place in custody or arrest an individual. B. Police Contacts or detentions based solely on race, ethnicity, age, gender sexual orientation, religion or economic status or any other prejudicial basis by any member of this department is prohibited. 1. The detention of any individual or vehicle that is not based on factors related to a violation of or investigation of a potential violation of Federal Law, the New Jersey Criminal or Motor Vehicle Statutes, the violation of any other law, statute or ordinance, or any combination thereof or that is not conducted utilizing lawful and accepted police practices is prohibited. 2. No officer shall stop, detain, or search any person or vehicle when such action is motivated solely by race, ethnicity, age, gender sexual orientation, religion or economic status. 3. The decision to initiate asset seizure and forfeiture efforts will not be based solely on race, ethnicity, age, gender sexual orientation, religion or economic status. 501.2.3 AUTHORITY AND RESPONSIBILITY A. It is the responsibility of all supervisors to provide proper supervision and monitor the officers under their commands to ensure compliance with this policy. Supervisors will seek out conduct among their subordinates that is contrary to this policy and will take corrective action. Refer to Internal Affairs, SOP 620, for guidance. B. It is the responsibility of any employee witnessing behavior contrary to this policy to take immediate action to end such behavior. C. It is the responsibility of any employee who believes there is, or who is made aware of, a violation of this policy to immediately report it in writing to their supervisor. 501.2.4 COMMUNITY OUTREACH: The Internal Affairs Unit, Administrative Division will be the department's community liaison for discriminatory profiling issues. The Administrative Division will be responsible for conducting an annual administrative review of agency practices, including citizen concerns. 501.2.5 TRAINING: All department police officers will receive training concerning profiling and discriminatory practices. This training will be intended to supplement the initial cultural diversity and awareness training provided to officers in the basic training academy. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures ROLL CALL Chapter: Volume Five: 503 Law Enforcement Operations Date(s): Authority General Order #: Effective: 04-15-97 Chief Wm. Trenery 97-004 Revised: Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 12.1.4, 41.1.3 File #: 503-971 503.1 POLICY & PURPOSE: 503.1.1 POLICY: It is the policy of this department to conduct a formal Roll Call briefing of all officers assigned to Patrol operations prior to the performance of their daily activities and assignments. 503.1.2 PURPOSE: The purpose of roll calls is to accomplish a variety of objectives which are designed to adequately prepare officers at the start of their respective shifts. This formal assembly is essential in ensuring that all officers are adequately briefed at the start of their shifts, as well as ensuring that they are properly prepared to perform their respective duties. Roll call provides a means whereby personnel can be briefed with information regarding daily patrol activity, with particular attention given to unusual situations and changes in status of wanted persons, stolen vehicles, and major investigations; notifying officers and of new directives or changes in directives; and for evaluating officer readiness to assume their assignments. 503.2 PROCEDURES: 503.2.1 REPORTING FOR DUTY: All patrol officers who are scheduled for duty shall report ten (10) minutes before their assigned times to the designated assembly area for formal roll call unless assigned to respond to an emergency call. Other department members are to attend when they have a need to disseminate information relative to the patrol operation. A. SPECIAL EVENTS: Officers assigned to work special events where there is a designated Supervisor or Officer in Charge separate and apart from the duty O.I.C. shall attend a Roll Call briefing before proceeding to the event location. The assigned Supervisor or O.I.C of the special event is charged with supervisory duties relative to Roll Call, as well as for briefing officers with information relative to the event. 503.2.2 ASSEMBLY FOR ROLL CALL: Roll Call is to be conducted by the duty patrol supervisor. In the absence of the duty patrol supervisor, the roll call shall be held by the duty shift commander. Patrol officers reporting at all other times are required to report directly to the duty shift commander promptly at the beginning of their tour. Those officers reporting for roll call shall do so in full and proper uniform. Officers shall remain in the assembly area until the conclusion of the roll call or until directed to do otherwise. Officers who are reporting for duty at times when formal roll call is not being held are responsible for reporting to the duty shift commander by no later than the scheduled start of their respective tours of duty. Officers will be fully prepared to begin their shift and will be in their full and proper uniform. A. ACTIVITIES DURING ROLL CALL: It shall be the responsibility of the supervisory officer conducting the roll call to be fully prepared to carry out the roll call and inspection. The supervisory officer holding the roll call will be responsible for carrying out the following objectives, whenever appropriate to do so: 1. All officers shall be inspected for their overall appearance, making sure that each officer is complying with the standards which have been established in terms of uniform and appearance. When the supervisory officer determines that an officer is not properly attired or has problems with that officer’s general appearance, it shall be the responsibility of the supervisory officer to take corrective action. 2. The supervising officer will see that all officers have the proper equipment in their possession, and that all such equipment is properly maintained. When directed to do so, the supervisory officer will carry out specific inspections as may be directed by the Patrol Division Commander. 3. The supervisory officer will provide each officer with their respective assignments. 4. Officers shall be briefed on all new or revised directives which may have been issued. 5. Officers will be briefed on any situations which may relate to the performance of their duties. 6. Officers will be directed to check their court list for any pending cases that have been scheduled for a court appearance. 7. Officers will be directed to review and sign any outstanding rules and regulations, policies and procedures, orders, memorandums, etc. 8. Provide for a forum where all personnel can constructively discuss or question any aspect of the department’s operations. It shall be the duty of the supervisory officer to provide correct information to all personnel, and when the supervisory officer is not certain of the correct information, ensure that such information is obtained and relayed back to all affected personnel in a timely fashion. 9. When training materials are made available, the supervisory officer shall ensure that all officers, and when applicable, communications personnel, will be provided with training materials. 10. The supervisory officer will elicit from all officers as to whether they are in need of any equipment or supplies, or if they have any other problems or pending issues prior to the beginning of their shift. 11. Officers will check their mailboxes for possible correspondence and training materials, and clear same. 12. Officers will be briefed on any unusual situations which may have developed on previous shifts. 13. The supervisory officer will review the log from preceding shifts with all personnel attending roll call. 14. Communications Sergeants will brief Communications personnel as the need arises. 503.2.3 ATTENDANCE OF DETECTIVES/SPECIAL INVESTIGATORS AT ROLL CALL: Whenever practical and possible to do so, a detective/special investigator may attend roll call sessions for the purpose of briefing officers on pending investigations, providing available intelligence information, and for the purpose of soliciting information which will assist in the investigation of pending cases. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures BICYCLE PATROL Chapter: Volume Five: 506 Law Enforcement Operations Date(s): Authority General Order #: Effective: June 18, 1998 Chief Wm. Trenery 98-006 Revised: May 21, 2002 Chief Wm. Trenery 02-002 Revised: April 23, 2004 Chief Wm. Trenery 04-002 Revised: Feb. 27, 2008 Chief Wm. Trenery 08-002 Revised: Oct. 22, 2009 Chief Wm. Trenery 09-006 Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 41.1.4 File #: 506-981 506-021 506-041 506-081 506-091 506.1 POLICY & PURPOSE: 506.1.1 POLICY: It is the policy of the Woodbridge Township Police Department to establish a Bicycle Patrol Unit (BPU) to provide for Community Policing, to identify problem needs, and to enforce applicable laws. 506.1.2 PURPOSE: The purpose of this policy is to establish uniform standards for the Bicycle Patrol Unit including instructions, conditions and limitations of usage, authorization of use in various situations, qualifications and training of personnel, uniform and equipment specifications, and procedures applicable for their general usage. 506.2 PROCEDURE: 506.2.1 OBJECTIVE OF THE UNIT: The objective of the Bicycle Patrol Unit is to establish an alternative means of patrol to traditional vehicle patrol. The BPU assists the agency by increasing the department’s implementation of Community Oriented Policing. The bicycle helps eliminate the “barrier” of the patrol vehicle, thereby making officers more accessible to the public. This increased accessibility helps to open lines of communication between members of the agency and the community, which increases the overall effectiveness of the agency in meeting the needs of the citizenry. 506.2.2 QUALIFICATIONS AND TRAINING: Openings for the BPU will be posted through an agency wide announcement. To qualify for the BPU, candidates must pass a physical condition test under the Cooper Standard. This standard includes running, push-ups, sit-ups, and sit-reach. Candidates meeting the physical standard will be interviewed by the BPU Coordinator and Supervisors. Issues considered will be, but not limited to job performance, past disciplinary history, motivation, injury, and excessive use of sick time. The BPU Coordinator will make final recommendations to the Chief of Police for final approval. A. TRAINING: The BPU will provide in-service training to all unit members and alternates consisting of the following: 1. Traffic laws and department regulations. 2. Proper care and maintenance of bicycle and equipment. 3. Safe riding and patrol practices. 4. Ascending and descending steps and curbs. 5. Maneuvering and braking procedures. 6. Community Relations and Crime Prevention. 7. Monthly training ride to develop team work and update members on safety and department issues and objectives. 8. Advanced training as available through the police academy or by certified instructors. B. INSTRUCTIONS, CONDITIONS AND LIMITATIONS OF USAGE: Only personnel assigned to the BPU and who have successfully completed the requisite training are authorized to operate a bicycle and utilize any related equipment. All certified operators shall operate their bicycles in accordance with their training. The Chief of Police may permit other officers and/or civilian personnel to participate in a ride along program. 1. Inclement Weather: During periods of inclement weather, such as heavy rains, snow or ice, or severe cold, the BPU officers will utilize a patrol vehicle. The determination of inclement weather will be made by the BPU Supervisor or the BPU Coordinator. 506.2.3 UNIFORM, EQUIPMENT AND BICYCLE SPECIFICATIONS: Officers shall adhere to the following specifications concerning the BPU authorized bicycle, uniform and equipment. A. UNIFORM: 1. Summer Uniform: The summer uniform will consist of the following. a. Black collared shirt, made with a Coolmax type polyester blend, with embroidered police badge on left breast, and “Police” in 3.5 inch silver reflective letters across the back. b. Shorts: Black bicycling shorts, supplex treated with dureped. 2. Winter Uniform: The winter uniform will consist of the following. a. Black, long sleeve mock-turtleneck 100% cotton with “WPD” embroidered on the left side of the neck in 1.5 silver inch letters, to be worn under the black collared shirt. b. Black cycling pants, supplex treated with dureped. c. Jacket: Black New York zip sleeve jacket, supplex treated with dureped, with embroidered police badge on left breast, cloth name tag on right breast, and “Police” in 3.5 inch silver letters across the back. Also, Olympic zip out liner made of pre quilt down or thinsulate. 3. Other Uniform Apparel as Follows: a. Helmet: Bell Image Pro Black helmet marked with “Police” on both sides. Front of the helmet marked with “WPD”. Back of the helmet marked with badge number. b. Footwear: Black colored sneakers either low or high top. c. Gloves: Performance Pro Eagle gloves. d. Duty Gear: Bianchi Nylon Gear including gun belt, security holster, double magazine pouch, O.C. spray holder, handcuff case and radio holder. B. EQUIPMENT: The following equipment will be carried on the bicycle by BPU officers. 1. First aid supplies, including pocket mask. 2. Slim jim. 3. Summons book. 4. Various report forms. 5. Saddlebag 6. Water bottle. 7. Reflectors C. BICYCLE SPECIFICATIONS: The following specifications are required for BPU bicycles. 1. Frame: aluminum welded,18 or 20 inch 2. Fork: P-Bone aluminum 3. Front Derailer: Shimano Alvio 4. Rear Derailer: Shimano LX 5. Brakeset: Shimano Alvio 6. Bottom bracket: Shimano LX 7. Crank set: CODA 300 8. Chain: Sachs SC-40 9. Headset: Dia-Compe Ahead 10. Stem: CODA Ahead (Front Loader) 11. Handlebar: CODA performance 12. Brake levers: CODA 900M 13. Shifters: Grip shift SRT-600 14. Pedals: W11GO 949, all aluminum w/toeclips and straps 15. Cogset: Shimano 1G, 7 speed 11-28 16. Rim: Sun TL-18, 32H 17. Hubs: Acera-X 18. Spokes: DT 15 gauge 19. Nipple: DT 15 gauge 20. Tires: IRC PiranhaPzro 506.2.4 MAINTENANCE OF BICYCLE AND EQUIPMENT: BPU officers are responsible for all equipment issued to them for the bicycle patrol assignment. All equipment issued will be returned upon leaving the Unit. The bicycles will not be altered or modified, and under no circumstances will equipment be removed without the Unit Supervisor’s approval. All Bicycle officers are responsible for the maintenance and condition of their assigned bicycle, therefore, special care will be taken to ensure that detailed inspections are completed daily, to include maintenance and condition inspections of their assigned bicycle at the beginning and end of their shift. All defects or damaged equipment shall be reported to the Unit Supervisor. The daily preventative maintenance inspection will include inspecting the frame, tires, spokes, cables, light batteries, and chain and also will include cleaning the bike and ensuring it is free of dirt and excessive grease on the frame and components. 506.2.5 ASSIGNMENTS AND PATROL PROCEDURES: Officers riding bicycles must operate with extreme care as not to endanger pedestrians, other bicyclists, and motorists. BPU officers must be especially mindful for their own safety, and must remain constantly alert for special hazards such as wet conditions, potholes, manholes, drainage grates, gravel and other debris. A. SCHEDULE: BPU officers are assigned to the Special Investigation Division but will not participate in annual shift bidding as the BPU will be considered an assignment. BPU schedule will be consistent with a four day on, four day off schedule. BPU officers will work from 1400 to 0015 hours, subject to adjustment consistent with departmental needs. B. ASSIGNMENTS: BPU officers will receive assignments from the Special Investigation Division. The BPU assignments may include, but are not limited to, directed patrols to reduce crime or improve quality of life issues, community and school events such as concerts and parades, and the Woodbridge Center substation. Except for emergency situations, BPU officers are not to be reassigned from special patrols, assignments or details. When not assigned to directed patrols or details, BPU members will assume regular patrol duties and receive assignments from the Special Investigation Division Supervisor. BPU officers will be assigned a marked patrol unit equipped with a bicycle rack to facilitate transport of the bicycle to and from an assignment. C. PERSONNEL ALLOCATION: While on bicycles, BPU officers will work in pairs. When the nature of the assignment or inclement weather prevents use of the bicycle, BPU officers will be assigned to single officer patrol vehicles. BPU officers may be assigned to two officer patrol vehicles only if warranted by the assignment, i.e., prisoner transports, or contractual mandate. D. RADIO COMMUNICATIONS: Each BPU officer will be assigned a permanent call number preceded by the prefix “B” or “Bravo.” WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures AGENCY VEHICLES Chapter: Volume Five: 510 Law Enforcement Operations Date(s): Authority General Order #: File #: Effective: Nov. 20, 1997 Chief Wm. Trenery 97-015 510-971 Revised: 11-30-98 Chief Wm. Trenery 98-027 510-981 Revised: July 18, 2002 Chief Wm. Trenery 02-003 510-021 Revised: 11-10-05 Chief Wm. Trenery 05-003 510-051 Revised: 07-10-08 Chief Wm. Trenery 08-004 510-081 Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 41.3.1, 41.3.2, 41.3.3, 61.3.3, 70.1.2 510.1 POLICY & PURPOSE: 510.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to maintain all police vehicles in a safe condition and in proper working order. It shall also be the policy of the department to ensure all personnel operate all agency vehicles in a safe manner at all times. 510.1.2 PURPOSE: The purpose of this policy is to address the proper care and use of the department’s police vehicles; to include permanently mounted equipment, equipment stored in the trunk, and the daily inspection of vehicle and equipment. 510.2 VEHICLE MARKINGS & EQUIPMENT: 510.2.1 VEHICLE MARKINGS: Conspicuously marked patrol cars are readily identified as law enforcement agency vehicles from every point of view and from a long distance, even at night. Conspicuous markings increase safety, serve as a warning to potential violators, and provide citizens with a feeling of security. A. All Patrol vehicles used in routine or general patrol service will be conspicuously marked and may be equipped with the following permanently mounted equipment: 1. Exterior mounted emergency light - rooftop light bar. 2. Rotating spotlight and/or alley light and takedown lights. 3. Siren. 4. Grill mounted emergency light flashers. 5. Alternating headlamps. 6. Two-way police radio. 7. Public address system. 8. Reflective striping indicating “Woodbridge Township Police Department” and “Emergency 9-1-1" 9. Flashlight B. All unmarked vehicles used for traffic enforcement will be equipped, at a minimum, with a siren and emergency lights. 1. No officer is to utilize an unmarked vehicle for traffic enforcement unless that vehicle has an operating siren and emergency lights. 510.2.2 VEHICLE EQUIPMENT: Every attempt will be made to equip patrol vehicles in a uniform manner in regard to emergency supplies. A. The following equipment will be kept in the trunk of patrol vehicles and will be inspected by the officer assigned to that vehicle on a daily basis: 1. First Aid Kit 2. Haz-Mat Kit 3. Fire Extinguisher 4. Road Flares 5. Halogan bar 6. Rope 7. Shovel 8. Biohazard Kit B. Haz-Mat Kit Contents: 1. Three (3) disposable blankets 2. Three (3) surgical gowns 3. Three (3) plastic bags for hazardous material. 4. Three (3) vials for needle disposal. 5. One (1) pair of large rubber gloves. 6. Two (2) pairs of disposable gloves. 7. Two (2) surgical masks 8. Ten (10) anti-bacterial wipes C. First Aid Kit Contents: 1. Two (1 adult & 1 child) bag valve masks 2. Disposable latex gloves minimum of four (4) 3. Three (3) surgical masks 4. 4 X 4 Sterile dressings, minimum of eight (8) 5. Kling bandage, minimum of six (6) 6. Trauma dressing, minimum of six (6) 7. Medic shears - one (1) 8. Two (2) plastic vials for needle disposal 9. Two (2) disposable blankets 10. Three (3) eye patches 11. Cut cleaners/antimicrobial hand wipes 12. Assorted size band aids 13. One (1) Quik Clot Advanced Clotting Sponge 14. Three (3) 2” x 2” sterile gauze pads 15. One (1) ½” adhesive tape 16. One (1) 1” adhesive tape D. Biohazard Kit Contents: 1. Two (2) gas masks 2. Two (2) gas mask filters 3. Two (2) biohazard suits 4. Two (2) pairs of biohazard chemical gloves 5. One (1) roll of duct tape 6. Three (3) clear tubes 7. Three (3) red plastic biohazard bags 8. Three (3) clear face masks with shields 510.2.3 INSPECTION OF PATROL VEHICLES: At the start of each tour of duty it is the responsibility of the officer assigned to a patrol vehicle to inspect the cars emergency equipment and radio for proper operation; the vehicles exterior and interior for cleanliness and damage; and the trunk for the proper equipment. The officer is expected to check the first aid kit for proper contents and serviceability. A sealed first aid kit and/or Haz-Mat kit need not be opened for content inspection. A. Defective and/or missing equipment shall be replaced. Where replacement cannot be completed, the officer shall report this to his/her immediate supervisor. 1. Any officer who utilizes a piece of disposable equipment during his/her tour of duty, is responsible for replacing the equipment, or the officer must notify the appropriate party who is responsible for maintaining that equipment, prior to going off duty. (i.e., If supplies are unavailable, a resupply/repair request form should be completed, or a car sheet can be utilized for some equipment, such as restocking first aid kits.) B. Should the officer note any damage to the vehicle that was previously unreported he/she shall notify his/her immediate supervisor. The supervisor will instruct the officer of the action to be taken, ( i.e., white sheet reports, etc.) and will ensure that the Log for damage to vehicles (located in the shift commander’s office) is completed accordingly. 510.3 SEAT BELTS: 510.3.1 GENERAL GUIDELINES: All Department personnel shall use the seat belts installed by the vehicle manufacturer, properly adjusted and securely fastened, when operating or riding in any vehicle so equipped while on duty. Lap belts shall be properly secured in those vehicles equipped with automatic safety belt systems that require the lap portion of the belt to be manually secured. A. SEAT BELT POLICY: The driver of the vehicle is responsible for insuring compliance by all occupants of the vehicle they are operating. No employee of this department shall operate a vehicle in which the front seat belt is inoperable unless an emergency exists and no alternative vehicle is available. 1. Personnel who discover an inoperable restraint system shall report the condition to their immediate supervisor. Prompt action will be taken to replace or repair the occupant restraint system. 2. No person shall modify, remove, deactivate, or tamper with the vehicle’s seat belts except for vehicle maintenance and repair. 3. Superior officers shall ensure that all personnel under their commands are aware of all aspects of this policy and comply with them. 4. Officers that do not comply with this policy are subject to the appropriate corrective, or disciplinary action. 510.4 EMERGENCY ESCORTS 510.4.1 POLICY ON EMERGENCY ESCORTS: Motor vehicle regulations permit authorized emergency vehicles to operate emergency signaling devices and exercise certain privileges under the law, but there are no exemptions for other vehicles to follow the emergency vehicle. Thus, escorting non-emergency vehicles through traffic is prohibited except as provided in 510.4.3 and 510.4.4. 510.4.2 ESCORTING OTHER EMERGENCY VEHICLES: Emergency vehicles, particularly ambulances, shall not be escorted by officers except under special circumstances. Two emergency vehicles traveling together more than double the hazard to traffic. One exception will be to escort an emergency vehicle from the Township limits to the hospital when the driver of the emergency vehicle is not familiar with the location of the hospital. 510.4.3 ESCORTING CIVILIAN VEHICLES: Officers shall not escort civilian vehicles in medical emergencies, unless the following conditions exist: A. If an escort is necessary, the patient should be transferred to an ambulance, or in the event that an ambulance is unavailable, to the patrol vehicle for the emergency run. 1. The driver of the civilian vehicle should be directed to proceed to the emergency medical facility at normal speed in compliance with all traffic regulations. B. If in the opinion of the officer, delay or transfer would jeopardize the patient’s life the officer may, with specific approval of the patrol supervisor, escort the civilian vehicle to the nearest medical facility. 1. During such escort all emergency equipment will be utilized. The officer shall not, however, exceed the posted speed limit by more than ten (10) MPH, and shall not proceed through traffic control devices without first stopping and ensuring that both vehicles can safely proceed. 510.4.4 FUNERAL PROCESSIONS: Officers shall not escort funerals unless assigned by Communications personnel. Directing traffic for funeral processions at strategic locations can be of great value and will be assigned by Communications personnel as needed. 510.5 TOBACCO USE: 510.5.1 TOBACCO USE IN AGENCY VEHICLES: Smoking or chewing of tobacco products in any agency owned vehicle is strictly prohibited. PRISONER TRANSPORTATION IS ADDRESSED IN S.O.P. 810 WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures SPECIAL PURPOSE VEHICLES Chapter: Volume Five: Law Enforcement Operations 511 Date(s): Authority General Order #: Effective: 10-08-98 Chief Wm. Trenery 98-002 Revised: 11-30-98 Chief Wm. Trenery 98-027 Revised: 02-08-00 Chief Wm. Trenery 00-001 Revised: 02-08-02 Chief Wm. Trenery 02-001 Revised: 02-06-03 Chief Wm. Trenery 03-001 Revised: 03-22-04 Chief Wm. Trenery 04-001 Revised: 11-07-07 Chief Wm. Trenery 07-009 Revised: 07-10-08 Chief Wm. Trenery 08-004 Revised: 03-15-12 Director R. Hubner 11-003 LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 41.1.3 File #: 511-981 511-982 511-001 511-021 511-031 511-041 511-071 511-081 511-121 511.1 POLICY & PURPOSE 511.1.1 POLICY: It is the policy of the Woodbridge Township Police Department to utilize Special Purpose Vehicles to enhance the ability of the agency in achieving its overall mission. 511.1.2 PURPOSE: The purpose of this policy is to provide guidelines to officers and supervisors concerning the use and assignment of Special Purpose Vehicles. This shall include the qualifications, responsibilities, maintenance, and the training in the operation and use of special purpose vehicles. 511.2 GENERAL GUIDELINES 511.2.1 GENERAL RESPONSIBILITIES: As with regular patrol vehicles, all special purpose vehicles shall be maintained in good working order, and shall not be purposely mistreated or abused. The assigned officers shall have the vehicle checked and serviced in accordance with current policy. Personnel who utilize these vehicles shall be responsible for the proper care and maintenance of the vehicle and all equipment contained within. 511.3 SPECIAL PURPOSE VEHICLES 511.3.1 TRAFFIC SAFETY VAN: A. PURPOSE: The purpose of the Traffic Safety Van is to provide a vehicle with suitable space for carrying related traffic safety equipment and to provide a high profile type vehicle to accomplish the Traffic Safety task. B. INSTRUCTIONS, CONDITIONS & LIMITATIONS OF USAGE: Primarily this vehicle is assigned to Traffic Safety Personnel. However, in situations where equipment and/or manpower need to be transported to a single location, other personnel (including sworn personnel) may utilize this vehicle if authorized by a supervisor. This vehicle requires no special instructions/training and has no limitations other than being assigned to the Traffic Safety Function. C. MAINTENANCE: The assigned Traffic Safety personnel are responsible for the condition and maintenance of the assigned equipment, as well as the cleanliness and security of the vehicle and its contents. Any persistent problems will be directed to the Supervisor in charge of Traffic Safety via a “white sheet” report. D. OPERATOR REQUIREMENTS: Personnel operating this vehicle must possess a valid NJ driver’s license, and are bound by all Rules, Regulations, Policies and Procedures currently in effect which address the operation and usage of Departmental vehicles. E. EQUIPMENT: A list of equipment will be maintained in the glove compartment of the Traffic Safety Van, and will be updated as needed at the direction of the Operations and Planning Division Commander or his/her designee. 511.3.2 WOODBRIDGE POLICE CORVETTE: A. PURPOSE: The objective of the Woodbridge Police Corvette is to provide a high profile marked police vehicle which was seized via drug forfeiture laws, for use in public events and displays.Corvette will be marked to reflect that it is a forfeited vehicle. B. INSTRUCTIONS, CONDITIONS & LIMITATIONS OF USAGE: This vehicle requires no special instructions or training. This vehicle will only be utilized for public events with prior authorization from the Police Director or his designee. Under no circumstances will the Corvette be used for routine patrol or general enforcement activities. C. MAINTENANCE: Officers who have been authorized to utilize the Corvette are responsible for the overall condition, cleanliness, security and maintenance of the vehicle. Any persistent problems will be directed to the officer in charge of the Community Affairs Function. D. OPERATOR REQUIREMENTS: Personnel operating this vehicle must possess a valid NJ driver’s license, and are bound by all Rules, Regulations, Policies and Procedures currently in effect which address the operation and usage of Departmental vehicles. E. EQUIPMENT: The Corvette will be equipped with overhead lights. 511.3.3 SUPERVISOR’S OFF ROAD VEHICLES: A. PURPOSE: The purpose of the supervisor’s off road vehicle is to provide sworn field supervisors with the ability to operate when normal patrol vehicle use is limited (e.g., snow storms, flooding conditions, etc.). In addition, the off road vehicles will provide supervisors with the ability to access off road and limited access areas to offer police assistance and a vehicle with space to store and transport supplemental equipment to support officers in the field. B. INSTRUCTIONS, CONDITIONS & LIMITATIONS OF USAGE: Supervisor’s vehicles “S1”, “S2” and “S3” shall be utilized as the primary vehicle, when available, by road supervisors for patrol supervision. This vehicle requires no special instructions or training. C. MAINTENANCE: The supervisors utilizing the vehicles are responsible for the overall condition, cleanliness, security, and maintenance of the vehicle and its contents. D. OPERATOR REQUIREMENTS: Personnel operating this vehicle must possess a valid NJ driver’s license, and are bound by all Rules, Regulations, Policies and Procedures currently in effect which address the operation and usage of Departmental vehicles. E. EQUIPMENT: A list of equipment will be maintained in the glove compartment of “S1”, “S2” and “S3” and will be updated as needed at the direction of the Operations and Planning Division Commander and or the Radio Patrol Division Commander or his/her designee. 511.3.4 MULTI-PURPOSE VAN (37): A. PURPOSE: The purpose of the Multi-Purpose Van is to provide those officers assigned to use the Multi-Purpose Van with a means to transport items such as evidence and recovered property. Evidence Unit personnel are required to transport evidence and property from police headquarters to various State, County and Local Police facilities, testing laboratories and other sites to further the mission of the Evidence Unit. This vehicle can also be used by the Traffic Enforcement Unit (TEU), the Special Investigations Unit (SIU) and or the Special Operations Team (SOT) as needed. B. INSTRUCTIONS, CONDITIONS & LIMITATIONS OF USAGE: There are no limitations, conditions and or instructions for the use of the Van except the vehicle will only be used by those personnel assigned by the Police Director or his designee. C. MAINTENANCE: The personnel assigned to use the Van are responsible for the overall condition, cleanliness, security, and maintenance of the vehicle and its contents. Problems with the vehicle will be documented and directed to the Commander of the Operations and Planning Division or his/her designee for repair and or resupply. D. OPERATOR REQUIREMENTS: Personnel operating this vehicle must possess a valid NJ driver’s license, and are bound by all Rules, Regulations, Policies and Procedures currently in effect which address the operation and usage of Departmental vehicles. E. EQUIPMENT: A list of equipment will be maintained in the glove compartment of the Van and will be updated as needed by the Operations and Planning Division. 511.3.5 SPECIAL INVESTIGATIONS UNIT SURVEILLANCE VEHICLE: A. PURPOSE: The purpose of the Special Investigations Unit Surveillance Vehicle is to provide those officers assigned to the Special Investigations Unit (SIU) with a means to monitor criminal activity without being detected. The vehicle is used primarily as a surveillance unit but can be used to secure audio and video data that can be used to aid investigators or as evidence or crimes. B. INSTRUCTIONS, CONDITIONS & LIMITATIONS OF USAGE: The SIU Surveillance Vehicle is equipped with sophisticated equipment and systems that require familiarization and training. The members of the SIU are familiar with the vehicle and its systems through in-service familiarization sessions and manufacturers training. The use of the SIU surveillance vehicle will be limited to those who are trained and assigned to the SIU or assigned to assist the SIU on a specific detail. This unit is confidential and should not be discussed with unauthorized personnel. At no time will the SIU Surveillance Vehicle be used for routine patrol or general enforcement activities/assignments. The SIU Surveillance Van is not be used as a follow vehicle during a routine moving surveillance. C. MAINTENANCE: The personnel assigned to use the SIU are responsible for the overall condition, cleanliness, security, and maintenance of the vehicle and its contents. D. OPERATOR REQUIREMENTS: Personnel operating this vehicle must possess a valid NJ driver’s license, and are bound by all Rules, Regulations, Policies and Procedures currently in effect which address the operation and usage of Departmental vehicles. E. EQUIPMENT: A list of equipment found in the SIU Surveillance Vehicle will be maintained by the SIU and will be adjusted in accordance with the requirements of the prevailing investigation. The SIU commander or his/her designee will determine what equipment is needed. 511.3.6 SPECIAL OPERATIONS UNIT (SOU) VEHICLE (64): A. PURPOSE: The purpose of the Special Operations Unit Vehicle is to provide those officers assigned to the Special Operations Team (SOT) with a means to transport personnel and equipment to the scene of an incident that requires the SOT to supplement other agency operational components. This vehicle may also be utilized as a specific staging area for immediate and strategic tactical planning. B. INSTRUCTIONS, CONDITIONS & LIMITATIONS OF USAGE: The Special Operations Unit Vehicle will be used by those personnel assigned to the SOT or by personnel assigned by the Police Director or his designee. C. MAINTENANCE: The personnel assigned to use the SOU Vehicle are responsible for the overall condition, cleanliness, security, and maintenance of the vehicle and its contents. Problems with the vehicle will be documented and directed to the Commander of the Operations and Planning Division or his/her designee for repair and or re-supply. D. OPERATOR REQUIREMENTS: Personnel operating this vehicle must possess a valid NJ driver’s license, and are bound by all Rules, Regulations, Policies and Procedures currently in affect that address the operation and usage of Departmental vehicles. E. EQUIPMENT: A list of equipment will be maintained in the glove compartment area of the vehicle and will be updated as needed by the Operations and Planning Division. 511.3.7 TRAFFIC MAINTENANCE UTILITY TRUCK WITH PLOW (53): A. PURPOSE: The purpose of the Traffic Maintenance Utility Truck is to provide a vehicle with suitable space for carrying related traffic safety equipment and to provide a high profile type vehicle to accomplish the Traffic Safety task. B. INSTRUCTIONS, CONDITIONS & LIMITATIONS OF USAGE: Primarily personnel assigned to the Traffic Safety Section will utilize the Traffic Maintenance Utility Truck. This vehicle can be used to carry large amounts of traffic control barriers to a given location. No specialized training is needed to operate this vehicle. C. MAINTENANCE: The assigned Traffic Safety personnel are responsible for the condition and maintenance of the assigned equipment, as well as the cleanliness and security of the vehicle and its contents. Any persistent problems will be directed to the Supervisor in charge of Traffic Safety via a “white sheet” report. D. OPERATOR REQUIREMENTS: Personnel operating this vehicle must possess a valid NJ driver’s license, and are bound by all Rules, Regulations, Policies and Procedures currently in effect which address the operation and usage of Departmental vehicles. E. EQUIPMENT: A list of equipment will be maintained in the glove compartment of the Traffic Safety Truck, and will be updated as needed at the direction of the Radio Patrol Division Commander or his/her designee. 511.3.8 TRAFFIC MAINTENANCE AERIAL TRUCK (59): A. PURPOSE: The purpose of this Truck is to provide a vehicle with suitable specialized aerial equipment for the maintenance of traffic control signals and provide access to areas and or spaces up to 40 feet above grade. This vehicle will provide a high profile type vehicle to accomplish those specific Traffic Safety tasks. B. INSTRUCTIONS, CONDITIONS & LIMITATIONS OF USAGE: Primarily personnel assigned to the Traffic Safety Section will utilize this truck. The operator of this vehicle’s aerial device should have received a minimum of 2 hours familiarization/operational training for the aerial device. Only those personnel who are properly trained will operate the aerial device. C. MAINTENANCE: The assigned Traffic Safety personnel are responsible for the condition and maintenance of the assigned equipment, as well as the cleanliness and security of the vehicle and its contents. Any persistent problems will be directed to the Supervisor in charge of Traffic Safety via a “white sheet” report. D. OPERATOR REQUIREMENTS: Personnel operating this vehicle must possess a valid NJ driver’s license, and are bound by all Rules, Regulations, Policies and Procedures currently in effect which address the operation and usage of Departmental vehicles. The operator of this vehicle’s aerial device also should have received a minimum of 2 hours familiarization/operational training for the aerial device. Only those personnel who are properly trained will operate this vehicle. E. EQUIPMENT: A list of equipment will be maintained in the glove compartment of the Traffic Safety Van, and will be updated as needed at the direction of the Radio Patrol Division Commander or his/her designee. 511.3.9 TRAFFIC RADAR TRAILER: A. PURPOSE: The purpose of this vehicle is to provide a public service oriented level of traffic enforcement to the department’s traffic enforcement/accident reduction efforts. B. INSTRUCTIONS, CONDITIONS & LIMITATIONS OF USAGE: Primarily personnel assigned to the Traffic Safety Section will utilize this vehicle. They shall be responsible for the set up and safe placement of the vehicle. Primary consideration will be placement based on accident/speed analysis geared toward accident reduction. The vehicle will not be utilized when inclement weather creates hazardous road conditions. C. MAINTENANCE: The assigned Traffic Safety personnel are responsible for the condition and maintenance of the assigned equipment, as well as the cleanliness and security of the vehicle and its contents. Any persistent problems will be directed to the Supervisor in charge of Traffic Safety via a "white sheet" report. D. OPERATOR REQUIREMENTS: Personnel operating this vehicle are bound by all Rules, Regulations, Policies and Procedures currently in effect, which address the operation and usage of departmental vehicles. The operator of this vehicle will receive in-house familiarization/operational training for the device. Only those personnel who are properly trained will operate this vehicle. The vehicle when placed shall employ all appropriate locking devices. When stored at HQ the unit shall be plugged in for recharging. E. EQUIPMENT: A list of equipment will be maintained in the storage compartment and will be updated as needed at the direction of the Radio Patrol Division Commander or his/her designee. 511.3.10 TOW TRUCK (T-1): A. PURPOSE: The purpose of this vehicle is to: 1. Move and place vehicles within the police impound yard 2. Tow disabled police vehicles 3. Provide basic road service for police vehicles 4. Remove illegally parked or abandoned vehicles from all municipally owned property 5. Tow vehicles involved in criminal activity where a need exists to preserve evidence, further an investigation, or as a seizure pursuant to the forfeiture statute. Use for homicides and fatal motor vehicle accidents must be approved by the Middlesex County Prosecutor’s Office. 6. Provide towing services pursuant to inter-local agency agreements B. INSTRUCTIONS, CONDITIONS & LIMITATIONS OF USAGE: The tow yard supervisor and assigned personnel will utilize this vehicle. Only personnel who are properly trained will operate this vehicle. C. MAINTENANCE: The assigned Operations and Planning Division personnel are responsible for the condition and maintenance of the assigned equipment, as well as the cleanliness and security of the vehicle and its contents. Any persistent problems will be directed to the Supervisor in charge of Operations Support Division via a "white sheet" report. D. OPERATOR REQUIREMENTS: Personnel operating this vehicle must possess a valid NJ driver’s license, and are bound by all Rules, Regulations, Policies and Procedures currently in effect, which address the operation and usage of departmental vehicles. The operator of this vehicle will receive in-house familiarization/operational training. Only those personnel who are properly trained will operate this vehicle. E. EQUIPMENT: A list of equipment will be maintained in the glove compartment and will be updated as needed at the direction of the Operations and Planning Division Commander or his/her designee. 511.3.11 TOW YARD PICKUP TRUCK (T-2): A. PURPOSE: The purpose of this vehicle is to: 1. Provide basic road service for police vehicles 2. Assist with transporting large or bulk items for police purposes 3. Snow removal at the tow yard and police parking lot B. INSTRUCTIONS, CONDITIONS & LIMITATIONS OF USAGE: The Traffic Safety Coordinator and assigned personnel will utilize this vehicle. (Note: This vehicle is primarily housed at the Traffic Safety Coordinator’s residence, and is available 24 hours a day, seven days a week. The Traffic Safety Coordinator may be called to respond as needed). C. MAINTENANCE: The assigned Operations and Planning Division personnel are responsible for the condition and maintenance of the assigned equipment, as well as the cleanliness and security of the vehicle and its contents. Any persistent problems will be directed to the Supervisor in charge of Operations Support Division via a "white sheet" report. D. OPERATOR REQUIREMENTS: Personnel operating this vehicle must possess a valid NJ driver’s license, and are bound by all Rules, Regulations, Policies and Procedures currently in effect, which address the operation and usage of departmental vehicles. E. EQUIPMENT: A list of equipment will be maintained in the glove compartment and will be updated as needed at the direction of the Operations and Planning Division Commander or his/her designee. 511.3.12 LAW ENFORCEMENT MARINE VESSEL: A. PURPOSE: The purpose of this vessel is to enhance the security of and the emergency response capabilities to critical facilities, infrastructure and emergencies on and along the waterways of Woodbridge Township and Middlesex County. B. INSTRUCTIONS, CONDITIONS & LIMITATIONS OF USAGE: The law enforcement marine vessel is operated under a mutual agreement with the Middlesex County Prosecutor’s Office and Perth Amboy Police Department. All Woodbridge Township Police Officers assigned to the Middlesex County Marine Unit will adhere to the Perth Amboy Police Department Policy and Procedures for Law Enforcement Marine Vessel: Volume 4, Chapter 1.18. C. MAINTENANCE: All vessel maintenance will be handled by the Perth Amboy Police Department. D. OPERATOR REQUIREMENTS: Prior to selection to the marine unit, eligible officers will be required to successfully pass a pre-test which will be comprised of Cooper Standards. All Woodbridge Police Officers assigned to the Marine Unit must undergo training and successfully complete training in the following areas: 1. Police Training Commission certification for basic police officers; 2. CPR; 3. Basic First Aid; 4. New Jersey State Police Marine Law Enforcement Course to operate the marine vessel; 5. Use of all rescue equipment on board the vessel; 6. Water rescue and man overboard; 7. Basic vessel borne fire-fighting techniques, including how to utilize portable floating pumps; 8. Survival swimming; and 9. The laws applicable to waterways and boating. E. EQUIPMENT: The 28 foot, class 2 marine vessel is equipped and maintained by Perth Amboy Police Department and an equipment list is on the vessel. Woodbridge Township Police Officers assigned to the Marine Unit must maintain the following equipment in addition to all other department issued equipment and uniforms: 1. B.D.U. type pants and shirt 2. Black short sleeve collared shirt, made with a Coolmax type polyester blend, with embroidered police badge on left breast and “POLICE” in 3.5 inch silver reflective letters across the back 3. U.S.C.G. approved type III Mustang Classic Bomber Jacket (float coat) w/ reflective tape, color navy. Mustang survival model #MJ6214T1 or equivalent. Woodbridge Police patch will be sewn on both left and right sleeves. 4. Mustang Survival Auto Hyrostatic Inflatable PFD Type III navy/black in color model #MD3183LE with “POLICE” in silver reflective letters across the back. 5. Nylon gun belt 6. Safariland Raptor security holster 7. Synthetic double magazine pouch, handcuff case, and gun lanyard 8. Emergency rapid fire strobe light with auto and manual activation. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures VEHICULAR PURSUIT Chapter: Volume Five: 512 Law Enforcement Operations Date(s): Authority General Order #: Effective: April 3, 1998 Chief Wm. Trenery 98-005 Revised: 10-13-98 Chief Wm. Trenery 98-023 Revised: 02-21-06 Chief Wm. Trenery 06-003 Revised: 12-10-09 Chief Wm. Trenery 09-008 Revised: 03-22-11 Director R. Hubner 11-001 Revised: Revised: LEGAL REFERENCES: NJ Attorney General Guidelines ACCREDITATION STANDARDS REFERENCES: 41.2.2, 41.2.3, 61.3.4 File #: 512-981 512-982 512-061 512-091 512-111 512.1 POLICY & PURPOSE: 512.1.1 POLICY: It is the policy of this department to appropriately weigh a police officer's sworn duty to apprehend lawbreakers with the obligation to protect life and the public safety. To effect these obligations, this department will regulate the manner in which a vehicular pursuit is under taken and performed. 512.1.2 PURPOSE: The primary purpose of this policy is to secure a balance between the protection of the lives and safety of the public and that of the police officers, and law enforcement's duty to enforce the law and apprehend violators. Since there are numerous situations which arise in law enforcement that are unique, it is impossible for this policy or any standard operating procedure, to anticipate all possible circumstances. Therefore, this policy is intended to guide a police officer's discretion in matters of a vehicular pursuit. 512.1.3 DEFINITIONS: A. BOXING IN: The surrounding of a violator's moving vehicle with moving pursuit vehicles which are then slowed to a stop along with the violator's vehicle. B. DIVIDED HIGHWAY: A road which includes a physical barrier between traffic traveling in opposite directions. C. HEADING OFF: An attempt to terminate a pursuit by pulling ahead of, behind or toward a violator's moving vehicle to force it to the side of the road or to otherwise come to a stop. D. LAW ENFORCEMENT OFFICER: Any person sworn to uphold the laws of the State of New Jersey and who is certified by the Police Training Commission or whose training has included Pursuit/Emergency Driving and who is currently employed by a Public Safety Agency. E. STREET PARALLELING: Driving a Police Vehicle on a street parallel to a street on which a pursuit is occurring. F. VEHICLE PARALLELING: A deliberate offensive tactic by one or more Police vehicles to drive alongside the pursued vehicle while it is in motion. G. PURSUIT DRIVING: Pursuit Driving is an active attempt by a Law Enforcement Officer(s) operating a motor vehicle(s) and utilizing emergency warning lights and an audible device to apprehend one or more occupants of another moving vehicle, when the Officer reasonably believes that the driver of the fleeing vehicle is aware of the Officer's attempt to stop the vehicle and is resisting apprehension by increasing vehicle speed, ignoring the Officer(s) or otherwise attempting to elude the Officer. H. PRIMARY PURSUIT VEHICLE: The Police Vehicle that initiates a pursuit or any unit that assumes control of the pursuit as the lead vehicle (The first Police Vehicle immediately behind the fleeing suspect). I. SECONDARY PURSUIT VEHICLE: Any Police Vehicle which becomes involved as a backup to the primary Police Vehicle and follows the primary unit at a safe distance. J. ROAD BLOCK: A restriction or obstruction used or intended for the purpose of preventing free passage of motor vehicles on a roadway, in order to affect the apprehension of a violator. K. AVENUE OF ESCAPE: A gap in a road block which requires the violator to decrease the vehicle's speed to permit the violator to bypass the road block. L. BLOCKING VEHICLE: A motor vehicle, often a Law Enforcement Vehicle, which is placed perpendicular to a roadway or angled in such a way as to create a road block. M. SUPERVISOR: A Police Officer who, by virtue of rank or assignment, is responsible for the direction or supervision of the activities of other Police Officers. N. VEHICLE CONTACT ACTION: Any action undertaken by the pursuing Officer intended to result in contact between the moving Police Vehicle and the pursued vehicle. O. VIOLATOR: Any person who a Police Officer reasonably believes: 1. Has committed an offense of the first or second degree; or 2. Has committed death by auto (2C:11-5), aggravated assault (2C:12-1b), criminal restraint (2C:13-2), aggravated criminal sexual contact (2C:14-3a), arson (2C:17-1b), burglary (2C:18-2), automobile theft (2C:20-2), theft by extortion (2C:20-5), escape (2C:29-5) or manufacturing, distributing or dispensing of CDS (2C:35-5b); or 3. Poses an immediate threat to the safety of the public or other Police Officers. 512.2 PROCEDURES: 512.2.1 AUTHORIZATION TO PURSUE: A Police Officer has the authority, at all times, to attempt the stop of any person suspected of having committed any criminal offense or traffic violation. The Officer's decision to engage in a pursuit when the violator refuses to stop should always be undertaken with an awareness of the degree of risk to which the Law Enforcement Officer exposes himself/herself and others and weigh this against the need for an immediate apprehension. A. Police Officer may only pursue, when the Officer reasonably believes that the violator has 1. Committed a crime of the first or second degree; or 2. Has committed death by auto (2C:11-5), aggravated assault (2C:12-1b), criminal restraint (2C:13-2), aggravated criminal sexual contact (2C:14-3a), arson (2C:17-1b), burglary (2C:18-2), automobile theft (2C:20-2), theft by extortion (2C:20-5), escape (2C:29-5) or manufacturing, distributing or dispensing of CDS (2C:35-5b); or 3. When the Police Officer reasonably believes that the violator poses an immediate threat to the safety of the public or other Police Officers. B. Pursuit for Motor Vehicle offenses is not authorized under the above criteria unless the violator's vehicle is being operated so as to pose an immediate threat to the safety of another person. C. In the event one of the authorization requirements is satisfied, a pursuit should not be automatically undertaken. The Officer still must evaluate the circumstances by considering the following factors: 1. Likelihood of successful apprehension. 2. Whether the identity of the violator is known to the point where later apprehension is possible. 3. Degree of risk created by pursuit. 4. Volume, type, speed and direction of vehicular traffic. 5. Nature of the area: Residential, Commercial, School Zone, Open Highway, etc. 6. Population density and volume of pedestrian traffic. 7. Environmental factors such as weather and darkness. 8. Road Conditions: Construction, Poor Repair, Extreme Curves, Ice, etc. 9. Police Officer Characteristics: Driving Skills, Familiarity with Roads and Condition of Police Vehicle. 512.2.2 TERMINATION OF THE PURSUIT: The decision to abandon pursuit may be the most intelligent course of action. Officers must continually question whether the seriousness of the crime or offense justifies continuing the pursuit. An officer will not be censured when, in the officer's opinion, continued pursuit constitutes an unreasonable risk. A. A police pursuit shall be terminated under any of the following circumstances: The pursuing Officer shall terminate the pursuit given any factor set forth here: 1. If instructed to do so by a Supervisor. 2. If the Officer believes that the danger to the pursuing Officer(s) or the public out weighs the necessity for immediate apprehension of the violator. 3. If the violator's identity is established to the point where later apprehension may be accomplished and where there is no immediate threat to the safety of the public or Police Officers, or 4. If the pursued vehicle's location is no longer known or the distance between the pursuing vehicles and the violator's vehicle becomes so great that further pursuit is futile. 5. If there is a person injured during the pursuit and there are no Police or Medical Personnel able to render assistance. 6. If there is clear and unreasonable danger to the Police Officer or the public. Clear and unreasonable danger exists when the pursuit requires that the vehicle be driven at excessive speeds or in any other manner which exceeds the performance capabilities of the pursuing vehicle(s) or Police Officers involved in a pursuit. 7. If advised of any unanticipated condition, event or circumstance which substantially increases the risk to public safety inherent in the pursuit. 8. If radio communications are lost between the pursuing Police Vehicles and Police Headquarters. 512.2.3 PROCEDURES FOR THE PURSUING OFFICER: The decision to initiate and/or continue a pursuit requires weighing the need to immediately apprehend the violator against the degree of risk to which the officer and others are exposed as a result of the pursuit. Upon commencement of a pursuit, the pursuing officer will immediately activate emergency lights, audible warning device and headlights. A. Once the pursuit has been initiated, the primary unit must notify Headquarters and provide as much of the following information known: 1. Reason for the pursuit. 2. Direction of travel, designation and location of roadway. 3. Identification of the violator's vehicle: Year, Make, Model, Color, Vehicle Registration Number and other identifying characteristics. 4. Number of occupants. 5. The speed of the pursued vehicle. 6. Other information that may be helpful in terminating the pursuit or resolving the incident. B. If violator is being pursued out of Woodbridge Township the officer must immediately notify headquarters and request permission to continue. The officer may continue the pursuit until a supervisor advises that the pursuit is terminated or continued. 512.2.4 VEHICULAR PURSUIT RESTRICTIONS: A. No pursuits will be conducted in a direction opposite to the flow of traffic on a divided highway. B. No pursuits will be conducted in a Police Vehicle in which an individual who is not a Law Enforcement Officer is either the driver or a passenger. C. No more than two Police Vehicles (Primary Unit & Secondary Unit) shall become actively involved in a pursuit unless otherwise specifically directed by a Supervisor. D. An unmarked Police Vehicle will not participate in a vehicular pursuit unless it is equipped with an emergency light and audible device. The unmarked car shall relinquish Primary Unit status immediately upon the participation of a marked vehicle. E. To diminish the likelihood of a pursuit, the Police Officer intending to stop a vehicle for any violation of the law shall, when possible and without creating a threat to public safety, close the distance between the two vehicles prior to activating emergency lights and siren. Police officers shall recognize that while attempting to close the distance and prior to the initiation of a pursuit and the activation of emergency lights and audible device, they are subject to all motor vehicle laws governing the right of way. F. Throughout the course of a vehicular pursuit, pursuing Officers shall not attempt to overtake or pass the violator's moving vehicle. G. Upon approaching an intersection controlled by traffic signals or signs, or any other location at which there is a substantially increased likelihood of collision, the operator of any pursuit vehicle shall, prior to entering the intersection, reduce the vehicle's speed and control the vehicle so as to avoid collision with another vehicle or a pedestrian. The Officer shall observe that the way is clear before cautiously proceeding through the intersection. At all other times, including an attempt to close the distance prior to initiation of a pursuit, police officers shall observe the applicable laws governing the right of way at intersections and other locations. H. Officers involved in a pursuit will not engage in vehicle paralleling. I. There shall be no street paralleling along the route unless the pursuit passes through a patrol's assigned area. A Patrol Unit that is parallel-street-pursuing shall not join or interfere with a pursuit, and shall stop all pursuitrelated activity at the boundary of its assigned area. J. Boxing in or heading off a violator's moving vehicle is permitted only under extraordinary circumstances. These tactics substantially increase the risk inherent in the pursuit and shall only be employed: 1. At low speeds, AND 2. With the approval of a Supervisor, OR 3. In response to an imminent threat to the safety of the public or a Police Officer. K. Roadblocks must only be employed as a last resort in circumstances where deadly force would otherwise be justified. 1. The use of a roadblock MUST be authorized by a Supervisor. 2. At no time will a roadblock be established until all pursuing Police Vehicles are made aware of the roadblock and its location and have acknowledged this awareness. 3. Once a roadblock has been established and a vehicle or barricade has been positioned in the roadway, there shall be: a. Adequate distance to see the roadblock to allow a driver traveling at a high speed to bring his vehicle to a halt. b. An Avenue of escape. c. The police officers manning the roadblock shall be in full uniform and shall exit the police vehicle once it is placed in the blocking vehicle. No one shall be in the blocking vehicle(s). 4. Once the strategic location is chosen, the patrol vehicles should be parked at a forty-five (45) degree angle in the same direction as traffic flow, blocking the greater portion of the roadway, but leaving a narrow passage for traffic to pass through after the check. 5. The patrol vehicle shall have the emergency lights and four way flashers activated and, if time permits, flares shall be arranged to channel traffic through the blockade. 6. A vehicle running the blockade may or may not contain the person(s) being sought. It could be another person seeking to avoid questioning, an excited citizen, or an attempt to conceal a motor vehicle violation. Many factors enter into this situation and the degree of force used must be carefully evaluated. L. Officers involved in a pursuit shall not fire any weapon from or at a moving vehicle, nor engage in any vehicle contact action EXCEPT as a last resort to prevent imminent death or serious injury to the Officer or another person where deadly force would otherwise be justified. 512.2.5 ROLE OF THE SUPERVISOR: Upon being notified or becoming aware of a pursuit, the Supervisor shall decide as quickly as possible whether or not the pursuit should continue. A. The Supervisor shall permit a pursuit to continue only if: 1. There is reasonable belief that the violator has committed an offense of the first or second degree, or an offense enumerated in Appendix A of this policy, OR 2. There is a reasonable belief that the violator poses an immediate threat to safety of the public or other Police Officers. B. The Supervisor shall order a pursuit terminated at any time if he or she concludes that the danger to the pursuing Officers or the public outweighs the necessity for immediate apprehension of the violator. C. The Supervisor shall order the pursuit terminated if the suspect's identity is established to the point where later apprehension may be accomplished and where there is no immediate threat to Public Safety. D. In recognition of the overall population density and volume of vehicular traffic in this State, and the increased risk attendant to prolonged vehicular pursuits a Supervisor shall order the termination of any pursuit of protracted duration unless the supervisor determines that further pursuit is justified to respond to an immediate threat to Public Safety. E. The Supervisor shall ensure, for the duration of the pursuit, that this policy and department procedures are followed by all Officers. 512.2.6 SECONDARY UNIT’S RESPONSIBILITY: Assistance will be coordinated by the communications center under the direction of the patrol supervisor. The patrol supervisor will be advised of the identity and location of backup units who are able to assist. A. An active pursuit should not involve more than two units: The primary patrol unit and one backup unit. If more assistance is specifically requested, the amount will be determined by: 1. Nature of the offense. 2. Number of suspects involved. 3. Whether the participating units have more than one officer. 4. Other clear and articulated facts that would warrant the increased hazard. B. Only the shift commander or patrol supervisor may authorize more than two units to be in active pursuit. All other units will remain aware of the direction and progress of the pursuit but shall not actively participate, and shall not respond or parallel the pursuit on adjacent streets unless specifically authorized to do so. C. A backup unit, upon joining the pursuit shall immediately notify the communications center of its identity. If the primary unit is a one officer unit, the backup unit may assume radio communications responsibility, allowing the primary unit to devote full attention to driving. The backup unit will maintain a safe distance behind the primary unit, but be close enough to render backup assistance if and when required. D. If the primary unit becomes disabled, the backup unit will become the primary unit. The communications center will advise the Patrol Supervisor, who will assign a new backup unit. 512.2.7 ROLE OF POLICE COMMUNICATIONS: The Radio Operator shall: A. Immediately notify a Police Supervisor of a Pursuit in progress if a Supervisor has not already been otherwise notified. B. Keep the Supervisor apprised of the duration and progress of the pursuit. C. Immediately advise the Supervisor of a pursuit location which is close to the Woodbridge Township border or is apparently traveling outside of the Township border so decisions to allow the pursuit to continue or be terminated can be made in a timely manner. D. When possible, a Police Supervisor shall determine whether there is a need to assume control over and coordinate pursuit related communications. E. Once a pursuit is initiated, that channel will remain open only for pursuit transmissions, and all other non-related communications will be transmitted on the secondary channel. F. Communications Personnel will notify any other jurisdiction into which a pursuit enters, as quickly as possible. 512.2.8 REINSTATING PURSUITS: Reinstatement of any previously terminated pursuit shall be undertaken consistent with the authorization criteria for originally initiating a pursuit. 512.2.9 INTER- & INTRA JURISDICTIONAL PURSUITS: The original pursuing jurisdictions are required to provide timely notification of a pursuit in progress, to any other jurisdiction into which the pursuit enters. Notifying another jurisdiction that a pursuit is in progress is not a request to join the pursuit. The pursuing agency shall advise if assistance is necessary. Whenever pursuing officers are unfamiliar with the roadways and terrain of the jurisdiction into which the pursuit has entered, the pursuing agency shall, when possible, seek the assistance of, and be prepared to relinquish the pursuit to, the other agency. A. When an officer becomes aware of a pursuit by another jurisdiction into the Township, he/she is to immediately notify the Communications Officer. It shall then be the responsibility of the Communications Officer to notify the Supervisor. B. It will be the responsibility of the Supervisor to ensure every effort is made to determine the nature of the pursuit. C. Officers shall not actively engage in the pursuit unless directed to do so by a Supervisor. Officers shall maintain a safe distance and speed behind the pursuing vehicles. In the event the vehicles finally come to a stop, the assigned officers shall then render assistance. In the event the pursuit continues outside of this jurisdiction, officers will discontinue their role in the pursuit, unless directed to do otherwise by the Shift Commander. 512.2.10 PURSUIT REPORTING: All Law Enforcement Officers who operate Law Enforcement Vehicles in a vehicular pursuit situation shall be required to file a Middlesex County Vehicle Pursuit Report prior to the end of their tour of duty, along with a detailed Incident Report. This report is to be reviewed by the Supervising Officer as soon as possible. The Supervising Officer will review the Middlesex County Vehicle Pursuit Report and include his or her own actions and an evaluation of the pursuit. A. QUARTERLY REPORTS: A quarterly Police Pursuit Summary Report will be prepared through the Patrol Division Commander's Office for submission to the County Prosecutor. A copy of all Pursuit Incident Reports relating to pursuits occurring during the quarter shall accompany the Summary Report. B. ANNUAL REPORTS: An Annual Summary Report will also be prepared based on a compilation of data from the year's Quarterly Reports, which will contain the following information: 1. Total number of pursuits. 2. Number of pursuits resulting in accident, injury, death, and/or arrest. 3. The number and type of vehicles involved in accidents. (e.g., Police, Violator Third Party) 4. A description of individuals injured and/or killed. (e.g., Police, Violator, Third Party) 5. The number of violators involved and arrested in pursuit incidents, including passengers. C. Any accident or injury occurring during a vehicular pursuit must be reported no later than the following working day to the Duty Officer of the Middlesex County Prosecutor's Office Fatal Accident Investigation Unit. Any fatal or serious motor vehicle accident occurring during a pursuit or otherwise, must be reported in accordance with existing Fatal Accident Investigation Policy. Immediate notification must be made to the Duty Office of the Prosecutor's Office Fatal Accident Investigation Unit. 512.2.11 VEHICULAR PURSUIT REVIEW: Pursuit incidents shall be reviewed for compliance with applicable Department Policy and Operating Procedure by the Designated Supervisor. Pursuit incidents will be reviewed not only to determine consistency with Department Policy, but also to identify the need for remedial training of individual Officers or specific areas of emphasis in Agency-Wide training regarding pursuit situations. The investigation shall determine whether the collision, if applicable, could have been prevented. The review shall include all related reports and MVR tapes. 512.2.12 TRAINING: All Officers shall attend initial "Pursuit Training". All Officers shall also receive in-service Vehicular Pursuit Training twice annually. This in-service training shall be held simultaneously with the Use of Force training which is provided in the Firearms Re-Qualification process. Vehicular Pursuit Training shall consist of knowledge of applicable statutes, familiarization with state wide Police Pursuit policy and Departmental Procedures and decision making skills. A. COMMUNICATIONS PERSONNEL: All Police Department Communications Personnel (Dispatchers) who are not subject to training in accordance with Subsection 12.2 shall receive initial training and thereafter shall receive Refresher Training annually. Communications Personnel training shall consist of familiarization with statewide Police Pursuit Policy, Departmental Procedures and the role of communications in a pursuit. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures RESPONSE TO CALLS Chapter: Volume Five: 513 Law Enforcement Operations Date(s): Authority General Order #: Effective: April 3, 1998 Chief Wm. Trenery 98-005 Revised: Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 41.2.1 File #: 513-981 513.1 POLICY & PURPOSE: 513.1.1 POLICY: It is the policy of the Woodbridge Township Police Department to evaluate the urgency requiring police response to any given situation and to respond accordingly to the call in an effective and expeditious manner. As a general rule, no matter how urgent the response, officers are expected to operate their vehicles in a safe and controlled manner at all times, while taking into consideration the characteristics of the roadway and weather conditions. It is an officer's first priority of call response to arrive safely at the call, thus allowing the officer to deal with the emergency at hand. 513.1.2 PURPOSE: The primary purpose of this policy is to provide sworn personnel with clear guidelines as to how to respond to calls for service and fit them into the different categories of police responses. All officers are to ensure all emergency vehicle operations are in strict accordance with existing statutes. Officers engaged in emergency vehicle operations shall utilize both audible (siren) and visual (emergency lights) emergency warning equipment while engaged in a police pursuit, overtaking a vehicle, while responding to calls for emergency assistance, or where an officer is effecting a motor vehicle stop. The manner in which officers respond to calls for service must vary according to the nature and severity of the call. This is necessary to ensure the maximum safety to the general public and to the officers themselves. Types of calls are generally classified into one of three categories: (1) Routine; (2) Urgent or Immediate; and (3) Emergency. The need for the type of response is determined by a number of different factors, and many times is based upon the information obtained upon the initial receipt of the call for service. None of these procedures will preclude the possibility of circumstances which will alter normal and expected reactions. Response to any type of call requires an officer to utilize the shortest and safest route of travel. The following procedures are to provide guidelines for the evaluation of, the urgency of a police response, to a given situation. While these procedures are designed to guide officers in the manner in which they will respond to a call, they also serve as a guide for the dispatcher when assigning calls and assessing response priorities. 513.2 PROCEDURES: 513.2.1 EMERGENCY VEHICLE OPERATIONS: All personnel operating departmental vehicles shall exercise due regard for the safety of all persons. No assignment shall be of such importance, and no task shall be expedited with such emphasis, that the principles of safety become secondary. There are no tasks in the department of such importance that they justify the reckless disregard of the safety of innocent persons. A. ACCOUNTABILITY: All departmental personnel will be held strictly accountable, for the consequences of their negligent disregard, for the safety of others. 513.2.2 EMERGENCY CALLS - CODE THREE RESPONSE: Emergency calls are those which require immediate response from the department. They are critical in nature and will usually involve situations where there is actual danger of serious injury or death. A. MODE OF RESPONSE: Officers responding to Emergency calls will use both emergency lights and siren, except when doing so would eliminate the element of surprise, desired when responding to certain types of crimes in progress. Officers will adhere to the law as it pertains to the operation of emergency vehicles. Officers must bear in mind that during the response, they have a responsibility, to the public, to ensure that their actions do not create a greater public hazard, than is represented by the nature of the situation to which they are responding. B. EMERGENCY CALL CONDITIONS: Conditions that will define an Emergency/Code Three Response are: 1. Any imminent threat to life or danger of serious physical injury or major property damage; 2. Any ongoing crime that involves violence (including domestic violence calls which are in progress) and may result in injury; 3. Any serious crime that has just occurred and there is reason to believe that the suspect is still in the area; 4. Any incident that involves exigent or unique circumstances that demands an immediate police response; 5. An officer in trouble call or any request from an officer for an emergency response. C. EXAMPLES OF EMERGENCY CALLS: Some examples of Emergency calls would include: a shooting or stabbing; motor vehicle accidents involving serious personal injury; life threatening need for medical assistance; bank or armed robberies in progress; burglaries in progress; serious crimes in progress; subject(s) with a gun or other deadly weapon; a bombing, explosion, major fire, or building collapse; and hostage situations. 513.2.3 URGENT/IMMEDIATE CALLS - CODE TWO RESPONSES: Urgent/Immediate calls are those which require a direct response on the part of an officer, but are not so critical that they could be termed emergencies -- an officer's presence is needed at the scene but the need does not warrant excessive speed. An Urgent/Code Two Response is accomplished by responding directly to an assignment without unnecessary delay, usually traveling at moderate as opposed to quicker speeds. The response should be made by the closest unit(s) in a quick but safe manner. Units responding to Urgent Calls should be attentive to their radios as the situation may quickly change to a more or less serious incident, thereby allowing the officer to adjust his response accordingly. A. URGENT CALL CONDITIONS: Conditions that will define an Urgent/Code Two Response are: 1. Any incident that does not represent a significant threat to life and property or a crime that has occurred without injury and the suspect has fled the area. 2. An in-progress incident that could be classified as a possible offense or civil dispute. 3. Any incident that represents a significant hazard to the flow of traffic. 4. Any incident that requires a prompt, non-emergency response. 5. An officer's call for non-emergency assistance (i.e., request for a back-up unit; potential for, but not a present problem). B. EXAMPLES OF URGENT CALLS: Some examples of Urgent calls are: domestic/family problems, (unless an assault is in progress, and then it should be treated as an emergency) property damage motor vehicle accidents, non-life threatening medical aids, and any other call which requires an immediate response from the police. C. MODE OF RESPONSE: All officers must remain aware of the statutory limits placed on the operation of the a patrol vehicle when emergency lights and sirens are not in use. 513.2.4 ROUTINE CALLS - CODE ONE RESPONSE: Routine calls are those which require police response for the purpose of taking some form of action, but which do not require immediate arrival since the situation will probably not deteriorate to critical status due to the time period of that arrival. The majority of calls for police service will be of this type, and they will usually require that one officer be initially assigned, unless the dispatcher and/or the patrol supervisor feels it is necessary, for safety purposes, to assign more than one. A. MODE OF RESPONSE: A Routine/Code One Response involves no emergency lights or sirens. It is a normal traffic speed response, where all traffic laws are obeyed. Routine responses include: 1. A call for general assistance. 2. To investigate an incident which may have occurred in the past. 3. Other incidents of a minor nature. 4. Providing non-emergency assistance to other agencies. B. EXAMPLES OF ROUTINE CALLS: Some examples of Routine calls would be: a report of a past break in and entry; loud groups or parties; animal complaints; larceny or stolen car reports; transport assistance (bank deposit); assisting a motor vehicle lockout, and any other call which can be termed routine in nature. 513.2.5 RESPONSE TO OFFICER INITIATED CALLS: Any units responding to an officer initiated call for assistance (such as an officer in trouble) shall notify the dispatcher that they are responding and shall indicate from where they are responding. Units will continue their response at the direction of the duty Supervisor and/or the police dispatcher. All units will closely monitor their radios, in the event that the situation changes (such as when an officer in trouble call is downgraded to a back-up request), so that their response can be modified accordingly. A. SUPERVISORY RESPONSIBILITY: The patrol supervisor is responsible for monitoring, controlling and directing the number of patrol units responding to these types of calls for assistance. 513.2.6 REPORTING ON THE STATUS OF THE CALL: The first unit to arrive at the scene will report the current situation so that other units may adjust their response accordingly. Any units called off, by either the dispatcher and/or a supervisor will immediately discontinue any emergency operation and resume their normal patrol assignments. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures MISSING AND UNIDENTIFIED ADULTS Chapter: Volume Five: 514 Law Enforcement Operations Date(s): Authority General Order #: File #: Effective: 03-22-04 Chief Wm. Trenery 04-001 514-041 Revised: 02-20-07 Chief Wm. Trenery 07-002 514-071 Revised: 06-05-07 Chief Wm. Trenery 07-004 514-072 Revised: 11-07-07 Chief Wm. Trenery 07-009 514-073 Revised: 07-10-08 Chief Wm. Trenery 08-004 514-081 Revised: 10-08-10 Chief Wm. Trenery 10-005 514-101 Revised: LEGAL REFERENCES: Attorney General’s Guideline on Missing or Unidentified Persons MCPO Missing Person Policy 32 ACCREDITATION STANDARDS REFERENCES: 41.2.5 41.2.6 514.1 POLICY & PURPOSE: 514.1.1 POLICY STATEMENT: It shall be the policy of this agency to thoroughly investigate all reports of missing adult. Additionally, this agency holds that every adult reported as missing will be considered at risk until significant information to the contrary is confirmed. Jurisdictional conflicts are to be avoided when an adult is reported missing. If a missing adult resides in this jurisdiction, regardless of where the adult was last seen, this agency will immediately initiate the required reporting process. If a missing adult resides elsewhere, but was last seen in this jurisdiction, this agency will immediately provide any required assistance to the appropriate investigating agency. Furthermore, officers will assist and care for any located adults who appear confused or disoriented, are unidentified or are otherwise in need of assistance. All investigative tools will be utilized to locate, identify, and assist lost, missing or unidentified persons. 514.1.2 PURPOSE: The purpose of this policy is to establish guidelines and responsibilities regarding this agency’s response to reports of missing and unidentified adults. 514.1.3 DEFINITIONS: A. MISSING ADULT: includes a person who is 18 years of age or older and whose absence is contrary to his or her normal patterns of behavior and may be due to one or more of the unusual circumstances listed below. B. UNUSUAL CIRCUMSTANCE: Refers to an adult that is missing and is believed to be one or more of the items listed below: 1. Out of the zone of safety for his or her age, developmental stage, and physical condition. In the case of an elderly person of diminished physical and/or mental health, the zone of safety might include the close proximity and availability of a caregiver familiar with that individual’s condition and needs. 2. Mentally diminished. If the adult is developmentally disabled or emotionally disturbed, he or she may have difficulty communicating with others about needs, identity, or address. The disability places the adult in danger of exploitation or other harm. 3. Drug dependent, including both prescription and illicit substances. Any drug dependency puts the missing adult at risk. The diabetic or epileptic adult requires regular medication or his or her condition may become critical. The illicit drug abuser, on the other hand, may resort to crime or become the victim of exploitation. 4. A potential victim of foul play or sexual exploitation. Significant risk to the person can be assumed if investigation indicates a possible abduction, violence at the scene of an abduction, or signs of sexual abuse. 5. In a life-threatening situation. The environment in which the person is missing may be particularly hazardous. Examples of a dangerous environment could be an all-night truck stop for a teenager, or simply an outdoor environment in inclement weather for an elderly missing person. 6. Absent from home for more than 24 hours before being reported to law enforcement as missing. While some persons may incorrectly assume that 24 hours must pass before law enforcement will accept a missing-person case, a delay in reporting might also indicate the existence of neglect or abuse within the family. 7. Believed to be with others who could endanger his or her welfare. A missing person in such circumstances is in danger not only of sexual exploitation, but involvement in criminal activity such as burglary, shoplifting, and robbery. 8. Is absent under circumstances inconsistent with established patterns of behavior. Most adults, to some degree, have an established routine that is reasonably predictable. Significant, unexplained deviations from that routine increase the probability of risk to the person. 9. Whose disappearance involves circumstances that would cause a reasonable person to conclude that the person should be considered at risk. C. LONG TERM MISSING PERSON: Any person that has remained the subject of a missing person investigation for over thirty (30) days. D. FAMILY REFERENCE SAMPLE COLLECTION KIT: A standardized collection kit that provides a safe and effective, noninvasive means for obtaining DNA reference samples from appropriate family members of a missing person. Family reference samples are entered into the FBI’s Missing Persons DNA Database Program for comparative purposes. E. PERSONAL/DIRECT REFERENCE SAMPLE EVIDENCE REGISTRATION FORM: Evidence submission form to be utilized when sending personal samples from the missing person to the National Missing Persons Program for DNA profile analysis and subsequent upload into the FBI’s Missing Persons DNA Database Program. 514.2 MISSING ADULT PROCEDURES: 514.2.1 ACTIONS UPON DETERMINATION OF UNUSUAL CIRCUMSTANCES: If it is determined that unusual circumstances are involved in the report of a missing adult, the adult will be considered at risk, and an expanded investigation, including the use of all appropriate resources, will immediately commence. While all missing adult incidents should be investigated thoroughly, those involving unusual circumstances indicate a heightened likelihood of risk to the adult and, therefore, require an intensive response. A. MIDDLESEX ALERT PROGRAM: The Middlesex County Prosecutor’s Office operates a community notification function similar to an Amber Alert. The Middlesex Alert Program (MAP) is intended for missing persons cases that do not rise to the level of an Amber Alert. 1. MAP ACTIVATION: For all Missing Persons investigations in which Unusual Circumstances, as defined in 514.1.3, exist, the investigating officer or investigating detective will notify Middlesex County Sherriff’s Communications to request the activation of the MAP system. The following information that can be included in the MAP activation: a. Victim name b. Victim description c. Point/time last seen-where and how long missing d. Victim may need medical attention (specific information cannot be released) e. Who victim may be with f. Victim may have been abducted or victim of violent crime g. Other relevant risk factors B. SILVER ALERT: The statewide Silver Alert program is a voluntary, cooperative program between the law enforcement community and the broadcast media. The program sends an emergency alert to the public for a missing person, regardless of age, who is suffering from dementia or other cognitive impairment and is believed to be in danger of death or serious bodily injury. 1. SILVER ALERT CRITERIA: The following criteria must be met before an activation can occur: a. The missing person is believed to be suffering from dementia or other cognitive impairment, regardless of age. b. A missing person’s report must be submitted to the police department where the subject went missing. c. The missing person is believed to be in danger of death or serious bodily injury. d. There must be sufficient information available to believe that a Silver Alert would assist in locating the missing person. 2. ACTIVATION: The reporting officer will obtain all missing person report information, including the information concerning the cognitive impairment. A detective will immediately be assigned the investigation. The assigned detective will then contact the New Jersey State Police Regional Operations Intelligence Center at 609-963-6900 extension 1 to request activation of a Silver Alert. All relevant information will be relayed to the State Police who will determine if the criteria has been met. 3. DEACTIVATION: The investigating detective will re-contact the New Jersey State Police and request that the alert be cancelled. 514.2.2 CALL-TAKER AND COMMUNICATIONS OFFICER RESPONSIBILITIES: Communications personnel receiving the report of a missing adult shall be responsible for the following: A. Determining if circumstances of the report meet the definition of a missing adult as set forth in 514.1.3. By questioning the caller about the circumstances of the report, the call-taker can make a preliminary assessment about the level of risk to the missing adult. This assessment shall also prepare the call-taker to promptly activate additional response protocols if needed. B. Dispatching, in an immediate manner, an officer to the scene of the report. The officer who routinely patrols the vicinity of the report is best suited to handle the first response since he or she should be familiar with the area and is likely to have knowledge of unusual activities, suspicious persons, known offenders, and other neighborhood dynamics. C. Notifying a supervisor. Because of the complexity of some missing-adult cases, especially those that may require the immediate mobilization of investigative resources, a supervisor shall be notified whenever officers respond to a missing adult report. D. Transmitting the appropriate radio alerts and other notifications. A critical responsibility of the call-taker is to obtain sufficient information from the reporting party to broadcast a radio message that alerts other officers, and other agencies via SPEN, if necessary, about the circumstances of the adult’s disappearance. Information should include the adult’s height, weight, hair and eye color, and clothing, as well as the location where the adult was last seen. Most importantly the radio alert should contain any information known about a possible abductor with special emphasis on the description of the suspect and vehicle used as well as direction of travel. E. Searching agency records for related information. It is essential for responding officers to know if the adult or family has been the subject of previous reports that might have a bearing on this incident. If possible, records should also be reviewed to learn if any incidents have been reported in the area that might have investigative value in this case. Complaints such as attempted abductions, prowlers, public lewdness, and suspicious persons will be of particular interest. Access should also be made to the Sex Offender Registration list to determine if individuals designated as sexual predators reside, work, or might otherwise be associated with the area. 514.2.3 FIRST RESPONDING OFFICER’S RESPONSIBILITIES: The first responding officer(s) assigned to the report of a missing adult shall be responsible for: A. Responding, in a prompt manner, to the scene of the report. Even if the assigned officer has been provided with initial information such as the missing adult’s description and other facts about the incident, it would be inappropriate to delay response to conduct a random search by doing things such as circling through parks, checking playgrounds, or stopping suspicious individuals. Unless performed in an immediate response to the missing adult’s safety, other patrol units may handle these activities. B. Interviewing parent(s) or person who made the initial report. The purpose of this interview is to gain an insight into the circumstances surrounding the disappearance and other information needed to conduct an initial assessment of the case. C. Obtaining a description of the missing adult including photograph(s) and videotapes. The collection of information about the missing adult, including race, height, weight, hair and eye color, clothing, and other noteworthy features, should be done promptly and relayed to other officers who may be assisting in the investigation. Several recent photographs and/or videotape, if available, should be secured. D. Verifying that the adult is in fact missing. First responders should never assume that searches conducted by distraught parents or others have been performed in a thorough manner. Another check of the house and grounds shall be made that includes places where an adult could be trapped, asleep, or hiding. A preliminary search of the home should be conducted even if the missing adult was last seen elsewhere. E. Identifying the circumstances of the disappearance. First responders need to ascertain whether the circumstances surrounding the adult’s disappearance are such that a heightened level of response is warranted. If “unusual circumstances” exist, as defined in 514.1.3b, then the decision to employ additional response methods is clear. In other situations where the circumstances are not clear, officers should keep the missing adult’s safety in mind and act accordingly. F. Determining when, where, and by whom the missing adult was last seen. This information is needed to determine factors such as abduction time frame, windows of opportunity, and verification of previously received information. Comparison of information gathered from the reporting party, witness, and other sources may prove vital to case direction. G. Interviewing the individual(s) who last had contact with the missing adult. Effective questioning of those individuals who last saw or spoke with a missing adult is crucial in the case assessment process. While seeking information about the adult’s appearance, demeanor, and actions, officers also should be alert to contradictions or evasiveness by the witness, especially if these statements cannot be readily substantiated. H. Identifying the adult’s zone of safety for his or her age, developmental stage, and physical and mental state. Responding officers should attempt to determine how far a missing adult could travel from the location where last seen before he or she would most likely be at risk of injury or exploitation. This perimeter should, under many circumstances, define the first search zone. I. Making an initial determination of the type of incident. By employing all available assessment tools (i.e., completion of the Investigation Report; interviews with parents, other family members, and friends; statements of witnesses; and search of scene) an officer should be able to reach a preliminary determination regarding the type of case and the need for additional resources. Officers must be cautious in “labeling” or classifying a missing adult case, since the classification process shall affect the way in which initial information or evidence is gathered. Even if first indications suggest a “less urgent” incident, officers should consider all possibilities until the case category is clearly determined. J. Obtaining a description of the suspected abductor(s) and other pertinent information. Officers need to immediately record witness information, not only for general investigative use but also before witnesses forget or K. L. M. N. O. P. Q. R. speak to others who may confuse or make suggestions about what was actually observed. If the abduction scene involves a business or other public place, officers may be able to supplement witness information with video from security cameras that might provide crucial information about the suspect, vehicles, and circumstances. In the case of a suspected family abduction, the reporting party may have photographs of the abductor or other valuable information. Notifying Criminal Investigation Division Personnel. The on-call duty detective shall be notified if no CID personnel are on duty. Completing the NCIC Missing Person Report for NCIC Entry, determining the correct NCIC Missing Person File category and ensuring that a notification is promptly transmitted. There are 6 categories within the Missing Person File. They are disability, endangered, involuntary, juvenile, catastrophe, and other. Quickly entering this information into NCIC will increase the possibility of identifying a missing person coincidentally stopped or observed by law enforcement personnel not yet aware of the incident at hand. The circumstances of the disappearance should govern category selection. Providing detailed descriptive information to headquarters for broadcast updates. As information becomes available regarding the missing adult’s physical appearance, circumstances of the case, or description of the potential abductor, the initial officer should ensure that other officers and agencies are provided with up-to-date facts. Identifying and interviewing everyone at the scene. The name, address, home and work telephone numbers of everyone present at the scene, along with his or her relationship to the missing adult, should be recorded. By interviewing each person privately, officers may be able to uncover information that will be instrumental in resolution of the case. Conducting a thorough search of the scene. With the assistance of additional personnel, a systematic, thorough search of the incident scene should be conducted. If appropriate, officers should obtain written permission to search houses, apartments, outbuildings, vehicles, and other property that might hold information about the adult’s disappearance. Officers are again reminded to conduct a thorough, immediate search of the adult’s home and property - even if the disappearance supposedly took place elsewhere. When possible officers should also search a missing adult’s computer or electronic messaging systems to which the adult has access. Securing and safeguarding the area as a potential crime scene. First responders must take control of the immediate area where the incident occurred and establish an appropriate perimeter to avoid destruction of vital evidence. In addition to external crime scenes, the missing adult’s home, and particularly his or her bedroom, should be secured and protected until evidence and identification material such as hair, fingerprints, and bite marks are collected. Recording if the adult has access to an online computer, cellular telephone, and/or pager. Before making an initial decision, an officer should determine if the adult may have left to meet someone he or she encountered while online. Preparing the Investigation Report and other appropriate forms. Information gathered by the first responding officer(s) may be instrumental in the eventual case resolution. To record this important information, officers should prepare a chronological account of their involvement and actions in the case from time of assignment to the point of dismissal. Reports should include everything, not just those events that seem to have a direct bearing on the case. 514.2.4 SUPERVISOR’S RESPONSIBILITIES: The supervisor assigned to the report of a missing adult shall be responsible for: A. Obtaining a briefing from the first responder(s) and other agency personnel at the scene. This briefing allows the supervisor to determine the scope and complexity of the case and develop an appropriate response. The briefing should be conducted away from family, friends, or any other individuals who may be present. Doing so will allow officers to speak freely about the events that have transpired and pass along initial impressions and opinions that might be misconstrued by others. B. Determining if additional personnel and resources are needed to assist in the investigation. Depending upon the situation, a supervisor may determine that additional personnel, including specialized units, should be called to the scene or otherwise assist in the investigation. Certain cases may also require that the supervisor activate existing interagency response protocols. C. Establishing a command post, if needed. A command post is a field headquarters for scene management. It is used as a center for organizing personnel and directing investigative efforts as well as a focal point for inquires, intelligence gathering, and media contacts. As a general rule the command post should be close enough to the center of activity to facilitate control and coordination, but sufficiently apart to allow a free exchange of ideas among responders. Using the victim’s home as a command post is not recommended. D. Organizing and coordinating search efforts. Systematic searches are common features of missing adult investigations. A supervisor should appoint a search operation coordinator who can oversee the search effort while the supervisor remains available to manage the entire investigation. Outside resources available to assist in the search include the following: 1. Available K-9 units from County or Municipal departments to assist with a ground search. 2. New Jersey State Police to assist with an air search. 3. United States Coast Guard to assist with air and sea searches. 4. Township first aid squads, fire departments and auxiliary police to provide manpower to assist with large scale-ground searches. E. Ensuring that all required notifications have been made. Because dissemination of information is an integral part of the search for a missing adult, the supervisor should ensure that all officers, other departments and agencies, and all investigative networks are supplied with accurate details. For all unusual circumstance missing adults the Middlesex County Sheriff’s Department Missing Persons Unit shall be contacted telephonically at (732) 7454000 or (732) 745-3801 Monday through Friday, or (732) 745-3271 all other times. F. Establishing a liaison with the victim family. Families of a missing adult will experience extreme stress. Supervisors should establish a liaison with the victim’s family to explain what investigative actions are being employed and what they can do to assist in the search. G. Confirming that all agency policies and procedures are observed. In addition to providing the innovative direction required during a missing adult investigation, a supervisor must also ensure that all departmental policies and procedures are adhered to. H. Managing media relations. Many missing adult investigations, especially those involving large-scale search efforts, are likely to draw media attention. Supervisors are responsible for notification of the Public Information Officer, if needed. 514.2.5 DETECTIVE/INVESTIGATOR’S RESPONSIBILITIES: Control over all ongoing Missing Adult investigations rests with the Juvenile Aid Bureau. The detective(s) assigned to the report of a missing adult shall be responsible for: A. Obtaining a briefing from agency personnel at the scene. This briefing should be conducted prior to interviews with family members of the missing adult or witnesses who may have been identified during the initial stage of the case. Its objective is to assist the investigator in formulating an effective interview strategy. B. Verifying the accuracy of all descriptive information. The verification process should include all details developed during the preliminary investigation. During the interview process the investigator should be alert to facts or statements that conflict with those gathered by the first responder. C. Conducting a neighborhood investigation, if needed. A thorough canvass of the neighborhood should be conducted without delay. The objective is to identify and interview all persons within the abduction zone who may be able to provide information related to the incident. A record should also be made of all vehicles parked within the neighborhood and any other conditions that may have future investigative value. Access should also be made to the Sex Offender Registration list to determine if individuals designated as sexual predators reside, work, or might otherwise be associated with the area. D. Obtaining a brief history of recent family dynamics. Information about family dynamics, obtained from family members, neighbors, teachers, classmates, employers, coworkers, and witnesses, can offer valuable insights into what may have happened to the missing adult and where he or she may be found. Records of family contact maintained by law-enforcement agencies, social service departments, schools, and other organizations should also be obtained and evaluated. E. Exploring the basis for conflicting information. When preliminary investigative steps have been taken, investigators should “compare notes” with the first responder, fellow investigators, and other agency personnel to identify and work through conflicting information. This collaborative evaluation will provide the investigative staff with a solid foundation upon which to structure future case directions. F. Evaluating the need for additional resources and specialized services. The complexity of many missing adult incidents may necessitate the use of resources and services both from within the agency and from other organizations as well. Investigators should be aware of the input that can be obtained from resources such as the FBI, NCIC, New Jersey State Police, and National Center for Missing and Exploited Children. G. Completing a TRAK bulletin and transmitting it as required. The TRAK system is a series of computers provided to every law enforcement agency in the State of New Jersey. All Juvenile Aid Bureau detectives have been trained and will provide assistance in developing and disseminating the TRAK bulletin. 514.3 FOLLOW UP RESPONSIBILITIES 514.3.1 FOLLOW-UP NOTIFICATIONS: The assigned detective is responsible for, as needed: A. Notifying the Middlesex County Sheriff’s Department: In all cases where a reported missing adult has not been located within 48 hours, the Middlesex County Sheriff’s Department Missing Persons Unit shall be contacted telephonically at (732) 745-4000 or (732) 745-3801 Monday through Friday, or (732) 745-3271 all other times. B. Completing an NCIC Missing Person File Data Collection Entry Guide. NCIC requires completion of the Data Collection Entry Guide for all cases where the adult has gone missing for 20 days or more. This guide will provide additional information for the NCIC Record Entry Update. The information collected must be updated in the NCIC system no later than 30 days after the adult has gone missing. C. Follow-up Contact with the Reporting Person: During the course of the investigation, the assigned detective is responsible for maintaining contact with the reporting person. Additional information may be gathered at this time. 514.4 RECOVERY OR RETURN OF A MISSING ADULT 514.4.1 RECOVERY OR RETURN: An officer assigned to the recovery or return of a missing adult shall be responsible for: A. Verifying that the located adult is, in fact, the reported missing adult. An officer shall personally verify any report of a returned or recovered adult. The benefits of this practice include assessing the adult’s safety, gaining intelligence about possible predators, and helping to prevent future episodes. B. Informing the located person that he or she is the subject of a missing-person investigation. If the located person is a competent adult, the officer shall determine the person’s willingness for law enforcement to reveal his or her whereabouts. To the extent possible, a person’s desire to remain hidden shall be honored. C. Notifying the initial reporting person(s) of the well-being and, if permissible, the whereabouts and contact information of the person who has been located. D. Arranging, in the case of a missing or abducted person who has been located, for intervention services, if indicated. During the verification process, officers should be alert for indications that additional services may be needed before the adult can be safely reunited with his or her family. These services may include mental and/or physical health examinations and arrangements for family counseling. E. Completing the appropriate supplemental reports and canceling all outstanding notifications. Along with cancellation of the NCIC Missing Person File entry and other notifications regarding the case, a Supplemental Investigation Report shall be completed that describes the adult’s activities while missing and circumstances of the recovery/return. 514.5 UNIDENTIFIED ADULTS 514.5.1 PROCEDURES: An officer or detective assigned to the report of an unidentified adult, whether living or deceased, who appears to be an adult, shall be responsible for: A. Obtaining a complete description, completing an NCIC Unidentified Person File Worksheet and ensuring that a notification is promptly transmitted. Officers who are assigned to this task shall capture the information on an NCIC Unidentified Person File Worksheet and immediately forward it Communications Personnel for entry into the NCIC Unidentified Persons File. This file is compared daily with the contents of the NCIC Missing Person Files. Entries with common characteristics are flagged and both agencies are informed. B. Notification of supervisory and investigative personnel. The first responding officer will notify a supervisor and CID on all unidentified adult reports. Middlesex County Prosecutor’s office shall be immediately notified of any deceased unidentified adult. C. Provide assistance to the unidentified adult. Medical or other needed assistance should be made immediately available to the unidentified adult. Information obtained from these contacts should be recorded. D. Preparing the Investigation Report and other appropriate forms. Information gathered by the first responding officer(s) may be instrumental in the eventual case resolution. To record this important information, officers should prepare a chronological account of their involvement and actions in the case from time of assignment to the point of dismissal. Reports should include everything, not just those events that seem to have a direct bearing on the case. E. Criminal Investigation Division follow-up. All unidentified adult cases that cannot be resolved by the assigned patrol officer will be assigned to CID for follow-up investigation. F. Canceling all notifications after identification is confirmed. When an unidentified adult is identified, the investigating officer will complete a Supplemental Investigation Report and ensure that the NCIC Unidentified Persons File Entry and any other notifications regarding the case are cancelled. 514.6 DNA INITIATIVE 514.6.1 DNA INITIATIVE: The New Jersey State Police Missing Persons Unit, in order to meet the requirements set forth in the President’s DNA Initiative, National Missing Persons Program has initiated the “Long Term Missing DNA Identification Project”. This Project, also referred to as “Patricia’s Law”, requires the initiating law enforcement agency of a long term missing person investigation (over thirty days) to attempt to obtain DNA samples from biological family members. DNA samples to be collected will be exemplars from the missing or unidentified person when possible and / or reference samples from biological family members. These samples will be forwarded to the University of North Texas Health Science Center for analysis and creation of a DNA profile. Samples collected (buccal swabs) from biological family members will always be obtained via law enforcement personnel with signed consent from the donor. Detailed consent forms are included as part of each collection kit. Further the aforementioned DNA profiles are removed from the database and destroyed when the missing or unidentified person is recovered or identified. 514.6.2 PROCEDURE: A. Upon taking the information from the reporting party involving a missing person complaint, officers shall also obtain pertinent descriptors (i.e., name, address, date of birth, etc.) of the missing person’s family members; including biological parents, siblings and biological children. B. Officers shall advise the reporting party that obtaining personal articles of the missing person (i.e., toothbrush, hairbrush, clothes/undergarments recently worn but unwashed, pillowcase/sheets from the persons bed, etc. ) will be beneficial in the furtherance of the missing person investigation. To that end, officers shall advise the reporting party of the proper safeguarding methods to store these items for future evidential purposes (i.e., each item packaged separately in brown paper bags). C. If the missing person investigation remains active after thirty (30) days, the assigned detective will attempt to secure personal articles of the missing person (i.e., toothbrush) that may be beneficial in obtaining a DNA profile of the missing person. Once the article(s) has been properly documented, the detective will utilize the Personal/Direct Reference Sample Evidence Registration Form and send the sample to the National Missing Persons Program at the University of North Texas Health Science Center. D. If the missing person investigation remains active after thirty (30) days, the assigned detective will contact the reporting party and/or appropriate biological family member(s) to ascertain if they are willing to provide a reference DNA sample for comparison purposes in the National Missing Persons Program federal database maintained by the Federal Bureau of Investigation. The detective will notify the reporting person or family member(s) that all such DNA samples are provided on a voluntary basis and shall be used solely to help locate or identify the missing person and shall not be used for any other purpose. E. The detective will utilize the Family Reference Sample Collection Kit to obtain DNA samples. The detective will strictly adhere to the instructions as put forth in the collection kit. Kits may be obtained by contacting the County Liaison Officer or the N.J.S.P. Missing Persons & Exploitation Unit, Division Headquarters, at 609-882-2000, extension 2894. F. Upon completion of obtaining the DNA samples(s), the detective will forward the kit to the National Missing Persons Program, University of North Texas Health Science Center, as directed in the kit instruction form. Strict attention shall be adhered to in the transmittal of the Fax Back Sample Tracking Form prior to the mailing of the kit. G. In addition to faxing the form to the National Missing Persons Program, the detective will fax the form to the Missing Persons & Child Exploitation Unit, Division Headquarters, at 609-882-2719, for case tracking purposes. H. Upon completion of the DNA sample submission process, the detective will modify the existing NCIC missing persons/unidentified person entry to include that a DNA sample pertaining to the investigation is available for comparison. 514.6.2 REFERENCE SAMPLE PRIORITY SEQUENCE: The following sequence of DNA sources is to be followed: A. Personal Items(s) From Missing Person 1. Toothbrush 2. Any item capable of furnishing a DNA profile B. Nuclear Family Members of Missing Person 1. Biological Brother of Sister of Missing Person 2. Biological Parents of Missing Person 3. Biological Children of Missing Person C. Maternal Relatives of Missing Person 1. Aunts/Uncles of Missing Person (Maternal Side only) 2. Cousins (Maternal Side Only) 3. Half-Sisters/Half-Brothers (Maternal Side Only) 514.6.3 REQUESTS FOR ASSISTANCE/PROCEDURAL INQUIRIES: DNA Sample Collection Kits and additional kits will be made available, whenever necessary, directly from the NJ State Police Missing Persons Unit and/or the Middlesex County Prosecutor’s Office. A. Assistance in locating appropriate family members for sample collection is available, upon request, from the Missing Persons Unit. B. Any questions regarding the process may be directed towards the Missing Persons Unit, Division Headquarters, 609-882-2000 extension 2894. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures PATHOGENS EXPOSURE CONTROL Chapter: 516 Date(s): Authority Effective: Sept. 28, 2001 Chief Wm. Trenery Revised: 06-05-07 Chief Wm. Trenery Revised: 02-10-12 Director R. Hubner Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: Volume Five: Law Enforcement Operations General Order #: 01-005 07-004 11-003 File #: 516-011 516-071 516-121 516.1 POLICY & PURPOSE: 516.1.1 POLICY: It shall be the policy of this department to provide a safe and healthful work environment for all employees. In pursuit of this endeavor, this policy will eliminate or minimize occupational exposure to blood borne pathogens in accordance with OSHA Blood borne Pathogens Standards, Title 29 Code of Federal Regulations 1910.1030. Department personnel assume ultimate responsibility for their own health and safety and are required to always use appropriate personal protective equipment as the situation dictates. This policy will also address preventing the spread of contagious diseases. 516.1.2 PURPOSE: Many workers risk on the job contact with blood and other body fluids. These materials may contain pathogens-organisms that can cause serious disease. Of major concern are the hepatitis viruses and the human immunodeficiency virus (HIV), the cause of Acquired Immunodeficiency Syndrome (AIDS). The purpose of this policy is to specify procedures for recognition, decontamination and the handling of materials exposed to blood borne pathogens. In an effort to contain contagious disease this policy will also address the appropriate procedures concerning of individuals with contagious disease. 516.1.3 DEFINITIONS: A. BLOOD: Human blood, human blood components, and products made from human blood or its components. B. BLOODBORNE PATHOGENS: Pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, Hepatitis A, B, and C Viruses and Human Immunodeficiency Virus (HIV). C. BODY SUBSTANCE ISOLATION: An approach to infection control in which all body fluids are treated as potentially infectious. This includes, but is not limited to: semen, vaginal secretions, cerebrospinal fluids, synovial fluid, pleural fluid, amniotic fluid, saliva in dental procedures, any body fluid visibly contaminated with blood and all body fluids in situations where it is difficult or impossible to differentiate between body fluids. D. CONTAMINATED: The presence, or the reasonably anticipated presence, of blood or other potentially infectious materials on an item or surface. E. CONTAMINATED CLOTHING: Clothing, which has been soiled with blood or other potentially infectious materials or may contain sharps. F. DECONTAMINATION: The use of physical or chemical means to remove, inactivate, or destroy blood borne pathogens on a surface or item to the point where they are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use, or disposal. G. DESIGNATED EMPLOYEE: An employee "reasonably anticipated" to face contact with human blood and other potentially infectious materials during the performance of an employee's duties. H. ENGINEERING CONTROLS: Controls (e.g., sharps disposal containers, self-sheathing needles) that isolate or remove the hazard of blood borne pathogens from the workplace. I. EXPOSURE INCIDENT: A specific eye, mouth, other mucous membrane, non-intact skin, or parenteral contact with blood or other potentially infectious materials that results from the performance of an employee's duties. J. ISOLATION: Means the physical separation and confinement of an individual or groups of individuals who are infected or reasonably believed to be infected on the basis of signs, symptoms, or laboratory analysis, with a contagious or possibly contagious disease from non-isolated individuals. This to prevent or limit the transmission of the disease to non-isolated individuals. K. LICENSED HEALTH CARE PROFESSIONAL (HCP): A person whose legally permitted scope of practice allows him/her to independently perform the medical activities required by this plan. L. HIV: Human Immunodeficiency Virus M. OCCUPATIONAL EXPOSURE: Reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee's duties. N. OTHER POTENTAILLY INFECTIOUS MATERIALS: The following human body fluids: 1. Semen, vaginal secretions, cerebrospinal fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids. 2. Any unfixed tissue or organ (other than intact skin) from a human (living or dead). 3. HIV-containing cell or tissue cultures, and HIV or Hepatitis-containing culture medium or other solutions, and blood, organs, or other tissues from experimental animals infected with HIV or Hepatitis.4. Contagious Diseases : Cholera, Diphtheria, infectious Tuberculosis, Plague, Smallpox, Yellow Fever, and Viral Hemorrhagic Fevers (Lassa, Marburg, Ebola Crimean-Congo South American, and others not yet isolated or named. 4. Severe Acute Respiratory Syndrome (SARS), which is a disease, associated with fever and signs and symptoms of pneumonia or other respiratory illness. Which is transmitted from person to person predominantly by the aerosolized or droplet route, and, if spread in the population, would have severe public health consequences. O. PARENTERAL: Piercing mucous membranes or the skin barrier through such events as needle-sticks, human bites, cuts or abrasions. P. PERSONAL PROTECTIVE EQUIPMENT (PPE): Specialized clothing or equipment worn by an employee for protection against a hazard. General work clothes (e.g., uniforms, pants, shirts or blouses, not intended to function as protection against a hazard) are not considered to be personal protective equipment Q. Quarantine: The separation or restriction of activities of persons who are not ill but who are believed to have been exposed to a communicable disease. R. REGULATED WASTE: Liquid or semi-liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; contaminated sharps; and pathological and microbiological wastes containing blood or other potentially infectious materials. S. SOURCE INDIVIDUAL: Any individual, living or dead, whose blood or other potentially infectious materials may be a source of occupational exposure to the employee. Examples include, but are not limited to, hospital and clinic patients; clients in institutions for the developmentally disabled; trauma victims; clients of drug and alcohol treatment facilities; residents of hospices and nursing homes; human remains; and individuals who donate or sell blood or blood components. T. STERILIZE: The use of a physical or chemical procedure to destroy all microbial life including highly resistant bacterial endospores. U. UNIVERSAL PRECAUTIONS: An approach to infection control in which all human blood and certain human bloody fluids are treated as if known to be infectious for HIV, Hepatitis, or other blood borne pathogens. V. WORK PRACTICE CONTROLS: Controls that reduce the likelihood of exposure by altering the manner in which a task is performed; e.g., prohibiting recapping of needles by a two-handed technique. 516.2 PROCEDURES: 516.2.1 EXPOSURE DETERMINATION: For the purposes of this policy, any police employee, sworn or civilian, who may be reasonably anticipated to face contact with human blood or other potentially infectious materials shall be deemed a "Designated Employee". Although certain employment categories have been identified in which a majority of individuals may reasonably anticipate exposure to blood borne pathogens, each employee's job responsibilities shall be evaluated to determine individuals at risk. 516.2.2 POTENTIAL EXPOSURE TASKS AND PROCEDURES: Tasks and procedures in which the potential for occupational exposures to blood borne pathogens or other potentially infectious materials may occur is as follows, but is not limited to, suspect restraint and processing, suspect and property searches, accident investigation, first aid and associated lifesaving techniques, rescue operations, solid waste removal, disease investigations, environmental investigations cleaning or decontaminating equipment. 516.2.3 METHODS OF EXPOSURE PREVENTION/REDUCTION: A. BODY SUBSTANCE ISOLATION: All body fluids are treated as if known to be infectious for HIV, Hepatitis, or other blood borne pathogens. B. EQUIPMENT: The following is the minimal equipment that shall be readily available for use by all designated employees where appropriate. 1. Disposable gloves (latex) 2. Gowns (outer protective clothing) 3. Eye protection (goggles) 4. Facemasks (cone shaped dust masks) 5. Sharps boxes 6. CPR pocket mask or Ambu bag 7. Hand disinfectant 8. Forms for reporting of exposure incidents 9. Plastic zip-lock bags 10. Medical waste disposal bags 11. Exposure control program 516.2.4 METHODS OF IMPLEMENTATION OF PERSONAL PROTECTION A. UNIVERSAL PRECAUTIONS: Universal precautions shall be observed to prevent contact with blood-borne pathogens or other potentially infectious materials. While blood is the single most important source of HIV and Hepatitis infection it is safest to assume that all body fluids are infectious. B. DISPOSABLE GLOVES: 1. All designated employees with the potential for exposure to blood borne pathogens, body fluids, non-intact skin or other potentially infectious materials shall be provided with disposable gloves. All employees should carry extra pairs of disposable gloves with their personal equipment. 2. Gloves shall be worn whenever there is the possibility of exposure to blood-borne pathogens, body fluids, non-intact skin or other potentially infectious materials. Gloves will be replaced as soon as possible when soiled, torn or punctured. 3. Two (2) pairs of gloves shall be worn when deemed appropriate by the designated employee. 4. Gloves shall be removed from the inside out to prevent immediate contact with the unprotected hand. Disposable gloves will not be reused. 5. Where possible, gloves should be changed between victims/suspects in multiple casualty situations. 6. After removal, contaminated gloves shall immediately be disposed of in a manner to limit the chance of secondary exposure. 7. Hands shall be thoroughly washed with soap and warm water as soon as possible after removal of gloves. C. HAND WASHING PROCEDURES 1. Upon contact of unprotected hands or any other skin with blood or other body fluids, employees shall immediately wash the area of contact thoroughly with soap and warm water. 2. When provisions for hand washing are not available the employee shall thoroughly clean the area of contact with an approved antiseptic hand cleanser or towelettes. An adequate supply of hand cleanser or towelettes shall be maintained in all department vehicles at all times. 3. The area of contact shall be thoroughly washed with soap and warm water as soon as possible, even after the use of antiseptic hand cleanser or towelettes. 4. Employees shall wash their hands thoroughly with soap and warm water as soon as possible after the removal of gloves or other personal protective equipment. 5. Hand washing with soap and warm water shall be performed for ten (l0) to fifteen (l5) seconds. Drying of hands shall be done with hand dryers or disposable towels. 6. Eating, drinking, smoking, handling of contact lenses, applying cosmetics or lip balm is prohibited until all cleaning or decontamination procedures have been completed. D. EYE AND/OR MUCOUS MEMBRANE EXPOSURE PROTECTION 1. Masks and eye protection shall be used whenever there is a possibility of blood, body fluids or other potentially infectious materials splashing. 2. Eyes or any other mucous membranes shall be thoroughly flushed with sterile water, saline solution or water immediately following contact of such body areas with blood, body fluids or other potentially infectious materials. E. NEEDLES AND OTHER SHARPS 1. All needles or sharps shall be considered as a potentially infectious material regardless of condition. 2. Contaminated needles or sharps shall not be bent, broken, recapped, resheathed or separated from disposable syringes. THE MOST COMMON OCCUPATIONAL BLOOD EXPOSURE OCCURS WHEN ONE OF THE ABOVE IS ATTEMPTED. 3. All needles or sharps collected for evidence purposes should be immediately placed in hard plastic puncture resistant needle/syringe keepers to prevent accidental exposure or puncture. They should also be labeled as a biohazard and handled as such. 4. Each department vehicle shall be equipped with a puncture resistant sharps container. 5. In the event of an accidental needle or other sharps stick the following actions should be taken: a. Cause the area to bleed. Squeeze or milk the area of the wound to increase blood release. b. Immediately wash and sanitize the area of the puncture. c. Report the stick to the immediate supervisor and follow the department reporting procedures. d. Confidential medical evaluation shall be offered to any employee who has had an accidental exposure. 6. In the event the exterior of a sharps container becomes contaminated with blood, body fluids or other potentially infectious materials the container shall be placed in a zip-lock bag, or other appropriate plastic F. G. H. I. container, to prevent leakage and subsequent exposure during handling or transport. 7. All sharps no longer needed as evidence or for an investigation shall be removed to the Health Department for proper disposal as regulated medical waste. 8. Mirrors shall be used, if possible, to search those areas that are not easily accessible. 9. If the situation permits, victims or suspects should empty their pockets rather than have them emptied. CLOTHING AND OUTER GARMENTS 1. Disposable gowns shall be worn whenever there is a possibility of exposure by splashing blood, body fluids or other potentially infectious materials. 2. Any clothing or disposable gowns contaminated with blood, body fluids or other potentially infectious materials shall be removed and bagged as soon as possible. Care should be taken not to come in contact with the contamination with unprotected hands or skin. Care should also be taken not to spread the contamination if clothing cannot be removed at the site of the contamination. 3. After removal, clothing should be thoroughly washed with hot water at l60 degrees F for 25 minutes. Clothing may also be dry-cleaned. Note that manufacturer's recommendations should be followed when supplied. It is suggested that contaminated clothing not be taken home for cleaning. 4. Boots and shoes should be cleaned with l0:l water to bleach solution. 5. Gloves must be worn whenever there is contact with contaminated clothing. 6. Leak proof bags shall be used for transporting contaminated clothing. These bags will be clearly labeled. HUMAN BITES 1. Human bites (bites inflicted by one human upon another) have the potential of transmitting blood, body fluids or other potentially infectious materials including, but not limited to, viruses and bacteria. These types of pathogens are not always blood-borne, but may also be found in saliva and/or other body fluids. Upon occurrence of a human bite the following procedures shall be taken: a. Immediately wash the affected area with soap and warm water. b. When hand-washing facilities are not readily available the employee shall thoroughly clean the area of the bite with an antiseptic cleanser. c. The area of the bite shall still be washed with soap and warm water as soon as possible after the bite, even if the area was cleaned with an antiseptic cleanser. d. The incident shall be immediately reported utilizing the Exposure Incident Report. e. An exposure report shall be completed and a copy placed in the employee's personnel file. OTHER EQUIPMENT 1. Vehicles and other equipment that becomes contaminated with blood, body fluids or other potentially infectious materials shall be thoroughly washed and sanitized with a l0:l water/chlorinated bleach solution or other approved disinfectant. 2. Equipment shall be decontaminated by following manufacturer's recommendations. In the event there are no recommendations available decontamination shall be accomplished by using a l0:l water/chlorinated bleach solution or other approved disinfectant. 3. Protective gloves, eyewear and gowns shall be worn during decontamination procedures to prevent against personal contamination through splashing or direct contact. 4. Decontamination shall be completed as soon as possible after contamination occurrs. ARTIFICIAL RESPIRATION 1. If at all possible mouth-to-mouth resuscitation shall not be applied to any victim. 2. Rescue Breathing shall be performed using the department issued ambu-bag. An ambu-bag will be placed in each department patrol vehicle. 3. After use, the ambu-bag shall be discarded. The ambu-bag shall not be decontaminated and reused. 516.2.4 MEDICAL WASTE DISPOSAL A. All potentially contaminated or contaminated materials shall be placed in clearly marked medical waste receptacles. B. All materials that have been placed in medical waste receptacles shall be transported to the Health Department for proper disposal as soon as possible after incident. C. All Personal Protective equipment that is used during decontamination procedures shall be disposed of following the proper disposal regulations. 516.2.5 HEPATITIS B VACCINATION A. Hepatitis B vaccination series shall be offered to all potentially at risk employees at no cost to the employee. B. Hepatitis B vaccinations shall be offered to all designated employees within l0 working days of their job duties. C. Hepatitis B vaccinations shall be performed by or under the supervision of the Woodbridge Department of Health and Human Services - Nursing Division D. Employees who have previously completed a Hepatitis B vaccination series or have completed antibody testing that reveals the employee is immune shall submit written proof to the department for permanent placement in the employee's personnel file. E. Employees who agree to accept Hepatitis B vaccinations offered by the Township shall sign and Informed Consent statement. The signed statement shall be placed in the employee's personnel file. F. Employees who decline to accept Hepatitis B vaccinations offered by the Township shall sign a waiver statement. The signed waiver shall be placed in the employee's personnel file. G. Any designated employee who initially declines Hepatitis B vaccination, but later decides to accept the vaccination shall be provided the vaccination series at no charge to the employee, provided the employee is still a designated employee. 516.2.6 POST EXPOSURE INCIDENT REPORTING AND FOLLOW-UP POLICY: The following reporting procedure shall be adhered to following any exposure or potential exposure to blood, blood-borne pathogens or other potentially infectious materials: A. The exposed employee shall immediately notify his/her immediate supervisor. B. Any employee exposed or potentially exposed to blood, blood-borne pathogens or other potentially infectious materials shall be complete a written Exposure Report prior to the end of the employee's shift. C. The employee and supervisor shall also complete all required reports on employee injuries if needed. D. Copies of the exposure report and all related records regarding an employee's exposure shall be placed in the involved employee's personnel health file. Records shall include, but not be limited to, any pertinent police reports, exposure report, medical follow-up records and test results. E. A copy of the exposure report shall be forwarded to the Chief Law Enforcement Officer (CLEO) for follow-up. F. All reports of exposures shall be kept confidential. Information on documented exposures will not be released without prior written consent of the employee(s) involved. G. Needle or sharps sticks shall be reported to the CLEO immediately. H. The CLEO will evaluate all reports for exposure hazards. If a possible exposure occurred, the department will arrange medical evaluation by a designated doctor. If no exposure took place, the CLEO will counsel the member on exposure hazards. The CLEO will complete the exposure report and file the report with the department. I. When necessary the CLEO will refer the employee to the nearest HIV Counseling and Testing Site for counseling and testing. This referral is to be made to the employee in writing with a signed acknowledgment by the employee that he/she understands the reason for such action. The service is voluntary and completely confidential. This should be done within five (5) working days of the incident. J. The CLEO will perform or refer members for infection control retraining if indicated. K. The source patient will be traced to the receiving medical facility by the Health Officer when an exposure has occurred. The Health Officer will notify the receiving facility that an exposure took place and request an infectious disease determination, as provided under the Ryan White Act of l990. Request for consent to test the source patient for HIV and HBV will be made. The source patient has the right to refuse such testing under present regulations. 516.2.7 TRAINING A. All designated employees will be required to complete: 1. Initial Infection Control/Exposure Control Training at the time of assignment to tasks where occupational exposure may occur. 2. Complete refresher infection control/exposure control training annually. B. Training will be in compliance with OSHA Regulation CFR Part l9l0.l030 and shall include, but not be limited to: 1. A copy of 29 CFR Part l9l0.l030 and an explanation of its contents. 2. A general explanation of the epidemiology and symptoms of blood-borne diseases. 3. An explanation of the modes of transmission of blood-borne pathogens. 4. An explanation of the appropriate methods for recognizing tasks and other activities that may involve exposure to blood and other potentially infectious materials. 5. Information on the types, proper use, location, removal, handling, decontamination and disposal of personal protective equipment. 6. Information on the hepatitis B vaccine, including information on its efficacy, safety, and the benefits of being vaccinated, and notification that the vaccine and vaccination will be provided at no charge. 7. Information on the appropriate actions to take and persons to contact in an emergency involving blood or other potentially infectious materials, including decontamination procedures. 8. An explanation of the procedure to follow if an exposure incident occurs, including the method of reporting the incident and the medical follow-up that will be made available. 9. Information on the post-exposure evaluation and follow-up that the department is required to provide following an exposure incident. 10. An explanation of the signs and labels and/or color-coding required for biohazard materials; information on the proper storage and disposal of biohazard materials. 516.3 ISOLATION & QUARANTINE OF INFECTED INDIVIDUALS 516.3.1 A. PURPOSE: To prevent the spread of a contagious or suspected contagious disease, the New Jersey Department of Health and Senior Services (NJDHSS) and the County or local board of health, independently or jointly may issue and enforce administrative orders and procedures for isolation and quarantine. The following are examples of the above: 1. A person poses a risk of transmitting an infectious disease to others by a preponderance of evidence; 2. A person refuses to accept medical examination, vaccination or treatment which constitutes prima facia evidence for containment measures: 3. A person has been exposed to a quarantinable disease as declared in Presidential Executive Order #13295; (See diseases listed in Definitions above in 516.1.3,N-4,5). 4. A person is diagnosed with a contagious disease or is suspected of having a contagious disease; 5. A person poses a danger to the public’s health; 6. A person who is unable or unwilling for reasons of health, religion or conscience to undergo treatment and/or vaccination; and 7. A person is deliberately non-adherent to voluntary containment measures. B. ASSUMPTIONS: 1. Isolation is the separation and restricted movement of ill persons or people suspected of having a contagious disease; 2. Isolation will be enforced primarily on the individual level; 3. Isolation will be hospital based, but can occur at home or in a community based facility: 4. Quarantine is the separation or restriction of activities of people who are not ill, but who are believed to have been exposed to a communicable disease and are therefore at the highest risk of becoming infected; 5. Quarantine measures are likely to be applied to relatively small numbers of exposed persons in focused setting; and 6. Quarantine will be generally home-based, but can occur in a community-based facility. 516.3.2 INVESTIGATION: If during the course of any investigation it becomes apparent that any of the above circumstance applies the following is advised. A. Utilize Universal Precaution as per 516.2.4 B. Isolate the infected or suspected infected person(s). C. Notifications 1. Request a supervisor to respond to the scene. 2. Request thru dispatch to notify the Middlesex County Health Department. 3. Also make notification to the Woodbridge Township Health Department. 4. If applicable, request an ambulance to respond and standby for possible transportation. 5. Complete an Investigation report to fully document the incident. 516.3.3 MIDDLESEX COUNTY HEALTH DEPARTMENT’S ROLE The Middlesex County Health Department’s Health officer has the authority to execute a written order requiring the immediate, temporary isolation or quarantine of a person or group of persons without first obtaining an order from the court. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures CASE MANAGEMENT: CRIMINAL INVESTIGATION DIVISION Chapter: 522 Volume Five: Law Enforcement Operations Date(s): Authority General Order #: Effective: Feb. 24, 1998 Chief Wm. Trenery 98-002 Revised: 07-31-06 Chief Wm. Trenery 06-006 Revised: 10-01-07 Chief Wm. Trenery 07-007 Revised: 10-08-10 Chief Wm. Trenery 10-005 Revised: 11-01-11 Director R. Hubner 11-003 Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 42.1.2, 42.1.3, 42.1.5 File #: 522-981 522-061 522-071 522-101 522-111 522.1 POLICY & PURPOSE: 522.1.1 POLICY: It will be the policy of the Woodbridge Township Police Department to utilize a system of case screening and case file maintenance for criminal investigations handled within the Criminal Investigative Division (CID). 522.1.2 PURPOSE: The purpose of this policy is to provide for administrative and operational guidelines that will help ensure efficient and effective criminal investigations. This is accomplished through a system of case screening and case file management. The practice of case screening helps to assign available personnel to those investigations that have the best chance of being successful. The application of administrative designators for case file maintenance helps to assist with internal case management and control by CID Supervisors. 522.2 CASE SCREENING SYSTEM: 522.2.1 GENERAL GUIDELINES: Copies of all reports shall be distributed to the Criminal Investigative Division for processing. Supervisors of the Criminal Investigative Division will be responsible for determining the initial degree of attention to be given to individual reports. Case assignments will be based on solvability factors such as time of occurrence, witnesses report of offense, usable fingerprints, and vehicle description, etc. Manpower availability and reasonable circumstances that would warrant the case being assigned shall also be considered. Cases shall be assigned to the appropriate detective(s). CID Supervisors may assign specific types of investigations to a Detective who has been trained for a particular investigation, or, where the Detective has general experience with a particular type of investigation, i.e., skills, knowledge and abilities. (Note: Where a case pertains to those categories normally handled by Special Investigations, those cases will be forwarded directly to the Special Investigations Section by the CID Supervisor). A. SELECTION OF CASES FOR ASSIGNMENT: Generally, the selection for initial case assignment shall be made as follows: 1. All cases which involve the perpetration of a violent crime. 2. A death of a violent or suspicious nature. 3. All indictable crimes. 4. Violations of Title 9 (Child Abuse). 5. All burglaries, regardless of the amount of theft involved. 6. A major disaster where investigations can assist in identification of victims. 7. Special circumstance cases (a case which does not meet the above but where there exists an administrative preference for continuing the case). B. CONTINUATION OF INVESTIGATIVE EFFORTS: A non-serious crime in which there are no solvability factors present may not be assigned for follow-up unless otherwise directed by the Division Commander or the Chief Law Enforcement Officer (CLEO). For all other cases, investigative efforts will be inactivated (suspended) where leads or solvability factors no longer exist. If such factors fail to produce positive investigative leads within thirty (30) days, the investigation may be deemed inactive. Investigative leads, or solvability factors, include the following: 1. If an arrest was made. 2. If a suspect was named, described, or has a known location. 3. If a suspect vehicle was described, or license number known. 4. If there were any witnesses to crime. 5. If the suspect was photographed. 6. If there was significant evidence obtained. 7. If stolen property was identifiable. 8. If the crime scene was processed. 9. If the victim will or will not prosecute. 10. If unique MO factors were or were not present. 11. Other availability of investigative leads present, or lack thereof. C. INACTIVE CASES: A case where all appropriate investigative leads have been exhausted. When new information is obtained concerning an inactive case, all investigative leads will be followed to their logical conclusion. D. COLD HOMICIDE CASE: A cold homicide case is an unsolved homicide where all appropriate investigative leads have been exhausted and the case becomes inactive. 1. A cold homicide case investigation is the investigation of an unsolved homicide that has exhausted all investigative leads and has ceased to be actively pursued. The CID supervisor has reviewed the initial investigation on at least one occasion and is unaware of any additional investigative tactics that would lead to a successful resolution. 2. The evaluation criteria for re-opening and investigating cold case unsolved homicides shall be based on a critical review of the case facts and history of the investigation, and shall include, but not be limited to the following: a. Consideration of the pre-existing and any new investigative leads and whether or not they are all exhausted. b. The review of evidence and evaluation of its potential for submission or re-submission to capitalize on forensic technologies not available at the time of the original investigation which could serve to lead to a resolution of the case. c. An assessment of the overall potential to solve the investigation in relation to the expenditure of staffing and resources that would be required to bring the investigation to a successful conclusion. 522.2.2 LEAD INVESTIGATOR: A single detective shall be designated as the primary criminal investigator for each case assigned. This does not preclude others from assisting but it does discourage the perfunctory assignment of personnel based on a system of case rotation, or a criteria-free system. A practice of assigning a single person as the “principle investigator” for each case shall be practiced. This too, does not preclude the assignment of more than one person to an investigation but is designed to place accountability for each case. A. WORKLOAD: CID supervisors shall evaluate the available resources used for follow-up investigations by each detective, their past and present workload, and the progress made on assigned cases. Workload evaluations shall be taken into consideration as cases are reviewed for assignment by the CID Supervisor. Workload/case evaluations will include the ongoing application of solvability and degree of seriousness factors. The purpose of such evaluations is to assess demands on operational resources as they relate to ongoing investigations and to ensure the effective and efficient handling of all cases within the CID. 1. CID Supervisor(s) shall maintain a log of cases assigned to each Detective. 522.3 CASE FILE MANAGEMENT: 522.3.1 CASE STATUS CONTROL SYSTEM: The CID Supervisor will oversee all aspects of the investigation and periodically obtain verbal updates concerning ongoing cases in order to effectively manage CID caseloads. The CID Supervisor is responsible for the overall accountability and maintenance of each CID case. An investigative case file will be initiated and maintained on all cases in which investigative activities are ongoing. Case files provide an immediate information resource to investigators. In no case should investigative case files contain the original case report (the original shall be maintained in the central records file), including evidence (which will be forwarded to the Evidence custodians or evidence locker if the custodians are not available). Copies of needed items (i.e., photo arrays, pictures, etc.) may be kept in the case file as needed. A. CASE MANAGEMENT CONTROL FORM: The CID Supervisor shall ensure a Case Management Control Form is completed for all cases assigned investigation. The form will include information as to the types of investigative steps that have been taken on the investigation and would include the type of information to be found in the case file. B. CID CASE FILES: During ongoing investigations, detectives shall enter the following information and records into the investigative file: All statement transcriptions, copy of DVD/CDR recorded statements, copy of preliminary reports, copy of crime scene log, copy of vehicle and death reports, neighborhood canvas results, copy of complaint, copy of affidavit, copy of warrant, copy of Miranda waiver, suspect narrative, arrest affidavit, copy search warrant or consent to search, copy of photo line up, copy of police department reports, medical examiner reports, crime lab reports, autopsy report, copy crime scene sketch, crime scene narrative, photo log, copy of request for 911 tape, 911 computer readout, teletype information, related reports, misc. information (driver's license check, fingerprints, subpoenas), news releases, news articles, and any other relevant information. C. ADMINISTRATIVE DESIGNATORS: Detectives are responsible for returning their case file to the CID Supervisor upon completion of the investigation, or where the investigator feels the case can no longer be investigated. At a minimum the case file folder shall be returned after a period of 30 days to the CID Supervisor. The CID Supervisor shall be responsible for determining whether a certain case should be closed out or returned with comments for continued investigation. Cases shall be designated by the CID Supervisor as active (open), inactive, cleared by arrest (closed), administratively cleared. Circumstances which shall dictate case status shall include any reasonable circumstances that would warrant the case being assigned as follows: 1. Active (Open) Cases: Have been assigned and will require an update status review every thirty (30) days to remain active. 2. Inactive Cases: All cases assigned or not, which fail to meet a satisfactory conclusion within thirty (30) days, They may receive a thirty (30) day extension. 3. Cleared by arrest (Closed) cases: Cases where the suspect is arrested, charged with the commission of the offense, and turned over to the court for prosecution. 4. Administratively Cleared Cases: Cases where the identity of the suspect has definitely been established; there is enough information to support an arrest, charge, and prosecution; and the exact location of the suspect is know, but there are reasons beyond law enforcement control which prevent an arrest, charge, and/or prosecution. Or cases that show a false or baseless reported offense and it is determined that the crime did not occur. D. ACCESSIBILITY TO CASE FILES: Each detective should keep assigned active case files current and as up-todate as possible, and stored in an investigator's assigned administrative area in such a manner that, when off duty, the CID Supervisor or other detectives can find and refer to the case files, if required to do so. Case files may also be reviewed by the Chief Law Enforcement Officer (CLEO) and other Division Commanders. All other sworn personnel must have permission from the CID Supervisor or CID Commanding Officer to view a file. 1. Outside Agencies: Case files may be reviewed by investigators of the Middlesex County Prosecutor’s Office and other law enforcement agencies having a vested interest in the investigation. Any questions concerning the review of a case file should first be cleared through the CID Supervisor. E. PURGING FILES: Inactive case files will be stored in the office of the CID Supervisor for a period of one year, after which they will be placed into archive. Inactive files will contain all materials associated with the case, including the following: 1. Copes of reports and all copies of supplemental reports. 2. Copies of property and arrest reports. 3. All statements. 4. Victim/witness forms. 5. Any other reports mandated by the state (i.e., Domestic Violence). 522.4 HABITUAL SERIOUS OFFENDER: 522.4.1 HABITUAL SERIOUS OFFENDER CRITERIA: An habitual offender is a person who at the time of the commission of the crime is 21 years of age or over, who has been previously convicted on at least two separate occasions of two crimes, committed at different times, when at least 18 years of age (NJSA 2C:44-3). 522.4.2 HABITUAL SERIOUS OFFENDER CASES: As part of the criminal investigation process, CID Detectives are to complete a criminal history on subjects charged with crimes by this agency. The CID Supervisor, upon review of a criminal case investigation folder, shall review the subject’s criminal history to determine if the subject meets the criteria for identification as an habitual offender. This information is to be forwarded to the Middlesex County Prosecutor’s Office with the case file upon transfer to the Prosecutor’s Office. The final decision to charge or not to charge as a habitual offender is made at the county level. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures POLYGRAPH Chapter: Volume Five: Law Enforcement Operations 524 Date(s): Authority General Order #: File #: Effective: May 20, 1998 Chief Wm. Trenery 98-009 524-981 Revised: 06-01-09 Chief Wm. Trenery 09-004 524-091 Revised: 11-09-11 Director R. Hubner 11-003 524-111 Revised: Revised: Revised: Revised: LEGAL REFERENCES: Employee Polygraph Protection Act of 1988, N.J.S.A. 2C:40A-1; NJ Attorney General Directive # 2009-1, Restrictions on Use of Polygraph Examinations ACCREDITATION STANDARDS REFERENCES: 42.2.6 524.1 POLICY & PURPOSE: 524.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to provide assistance in the form of polygraph examinations to all investigators in an effort to successfully bring an investigation to a conclusion. 524.1.2 PURPOSE: The purpose of this policy is to prescribe guidelines for the administration, authorization, use, purpose, and reporting of the results of polygraph examinations, conducted on criminal suspects, victims, witnesses, or informants. This policy will ensure that the Woodbridge Township Police Department utilizes certified polygraph examiners. 524.2 PROCEDURES: 524.2.1 GENERAL GUIDELINES: The polygraph is to be used selectively as an investigative aid and the results are to be considered within the context of the complete investigation. Although the polygraph technique is considered highly reliable and valuable as an investigative tool, the polygraph results are not to be relied upon to the exclusion of other evidence or knowledge obtained during the course of the complete investigation. The use of the polygraph for screening large numbers of suspects as a substitute for logical investigation by conventional means should be discouraged. Polygraph examinations may be administered only to individuals who voluntarily agree to such examinations in accordance with the Employee Polygraph Protection Act of 1988, New Jersey Statute, Woodbridge Township contractual agreements, and department policy. A. PERSONS TO BE POLYGRAPHED - PROHIBITED: Polygraph examinations should not be administered under the following circumstances or conditions unless authorized by the senior polygraph examiner or the Chief Law Enforcement Officer (CLEO). 1. Individual to be polygraphed is less than 18 years of age. 2. Individuals with known serious heart ailments, epilepsy, and diabetes, unless specifically approved by the chief polygraph examiner and approved, in writing, by a physician of the individual to be polygraphed. 3. The individual to be polygraphed is pregnant. 4. If the examiner has knowledge beforehand that the subject has been examined by another law enforcement examiner concerning the same matter, unless both examiners have conferred with each other regarding the matter. 5. The individual to be examined by the polygraph has been tried, convicted, and sentenced in the matter. a. Exception: When authorized by appropriate prosecuting authority or court of competent jurisdiction. 6. The individual to be polygraphed has been interviewed and the results of the interview are furnished to the polygraph examiner prior to the proposed polygraph examination. 7. No law enforcement officer shall ask or require any victim of an alleged sexual offense as defined in N.J.S.A. 2C:14-1 et seq. to submit to a polygraph examination. B. PROHIBITED AREAS OF QUESTIONING: The following areas are not to be probed during the course of a polygraph examination unless directly relevant to the investigation or inquiry. 1. Religious beliefs or affiliations. 2. Beliefs and opinions regarding social matters. 3. Information concerning sexual opinions or practices. 4. Political beliefs and organizational affiliation's of a non-subversive nature. C. OTHER GUIDELINES: 1. Polygraph examinations may only be conducted when the examiner, in his/her professional judgment, believes the results will be accurate. If there is any question as to whether or not a polygraph examination should be conducted, the polygraph examiner’s decision will be final. 2. No polygraph examination shall be administered until the examiner is satisfied that the investigating detective requesting the polygraph examination has exhausted an adequate number of pre-polygraph investigative leads and has made a reasonable attempt to resolve the matter without a polygraph. The exception to this shall be where there are no leads to follow without an examination. This policy is not to discourage the use of the polygraph, but to control the number of unnecessary polygraph examinations and to ensure that all logical investigations have been conducted. The polygraph is viewed as an investigative tool and not a device to make shortcuts in investigations. 3. Polygraph examinations may be conducted for both indictable and non-indictable investigations. 4. The polygraph examiner will not assume any custodial responsibility of any individual who is at Woodbridge Police Headquarters for the purpose of a polygraph examination. 5. With the exception of a polygraph examiner in training, no persons other than the polygraph examiner conducting the examination and the person being polygraphed will be allowed in the testing area. 6. No reported victim of any crime or offense will be asked to submit to a polygraph examination without first consulting or obtaining approval from the polygraph examiner. 524.2.2 APPROVING POLYGRAPH EXAMINATIONS: When evaluating the advisability of utilizing the polygraph technique, certain factors must be considered. A. POLYGRAPH FACTORS: 1. Determine if the investigation conducted has been as thorough as circumstances permit. The proposed examinee has been interviewed and that the development of additional information by means of a polygraph examination is believed essential and timely for further conduct of the investigation or inquiry. 2. Ensure that there is reasonable cause to believe that the person to be examined has knowledge or was involved in a matter under inquiry, or if the person is withholding information relevant to the inquiry or investigation. 3. Are there any known physical or mental abnormalities? 4. If the examinee is in custody, can full security and control be assured? 5. What were the results of any prior polygraph examinations afforded the examiner? 524.2.3 VERIFICATION OF INFORMATION: Use of the polygraph should, in no way, absolve law enforcement officers of their responsibility to conduct all logical investigations possible by conventional means in order to verify the truthfulness and accuracy of information received. 524.2.4 RESPONSIBILITIES OF THE INVESTIGATOR: The investigator is normally the first person to realize that a polygraph examination may be helpful during the course of an investigation. In this regard, it is important for the investigator to be fully aware of the existing polices concerning the use of the polygraph. A. The investigator has the following responsibilities in connection with the polygraph examination: 1. Investigating detective should contact a detective supervisor for approval. Upon approval a polygraph examiner from either the New Jersey State Police or the Middlesex County Prosecutor’s Office will be contacted. 2. The case investigator must first ascertain that the polygraph examiner concurs in the need for and authorizes the use of a polygraph. Indiscriminate solicitation of an individual to submit to a polygraph examination is not an efficient or effective investigative procedure. 3. When a polygraph examination has been authorized, the lead investigator should promptly contact the proposed examinee and ascertain if he/she will agree to submit to the polygraph examination. If the examinee is agreeable to the test, the investigator will notify the polygraph examiner to arrange for a suitable time for the examination. 4. Upon arrangement of a date and time, the investigator shall deliver a copy of the polygraph information guide to the examinee. 5. The investigator should bring to the attention of the polygraph examiner any previously determined illnesses or any psychiatric condition which precludes the conducting of a meaningful exam. 6. The person to be examined should not be subject to interrogation immediately prior to the polygraph examination. 524.2.5 MENTAL AND PHYSICAL FITNESS OF THE EXAMINEE: Due to the nature of the polygraph examination, the mental and physical condition of the examinee must be taken into consideration. A. GENERAL GUIDELINES: 1. Proposed examinees who are not in sufficiently sound physical or mental condition will not be afforded a polygraph examination. 2. Any person to be examined should have had adequate food and rest before examination. The examinee should not, at the time of the examination, be under the effects of alcohol, narcotics, drugs, stimulants, or sedatives. 3. Polygraph examinations will not be conducted if, in the opinion of the polygraph examiner, any of the following would affect the individual’s ability to respond or otherwise cause the individual to be an unfit candidate for polygraph examination. a. It is apparent that the examinee is mentally or physically fatigued. b. The examinee is unduly emotionally upset, intoxicated, or adversely under the influence of a sedative, stimulant, tranquilizer or narcotic. c. The examinee is known to have a mental disorder which causes the examinee to lose contact with reality, or which could reasonably result in the examinee becoming violent during the test. d. Examinee is experiencing physical discomforts of significant magnitude, or appears to possess disabilities or defects which in themselves might cause abnormal physiological responses. e. If an examiner has any doubt concerning the ability of any examinee to safely undergo an examination, a statement from the examinee’s physician must be obtained before proceeding with the test. 524.2.6 PRETEST INTERVIEWS: During the pretest interviews, certain areas must be discussed prior to administering any polygraph examinations. A. REQUIRED ITEMS: The following items will be covered with the examinee by the polygraph examiner. 1. The examinee will be advised: a. Of his/her rights, if appropriate, in accordance with the self incrimination clause of the Fifth Amendment to the Constitution and that an attorney may be obtained and consulted. b. That the examination will be conducted only with the examinee’s prior consent. c. Informed of the procedures to be followed during the polygraph examination and all the questions to be asked during the examination. d. Whether the area in which the examination is to be conducted contains two-way mirrors or an observation device, and whether the conversation during the examination will be monitored in whole or in part by any means. 2. An appropriate consent or agreement form will be executed by the polygraph examiner. Should the examinee agree to be examined, but refuse to sign the consent or agreement form, this should be noted on the form by the examiner and witnessed by one other person.. 524.2.7 REPORTING PROCEDURES: The following procedures shall apply in reporting the results of the polygraph examination: A. Polygraph examiner will prepare and forward to the case investigator or investigating agency a polygraph examination report. This report should include any additional information furnished to the examiner during the course of the polygraph examination. B. Polygraph examiner will complete the polygraph report, polygraph numerical analysis, and the appropriate polygraph consent forms. C. After an examination has been completed, it will be up to the polygraph examiner’s discretion to release results of an examination to an examinee. D. The investigating detective will not release any polygraph results to an examinee’s employer. E. After consulting the polygraph examiner, the investigating detective may give polygraph results to the examinee’s attorney. F. After consulting the polygraph examiner, polygraph results may be given to other members of the Criminal Investigation Division or the investigating agency requesting said results. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures IDENTITY THEFT Chapter: Volume Five: 529 Law Enforcement Operations Date(s): Authority General Order #: Effective: 02-20-07 Chief Wm. Trenery 07-002 Revised: 10-08-10 Chief Wm. Trenery 10-005 Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: 2C:21-17, 2C: 21-17.2 ACCREDITATION STANDARDS REFERENCES: 42.2.8 File #: 529-071 529-101 529.1 POLICY AND PURPOSE 529.1.1 POLICY: It shall be the policy of WPD to protect victims of identity theft and to arrest criminals who commit identity theft-related offenses. 529.1.2 PURPOSE: Identity Theft is a serious crime problem that is growing at a rapid rate. It has the potential to devastate the financial and legal conditions of innocent citizens, and to shift those losses to the public at large. This policy is issued to guide Officers and Detectives in the correct procedures to document and investigate incidents of Identity Theft. Community education concerning Identity Theft prevention and all crime prevention programs is covered under Standard Operation Procedure 550: Crime Prevention and the Office of Community Affairs. 529.1.3 DEFINITIONS: NJSA: 21-17, Impersonation; Theft of Identity defines Identity Theft as the impersonation of another for unlawful purposes. NJSA 2C:17.2, Use of Personal Information of Another, certain defines a secondary form of Identity Theft as the act or attempt to secure governmentally issued identification by using documents listing another person’s identifying information. 529.2 PROCEDURES 529.2.1 REQUIREMENTS FOR CLASSIFICATION AS IDENTITY THEFT: In order to be considered a case of Identity Theft, the victim must demonstrate that his or her identifying information has been unlawfully used. Evidence to support a report of identity theft includes, but is not limited to: A. B. C. D. A traffic warrant for a summons the victim never got; Credit card receipts for items they never bought; A credit report showing accounts that the victim never opened; Evidence that their information was used or was used in an attempt to obtain official government identification. Reports of lost or stolen identification shall continue to be taken in cases where there is no evidence that the identifying information has been used. 529.2.2 INITIAL INVESTIGATION: A. Officers taking reports of Identity Theft shall complete a standard Investigation Report. B. Because NCIC entry requires considerable, specific information, Officers shall complete the Identity Theft Data/Consent Form provided by the Police Department. When completed, the victim must sign this form before his or her information may be entered into NCIC. 1. One particular data field calls for a password. The victim must choose a password that he or she can easily remember. When the victim’s name is checked through NCIC for any reason, the person being checked will have to provide the password to demonstrate that they are in fact the victim, and not the offender. C. The following information, if available, should also be included: 1. Victim Information a. Photograph of victim (face) b. Copy of victim’s signature c. Photograph of victim’s distinctive scars, marks or tattoos 2. Suspect Information (if known): a. Photograph of Suspect (face) b. Copy of Suspect’s signature c. Photograph of Suspect’s distinctive scars, marks or tattoos D. Officers responding to reports of Identity Theft shall provide victims with a copy of the Identity Theft Information Form published by this agency. E. Officers responding to reports of Identity Theft shall bring the completed Investigation Report and the Identity Theft Data/Consent Form into the Communications Center as soon as possible. F. The Shift Commander shall be responsible to ensure that the Identity Theft reports are properly completed, and that the information is entered into NCIC as soon as possible. 529.2.3 ROLE OF COMMUNICATIONS STAFF: The Shift Commander shall ensure that an Officer or Dispatcher assigned to the Communications Center enters the information from the NCIC “Identity Theft/Consent Form” as soon as possible after the Investigating Officer submits the form. NCIC entries shall conform to standards as promulgated by the New Jersey State Police. 529.2.4 FOLLOW UP INVESTIGATIONS: In addition to investigative procedures detailed in Standard Operating Procedure 520: Criminal Investigation, detectives assigned to Identity Theft cases shall be responsible for: A. Any modifications to the NCIC file, after the initial investigation and entry. Modifications include, but are not limited to: 1. Additional suspect information; 2. Additional photographs (victim or suspect); 3. Updated information about what items of identification were obtained or used; 4. Other relevant information. B. Determining if the victim purchased anything online or used a credit card in a restaurant, department store, gas station, etc., where the card number could have been stolen or skimmed. C. If the identity theft occurred online, advise the victim to file a complaint via www.ic3.gov which is monitored and investigated by the FBI. The investigating detective should assist the victim with this complaint process as needed. D. If the identity theft was related to credit card fraud or bank fraud, the detective will contact the bank where the card was used. The bank’s loss prevention investigators will assist law enforcement with the investigation. The detective should obtain any credit card or bank transaction pertaining to any charges and any transaction receipts. If surveillance video captured the suspect during the transaction, copies of the video should be obtained. E. Put a TRAK alert out to surrounding law enforcement agencies to determine if the same method of operation was used. Post any surveillance photos of suspects on TRAKS for identification assistance. F. Obtain necessary subpoena records to identify suspect information or leads. G. Advise the victim to contact the three main credit reporting agencies (Equifax, Experian, and Trans Union) and monitor credit reports for activity. 529.3 SUMMARY 529.3.1 SUMMARY: A. Identity Theft investigations require evidence of: 1. actual criminal use of identifying information; or 2. attempt to obtain official government identification by unlawful use of another person’s identifying information. B. Officers are required to handle three (03) forms: 1. Complete an Investigation Report 2. Complete an Identity Theft Data/Consent Form (WPD-324) 3. Provide victims with an Identity Theft Information Form (WPD-325) WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures CASE MANAGEMENT: SPECIAL INVESTIGATIONS UNIT Chapter: 532 Date(s): Authority Effective: Feb. 24, 1998 Chief Wm. Trenery Revised: March 15, 2012 Director R. Hubner Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: Volume Five: Law Enforcement Operations General Order #: 98-002 11-003 File #: 532-981 532-121 532.1 POLICY & PURPOSE: 532.1.1 POLICY: It will be the policy of the Woodbridge Township Police Department to utilize a system of case screening and case file maintenance for criminal investigations handled within the Special Investigative Unit (S.I.U.). 532.1.2 PURPOSE: The purpose of this policy is to provide for administrative and operational guidelines that will help ensure efficient and effective criminal investigations. This is accomplished through a system of case screening and case file management. The practice of case screening helps to assign available personnel to those investigations that have the best chance of being successful. The application of administrative designators for case file maintenance helps to assist with internal case management and control by S.I.U. Supervisors. 532.2 CASE SCREENING SYSTEM: 532.2.1 GENERAL GUIDELINES: Copies of all reports which involve vice, drugs and organized crime shall be distributed to the Special Investigative Unit for processing. Supervisors of the S.I.U will be responsible for determining the initial degree of attention to be given to individual reports. Case assignments will be based on solvability factors such as time of occurrence, witnesses report of offense, confidential sources, usable fingerprints, and vehicle description, etc. Manpower availability and reasonable circumstances that would warrant the case being assigned shall also be considered. Cases shall be assigned to the appropriate detective(s). S.I.U. supervisors may assign specific types of investigations to a Detective who has been trained for a particular investigation, or, where the Detective has general experience with a particular type of investigation, i.e., skills, knowledge and abilities. (Note: Where a case pertains to those categories normally handled by the Criminal Investigative Division, those cases will be forwarded directly to the C.I.D. by the S.I.U. Supervisor). A. SELECTION OF CASES FOR ASSIGNMENT: Generally, the selection for initial case assignment shall be made as follows: 1. Major narcotics investigations. 2. Prescription fraud 3. Liquor license violations 4. Cases where the defendants suspected to be in possession of weapons. 5. All indictable crimes related to vice, drugs and organized crime. 6. Special circumstance cases (a case which does not meet the above but where there exists an administrative preference for continuing the case). B. CONTINUATION OF INVESTIGATIVE EFFORTS: A non-serious crime in which there are no solvability factors present may not be assigned for follow-up unless otherwise directed by the Chief Law Enforcement Officer (CLEO). For all other cases, investigative efforts will be inactivated (suspended) where leads or solvability factors no longer exist. If such factors fail to produce positive investigative leads within ninety (90) days, the investigation may be deemed inactive. Investigative leads, or solvability factors, include the following: 1. If an arrest was made. 2. If a suspect was named, described, or has a known location. 3. If a suspect vehicle was described, or license number known. 4. If there were any witnesses to crime. 5. If there were confidential sources. 6. If the suspect was photographed. 7. If there was significant evidence obtained. 8. If stolen property was identifiable. 9. If the crime scene was processed. 10. If the victim will or will not prosecute. 11. If unique MO factors were or were not present. 12. Other availability of investigative leads present, or lack thereof. 532.2.2 LEAD INVESTIGATOR: A single detective shall be designated as the primary criminal investigator for each case assigned. This does not preclude others from assisting but it does discourage the perfunctory assignment of personnel based on a system of case rotation, or a criteria-free system. A practice of assigning a single person as the “principle investigator” for each case shall be practiced. This too, does not preclude the assignment of more than one person to an investigation but is designed to place accountability for each case. A. WORKLOAD: S.I.U. supervisors shall evaluate the available resources used for follow-up investigations by each detective, their past and present workload, and the progress made on assigned cases. Workload evaluations shall be taken into consideration as cases are reviewed for assignment by the S.I.U. Supervisor. Workload/case evaluations will include the ongoing application of solvability and degree of seriousness factors. The purpose of such evaluations is to assess demands on operational resources as they relate to ongoing investigations and to ensure the effective and efficient handling of all cases within the S.I.U. 1. S.I.U. Supervisor shall maintain a log of cases assigned to each Detective. 532.3 CASE FILE MANAGEMENT: 532.3.1 CASE STATUS CONTROL SYSTEM: The S.I.U. Supervisor will oversee all aspects of the investigation and periodically obtain verbal updates concerning ongoing cases in order to effectively manage S.I.U. caseloads. The S.I.U. Supervisor is responsible for the overall accountability and maintenance of each S.I.U. case. An investigative case file will be initiated and maintained on all cases in which investigative activities are ongoing. Case files provide an immediate information resource to investigators. In no case should investigative case files contain the original case report (the original shall be maintained in the central records file.), including evidence(which will be forwarded to the Evidence custodians or evidence locker if the custodians are not available) . Copies of needed items i.e., photo arrays, pictures, etc. may be kept in the case file as needed A. CASE MANAGEMENT CONTROL FORM: The S.I.U. Supervisor shall ensure a Special Investigative Interoffice Report Form is completed for all cases assigned for investigation. The form will include information as to the types of investigative steps that have been taken on the investigation and would include the type of information to be found in the case file. B. S.I.U. CASE FILES: During ongoing investigations, detectives shall enter following the information and records into the investigative file: All statements, preliminary reports, crime scene log, vehicle and death reports, neighborhood canvas results, complaint, affidavit, copy of warrant, Miranda waiver, suspect narrative, arrest affidavit, search warrant or consent to search, photo line up, police department reports, medical examiner reports, crime lab reports, autopsy report, crime scene sketch, crime scene narrative, photo log, copy of request for 911 tape, 911 computer readout, teletype information, related reports, misc. information (driver's license check, fingerprints, subpoenas), news releases, news articles, and any other relevant information C. ADMINISTRATIVE DESIGNATORS: Detectives are responsible for returning their case file to the S.I.U. Supervisor upon completion of the investigation, or where the investigator feels the case can no longer be investigated. At a minimum the case file folder shall be returned after a period of 90 days to the S.I.U. Supervisor. The S.I.U. Supervisor shall be responsible for determining whether a certain case should be closed out or returned with comments for continued investigation. Cases shall be designated by the S.I.U. Supervisor as active, inactive, cleared by arrest, exceptionally cleared or unfounded. Circumstances which shall dictate case status shall include any reasonable circumstances that would warrant the case being assigned as follows: 1. Active Cases: Have been assigned and will require an update status review every thirty (30) days to remain active. 2. Inactive Cases: All cases assigned or not, which fail to meet a satisfactory conclusion within ninety (90) days, They may receive an extension. 3. Cleared by arrest: Cases where the suspect is arrested, charged with the commission of the offense, and turned over to the court for prosecution. 4. Exceptionally cleared: Cases where the identity of the suspect has definitely been established; there is enough information to support an arrest, charge, and prosecution; and the exact location of the suspect is known, but there are reasons beyond law enforcement control which prevent an arrest, charge, and/or prosecution. 5. Unfounded: Cases must show a false or baseless reported offense and it is determined that the crime did not occur. D. ACCESSIBILITY TO CASE FILES: Each detective should keep assigned active case files current and as up-todate as possible, and stored in an investigator's assigned administrative area in such a manner that, when off duty, the S.I.U. Supervisor or other detectives can find and refer to the case files, if required to do so. Case files may also, and only, be reviewed by the Chief Law Enforcement Officer (CLEO). All other sworn personnel must have permission from the S.I.U. Supervisor or CLEO to view a file. 1. Outside Agencies: Case files may be reviewed by investigators of the Middlesex County Prosecutor’s Office and other law enforcement agencies having a vested interest in the investigation. Any questions concerning the review of a case file should first be cleared through the S.I.U. Supervisor. E. PURGING FILES: Inactive case files will be stored in the office of the S.I.U. Supervisor for a period of ten years, after which they will be placed into archive. Inactive files will contain all materials associated with the case, excluding the following: 1. Original report and all original supplemental reports. 2. Original property and arrest reports. 3. Any information pertaining to confidential sources. 4. All statements. 5. Victim/witness forms. 6. Any other reports mandated by the state WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures CRIME PREVENTION Chapter: 550 Volume Five: Law Enforcement Operations Date(s): Authority General Order #: Effective: Dec. 4, 1997 Chief Wm. Trenery 97-017 Revised: July 2, 2004 Chief Wm. Trenery 04-003 Revised: Oct. 22, 2007 Chief Wm. Trenery 07-008 Revised: Dec. 5, 2011 Director R. Hubner 11-003 Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 45.1.1, 45.1.2 File #: 550-971 550-041 550-071 550-111 550.1 POLICY & PURPOSE: 550.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to establish viable Crime Prevention programs based upon an analysis of data which indicates the types of crimes that pose the greatest threat to the community and where criminal activities the most prevalent. 550.1.2 PURPOSE: The purpose of this policy is to address criminal activity in a proactive manner. Preventing crime demands an integrated, coordinated agency response. Therefore, for a Crime Prevention Function to meets its goals, it must maintain close ties with those other functions and agencies that support and make possible the furtherance of the Crime Prevention effort, to include the use of established community groups, and especially by the efforts of patrol officers engaged in field assignments. 550.2 CRIME PREVENTION PROGRAMS: 550.2.1 TARGETING PROGRAMS: Crime Prevention programs will be initiated based upon the following factors: A. CRIME ANALYSIS: Through an analysis of local crime data provided by the Crime Analysis Function, Crime Prevention programs will be targeted by crime type and geographical area. B. COMMUNITY PERCEPTIONS: Based upon an analysis of citizen contacts and surveys, Crime Prevention programs will be targeted to address community perceptions and misperceptions of crime. 550.2.2 ORGANIZING PROGRAMS: The Crime Prevention Function will assist in organizing Crime Prevention programs in residential and business areas targeted for such activity and shall maintain liaison with those groups, other interested community groups, and local public and private schools. A. PROGRAM TYPES: Crime Prevention Programs may include, but are not limited to the following: 1. Crime Watch a. Residential b. Commercial c. Marine 2. Security Survey & Counseling (Pre & Post Victimization) a. Residential b. Commercial c. Marine 3. Community Education Programs a. Speaking Engagements on Crime Prevention Related Programs & Activities b. School Liaison Programs c. Media Release of Crime Prevention Tips and Topics 1. Newspaper 2. Radio 3. Television d. Distributing/Posting Crime Prevention Literature 1. Municipal Building 2. Other public buildings 3. Private and commercial organizations. 4. Operation identification e. Personal and commercial property 550.2.3 PRE-CONSTRUCTION PROGRAMS: When granted the opportunity, the Crime Prevention Function will provide for Crime Prevention input into development and/or revision of zoning policies, building codes, fire codes, and residential/commercial building permits. 550.2.4 PROGRAM EVALUATION: On a periodic basis, the Crime Prevention Function shall evaluate the effectiveness of Crime Prevention Programs to decide whether each program should remain functioning as it is, be modified, or be discontinued. Said analysis shall be conducted once every three years. A. SCHOOL PROGRAM: The School Program shall be evaluated on an annual basis. Said analysis shall include both a qualitative and quantitative evaluation of each program, to determine whether a specific program should function as is, be modified or be discontinued. 550.3 SCHOOL PROGRAMS 550.3.1 SCHOOL LIAISON: An officer(s) will be assigned to act as school liaison officers. Said officers will be responsible for implementing school education programs aimed at reducing crime and criminal activity. School programs provide a forum through which students, parents, faculty, and law enforcement offices can become acquainted and, as a result, earn mutual respect. School programs also demonstrate to parents and faculty that the agency has a genuine interest in the community’s youth. A. SCHOOL VISITS: Visits to schools by liaison officer(s) shall be frequent, and at a minimum, at least once a week. Officers shall also be assigned to visit the same school on an ongoing basis so that students can come to recognize and identify with the same officer. 1. Liaison officers shall act as a resource with respect to delinquency prevention. 2. Liaison officers shall provide guidance on ethical issues in the classroom. 3. Where necessary, and in conjunction with school approval and supervision, provide individual counseling to students. 4. Liaison officers shall also explain the law enforcement role in society. 550.4 UTILIZATION OF AVAILABLE PROGRAMS 550.4.1 UTILIZATION OF AVAILABLE PROGRAMS: Citizens and police officers are encouraged to utilize all available programs. The Community Affairs Officer in the Office of the Police Director can be contacted for specifics on any of the listed programs. Any officer that wishes to participate in the programs should contact the Community Affairs officer through the proper chain of command. Ideas for implementing other programs should be brought to the attention of the Community Affairs officer. Program availability to citizens is limited to supplies available and officers available. A. SAFE AND SOUND PROGRAM: This program has been established to assist those who lose the ability to recognize familiar places and faces. Many People have trouble understanding or remembering their names, addresses, and even family members. Safe and Sound is a computer-based tracking system primarily designed to locate people with Alzheimer’s, Dementia, Autism, or the Mentally Challenged. This registry’s database is broadcasted over an internal “intranet” which contains information on physical features, distinguishing scars or tattoos, medical conditions, and names of family or friends to contact if located. It also provides a photograph of the missing person to every uniformed officer or detective in a police vehicle with a laptop computer. It is the Mission of the Woodbridge Police to expedite the return of your loved one and reduce stress on the family. It will also furnish officers with vital information during late night hours when a person is located or is reported missing. This Program is free of charge for all township residents. 1. Found Person(s): When an officer locates a person who is does not know their name and/or where s/he lives due to medical conditions a search of the Safe and Sound database should be performed. A search can be done with general descriptors, such as sex and race. 2. Missing Person(s): When an officer responds to a missing persons call and determines that due to a medical condition that person may be endangered, the investigating officer should request that the Community Affairs Unit in the Office of the Police Director immediately enter a photograph along with available information about the missing person into the Safe and Sound database to enable all patrols to have a picture of the missing person. 3. Program Expansion: Any township resident that inquires about the program will be advised of the basic concept and referred to the Community Affairs Unit in the Office of the Police Director for registration. When an officer interacts with citizens of Woodbridge and learns of a person with medical conditions listed above, the officer should advise the person(s) caregiver, guardian, or parent about the Safe and Sound program. B. NEIGHBORHOOD WATCH PROGRAM: This program is offered free to any neighborhood, regardless of size, including condo associations and apartment complexes. The residents are instructed in how to contact and communicate with the police department in reporting suspicious person. This program has helped create relationships with neighbors that would have normally never occurred. As a result the burglary rates may drop due to cooperation between neighbors and the police department. C. HOME SECURITY SURVEY: This program is offered to township residents free of charge. A complete survey of the crime prevention needs of their home and property will be provided. At the completion of the survey residents are provided with extra security measures to take to prevent criminal activity at their residence (i.e. deadbolts, trim shrubs, lighting etc). D. SAFETY LECTURES: The Community Affairs Unit has developed lectures, which were designed to keep the parents, teachers, and students informed on topics that could benefit all. Lectures have been developed on the following topics: Recruitment, Bicycle Safety, Crime Prevention, Bias and Hate Crimes, Violence & Bullying, In Service Training for Teacher, Search and Seizure. The programs have created a closer relationship between the police department and the adults and children of our community. The interaction with the Woodbridge Police Department has humanized the officers, by sending a message that they are approachable. Lectures developed specifically for seniors are Crime Prevention, Personal Safety, Scams, Home Surveys, Hiring of Care Takers, and information on the Woodbridge Township Department of Aging. The seniors are given the direct phone line of the Community Affairs Division to address future concerns. These programs have allowed seniors to gain information about telephone scams and safety procedures to follow when shopping at malls. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures COMMUNITY RELATIONS Chapter: 552 Volume Five: Law Enforcement Operations Date(s): Authority General Order #: Effective: Oct. 27, 1997 Chief Wm. Trenery 97-014 Revised: Sept. 28, 2001 Chief Wm. Trenery 01-005 Revised: April 23, 2004 Chief Wm. Trenery 04-002 Revised: Dec. 6, 2011 Director R. Hubner 11-003 Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 45.2.1, 45.2.2, 45.2.3, 45.2.4 File #: 552-971 552-011 552-041 552-111 552.1 POLICY & PURPOSE: 552.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to establish a formal Community Relations Function. It shall be the responsibility of each and every member of the department to work towards achieving quality relations with the community. All employees are to recognize that their individual and group conduct reflects upon the agency as a whole and are to interact with the community accordingly. Each employee is to be courteous and respectful to each and every citizen encountered. The first contact a citizen makes with the agency is critical in determining the agency's overall level of responsiveness and caring. Each initial contact, and all other subsequent contacts, shall be made in a genuine caring and understanding manner. Such behavior shall be part of each member’s responsibility toward furthering Community Relations. 552.1.2 PURPOSE: Without grass roots community support, successful enforcement of many laws can be difficult, if not impossible. A well organized community relations function is an effective means of eliciting public support. It serves to identify potential problems in the making, and fosters cooperative efforts in resolving community issues. Input from the community helps to ensure that agency policies accurately reflect the needs of the community. By establishing links with the community through a Community Relations Program, this department can learn about and address community issues before they become problems. By developing programs that increase the community’s understanding of the activities and role of this department, we can increase pubic confidence while lessening obstacles to implementing new programs and approaches that could fail for want of public understanding or accurate information. 552.2 COMMUNITY RELATIONS ACTIVITIES: 552.2.1 FUNCTIONAL RESPONSIBILITY: The Community Relations Function is comprised of the following components: A. COMMUNITY PARTNERSHIPS: A collaborative partnership between the law enforcement agency, the individuals, and organizations they serve to develop solutions to problems and increase trust in police. B. ORGANIZATIONAL TRANSFORMATION: Consisting of an alignment of organizational management, structure, personnel and information systems to support community partnerships and proactive problem solving. C. PROBLEM SOLVING: The process of engaging in the proactive and systematic examination of identified problems to develop and rigorously evaluate effective responses. D. TASKS: Community Relations will be responsible for the following: 1. Recruitment Plan: This plan for full-time sworn personnel will include the following elements; statement of objectives, a plan of action designed to achieve the objectives identified and procedures to evaluate the progress toward objectives every three years and to revise or reissue the plan as needed. 2. Equal Opportunity Plan: This plan is designed to ensure equal opportunity for employment and employment conditions for minority persons and women. The plan will be based on an annual analysis of this agency's present employment policies, practices and procedures. 3. Job Announcements and Recruitment Notices: To ensure job announcements are posted and made available to community service organizations and/or seek cooperative assistance from community organization key leaders. 4. Identity Crimes: To provide assistance to identity crime victims and to ensure information is made available to the public on the prevention of identity crimes. 5. Traffic Safety: To ensure that traffic safety educational materials are made available to the public. 6. Crime Prevention: Will provide for the following; targeting programs by crime type and geographic area on the basis of crime data, targeting programs to address community perceptions or misperceptions of crime, and conducing a documented evaluation of crime prevention programs at least once every three years. Community Relations will also assist in organizing crime prevention groups in residential and business areas and maintain liasion with these and other interested community groups. 7. Community Involvement: The community involvement function provides the following at a minimum; establishing liasion with existing community organizations or establishing community groups where they are needed, assisting in the development of community involvement policies for the agency, publicizing agency objectives, community problems and successes, conveying information transmitted from citizens's organizations to the agency, improving agency practices bearing on police community interaction, and developing problem oriented or community policing strategies. 8. Terrorism Awareness Information: Providing information regarding terrorism awareness to individuals and community organizations, both public and private. 9. Victim/Witness Assistance: To provide assistance to both victims and witnesses through services provided by agency personnel or by referring the victim/witness to services and assistance that are provided by other agencies and organizations. 552.2.2 EVENT ASSESSMENT REPORT: Any member of the Police Department who attends an event, meeting or function where the primary purpose is to perform a community relations function must document the event in the CAD system using CAD code 900-Community Service, and complete an Event Assessment Form. Completed Event Assessment forms are to be forward to the Community Affairs Unit. The Community Affairs unit will be responsible for maintaining a log of all Community events attended by department personnel. 552.2.3 REPORTING REQUIREMENTS: The Officer in Charge of the Community Relations Function shall be responsible for reporting quarterly to the Office of the Police Director on all matters related to the Community Relations Function. The purpose of the report is to provide information to the Director regarding conditions in the community to allow for this department to react in a timely manner to alleviate concerns and avert potential problems. A. QUARTERLY REPORTS: At a minimum, the quarterly reports shall contain the following information: 1. A description the current concerns voiced by the community. 2. A description of potential problems that have a bearing on the law enforcement activities within the community. 3. A statement of recommended actions that address the previously identified concerns and problems. 4. A statement of progress made toward addressing previously identified concerns and problems. 552.2.4 CITIZEN SURVEY: The Officer in Charge of the Community Relations Function shall be responsible for conducting a survey of citizen attitudes at a minimum of every three years. A written summary of the citizen survey will be provided to the Police Director. A. SURVEY CONTENTS: The survey shall elicit information concerning the following: 1. Overall agency performance. 2. Overall competence of agency employees. 3. Officer’s attitudes and behavior towards citizens. 4. Concern over safety and security within the agency’s service area. 5. Recommendations and suggesting for improvement. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures CIVILIAN OBSERVER PROGRAM Chapter: Volume Five: Law Enforcement Operations 553 Date(s): Authority Effective: 10-08-98 Chief Wm. Trenery Revised: 11-08-00 Chief Wm. Trenery Revised: 01-09-12 Director R. Hubner Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: General Order #: 98-022 00-003 11-003 File #: 553-981 553-001 553-121 553.1 POLICY & PURPOSE: 553.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to establish a Civilian Observer Program, which will allow citizens to ride with a police officer during a period of time within the officer’s normal tour of duty. 553.1.2 PURPOSE: The Woodbridge Township Police Department recognizes the public interest of the role of law enforcement officers in their daily interaction with the community. In order to provide an enhanced practical understanding of the broad spectrum of situations encountered by police officers on a routine basis, the Civilian Observer Program has been developed. This program is a broad based Community Relations Program to allow community members who express some relevant interest in law enforcement, as well as members of organizations and institutions that interact with the police department, an opportunity to participate in this program. Basically, this program allows an individual to ride with a police officer to observe his/her daily activities. 553.2 PROCEDURES: 553.2.1 APPLICANT REQUIREMENTS: Community members who express some relevant interest of Police/Public Administration, along with members of organizations or institutions that interact with the police department may apply to participate in the “Civilian Observer Program”. A. Minimum age requirement of an applicant is eighteen (18) years of age. B. Application to the Police Director must be made at least seven (7) days in advance. 553.2.2 ASSIGNMENTS: Permission to participate in the ride-along program may be granted by the Police Director or his designee. Subsequent to approval, the civilian observer will be assigned to ride with a police officer designated by the Radio Patrol Division Commander. In some circumstances, the civilian rider, with prior permission granted by the Police Director or his designee, may ride with the Criminal Investigation Division. A. GUIDELINES: Permission to ride as a civilian observer may be canceled by the Shift Commander for a valid reason. In the event a ride along is canceled, the applicant may be reassigned at the discretion of the Division Commander. 1. The tour assigned will be between 0800 hours and 2400 hours, any day of the week. 2. Generally, the duration of the ride-along will be for a two (2) hour period within a specified tour. 3. Normally, there will be (1) ride-along provided per applicant, with no repeats. 4. There will be only one (1) observer assigned to a vehicle, per tour. 5. When presenting him or herself at police headquarters on the assigned date to participate in this program, the observer shall possess identification sufficient to establish his/her identity. 553.2.3 PROHIBITED ACTIONS: Observers may not possess or use any recording device or camera while participating in this program. A. OTHER PROHIBITED ACTIONS: 1. Observers shall also not communicate with suspects or prisoners, and observers must remain silent at the scene of any criminal act, occurrence, arrest, or during the course of any police procedure. 2. In order to prevent the disruption of any police action observers shall not interfere in any manner or at any time with police officers. B. VIOLATIONS: Observers not adhering to the procedures set forth may be terminated from the program immediately. 553.2.4 FORMS: Prior to participation, the applicant will complete an application consisting of the applicant’s name, address, phone number, date of birth, age, social security number, occupation and date, along with acknowledging compliance with the rules of the “Civilian Observer Program”. A. LIABILITY RELEASE: The applicant must compete and sign the “Individual General Release of Liability” form. B. ASSUMPTION OF RISK: The applicant must complete and sign the “Assumption of Risk” form. 553.3.1 STUDENT/INTERNS: In addition to the above guidelines, interns will be required to comply with the following: A. Uniforms will be worn while working and will comply with the dress code requirements below. 1. Khaki Shirt (long sleeve) "Williamson Dickie" # 575A. No tie. Top Button may be open with white undershirt underneath. 2. Khaki Pants "Williamson Dickie" #874A 3. Accessories: Black belt, black shoes (plain toe style). B. Grooming standards will be maintained. 1. Hair will be neatly trimmed and groomed at all times 2. A mustache that is neatly trimmed may be worn but there will be no other facial hair allowed 3. Jewelry may be worn if it is not in excess 4. Earrings and other facial jewelry are not acceptable and will not be worn C. Equipment: A pen/pencil and a spiral notebook will be the only equipment needed for the assignment. D. Conduct: All students/interns will be required to sign a civilian observer (ride-along) release form prior to riding in a patrol vehicle. 1. All students/interns will be required to sign-in and sign-out each day on an attendance form provided exclusively for that student/intern. 2. Students/Interns must complete their required hourly commitment in order to receive a final evaluation. a. Evaluations will be based upon the students/interns attendance, attitude, punctuality, uniform maintenance, grooming, personal conduct and ability to perform assignments. 3. If a division is unable to provide training for a student/intern, the intern will be re-assigned to a division that will be able to accommodate the student/intern. 4. Student/Interns work hours will be between the hours of 0800 and 1600 hours and no student/intern will work past 1600 hours without the permission of the intern supervisor or his/her designee. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures SPECIAL OPERATIONS TEAM Chapter: 570 Volume Five: Law Enforcement Operations Date(s): Authority General Order #: File #: Effective: June 18, 1997 Chief Wm. Trenery 97-009 570-971 Revised: Sept. 28, 2001 Chief Wm. Trenery 01-005 570-011 Revised: May 21, 2002 Chief Wm. Trenery 02-002 570-021 Revised: April 23, 2004 Chief Wm. Trenery 04-002 570-041 Revised: Oct. 15, 2008 Chief Wm. Trenery 08-006 570-081 Revised: Feb. 25, 2009 Chief Wm. Trenery 09-001 570-091 Revised: Sept. 8, 2009 Chief Wm. Trenery 09-005 570-092 Revised: 03-22-11 Director R. Hubner 11-001 570-111 Revised: 02-14-12 Director R. Hubner 11-003 570-121 LEGAL REFERENCES: National Tactical Officers’ Association, International Association of Chiefs of Police, Middlesex County Prosecutor’s Office Directive #41. ACCREDITATION STANDARDS REFERENCES: 41.3.6, 46.1.4, 46.2.1, 46.2.2, 46.2.4 570.1 POLICY & PURPOSE: 570.1.1 POLICY: Recognizing that the presence of a highly trained, highly skilled police tactical unit has been shown to substantially reduce the risk of injury or loss of life to citizens, police officers and suspects; and recognizing that a well managed "team" response to critical incidents usually results in successful resolution of critical incidents, it is the policy of the Woodbridge Township Police Department to provide for a highly trained and highly skilled Special Operations Team and Crisis Negotiators to serve as a resource for the department in the response to, and handling of, critical incidents. The Middlesex County Prosecutor’s Office (MCPO) County Special Operations and Response Team (SORT) is available when, on occasion, the Woodbridge Township Police Department does not have the Special Operations Team available. 570.1.2 PURPOSE: The purpose of this policy is to establish guidelines for the Special Operations Team to supplement other agency operational components, to establish procedures for response to critical incidents hostage situations, barricaded subjects, sniper incidents, high risk apprehension, high risk warrant service, personnel protection, riot/civil disorder and special assignments based on a high level of threat), and to establish procedures for the cooperation and coordination of effort between all tactical teams and other operational components. The purpose of the Crisis Negotiator is to save lives and to resolve crisis incidents while attempting to avoid unnecessary risk to officers, citizens, victims and subjects. A Crisis Negotiator is available to respond to any crisis situation in Woodbridge Township. The method by which any crisis is resolved is ultimately determined by the subject’s behavior. However, standards of acceptability require that law enforcement agencies undertake all reasonable efforts to obtain a nonviolent resolution. This policy does not apply to Active Shooters (see SOP 549), which contradicts the philosophy of awaiting arrival of a Special Operations Team and requires immediate action and intervention by first responders. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures CONSENSUAL INTERCEPTION Chapter: 612 Volume Six: Operations Support Date(s): Authority General Order #: Effective: May 4, 1998 Chief Wm. Trenery 98-007 Revised: Sept. 1, 2011 Director R. Hubner 11-003 Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: N.J.S.A. 2A:156 a-1, et seq. ACCREDITATION STANDARDS REFERENCES: 43.1.5 File #: 612-981 612-111 612.1 POLICY & PURPOSE: 612.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to comply with the New Jersey Wiretapping and Electronic Surveillance Control Act concerning “Consensual Interceptions." 612.1.2 PURPOSE: Intelligence collection, processing and dissemination activities are an important function within any police agency. The purpose of this policy is to address the basic concerns of this department in carrying out the intelligence function related to the use of “Consensual Intercepts”. This policy will ensure that all intercepts are in accordance with state law, as well as ensuring that the information collected is limited to criminal conduct and conduct related to activities that present a threat to the community. 612.2 CONSENSUAL INTERCEPTS: 612.2.1 RESPONSIBILITY FOR CRIMINAL INTELLIGENCE FUNCTION: The Special Investigations Unit (SIU), shall be responsible for the control of the use of all “Consensual Intercepts” within the agency. The Chief Law Enforcement Officer (CLEO) shall oversee all matters relating to the same. 612.2.2 ENSURING LEGALITY AND INTEGRITY OF OPERATIONS: The gathering of intelligence information by any member of this agency shall be strictly limited to criminal conduct and related to activities that present a threat to the community. Nothing in this policy shall be interpreted as permitting or authorizing the collection of data for political or other purposes unrelated to crime. 612.2.3 INTELLIGENCE GATHERING: Electronic intelligence gathering is to be conducted as prescribed by law. Electronic monitoring must follow the New Jersey Wiretapping and Electronic Surveillance Control Act (N.J.S.A. 2A:156 a-1, et seq.). Whenever a police officer wants a non-police officer (e.g., victim, citizen and/or informant) to effect an interception, by having the non-police officer wear a transmitting or recording device, or where the non-police officer permits the police officer to listen in on a telephone conversation, the police officer must obtain the prior permission of the County Prosecutor. Third party consensual interception may expose a third party to the court process by making him/her a potential witness. A. PROCEDURES: Whenever it is necessary for the Special Investigations Unit to intercept a telephonic and/or oral communication, prior written permission must be obtained form the Middlesex County Prosecutor’s Office. The assigned investigator will complete the Consensual Intercept Authorization Request Form in its entirety, and upon approval of his/her supervisor, forward the report to the Prosecutor’s Office for authorization. 1. Where time factors prevent the obtaining of prior written authorization, and upon approval of the Officer in Charge, the assigned investigator will orally explain the request over the telephone to the assigned Assistant Prosecutor. 2. Once authorized, and as soon as practical after the interception has been completed, the assigned investigator will fill out the authorization form, indicating the prior approval of the Prosecutor and send it to the Prosecutor under confidential cover. 3. Concealed Transmitter and Recording Consent Form: Upon approval of the Prosecutor, the assigned detective will explain the form to the subject. The form will be signed by the subject, the assigned detective, and the supervisor overseeing the investigation. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures INTERNAL AFFAIRS Chapter: Volume Six: 620 Operations Support Date(s): Authority General Order #: File #: Effective: 3-31-98 Chief Wm. Trenery 98-004 620-971 Revised: 11-08-00 Chief Wm. Trenery 00-003 620-001 Revised: 2-08-02 Chief Wm. Trenery 02-001 620-021 Revised: May 13, 2003 Chief Wm. Trenery 03-004 620-031 Revised: 07-01-10 Chief Wm. Trenery 10-003 620-101 Revised: Revised: LEGAL REFERENCES: Attorney General of the State of NJ Directives, NJSA 40A:14-147et seq., NJAC 4A:2-2.4 & 4A:2-2.5. ACCREDITATION STANDARDS REFERENCES: Chapter 52,26.1.5, 26.1.7, 26.1.8 620.1 POLICY & PROCEDURES: 620.1.1 POLICY: It is the policy of this department to accept and investigate all complaints against this agency, or any agency employee, of alleged misconduct or wrong doing from any citizen or agency employee. Following a thorough and impartial examination of the available factual information, a determination will be rendered and where warranted, discipline shall be administered according to the degree of misconduct. Officers and employees, regardless of rank, shall be subject to disciplinary action for violating their oath and trust. Committing an offense punishable under the laws of the United States, the State of New Jersey, or Municipal Ordinances constitutes a violation of that oath and trust. Officers and employees are also subject to disciplinary action for failure, either willfully or through negligence or incompetence, to perform the duties of their rank or assignment. In addition, they may be disciplined for a violation of any rule and regulation of the department or for failure to obey any lawful instruction, order, or command of a superior officer or supervisor. Disciplinary action in all matters will be determined based upon the merits of each case. It shall also be the policy of this department that any officer assigned to conduct an investigation into any allegation of misconduct strive to conduct a thorough and objective investigation without violating the rights of the accused officer/employee or any other police officer/employee. Accordingly, all supervisors and any other officer(s) who may be called upon to do an Internal Investigation must be thoroughly familiar with the department's entire Internal Affairs policy, including the protection of the accused officer's/employee’s rights and the procedures for properly investigating Internal Affairs complaints. It should be noted that prevention is the primary means of reducing and controlling misconduct. To that end, it is also the policy of this agency to discover and correct organizational conditions which permit acts of misconduct to occur. Special emphasis is placed on recruitment, selection and training of officers and supervisors, community outreach, and the analysis of misconduct complaints and subsequent outcomes. Also, the term “officer” stated herein, shall include the employees under the purview of the Police Department including, all regular sworn officers, Special I Officers, Auxiliary Police Officers and civilian employees. 620.1.2 PURPOSE: This agency is committed to providing law enforcement services that are fair, effective and impartially applied. Toward that end, officers are held to the highest standards of official conduct and are expected to respect the rights of all citizens. Adherence to these standards, motivated by a moral and professional obligation to perform their job to the best of their ability, is the ultimate objective of this agency. The effectiveness of a law enforcement agency is dependent upon public approval and acceptance of police authority. The department must be responsive to the community by providing formal procedures for the processing of complaints from the public regarding agency and individual employee performance. The purpose of this policy is to oversee and improve the quality of police services. Citizen confidence in the integrity of the police department increases through the establishment of meaningful and effective complaint procedures. This confidence engenders community support for the police department. Improving the relationship between the police and the citizens they serve facilitates cooperation vital to the department's ability to achieve its goals. An effective disciplinary framework also permits police officials to monitor employee compliance with departmental policies and procedures. Adherence to established policies and procedures assists officers in meeting department objectives while a monitoring system permits managers to identify problem areas requiring increased training or direction. Finally, this policy will ensure fairness and due process protection to citizens and officers alike. The discipline process shall be used to identify and correct unclear or inappropriate agency procedures. In addition, it will highlight organizational conditions that may contribute to any misconduct, such as poor recruitment and selection procedures or inadequate training and supervision of officers. 620.2 ADMINISTRATION: 620.2.1 COMPOSITION OF THE INTERNAL AFFAIRS FUNCTION: The Internal Affairs function shall consist of those members of the department as shall be assigned by the Chief of Police. Personnel assigned to the Internal Affairs function shall serve at the pleasure of, and be directly responsible to, the Chief of Police. 620.2.2 CHAIN OF COMMAND: The Internal Affairs Commanding Officer is responsible for the Internal Affairs Function. The Internal Affairs Commanding Officer reports directly to the Chief of Police or his designee, on all matters related to the Internal Affairs Function. A. Other Personnel: All other personnel assigned to the Internal Affairs Function shall report directly to the Internal Affairs Commanding Officer through the established Internal Affairs Unit chain of command. 620.2.3 DUTIES AND RESPONSIBILITIES: The Internal Affairs Unit is responsible for the investigation of all allegations/complaints of misconduct by members of this department, as well as, any other matter as identified herein. In addition, the Internal Affairs Function is responsible for the review of all complaints of misconduct, to include those identified as minor infractions. A. Misconduct is defined as: 1. Commission of a crime or an offense, or 2. Violation of departmental rules and regulations, or 3. Conduct which adversely reflects upon the employee or the department. 4. Excessive force 5. Improper or unjust arrest 6. Improper or unjustified search(s) or entry(s) 7. Complaints of differential treatment or demeanor of a serious nature. 8. Repeated minor rule and/or policy infractions. B. Other Matters: 1. Internal Affairs shall be responsible for the coordination of investigations involving the discharge of firearms, both on and off duty, by department personnel (See S.O.P. 131). 2. Internal Affairs shall be responsible for any other investigation as directed by the Police Chief or his designee. 3. Internal Affairs Officers may conduct an Internal Affairs investigation on their own initiative upon notice to the Internal Affairs Commanding Officer, or at the direction of the Police Chief or Internal Affairs Commander. 4. If an officer from another agency is involved in a domestic violence incident investigated by this agency, Internal Affairs shall be responsible for notifying the involved officer’s agency of the incident. 620.2.4 AUTHORITY: Internal Affairs members, or officers temporarily assigned to that function, shall have the authority to interview any member of the department and to review any record or report of the department relative to their assignment. Requests from Internal Affairs personnel, in furtherance of their duties and responsibilities, shall be given full cooperation and compliance as though the requests came directly from the Chief of Police. 620.2.5 RECORDS: The Internal Affairs Commanding Officer shall maintain a comprehensive central file on all complaints against the agency or its employees, whether investigated by Internal Affairs or assigned to the officer's supervisor for investigation and disposition. The confidentiality of these records shall be protected by maintaining same in a secure central file, which shall be located in a secure area. The files shall be clearly marked as "Confidential" A. Access to Records: Only members of the Internal Affairs Unit, the Internal Affairs Commanding Officer, the Chief of Police or his designee, shall have access to the Internal Affairs confidential records file. 620.2.6 STATISTICAL SUMMARIES: The Internal Affairs Unit shall prepare quarterly reports that summarize the nature and disposition of all misconduct complaints received by the agency for submission to the Police Chief. Copies of the Internal Affairs report shall be distributed to all command and supervisory personnel, the County Prosecutor's Office, the Business Administrator, as well as a designated representative of PBA Local 38 and the Supervisors Officers Association (SOA). Recommendations shall be made for corrective action for any developing pattern(s) of abuse. A. Annual Summary: An annual report summarizing the types of complaints received and the dispositions of the complaints, shall be made available to agency employees, by posting same in a location accessible to all agency personnel and to members of the public upon their request. The names of complainants and accused officers shall not be published in this report. 620.2.7 REPORTING INFORMATION MADE AVAILABLE: All personnel shall, upon request by anyone, make full information available on the procedures to be followed in registering complaints against the agency or its employees. This would include requests for information from an officer, against whom the citizen desires to lodge a complaint. 620.2.8 REGISTERING & ACCEPTING COMPLAINTS: No department employee will cause any delay in, or discourage the reporting of, any complaint to this or any other agency. COMPLAINTS SHALL BE ACCEPTED BY SUPERVISORY PERSONNEL WHENEVER POSSIBLE, HOWEVER, IF NO SUPERVISORY PERSONNEL ARE AVAILABLE, COMPLAINTS SHALL BE ACCEPTED BY ANY POLICE OFFICER. AT NO TIME SHOULD A COMPLAINANT BE TOLD TO RETURN IN ORDER TO REPORT A COMPLAINT REGARDING POLICE OFFICER CONDUCT. All Department personnel are directed to accept reports of employee misconduct from all persons who wish to file a complaint regardless of the hour of day, or day of the week. Citizens are to be encouraged to submit their complaints in person as soon after the incident as possible. If the complainant cannot file the report in person, where practical a department representative shall visit the individual, (except in minor complaints) at his/her home, place of business or at another location, in order to complete the report. Minor complaints may be taken over the telephone or submitted through the mail. A. Availability Of IA: Serious or criminal complainants shall be referred to the Internal Affairs Unit directly, whenever possible, if an IA officer is immediately available. If an IA officer is not immediately available, all supervisory personnel are directed to accept the reported complaint of officer misconduct. If an IA officer or a supervisor is not available, a police officer shall accept the complaint and if appropriate follow procedures outlined in 620.2.9 herein. B. The Officer Receiving The Complaint: The officer receiving the complaint will provide the person making the complaint with a fact sheet, which serves as a verification receipt that the complaint has been received for processing, explaining the department's disciplinary procedures, and advising the complainant that they will be kept informed of the status of the complaint. This further ensures both periodic status reports and notifications of the results of the investigation upon its conclusion. The receiving officer shall also: 1. Complete the Internal Affairs Report Form according to the instructions provided. 2. Have the complainant hand write and sign their own statement whenever possible. 3. Submit the completed form(s) to the Division Commander or his designee. C. Complaints Not Accepted In Person: Where the situation is such that a complainant is not issued a verification receipt of the complaint, the IA function shall ensure this procedure is completed in a timely manner upon receipt of the case. D. Anonymous Complaints: All department personnel are directed to accept reports of officer misconduct from anonymous sources. If the anonymous complainant is talking to an officer, the officer should encourage the complainant to submit his/her complaint in person. In any case, the complaint will be accepted. In the case of an anonymous complaint, the officer accepting the complaint shall complete as much of the Internal Affairs Report Form as he/she can with the information provided. 620.2.9 NOTIFICATION TO CHIEF OF POLICE: Anytime a complaint is made against the agency or one of its employees, the Chief of Police shall be informed as follows: A. Crimes: For all allegations of criminal activity (i.e., first through fourth degree crimes), the duty Shift Commander, or Internal Affairs Commanding Officer, shall immediately notify the Chief of Police, or in his absence, the Deputy Chief of Police and the Middlesex County Prosecutor’s Office, if an arrest of the officer has been or will be made. B. Disorderly Persons Offenses: For all disorderly persons offenses where the officer is a defendant subjected to a Domestic Violence Restraining Order, the duty Shift Commander, or Internal Affairs Commanding Officer, shall immediately notify the Chief of Police. All other allegations shall be reported to the Chief of Police on the next business day. C. Media Attention: Where the media has expressed an interest in alleged misconduct of the agency or one of its officers, the duty Shift Commander shall immediately notify the Chief of Police, or in his absence, the Deputy Chief of Police. D. All Other: Where the Shift Commander or Internal Affairs Commanding Officer feels an immediate notification is necessary for the effective and efficient operation of the department, he/she shall make an immediate notification to the Chief of Police, or in his absence, the Deputy Chief of Police. Otherwise, all other notifications shall be made on the next business day. 620.2.10 STATUS REPORTS (COMPLAINANT): The assigned IA Investigating Officer shall provide, at a minimum, bimonthly status reports to complainants concerning the progress of IA Investigations, unless the release of information would jeopardize an ongoing investigation. 620.2.11 TIME LIMIT FOR COMPLETING INVESTIGATIONS: All Internal Affairs Investigations will adhere to NJSA 40A:14-147 (amended), which requires that complaints must be filed no later than the forty-fifth (45th) day following the date on which the department has developed sufficient information to file such charges against an officer. A. General Requirement: The Internal Affairs Commanding Officer shall ensure all Internal Affairs investigations are completed within the forty-five (45) day time frame to allow for the filing of formal charges, if necessary. B. Extensions: In cases involving criminal activity, the forty-five (45) day time period does not start until the final disposition of any criminal proceedings, arising out of the incident against the accused officer. 620.3 INTERNAL AFFAIRS INVESTIGATIONS: 620.3.1 MINOR COMPLAINTS: Complaints of differential treatment, demeanor and all minor rule and policy infractions, shall be forwarded to the accused officer's Commanding Officer. The Commanding Officer shall require the officer's supervisor, if other than the supervisor receiving the initial complaint, to investigate the allegation(s) of misconduct. The supervisor investigating the complaint shall interview the complainant, all witnesses and the accused officer, as well as review relevant reports, activity sheets/logs or dispatcher’s reports. For each investigation, the supervisor shall then submit a report to his/her Commanding Officer summarizing the matter, indicating his/her findings and the corresponding appropriate disposition. A. Appropriate Dispositions (Conclusion of Fact): Possible dispositions include the following: 1. Sustained: The investigation disclosed sufficient evidence to prove the allegation. If the complaint is sustained, the Commanding Officer shall confer with IA to determine the appropriate disciplinary action. If the action is no more than a written reprimand, a summary of the complaint and notification of the disciplinary action taken, shall be forwarded to The Internal Affairs Unit. If, however, the Commander determines that the matter is of a serious nature it should be forwarded to the Internal Affairs Unit for further investigation, review, and entry into the index filing system, with a copy provided to the Police Chief. 2. Exonerated: The alleged incident did occur, but the actions of the officer were justified, legal and proper. If the accused officer's supervisor determines the disposition of the complaint is exonerated, and the Commanding Officer concurs, the investigation report is to be forwarded to the Internal Affairs Unit for review, and entry into the index filing system. 3. Not Sustained: The investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation. If the accused officer's supervisor determines the disposition of the complaint is not sustained, and the Commanding Officer concurs or there is insufficient information to conduct a meaningful investigation, the investigation report is to be forwarded to the Internal Affairs Unit for review, and entry into the index filing system. 4. Unfounded: The alleged incident did not occur. If the accused officer's supervisor determines the disposition of the complaint is unfounded, and the Commanding Officer concurs, the investigation report is to be forwarded to the Internal Affairs Unit for review, and entry into the index filing system. 5. Not Involved: The alleged incident did occur, but the officer was not involved in the allegation of misconduct, the investigation report is to be forwarded to the Internal Affairs Unit for review, and entry into the index filing system. 6. Policy Failure: There is no law, policy or departmental order that addresses the allegation, the investigation report is to be forwarded to the Internal Affairs Unit for review, and entry into the index filing system. B. Notification to Complainant: Upon final disposition of the complaint, notification shall be made to the complainant and noted on the preliminary complaint form. The notification explaining the outcome of the investigation shall be made by the Officer’s Commanding Officer or his designee. C. Disciplinary Action for Minor Complaints: 1. Oral Reprimands or Performance Notices: a. When an oral reprimand or a performance notice is given, the officer or employee shall be advised, by the investigating supervisor or supervisor giving the oral reprimand, that documentation of the oral reprimand will be kept by the issuing supervisor (a necessary record for progressive discipline) or a performance notice will be completed and forwarded to his/her Division Commander. b. The investigating supervisor or supervisor giving the reprimand, shall complete an oral reprimand report or a performance notice in duplicate, forwarding the original to his/her Division Commander for review. If approved, the second copy shall be given to the Officer being disciplined. c. The Commanding Officer shall review the report and either approve or disapprove the report, in writing, noting the action(s) taken. If disapproved, the Commander shall provide recommendations as to what action, if any, is to be taken by the supervisor. d. Upon approving the oral reprimand or performance notice, the Commanding Officer will forward the report, to be placed in the officer's file in the Internal Affairs Unit. 2. Written Reprimands: a. When a written reprimand is given, the Commanding Officer giving such reprimand, shall advise the subject officer of such and shall complete a letter of written reprimand in duplicate. b. The Police Chief shall review the reprimand and either approve or disapprove the reprimand, in writing. If disapproved, the Police Chief shall direct what action(s), if any, are to be taken. c. Upon final approval, one copy of the reprimand is to be provided to the officer or employee being disciplined. The original copy of the reprimand, together with any supporting documentation, shall be provided to the Internal Affairs Unit for permanent filing. 620.3.2 ALL OTHER COMPLAINTS: Excluding minor complaints, all other complaints shall be forwarded to the Internal Affairs Unit through the officer’s Division Commander. The Commanding Officer shall forward the Internal Affairs investigation form together with any supporting documentation. The Internal Affairs Commander or Police Chief shall direct such further investigation as deemed appropriate. A. Notification To Officer: In cases not involving allegations of criminal conduct, the accused officer shall be notified of the complaint once preliminary investigative data has been gathered. Internal Affairs shall serve the suspect officer with the Internal Affairs Investigation Notification Form unless the nature of the investigation requires secrecy. 1. Notification Contents: At a minimum, this notification shall contain a written statement of the allegations and the officer’s rights and responsibilities to the investigation. B. Investigative Activity: The Internal Affairs Investigator shall interview the complainant, all witnesses and the accused officer, as well as review relevant reports, activity sheets/logs, and dispatcher’s reports and obtain necessary information and materials, such as: 1. Physical evidence. 2. Statements or interviews from all witnesses. Criminal Investigation Administrative Investigation Officer is subject Officer is witness C. D. E. F. G. Prosecutor notification Treat as any other defendant Miranda warning No Garrity warning unless prosecutor approves May require routine business reports No special reports Right to counsel (attorney) Obligation to cooperate No Miranda warning Witness acknowledgement form No right to a representative Obligation to cooperate Administrative interview form May require special reports Cannot charge as a subterfuge Right to representative Obligation to cooperate Witness acknowledgement form No right to representative 3. Statements or interviews from all parties of specialized interest, such as Doctors, Employers, Lawyers, Teachers, Legal Advisors, Parents, etc. 4. Investigative aids, such as the various reports, activity sheets/logs, complaint forms and dispatcher’s reports. Possible Criminal Activity: Where preliminary investigative data indicates the possibility of a criminal act on the part of the accused officer or the investigation involves the use of force by the officer, which results in serious bodily injury or death, the County Prosecutor shall be notified immediately. No further action shall be taken, including the filing of charges against the officer, until directed by the County Prosecutor. Interviewing The Subject Officer. 1. The Internal Affairs Investigator shall schedule an interview with the officer. 2. One person of the officer's choosing may attend the interview session. 3. In investigations of criminal allegations, it may be inappropriate for a union representative to be present. However, the officer shall be given the opportunity to consult with a union representative. The officer may be represented by either counsel or a union representative, but not both. 4. Before questioning begins, the investigator shall inform the subject officer of: a. The nature of the complaint. b. The name and rank of the person in charge of the investigation, the name and rank of the officer conducting the questioning, and the names and ranks of all persons who will be present during the questioning. 5. Questioning sessions may be audio or video recorded. 6. If at any time during the questioning session the officer becomes a suspect in a criminal act, the officer shall be so informed and given “miranda” warnings, after which questioning may continue. The case will then be referred to the County Prosecutor promptly. Conclusion Of Fact: Upon completion of all possible avenues of inquiry, the Internal Affairs Investigator shall submit a report to the Internal Affairs Commanding Officer summarizing the matter and indicating the appropriate disposition. Possible dispositions are as defined in Section 620.3.1(A) of this policy. Internal Affairs Investigation Disposition Recommendation Report: Complete and forward the completed form through each level of the Internal Affairs chain of command for review. Each level may provide written recommendations and comment for consideration by the Police Chief. 1. Upon completion of its investigation with a finding of exonerated, not sustained, or unfounded, and upon the final approval of the Chief of Police, Internal Affairs shall notify the subject officer in writing of the investigation and of the recommended disposition. Formal Charges: If the complaint is sustained and it is determined that formal charges should be preferred, the Police Chief shall direct either the Commanding Officer or Internal Affairs to prepare, sign and serve charges upon the accused officer or employee. The Division Commander, or Internal Affairs, as directed, shall prepare the formal notice of charges and hearing on the charging form. Such notice shall be prepared and served upon the officer charged in accordance with N.J.S.A. 40:14-147 et seq. In addition, the officer shall be served with a Preliminary Notice of Disciplinary Action pursuant to N.J.A.C. 4A:2-2.5. 1. The notice of charges and hearing shall direct that the officer charged may remain mute, enter a plea of guilty or not guilty, in writing, on or before the date set forth in the notice for entry of plea. Such date for entry of plea shall be set within a reasonable time, within five (5) days after the date of service of the charges. 2. If the officer charged enters a plea of guilty, the Police Chief shall permit the officer to present factors in mitigation prior to assessing a penalty. 3. Conclusions of fact and the penalty imposed will be noted in the officer's personnel file after he has been given an opportunity to read and sign it. Internal Affairs will cause the penalty to be carried out and complete all required forms. 620.3.3 EVIDENTIARY MATERIALS: An officer may be required to submit to any of the following, at the agency’s expense, when such examination is specifically directed and narrowly related to a particular Internal Affairs investigation being conducted by this agency. A. Material Types: 1. Medical or Laboratory Examinations: Submit to medical or laboratory examinations, to include the taking of samples of hair, saliva, blood, breath and urine, as may be required as part of an internal affairs investigation. 2. Photographs, voice recordings and handwriting samples may be taken of officers. 3. An officer may be directed to participate in a lineup. 4. An officer may be required to submit financial disclosure statements. 620.3.4 INSTRUMENTS FOR THE DETECTION OF DECEPTION: No employee or officer, during the course of an internal affairs investigation, shall be compelled to submit to a polygraph examination as a condition of his employment. Employees or officers in response to complaints or allegations of misconduct may voluntarily submit to a stipulated or non-stipulated polygraph examination. However, the employee or officer must be advised of his/her legal right to refuse the examination and that he/she shall have the right to be represented by legal counsel prior to the examination. 620.4 HEARINGS: 620.4.1 GENERAL REQUIREMENTS: If the investigation or interrogation of the law enforcement officer results in the recommendation of some action, such as demotion, dismissal, transfer, loss of pay, reassignment or similar action which would be considered a punitive measure, then, before taking such action, the law enforcement agency shall give notice to the law enforcement officer that he is entitled to a hearing pursuant to the Department of Personnel/Civil Service Rules and Regulations and other State Statutes that may be applicable. Upon written notice of a request for a hearing from the accused officer, the Police Chief or the Hearing Officer will set the date for the hearing not less than ten (10) nor more than thirty (30) days from the date of service of the complainant, unless otherwise agreed. The hearing shall be held before the appropriate authority or the appropriate authority's designee. A. Preparations for the Hearing: Internal Affairs shall be responsible for, or to assist, the assigned Commander or Prosecutor in the preparation of the department's prosecution of the charges. This includes proper notification of all witnesses and preparing all documentary and physical evidence for presentation at the hearing. B. Powers of the Hearing Officer: The Hearing Officer is empowered to sustain, modify in whole or in part, or dismiss the charges stated in the complaint. The decision of the Hearing Officer shall be in writing and shall be accompanied by findings of fact for each issue in the case. 1. The Hearing Officer will fix any of the following punishments which it deems appropriate under the circumstances: a. Counseling and/or Training b. Oral Reprimand or Performance Notice Letter of Reprimand c. Fine in accordance with N.J.A.C. 4A:2-2.4. d. Suspension without pay. e. Disciplinary demotion. f. Removal from service. C. Final Decision: A copy of the decision or order and accompanying findings and conclusions shall be delivered to the officer or employee who was the subject of the hearing and to the Police Chief if he was not the Hearing Officer. 1. Upon completion of the hearing, Internal Affairs will complete all required forms including the Final Notice of Disciplinary Action and entry of the disposition in the index file. 2. If the charges were sustained, Internal Affairs will cause the penalty to be carried out. The report shall be permanently placed in the officer's or employee's personnel file. D. Waiver of rights or appeal of discharges: If an officer or employee waives his right to a local hearing, then any punishment or penalty may be imposed immediately by the Chief of Police, or his designee, or the appropriate authority, after reviewing the investigation file. Any appeal by the employee, of the penalty or punishment, will not delay the imposition of the penalty or punishment. 620.5 CONFIDENTIALITY: 620.5.1 GENERAL REQUIREMENTS: The progress of Internal Affairs investigations and all supporting materials are considered "Confidential" information. Upon completing a case, Internal Affairs will enter the disposition in the index file. The contents of internal investigation case files will be retained in the Internal Affairs Unit. The files shall be clearly marked as "Confidential". A. Release of Information: Only the Chief of Police or his designee is empowered to release publicly the details of an Internal Investigation or Disciplinary Action. 1. The subject officer may authorize the release of copies of formal disciplinary charges and their outcome to any third party. B. Influencing or Interfering with an Internal Affairs Investigation: No employee or officer shall influence, interfere, or attempt to influence or interfere with an Internal Affairs Investigation. This shall include, but not be limited to, contacting the complainant(s) or any witnesses once the complaint has been received and a preliminary investigation form completed. 620.6 RELIEF FROM DUTY PENDING DISPOSITION OR INVESTIGATION: 620.6.1 EMERGENCY SUSPENSION: The ability to relieve an officer from duty is extended to all supervisory levels. A. Circumstances: A supervisor, Division Commander or Chief may immediately suspend an officer from duty, if they determine that one of the following circumstances exist: 1. The officer is unfit for duty; or 2. The officer is a hazard to any person if permitted to remain on the job; or 3. An immediate suspension is necessary to maintain safety, health, order or effective direction of public services; or 4. The officer has been formally charged with a crime of the first, second, or third degree, or a crime of the fourth degree on the job or directly related to the job. B. Procedural Requirements: The supervisor imposing the immediate suspension must: 1. Advise the officer either orally or in writing of why an immediate suspension is sought and advise the officer of the charges and general evidence in support of the charges; 2. If the officer refuses to accept the oral or written notification of immediate suspension, the notification shall be given to a representative of the officer's collective bargaining unit. 3. Advise his immediate supervisor in writing of the suspension and the facts and circumstances requiring the suspension. 4. Instruct the officer to contact the Office of the Police Chief at the beginning of the next business day for an appointment. C. Filing of Charges: Within five (5) days of the suspension, the department must complete and file formal charges against the suspended officer. 1. Provide the officer with sufficient opportunity to review the charges and the evidence, and allow the officer to respond either orally or in writing at the department's discretion. 620.6.2 ADMINISTRATIVE REASSIGNMENT: In cases involving the use of force which result in death or serious bodily injury, the officer shall be reassigned to Administrative Duty, pending the outcome of the investigation, unless the officer is suspended as discussed in 620.6.1. This reassignment is subject to change by the Chief of Police. 620.7 REPORTING RESPONSIBILITIES BY INVOLVED EMPLOYEE 620.7.1 EMPLOYEE NOTIFICATION TO AGENCY: When any officer or member of the Woodbridge Police Department has been charged with an offense, crime, disorderly person, petty disorderly person charge, local ordinance violation, or received a motor vehicle summons, or has been personally involved in a domestic violence incident he or she must notify the Chief of Police through the chain of command. Members and employees knowing of other members or employees violating laws, ordinances, or rules of the Department, or disobeying orders, shall report same verbally and/or in writing to the Chief of Police through official channels. If the member or employee believes the information is of such gravity that it must be brought to the immediate personal attention of the Chief of Police, official channels may be bypassed. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures TAPE RECORDING EMPLOYEES Chapter: 622 Volume Six: Operations Support Date(s): Authority General Order #: Effective: Dec. 4, 1997 Chief Wm. Trenery 97-017 Revised: Sept. 1, 2011 Director R. Hubner 11-003 Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: Attorney General Guidelines Re: Consensual Interceptions ACCREDITATION STANDARDS REFERENCES: File #: 622-971 622-111 622.1 POLICY & PROCEDURES: 622.1.1 POLICY: It is the policy of this department to respect the rights of privacy of all agency employees concerning the tape recording or conversations. 622.1.2 PURPOSE: This purpose of this policy is to establish guidelines to ensure the rights of privacy of all employees are protected. 622.2 GENERAL GUIDELINES: 622.2.1 PROHIBITIONS: No employee of the Woodbridge Police Department shall make any electronic recording of any other person without having the prior written consent of the individual or individuals to be recorded. 622.2.2 INTERNAL AFFAIRS: Officers assigned to an official police investigation or to an internal affairs investigation are required only to get prior approval of the Chief Law Enforcement Officer (CLEO) or his designee. 622.2.3 VIOLATIONS: Any employee found to be in violation of this order shall be subject to strict disciplinary action. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures MOBILE VIDEO RECORDING EQUIPMENT Chapter: 624 Volume Six: Operations Support Date(s): Authority General Order #: Effective: Sept. 28, 2001 Chief Wm. Trenery 01-005 Revised: Nov. 25, 2002 Chief Wm. Trenery 02-004 Revised: 02-21-06 Chief Wm. Trenery 06-003 Revised: 04-07-08 Chief Wm. Trenery 08-003 Revised: 12-10-09 Chief Wm. Trenery 09-008 Revised: 02-21-12 Director R. Hubner 11-003 Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 41.3.8 File #: 624-011 624-021 624-061 624-081 624-091 624-121 624.1 POLICY, PURPOSE AND GENERAL PROVISIONS: 624.1.1 POLICY: Mobile Video Recording (MVR) equipment has been demonstrated to be of great value in providing protection to police officers and the agency. It also benefits the public at large. MVR records information related to motorist contacts and other patrol related activities. Additionally, this equipment will provide valuable instructional material that can be utilized for in-service training programs. While visual and audio evidence may be captured on the recordings, the use of MVR is not intended to document all evidentiary material relevant to court or administrative proceedings, but it can serve to supplement the officer’s senses and eyewitness account. It is the policy of this department to utilize this technology to its fullest extent. All members shall only use this equipment consistent with this directive. Officers using MVR equipment consistent with this policy will not be in violation of SOP 622.2.1. 624.1.2 PURPOSE: The purpose of this directive is to establish the policy and procedures for the proper use of the mobile video recording equipment by members of this department. 624.1.3 GENERAL PROVISIONS: A. MVR provides protection to officers against frivolous complaints. B. MVR augments the department’s ability to evaluate its basic police practices and procedures and interactions between its members and the general public. C. The agency has the opportunity to positively impact on an officer’s individual interpersonal skills by reviewing their behavior as they interact with members of the public. D. MVR enhances the agency’s ability to train members in proper police procedures. E. MVR provides accurate documentation of events, actions, conditions and statements made during arrests or other incidents, and to corroborate investigations. F. MVR provides accurate documentation for possible criminal prosecution of persons making purposeful and willful false claims against police officers. G. No officer shall be subject to criticism for the proper exercise of lawful discretion in traffic enforcement matters. 624.2 PROCEDURES: 624.2.1 PRE-OPERATION PROCEDURES: A. Officers assigned to vehicles with MVR equipment installed shall not use the equipment until they have received training in its proper use and are familiar with this directive. B. Supervisors shall ensure that the MVR equipment is operated in accordance with this directive. C. Personnel assigned to MVR equipped vehicles shall ensure that all preoperational checks are performed in accordance with provided training. D. Operational problems with the MVR equipment shall be reported immediately to a Supervisor for corrective action. MVR equipment shall only be repaired or adjusted at the direction of a Supervisor. E. Damaged MVR equipment shall be reported immediately to the Shift Commander. The Shift Commander, or his/her designee, shall ensure that the Operations and Planning Division is notified about the damage. F. Installation, removal or repairs to any of the MVR equipment shall only be performed under the direction of the Operations and Planning Division Commander or his/her designee. G. An inoperable or damaged MVR system will not result in the automatic deadlining of a vehicle for repair. The Shift Commander, or his/her designee, shall first determine if another MVR equipped vehicle is available. If so, the Shift Commander, or his/her designee, should assign the officer to this other MVR equipped vehicle. If not, the vehicle with the non-operating MVR can still be used for patrol purposes. H. Officers shall wear the department issued microphone. The microphone will be attached to the outermost garment in the area of the chest. The microphone transmitter shall be worn on the officer’s duty belt in the issued carrying case. 624.2.2 OPERATIONAL PROCEDURES: A. At the beginning of each shift, officers shall determine whether their MVR equipment is working satisfactorily. Any problems with the MVR system shall be brought to the attention of their immediate Supervisor. B. Officers shall operate the MVR equipment consistent with this directive, user’s guide, and provided training. C. The MVR equipment is programmed to automatically begin recording when the police car’s emergency lights are activated, when the wireless microphone is turned on, or the vehicle is operated at 80 MPH or more. Video recording may not completely document events as they occur. Therefore, officers are encouraged to provide narration as the events are occurring. D. Officers may manually activate the MVR by depressing the “Record” button located in the police vehicle or on the ON/OFF switch located on the belt microphone transmitter. This feature permits a recording to be made without alerting the potential violator with emergency lights. E. When leaving a detainee in the rear seat and there is no police officer in the vehicle you must shut off the audio recording. This is done by pressing the RECORD button, while a recording is being made. The “M3” display will go off. The officer will reactivate the audio when re-entering the vehicle. Press RECORD again and the audio recording will begin again and “M3” will be displayed on the screen. F. When transporting a prisoner or citizen the video camera will be activated. The vehicles are equipped with rear cameras. G. Officers who capture evidence or critical incidents on video shall bring it to the attention of the Shift Commander, or his/her designee. H. In instances when the MVR has documented an event that is criminal in nature involving loss of life, serious injury, or catastrophic property damage, the officer(s) recording the incident shall not deactivate the recording. The MVR shall continue recording the incident until the incident is over or the on-scene Police Supervisor makes the decision to deactivate the MVR. I. Officers using MVR equipped police vehicles shall record the following incidents whenever possible. This recording may require manual activation based on the circumstances. This list is not intended to be all inclusive: 1. Traffic related motor vehicle stops; 2. Criminal related motor vehicle stops; 3. Vehicle pursuits; 4. Incidents that an officer feels should be documented; 5. Any applicable special operation as determined by a Supervisor. This could include strikes, pickets, demonstrations, etc. 6. When an officer reasonably believes a citizen contact may become adversarial or have evidentiary value; 7. Whenever directed to do so by a supervisor. J. Officers shall not deactivate the MVR until the incident has been resolved or the officer is no longer required for incident investigation. K. Supervisors responsibilities include: 1. Ensure that all personnel adhere to the tenets of this directive; 2. Ensure that the MVR equipment is being fully and properly used; 3. Identify material or incidents that may be appropriate for training; 4. Document requests for repairs, maintenance or replacement for non-functioning MVR equipment; 624.2.3 BASIC OPERATION: A. B. C. D. E. F. G. H. I. Turn on the car Synchronize the microphone The system will constantly record a 30 second video only loop. After 31 seconds the 1st second is dumped etc. When the system is activated the 30 second loop is saved and the audio is now being recorded The system is activated five ways: 1. When the emergency lights are activated 2. Remote activation by the officer’s microphone button 3. When the vehicle is traveling in excess of 80 MPH 4. When the system is activated manually in the car without activating the overhead lights. 5. When the vehicle is in an accident, the crash sensor will start the recording. The system will record until it is manually shut off by the officer An officer can review his stops in his car The squad supervisors can review his officer’s activity in HQ. This is good for accurate report writing and when a complaint is received. When the radio car comes to HQ the recordings are automatically downloaded 624.2.4 MVR MICROPHONE TRANSMITTERS: A. The MVR microphone transmitters are battery operated devices that synchronize with the video recording device. Each day the officers must synchronize their microphone with that car. This is done at the start of their shift and at double up. Each Radio Patrol Officer will be assigned a microphone and charger. Spare units will be kept in the shift commander’s office and must be signed out for use. Officers are responsible for keeping the microphone charged and for reporting any equipment problems to the Operations and Planning Division. 624.2.5 RETENTION: A. Videos are considered business records of this department. Except for videos being stored for criminal, civil or administrative proceedings, or evidentiary purposes, videos shall be retained for a minimum period of thirty (30) days. B. MVR videos that are being stored for criminal, civil, or administrative purposes are to be processed and submitted to the evidence function as outlined in SOP 872.2.2. Videos entered in to the evidence system are subject to the New Jersey Rules of Evidence and are subject to discovery, R. 3:13-3 et. seq. and R. 7:4-2 et. seq. C. MVR videos being stored for criminal, civil, or administrative purposes must be maintained until the conclusion of the case. MVR videos maintained for these purposes can only be erased or destroyed in accordance with New Jersey Bureau of Archives, Record Retention Schedule. D. All videos that capture vehicular pursuits are to be processed and submitted to the evidence function as outlined in SOP 872.2.2. This is regardless of pursuit outcome. MVR videos of all pursuit incidents shall be retained for a minimum of 5 years pursuant to the New Jersey Bureau of Archives, Record Retention Schedule. 624.2.6 REVIEW: A. The Chief Law Enforcement Officer (CLEO) or his/her designee may conduct random reviews of MVR videos to assess the training needs of the department and to ensure compliance with current safety precautions. B. Supervisors of all ranks are encouraged to conduct random reviews of MVR videos to augment the formal performance evaluation process, to identify training needs or to use for formal officer training. C. Officers are entitled to review MVR videos depicting their own activity to evaluate their own performance. D. The Police Director, Deputy Police Director and any supervisor are entitled to view any MVR recording. E. Requests for copies of MVR videos shall require a Subpoena Duces Tecum or requested under the Rules for Discovery. All requests must contain the requisite specificity for the incident or event. Only that portion of the video pertinent to the request shall be forwarded. All requests for copies or review of MVR videos are subject to the fee requirements of the prevailing Municipal Ordinance. F. Requests for copies of the entire contents of an MVR video or videos shall only be provided upon issuance of an order by a Superior Court Judge. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures INSPECTIONAL SERVICES Chapter: 630 Volume Six: Operations Support Date(s): Authority General Order #: Effective: 04-24-97 Chief Wm. Trenery 97-005 Revised: 02-21-12 Director R. Hubner 11-003 Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 53.1.1 File #: 630-971 630-121 630.1 POLICY & PURPOSE: 630.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to utilize a system of line and staff inspections as a method of evaluating and improving the overall operational efficiency of the department and agency employees. Line and staff inspections shall follow prescribed procedures and shall be conducted on a formal and informal basis by supervisory personnel. The successful operation of the department rests with those who are responsible for supervising and overseeing the various components and functions within the department. It is imperative that all supervisory officers pay particular attention to the details of all agency operations and personnel. 630.1.2 PURPOSE: This directive is designed to describe the inspectional processes, which are to take place within the Woodbridge Township Police Department on a continuous basis. The purpose of a system of inspections is to improve the overall performance of the agency and its members, improve operational efficiency, and to enhance professional status. All inspection efforts will be directed towards these objectives. All supervisory personnel within the police department have a special duty and responsibility to ensure that all facets of the police department's daily and long term operations are meeting the minimum standards which have been established for the department. Inspections and management control are necessary tools to ascertain whether agency policies, procedures, rules and regulations are adequate and are being adhered to. Inspections help determine if agency resources are sufficient and are being used properly, and to evaluate the general performance of all personnel, recognizing commendable performance and correcting any and all behavior and performance which is deemed inappropriate or unacceptable. 630.2 SUPERVISORY AUTHORITY: 630.2.1 ROLE OF SUPERVISORS: Supervisors, especially first line supervisors, are critical in the inspectional and disciplinary process. First line supervisors have the best opportunity to observe the conduct, performance, and appearance of officers and to detect those instances when commendable performance is to be recognized and where disciplinary action is to be initiated (remedial training, counseling, or punishment). First line supervisors also have the opportunity to understand the personality traits of the personnel under their supervision and to determine the most effective methods of recognition and discipline. 630.2.2 RESPONSIBILITY AND AUTHORITY: All supervisors, regardless of level, division or command, have the responsibility, authority, and official policy mandate to act on all matters regarding the recognition of commendable employee performance, and the intervention into unbecoming or improper conduct, actions, behavior, or use of equipment and/or facilities which are observed or brought to their attention. 630.3 LINE INSPECTIONS: 630.3.1 PROCEDURES: Line inspections are an ongoing activity and shall be practiced at each level of command. By a process of continual visual observation and inquiry, through both informal and formal methods, all supervisors are to determine whether members of their command possess a working knowledge of the law and are performing their duties in accordance with departmental directives. Supervisors are required, and expected, to examine and inspect the work, behavior, and usage of equipment/facilities by their subordinates for compliance with agency objectives. A. DIVISION COMMANDERS: Division Commanders are responsible for conducting line inspections through direct visual observation of members and areas under their command. This responsibility includes attendance at roll call inspections, and overseeing formal vehicle inspections, equipment and facility inspections, inspection of work and work related outputs, and inspection to supervisory attention to punctuality, appearance, and behavior of subordinate employees. B. LIEUTENANT, SERGEANTS, AND OTHER SUPERVISORY EMPLOYEES: These members shall make careful inspections of their subordinates through direct visual observation to insure they are properly uniformed, equipped, fit for duty, and are performing in accordance with agency expectations and objectives. 1. Line supervisory members who have direct authority and responsibility for the operation of a specific component or activity will conduct line inspections as directed or scheduled. In addition, they will monitor the activities of subordinates to determine if duties, services to the public, orders, and instructions are being promptly, efficiently, and effectively performed. Line supervisory members may interview complainants to insure that citizens are receiving proper attention and an appropriate, and expected, level of service and performance by agency employees. 630.3.2 FREQUENCY OF INSPECTION: A. INFORMAL INSPECTIONS: Informal line inspections are a continuous process which occur each and every time supervisory personnel oversee and inspect personnel, equipment, or facilities; observe activity; and review work products. B. FORMAL INSPECTIONS: Formal line inspections shall be scheduled (see policy appendix, section 630.5) to determine if members continuously maintain a satisfactory level of efficiency in compliance with department directives and to ensure all facilities and equipment are maintained in a satisfactory condition and in an operational state of readiness. These inspections will be conducted in an open and forthright manner. Identified deficiencies will be brought to the attention of the members involved so appropriate corrections can be made. 630.3.3 CORRECTION OF CONDITIONS: Supervisory personnel will conduct inspections fairly and impartially. Regardless of function or assignment, all supervisors who encounter behavior or situations, which are deemed inappropriate, are to take those measures necessary to correct the inappropriate behavior or condition immediately. Measures may include the immediate stoppage of inappropriate behavior, instructing an employee on the proper methods or actions required to complete a task or activity, or any other action or directive necessary to correct the condition found. Whenever a situation exists which is either beyond the supervisor's capability to rectify or would be considered inappropriate for action on the part of that supervisor, he or she has an obligation to refer the matter to appropriate authority without unnecessary delay. If the behavior or situation is sufficiently grievous, the supervisor shall be responsible for taking the appropriate administrative action as outlined within agency rules and regulations. Under no circumstances may a supervisor overlook infractions of department regulations, or conditions, which are considered inappropriate or unlawful. 630.3.4 INSPECTIONS WHICH REQUIRE A WRITTEN REPORT: A. INFORMAL INSPECTIONS: Informal Line Inspections performed by supervisory members during routine operations do not usually require written reports. Their intent is to serve as a tool to ensure compliance with department policies, rules and procedures, maintenance of uniforms and equipment. Where a deficiency, or commendable action/behavior, is of such magnitude that either follow-up action would be required on the part of the employee's supervisor, or where the action/behavior should be brought to the attention of higher authority, an administrative memorandum will be required. A written report shall be completed by the supervisor noting the deficiency/commendable action and shall be sent through the chain of command to the appropriate Division Commander who is responsible for the noted employee. B. FORMAL INSPECTIONS: Formal inspections typically require a written report or the completion of an inspection form. The required written reports are delineated in the appendix of this policy (630.5). 630.3.5 FOLLOW-UP PROCEDURES: Whenever supervisory personnel take or recommend corrective action, and where the deficiency cannot be corrected immediately, he/she shall specify a deadline when the infraction or deficiency is to be rectified. If the supervisor is not empowered to take corrective steps, it does not relieve that supervisor of his/her responsibility to notify the subject employee's supervisor. If the supervisor is also not able to provide for follow-up inspection, then it is that supervisor's responsibility to ensure other supervisory personnel will complete the follow-up inspection. Once corrective action is taken, a memorandum shall be forwarded to the appropriate supervisor. Upon receipt of such notice of corrective action being taken, an inspection may be indicated to confirm the corrective action. 630.4 STAFF INSPECTIONS: 630.4.1 GENERAL REQUIREMENTS: The Staff Inspection is a management tool used to assure the Police Director that administrative procedures are being adhered to. The role of staff inspections is to promote an objective review of agency facilities, property, equipment, personnel, and administrative and operational activities outside of the normal supervisory and line inspection procedures and chain of command. Staff inspections are conducted for the purpose of providing specific information to the Police Director, which details the overall operation and activities of the department and its personnel. The Staff Inspections Function is to be overseen, and directed by, the Deputy Police Director. A. TRIENNIAL REVIEW: The Deputy Police Director shall ensure a staff inspection is conducted, at a minimum, at least every three years within all organizational components. 1. Organizational Components: A bureau, division, section, unit or position that is established and staffed on a full time basis to provide a specific function. 630.4.2 PROCEDURES: Staff inspections may be carried out directly by, or under the general supervision of, the Chief Law Enforcement Officer (CLEO). Assignments related to staff inspections shall be determined by the Deputy Police Director. As a general rule, personnel who normally are involved in the daily operations or activities to be inspected will not be part of the staff inspection assignment (or team, if necessary). Nor will an employee of lesser rank be assigned to inspect a function or area of higher authority. Personnel assigned to the staff inspection will provide for an independent and critical review of the operations and activities of the target area for the purpose of ensuring that there is compliance with agency directives. Those assigned areas of inspectional responsibility may conduct the inspection without prior notification to the personnel staffing that section. 630.4.3 AUTHORITY AND IDENTITY: Those assigned to an area of inspectional responsibility will be identified by the Deputy Police Director through written memorandum, which will empower the assigned personnel to act with the authority of the Deputy Police Director for all matters directly, and narrowly related to the staff inspection process. 630.4.4 WRITTEN REPORT: A written report will be prepared by the assigned member which shall identify any deficiencies noted during the staff inspection, and shall include recommendations for their improvement and/or correction. This report shall also include the positive aspects of the area under inspection and any commendable or outstanding performance. This report shall be completed in a timely fashion, or by the date specified, and be forwarded to the Deputy Police Director. A. FOLLOW-UP INSPECTION: Upon review of the report, the Deputy Police Director shall provide a copy of the report to the Commanding officer of the area inspected, with instructions for correcting any noted deficiency, as well as, any comments concerning outstanding performance or capabilities. The Deputy Police Director will specify a deadline for compliance and then will insure a re-inspection is completed of the areas noted as deficient (those which could not be corrected immediately during the initial inspection). The re-inspection shall be documented and attached to the original inspection report. 630.5 APPENDIX OF FORMAL INSPECTIONS AREA Armorer Inspect & Approve Weapon Cash Funds Accounting Independent Fiscal Audit Stored Equipment Inspection Patrol Vehicle Equipment Unusual Occurrence Equipment Agency Wide Staff Inspection Pre-Prisoner Transport Cell block Fire Equip. Inspection Cell block Fire Equip. Testing FREQUENCY OF INSPECTION REPORT REQUIRED? Before Carrying Yes Q A M D,M M Triennial Each Shift/Trans. W SA Yes Yes Yes Yes,Yes Yes Yes No Yes Yes Cell block Fire System Inspection Cell block Fire System Testing Cell block Security Cell block Sanitation Cell block First Aid Kit Cell block Population Count Detainee Property Communications Generator Evidence Custodian Inspection Evidence Custodian Transfer Evidence Staff Inspection Evidence Unannounced Audit D M W W W 8 Hours Each W M Each A Irregular Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures PUBLIC INFORMATION Chapter: 640 Volume Six: Operations Support Date(s): Authority General Order #: File #: Effective: April 24,1997 Chief Wm. Trenery 97-005 640-971 Revised: June 5, 1998 Chief Wm. Trenery 98-012 640-981 Revised: 01-10-12 Director R. Hubner 11-003 640-121 Revised: Revised: Revised: Revised: LEGAL REFERENCES: Executive Order 123 (1985), Woodbridge Township Rules and Regulations ACCREDITATION STANDARDS REFERENCES: 41.2.5,46.1.2, 46.1.4, 54.1.1, 54.1.2, 54.1.3, 55.1.3 640.1 POLICY & PURPOSE: 640.1.1 POLICY: It is the policy of this department to cooperate fully and impartially with authorized news media representatives in their efforts to gather factual, public information pertaining to activities of the department, as long as these activities do not unduly interfere with departmental operations, infringe upon individual rights, or violate the law. 640.1.2 PURPOSE: The intent of this policy is to establish agency accountability in writing for the public information function. Its purpose is to establish the guidelines under which the department will release information to the news media and the general public. Furthermore, this policy shall ensure that this agency meets the requirements established by law regarding the release of public information without violating those provisions outlined within Executive Order No. 123 (1985). To operate effectively and efficiently, this agency must have the support and cooperation of the community. With this in mind, the goal of the public information function will be to obtain this support through the development and maintenance of a positive relationship of mutual trust, cooperation, and respect with the news media, and the community, by providing them with accurate and timely information on events that affect the lives of citizens in the community and on the department's administration and operations. While maintaining the privacy rights of individuals and the integrity of criminal investigations, authorized personnel, as outlined within this policy, will be expected to release public information with openness and candor. The department is committed to informing the community and the news media of events within the public domain that are handled by, or involves, the police department. 640.1.3 DEFINITIONS: A. PUBLIC INFORMATION: Information that may be of interest to the general public regarding policy, procedures, or events involving the department or otherwise newsworthy information that is not legally protected, which does not unduly interfere with the mission of the department, infringe upon the rights of a defendant, or compromise the legitimate safety and privacy interests of officers, victims, witnesses, or others. B. NEWS MEDIA REPRESENTATIVES: Official news media personnel are those individuals who are directly employed by agencies of the electronic or print media, such as radio, television, and newspapers. All official representatives of the news media carry their credentials in the form a Press Card issued by the New Jersey State Police. Freelance workers in the this field are to be regarded as other members of the general public unless otherwise designated by the Police Director. C. PUBLIC INFORMATION OFFICERS (PIO’s): The department's Public Information Officers are responsible for handling the department's public information function and acts as the official spokesman for the department in conducting and maintaining liaison with the news media, to serve as a central source of information for release by the department, and to respond to requests for information by the news media and the community. Authorized agency PIO’s are as follows: 1. Police Director 2. Deputy Police Director 3. Chief Law Enforcement Officer (CLEO) 4. Or designee 640.2 PUBLIC INFORMATION FUNCTION: 640.2.1 GENERAL REQUIREMENTS: The Public Information Function of the department is overseen and coordinated by the Office of the Police Director. The Police Director will act as the primary departmental Public Information Officer (PIO). The PIO (or his designees, as outlined within this policy) will be responsible for supplying all information to the media and will be available for following activities: A. B. C. D. E. F. G. H. Assist news personnel in covering news stories at the scene of incidents. Be available for on-call responses to the news media. Prepare and distribute agency news releases. Arrange for, and assist at news conferences. Coordinate and authorize the release of information about victims, witnesses and suspects. Assist in crisis situations within the agency. Coordinate and authorize the release of information concerning confidential agency investigations and operations. Develop procedures for releasing information when other public service agencies are involved in a mutual effort. 640.3 RELEASE OF INFORMATION: 640.3.1 PROMPT RELEASE OF INFORMATION: Executive Order #123 (1985) ensures the timely access of the public and the press to information of potential public interest. Its intent is to allow for the release of information as soon as practicable. Specifically, information is to be released immediately, except in those circumstances specifically excused from immediate release, as outlined within this policy. Information shall be released to the media as promptly as circumstances allow, without partiality and in an objective a manner as possible. A. LIMITATIONS & PROHIBITIONS: Officers contacted by the media shall refer all inquiries to the Office of the Police Director or other identified PIO personnel. Unless specifically outlined within this policy, no member of the department is authorized to provide information, or offer personal opinions or comments to the media without prior approval from the Police Director or his designee on any matter of potential public interest. 1. Current or Past Investigations: Unless authorized by the Police Director or his designee, no member of the Woodbridge Township Police Department, whether civilian or sworn, may release information as to current, past, or confidential agency investigations and operations which are being or have been handled by this agency. 2. Internal Investigations: All information relating to the internal investigation of police officers shall not be released by anyone without the express permission of the Police Director. However, nothing in this policy precludes any member of this department from replying to charges of misconduct that are publicly made against him or her. 3. Joint Investigations: In cases of joint investigations, to include the Middlesex County Prosecutor’s Office, Medical Examiners Office, State or Federal Law Enforcement Agencies, all media inquiries are to be referred to, and coordinated by, the agency having primary jurisdiction over the investigation, unless a media release is specifically authorized by the Police Director or his designee. 4. Fire Investigations: All inquiries for information concerning fire investigations of a non-suspicious nature are to be referred to the Fire Chief. Those investigations involving arson or suspected arson shall be referred to the agency having primary jurisdiction over the investigation. Initial dispatch information, to include the location and extent of the fire may be released by the Shift Commander. B. WHEN THE PIO’s ARE UNAVAILABLE: All media releases will be handled by the Shift Commander only. These releases shall be limited to ongoing or just recently concluded events. Comments shall be limited to the facts of each event. Inquiries involving departmental policy, suspected cause of incidents, etc., shall be referred to the Police Director or other designated PIO. 1. When requested, the Police Director(or his designee) shall be available for on-call responses to the news media. Upon notification, the Director will review the nature of the request and may assign appropriate personnel as deemed necessary. 640.3.2 PRESS RELEASE PROCEDURES: The investigation of an event may attract media coverage, therefore it will be necessary to prepare press releases for timely release to the media. These events may include the following: A. EVENTS ASSOCIATED WITH TRAFFIC CONGESTION: Any event which may impact upon the normal flow of traffic, such as motor vehicle accidents, road closings, adverse weather conditions, etc., can be released to the news media without the direct approval from the Police Director or his designee. Officers who may prepare and release traffic advisory warnings are Communications Officers and Traffic Safety Officers, with the approval of the Shift Commander. Patrol Supervisors and the Shift Commanders are authorized to prepare and release Traffic Information. B. EVENTS ASSOCIATED WITH COMMUNITY AFFAIRS AND CRIME PREVENTION: Officers related to these functions may prepare and release information to the media which pertains directly to programs and activities associated with their assignment, upon the approval of the Police Director, or his designee. C. WIDE MEDIA COVERAGE OF AN INVESTIGATION OR EVENT: Whenever a major criminal investigation, sensational event, man made or natural disaster, high profile bias crime, or crisis within the agency attracts wide news media coverage, the Shift Commander shall notify the Division Commander, who will then notify the CLEO and Police Director as soon as possible. It shall be the responsibility of the notified official to arrange for the preparation of a news release for distribution to the media, as well as, arranging for a possible news conference as outlined below. 1. Distribution of News Release: Typically, news releases are to be faxed to the appropriate news service, with information included in the release concerning a contact person for any additional information, as may be required. 2. News Conference - Police Headquarters: If numerous news media personnel are at Headquarters, or if a news conference is called, the Shift Commander shall ensure all news personnel and their equipment are directed to an approved site in the Municipal Building. The Shift Commander may assign an officer to the site or main hallway of police headquarters, if necessary, to control access to Police Headquarters. The Police Director, or his designee, shall prepare for the news conference in a timely manner. 3. News Conference - Other Locations: The Shift Commander shall assign an officer to prepare an area for use as a press conference location. Press conferences shall be conducted away from the immediate area or scene of the incident. Preferably, the site should have telephonic communications available to the releasing official and for the media. There should also be sufficient space to accommodate those who wish to be in attendance. Whenever a press conference is called, some general guidelines which should be kept in mind, as follows: a. NOTHING is "off the record". Generally, if information is given out in the presence of media people, expect to see it again no matter in what context it was given out. b. Do not guess, speculate, or answer hypothetical questions. c. Clearly indicate when it is inappropriate to comment on certain matters. d. Be thoroughly briefed on the incident for which you are releasing information. e. Never disclose information which is prohibited by either Executive Order #123 or as outlined by the Attorney General's Office or Middlesex County Prosecutor's Office. f. If possible, have someone present who is completely familiar with the operation or situation. g. If information is not available at the time of the press conference, clearly indicate that fact in your statement. h. If it appears the news conference is going to span over a prolonged period of time, tables should be setup for the purpose of updating media people on a regular basis in scheduled time slots. 640.4 NEWS MEDIA ACCESS: 640.4.1 CRIME SCENES: At no time will a news reporter or photographer be allowed to enter the perimeter of a crime scene. The news media shall not interfere with any officer conducting an investigation. The scene of incidents are to be considered ongoing investigations and the release of information at the scene is strictly limited to only the information outlined within this policy. However, departmental personnel should extend every “reasonable” courtesy to news media representatives at crime scenes. This may include closer access to personnel and equipment than is available to the general public. The amount of access shall be balanced with the needs of the investigation to the degree that such access does not interfere with the police mission, the movement of traffic, or the involvement of other safety issues. A. PHOTOGRAPHS: Photographs of crime scenes by the media are strictly prohibited. Where crime scenes are in the pubic view and where discretion is required, the officer in charge of the scene shall establish a perimeter which creates an inability to photograph the crime scene by as much as is physically possible. Once evidence has been processed, removed, and secured by the department, the media may be allowed to enter by permission of the Commanding Officer of Investigations, or his designee. B. CONTROL OF THE SCENE: The Officer in Charge of the investigation may assign an officer(s) to provide perimeter security to the scene of any crime scene where such need is indicated. The size of the security contingent shall depend upon the nature and scope of the criminal investigation. The Officer in Charge shall keep in mind the need to protect the scene from tampering, as well as, to provide for the general safety and well being of the public. Any officer encountering any interference on the part of a news media representative or other unauthorized personnel shall warn such individual to cease. 1. Authorized Personnel: Once a perimeter has been established, the officer(s) providing for security of the scene shall only allow authorized personnel who have a direct need to access the scene to enter. These may include other law enforcement personnel and emergency services personnel. Entering to “sight see” on the part of law enforcement personnel or emergency services personnel is not authorized. 640.4.2 MAJOR FIRES, NATURAL DISASTERS OR OTHER CATASTROPHIC EVENTS: At no time will a news reporter be allowed to enter the perimeter of a scene involving a major fire, natural disaster or other catastrophic event. As with crime scenes, the officer in charge of the scene may find it necessary to assign a security contingent in order to control access to the scene. Control may need to be established not only for the news media, but for curious onlookers, for the prevention of looting, and for the general safety and protection of the public at large. (See emergency management guidelines for related information concerning this issue). All officers encountering any interference on the part of a news media representative at such a scene shall warn such individual to cease. A. PHOTOGRAPHS: Photographs will only be allowed at fire scenes, natural and man made disasters, motor vehicle accidents, etc., where such activity will not hinder any ongoing criminal investigation. In consultation with the Fire Chief, the Officer in Charge may establish an observation point from which the media may observe and photograph the incident. At the discretion of the Fire Chief, an inner perimeter may be established for the media from which to record the event. 640.4.3 WRITTEN DOCUMENTATION, PHOTOGRAPHS & OTHER INFORMATION: Information about victims, witness’ and suspects shall be strictly controlled by the Police Director, Chief Law Enforcement Officer (CLEO) and other designated PIO’s. Coordination of the release of such information is strictly limited to the Police Director, CLEO and designated PIO’s. Certain records and information are deemed not to be public records and therefore are not available for examination or copying. These include Fingerprints, cards, negatives and photographs, and similar criminal investigation records. Police reports are not to be photocopied and given out. A. OTHER INFORMATION WHICH MAY NOT BE RELEASED: Other information, such as all Juvenile Records, all Criminal History Information Records, and the names of victims of sex crimes are not to be released under any circumstances. Additionally, the following information is restricted. 1. The name of a victim of a crime or fatal accident, where there has been no notification of next of kin, shall not be released until the proper notifications have been made 2. Any information that may compromise the safety of an individual or investigation. 3. Identity, statement, or expected testimony of any witness or victim. 4. Any information pertaining to a defendants prior arrest record, character or reputation. 5. Existence or contents of any confession, admission, or statement of a defendant or his/her failure or unwillingness to make a statement; 6. Performance or results of any tests, or a defendant's refusal or failure to submit to tests such as a polygraph. 7. The results of any investigation procedure such as lineups, or other procedures (the fact that these tests have been performed may be revealed without further comment). 8. No opinion shall be given by any employee of the department as to the guilt or innocence of the accused, nor any opinion, knowledge, or speculation of the potential for a plea bargain or other pretrial action. 9. Any information received from other law enforcement agencies without that agency's concurrence in releasing such information. 10. Information which, if prematurely released, may interfere with the investigation or apprehension such as the nature of leads, specifics of a “Modus Operandi” details of the crime known only to the perpetrator and the police, or information that may cause the suspect to flee or more effectively avoid apprehension. 11. Information that may be of evidentiary value in criminal proceedings. 12. Specific cause of death, unless officially determined by the medical examiner. 13. The home address or telephone number of any member of the police department. B. INFORMATION WHICH MAY BE RELEASED: The following information may be released by the Public Information Officer unless such information will hamper an ongoing police investigation: 1. The Defendants name; age; residence; occupation; and marital status. 2. Unsolved crime information such as type of crime; time; location; and type of weapon, if any. 3. Circumstances: All those, including but not limited to, time and place of arrest; resistance and pursuit, if any; nature and use of weapons; identity of investigating and arresting officers and their agencies including duration of the investigation. (Exception: the name of any undercover officer will not be released). 4. The defendants bail amount, conditions of, and whether or not it was posted. 5. Under special circumstances, when an individual is charged with a criminal offense and is sought by law enforcement authorities, photographs or mug shots may be released to the media to help locate the individual. No departmental photographs, mug shots, videotape, film, or composites of subjects in custody shall otherwise be released to the media unless authorized by the Police Director or his designee. C. OTHER CRITERIA CONTROLLING RELEASE OF INFORMATION: Before providing information to the news media or responding to inquiries from media representatives, the following police requirements will be carefully considered: 1. The necessity to prevent interference with, or hampering of a police investigation. 2. The necessity to preserve evidence. 3. The necessity to protect the safety of the victims or witnesses of the crime. 4. The necessity to protect the identity of informants. 5. The necessity to successfully apprehend the perpetrators of a crime. 6. The necessity to protect the constitutional rights of persons accused of a crime. 7. The necessity to avoid prejudicial pretrial publicity; and 8. The necessity to preserve the privacy for certain victims and witnesses. 640.5 CHANGES IN POLICIES AND PROCEDURES: 640.5.1 GENERAL REQUIREMENTS: It will be the policy of this department to allow media representatives to participate in the process of developing polices and procedures relating to the public information function in order to lead to a more effective working relationship between this agency and the media. At times, where policy changes may impact upon the media, the Police Director will invite selected local news media person(s) to discuss, and provide input into, the agency’s Public Information policy. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures VICTIM/WITNESS SERVICES Chapter: 650 Volume Six: Operations Support Date(s): Authority General Order #: File #: Effective: 04-15-97 Chief Wm. Trenery 97-004 650-971 Revised: 12-16-05 Chief Wm. Trenery 05-004 650-051 Revised: 03-23-06 Chief Wm. Trenery 06-004 650-061 Revised: 03-26-12 Director R. Hubner 11-003 650-121 Revised: Revised: Revised: LEGAL REFERENCES: Guidelines Issued by the Attorney General, State of New Jersey, N.J.S.A. 52:17B-97 and 52:4B-44a and b. ACCREDITATION STANDARDS REFERENCES: Chapter 55 (All), 74.4.1 650.1 POLICY & PURPOSE: 650.1.1 POLICY: It shall be the policy of this agency that all officers and employees of this department shall treat any victim or witness of a crime with fairness, compassion and dignity. This department is committed to cooperating fully with the Middlesex County Prosecutor’s Office victim/witness assistance program, as well as, to maintain strict compliance with guidelines issued by the Attorney General of the State of New Jersey concerning victim/witness rights. 650.1.2 PURPOSE: The purpose of this policy is to govern the implementation and delivery of victim/witness services by agency personnel. Furthermore, compliance with standards (to include those issued by the Attorney General, the County Prosecutor, and the Commission on Accreditation for Law Enforcement Agencies, Inc.) will enhance this agency’s ability to make quality arrests - those that survive to plea or trial. Research findings over time and across jurisdictions consistently indicate that a major cause of case attrition after arrest, but before plea or trial, is witnessrelated problems. Similarly, research suggests that the probability of conviction increases markedly as the number of cooperative witnesses increases. If victims and other witnesses are subjected to what they consider poor treatment, they can be expected to offer something less than wholehearted cooperation with law enforcement agencies. This can have a devastating effect on investigations and subsequent prosecutions. The manner in which an officer or agency employee treats a victim at the time of the crime and any time thereafter affects not only the victim’s immediate and long term ability to cope with the crime, it also determines his/her willingness to assist in the prosecution. 650.1.3 DEFINITIONS: A. VICTIM: A “victim” means a person who suffers personal, physical or psychological injury or death or incurs loss of or injury to personal or real property as a result of a first, second, third or fourth degree offense committed against that person; or as a result of a motor vehicle accident involving another person’s driving while under the influence of drugs or alcohol; or as a result of a bias incident, domestic violence or a motor vehicle violation involving a fatality. B. WITNESS: “Witnesses” to the above aforementioned crimes, and homicide and sudden death survivors are also entitled to the rights and services contained herein, as applicable. C. VICTIM/WITNESS COORDINATOR: 1. Woodbridge Township: The municipal victim/witness coordinator shall be an officer who is assigned victim/witness duties, at the discretion of the Police Director. Additional officers shall be assigned as required and designated by the Police Director. The victim/witness coordinator shall serve as the agency’s single point of contact concerning victim/witness referral information for services offered in this department’s jurisdiction concerning victims/witness in need of medical attention, counseling, and emergency financial assistance. Other responsibilities include: a. Ensure in-service training is conducted on a timely basis and is kept current. b. Ensure that policies and procedures remain in compliance with existing laws, directives and requirements of statute, the Attorney General and Middlesex County Prosecutor's Office. c. Ensure the proper reporting/documentation of required notifications. d. Ensure the “Desk Reference Book” is maintained and is kept current. e. Establish and maintain liaison with the Crime Victim/Witness Coordinator for Middlesex County. f. Other requirements as outlined within this policy. 2. Middlesex County Prosecutor’s Office: The victim/witness coordinator for the Middlesex County Prosecutor’s Office is responsible for coordination of victim/witness services for all criminal cases at the county level, as well as to respond to all victim/witness referrals generated at the local level. D. RIGHTS OF VICTIMS/WITNESSES: The following rights are guaranteed to victims/witnesses by the Crime Victim's “Bill of Rights”. 1. To be treated with dignity and compassion by the criminal justice system. 2. To be informed about the criminal justice process. 3. To be free from intimidation. 4. To have inconveniences associated with participation in the justice process minimized. 5. To make telephone calls as deemed necessary. 6. To medical assistance if it appears necessary. 7. To be notified if presence in court is not needed. 8. To be informed about available remedies, financial assistance and social services. 9. To be compensated for losses when possible. 10. To be provided a secure waiting area during court proceedings. 11. To be advised of case progress and final disposition. 12. To the prompt return of property when no longer needed as evidence. E. ELIGIBILITY REQUIREMENTS FOR COMPENSATION FOR THE VIOLENT CRIMES COMPENSATION BOARD (VCCB): 1. A person who is an innocent victim of a violent crime. He/she must not have contributed to the incident that is the basis for the claim. He/she must not have been involved in criminal activity at the time of the incident. 2. Where that person has sustained personal injuries; or 3. A person who is the surviving spouse, parent/guardian, or child of a victim of a crime, who died as a direct result of such crime; or 4. A person who is any other relative, dependent for support upon a victim of a crime who died as a direct result of crime; or 5. A person who is injured while trying to prevent a crime or while assisting a police officer in making an arrest. 6. The victim must have been injured in the State of New Jersey. (Note: If the injury took place out of state, the victim can file in New Jersey concurrently if there is a chance that the expenses will exceed that paid by the primary jurisdiction; New Jersey can help pay that amount after the primary jurisdiction has concluded the claim). 7. If the claimant is a minor, the claim must be signed by a parent or guardian. 650.2 ADMINISTRATIVE RESPONSIBILITIES: 650.2.1 ANALYSIS: At least once every three years, the departmental victim/witness coordinator shall conduct an analysis of victim/witness needs and available services within the agency’s service area. If a similar analysis is conducted by the Prosecutor's Office Victim/Witness Coordinator, a second analysis by the municipal coordinator will not be required. A. REQUIRED ELEMENTS OF THE ANALYSIS: The coordinator shall review crime reports and statistics to determine the following: 1. The extent and major types of victimization within the agency’s service area; 2. An inventory of information and services needed by victims and witnesses in general, including homicide or suicide survivors, and special victims such as those victimized by domestic violence, abuse and neglect, sexual crimes and drunk drivers; 3. Victim assistance and related community services available within the service area; and 4. The identification of any unfulfilled needs and the identification of needs that are appropriate for the agency to meet. B. EVALUATION OF VICTIM/WITNESS SERVICES: Once the coordinator has completed the analysis, he/she shall forward a copy of this review to the Police Director, with recommendations for amending or implementing policies and procedures to meet the needs indicated. The programs provided by this agency should not duplicate the efforts of other victim or witness agencies within the service area (county or state level offices). 650.2.2 INTERAGENCY RELATIONSHIPS: The departmental victim/witness coordinator shall maintain an ongoing relationship (liaison) between this agency and the Middlesex County Prosecutor’s Office Victim/Witness Unit, as well as, other outside agencies and social service groups capable of providing victim/witness assistance. Typically, this relationship may be initiated by, and maintained through, phone calls, or if necessary, through documentation by written letter. A. PURPOSE: This relationship shall be for the purposes of the following: 1. Ensuring that agency referrals to victims/witnesses to outside resources are based upon accurate and up-todate knowledge of the services offered by those services. 2. To maintain an ongoing channel of communication by which to offer and receive suggestions about how agency and outside sources can more effectively work together in order to better serve the victim/witness. 650.2.3 PUBLIC INFORMATION: The departmental victim/witness coordinator shall be responsible for ensuring an adequate supply of victim/witness brochures and related materials are available for dissemination by agency personnel to victims/witnesses, and upon request, to members of the public. The coordinator shall also ensure brochures are displayed in an area of police headquarters which is accessible to the public. A. PRESS RELEASES: Additionally, the victim/witness coordinator may prepare press releases to supplement the efforts of the Middlesex County Prosecutor's Office Victim/Witness Unit concerning public information about the availability of victim/witness services. All press releases must conform to guidelines as outlined in agency policy and procedures (#640: Public Information). 650.2.4 SUPERVISORY RESPONSIBILITY: All Supervisory personnel are to insure that Crime Victim's Rights information is disseminated to victims/witnesses as defined in this policy by the officers and employees under their command, and, to insure that documentation of the issuance of this information is included in the officer's report. Supervisory personnel are also to ensure that their assigned personnel are familiar with the rights of victims/witnesses and that they are sensitive to their needs. 650.2.5 CONFIDENTIALITY: All personnel are to ensure the confidentiality of all personal information related to victims/witnesses as defined in this policy. The release of information pertaining to any victim/witness shall be governed by the release of information as outlined in Policy and Procedure #640: Public Information. A. RECORDS AND REPORTS: For purposes of ensuring the confidentiality of records and files related to victim/witnesses, all reports and documentation shall not be released without prior approval from the Middlesex County Prosecutor’s Office. Absent approval, all reports and documentation will not be released unless a court order has been obtained. 1. COURT ORDER: Where a court order has been produced, the Records Bureau Commanding Officer will immediately inform the Middlesex County Prosecutor’s Office prior to releasing the records and reports. The Prosecutor may prepare a legal challenge to the order, if so decided. 650.3 PROCEDURAL GUIDELINES: 650.3.1 SERVICES TO BE RENDERED DURING THE PRELIMINARY INVESTIGATION: The assigned investigating officer/detective shall ensure the following victim/witness services are rendered during the initial preliminary investigation. A. MEDICAL ATTENTION: The victim/witness shall be provided with access to emergency first aid, if it appears necessary. B. AVAILABILITY OF SERVICES: The victim/witness shall be given information about applicable services, e.g., counseling, medical attention, VCCB Compensation, and any other services which may be applicable to the investigation. 1. The victim shall also be given the phone number of the Municipal and County Victim/Witness Coordinator. 2. The victim/witness shall be allowed to make telephone calls as deemed necessary. C. THREATS: Victims and witnesses should be encouraged to immediately report any incident of threats, intimidation or harassment made by the suspect, the suspect’s companions or family, as well as, the potential responses to any confirmed incidents involving threats, intimidation or harassment which may include; bail revocation, restraining orders, additional charges, or subsequent arrest. 1. Victims and witnesses should also be informed of such provisions designed to protect them from further harassment or intimidation, as well as the benefits of restraining orders, escort to court, and any additional security provisions. 2. Officers shall offer frightened victims/witnesses words of encouragement in order to lessen the level of fear and anxiety being experienced by the victim/witness. D. CASE NUMBER & SUBSEQUENT INVESTIGATIVE STEPS: The victim/witness shall be informed of the case number, the subsequent steps in the processing of the case, and their role in case development. E. PHONE NUMBERS: The victim/witness shall be provided with the agency’s emergency and non-emergency phone number, in addition to the phone number of the municipal and county Victim/Witness Coordinators. 1. Victims/witnesses are to be encouraged to call the municipal Victim/Witness Coordinator to receive information about the status of their case (whether it is open, suspended or closed). 650.3.2 INVESTIGATING THREATS TO VICTIMS: Appropriate attention shall be given to investigating victim/witness reports of threats or intimidation. Agency personnel are to treat threats and acts of intimidation with sensitivity and concern. All such reports are to be brought to the immediate attention of the Shift Commander. A. IMMEDIATE RESPONSE: Officers shall document any allegation of threats or acts of intimidation, and pursue such allegations in a fashion so as to insure maximum protection to the victim/witness. 1. Officers receiving such reports shall exhaust all investigative avenues in an effort to resolve the allegation. 2. When applicable, restraining orders should be sought as a condition of bail and prepared with the complaint. 3. Where immediate protection is needed, the officer shall inform the Shift Commander. The Shift Commander shall weigh the nature of the case with the resources available to the agency, against the level of danger faced by the victim/witness. Depending on the level of threat, the Shift Commander may take the following action. a. Notify the County Prosecutor’s Office and Victim/Witness Coordinator for immediate assistance in providing for protective assistance or custody. b. Assign an officer to guard the victim/witness until other arrangements can be made. c. Attempt to temporarily relocate the victim/witness. d. Make available the protections outlined in the Domestic Violence Act, if applicable. e. Any other action necessary to protect the victim/witness from harm. f. If physical protection is indicated and the victim/witness is in another jurisdiction, the investigating officer shall contact the appropriate agency and inform them of the situation and request that reasonable precautions be taken. 650.3.3 SERVICES TO BE RENDERED DURING THE FOLLOW-UP INVESTIGATION: The following services shall be rendered during the follow-up investigation, if any: A. VICTIM/WITNESS COORDINATOR: The victim/witness coordinator shall be responsible for the following 1. If, in the opinion of the investigating officer/detective, or of the Victim/Witness Coordinator, the impact of a crime on a victim/witness has been unusually severe and has triggered above average need for victim/witness service, then the Victim/Witness Coordinator shall re-contact the victim/witness periodically to determine whether their needs are being met. a. Periodically shall mean within 10 days of the initiation of a follow-up investigation. b. The Victim/Witness Coordinator will make every effort to assist the victim/witness. 2. To arrange, and provide for, a secure waiting area for court for victims/witnesses, on the local level. B. INVESTIGATING DETECTIVES: Investigative supervisors and personnel are to coordinate efforts to assist crime victims with the Victim/Witness Coordinator. Detectives shall be responsible for the following: 1. If not an endangerment to the successful prosecution of the case, providing for an explanation to the victim/witness of the procedures involved in the prosecution of their case and their role in those procedures. 2. Scheduling lineups, interviews, and other required appearances at the convenience of the victim/witness, and if necessary and feasible, providing for transportation to attend these activities. 3. Except for contraband, disputed property, and seized weapons, provide for the prompt return of victim/witness property taken as evidence. 4. To notify the victim/witness if their presence in court is not needed. 650.3.4 SERVICES TO BE RENDERED UPON ARREST AND DURING POST ARREST PROCESSING: Investigators/patrol officers assigned to the follow-up investigation or officers conducting the preliminary investigation who arrest a suspect, or who are notified of a suspect’s arrest, shall notify the victim or witnesses that an arrest has been made, the charges being brought against the arrestee, and the arrestee's current status (outright release, bail or incarceration). Whenever possible, the victim/witness shall be advised of the status “prior” to the possible release of the suspect. Should the arrestee's status change, the involved officer or officer who receives such notification shall also keep the victim or witness informed of such a change (immediately). A. REVIEW OF NEEDS: During a notification, the notifying officer shall inquire if the victim’s needs are being met, to include the immediate safety needs of the victim/witness due to the possible release of the suspect. Appropriate referrals are to be made where applicable, and any need for protection shall be handled as outlined within this policy. B. NOTIFICATION: When a suspect is charged with an indictable crime or a domestic violence offense and is being released from custody directly by the Woodbridge Police Department, the victim will be notified immediately using the contact information contained on the victim notification form. 650.3.5 VICTIM NOTIFICATION FORM: A New Jersey Victim Notification Form is to be completed for all indictable offense and all domestic violence offenses. Accurate victim contact information is critical to ensure that the victim receives notification when an offender is released from custody. The information recorded on the form is strictly confidential and is not discoverable. A. VICTIM INFORMATION AND NOTIFICATION EVERYDAY (V.I.N.E.): The V.I.N.E program allows access to information concerning the suspect’s custodial status 24 hours a day. The information can be accessed by: 1. Any crime victim 2. Any family member or friend of a crime victim 3. Victim advocates and victim service providers 4. Law enforcement & criminal justice staff 5. Anyone concerned about inmate custody status B. REGISTRATION WITH V.I.N.E: When a victim wishes to be notified about the suspect’s status the contact information must be completed on the form and the form will be used to register the victim automatically. The victim must pick a four-digit pin in order to be registered. Victims will then be able to access the system using their pin number. Those who do not automatically register using the form may register by calling 1-877-8463465 to register. C. USE OF FORM WITHOUT NOTIFICATION REQUESTED: 1. If the victim does not wish to be contacted then the box stating ‘Victim does not want to be notified’ will be checked. The victim must initial on the line indicated on the form stating that the victim does not wish to be notified. The victim’s contact phone number section and the pin selection section of the form should be left blank when the victim does not wish to be notified concerning the suspect’s custodial status. This includes when the victim is the State of New Jersey or Woodbridge Township Police Department and businesses. 2. If a business, company or governmental agency wishes to be contacted then the victim information must contain a contact person’s name and not just the business name. When a phone number is entered in the victim contact section the victim will be automatically registered. If a domestic violence victim does not want to be notified of the defendant’s release make a note on the form indicating specifically that. The form does not have a box for Domestic Violence victims not wanting to be notified, even though the situation may arise. D. COMPLETING, FILING, FORWARDING FORM: The victim notification forms are used for multiple purposes: 1. To give the victim of a indictable crime or a domestic violence incident his or her rights as a victim 2. To enroll the victim into the Victim Information and Notification Everyday (V.I.N.E) system 3. To ensure victims are notified when the defendant is released from municipal or county custody. When transporting a suspect to the county workhouse the original victim notification form will be turned over to county intake personnel. A copy of the form will be filed alphabetically by the defendant’s last name in the victim notification filing cabinet. a. Domestic violence victims must initial the form indicating that their domestic violence rights were explained to them and they received a copy of their rights. b. Domestic violence victims must sign if they do not want a restraining order. E. PRISONERS THAT WILL BE TAKEN TO THE COUNTY WORKHOUSE: The V.I.N.E. PIN number section of the form is only necessary when the defendant will be taken to the Middlesex County Workhouse. When a prisoner is transported to the county who has been arrested for any domestic violence offense or any nondomestic violence indictable crime, the form must be completed. F. FILLING OUT THE FORM WHEN THE PRISONER IS NOT BEING TAKEN TO THE COUNTY WORKHOUSE: 1. All domestic violence situations require the form to be filled out, regardless of defendant status. 2. If a person is a victim of a crime, they are entitled to the rights of a crime victim. These rights are printed on the back of the victim copy of the form. When the identity of the defendant is not known, the victim is to be advised of victim rights, but the form is not necessary. 3. When an arrest is made after an investigation for a previously reported incident and where the identity of the defendant was not known, the victim notification form is to be filled out at the time of arrest. 4. If the defendant is a juvenile, the form is to be filled out and forwarded in its entirety to the Juvenile Bureau. G. FAXING THE FORM TO THE MIDDLESEX COUNTY VICTIM ADVOCACY OFFICE: If the defendant is released prior from Woodbridge Police Department or there is no arrest, the victim advocacy office does not want to know and doesn’t need the form faxed. In all indictable crimes and domestic situations where the defendant is taken to the county workhouse, the form must be faxed to the Middlesex County Victim Advocacy Office. Primary fax number: 732-296-7962 Secondary fax number: 732-296-8968 The fax receipt should be attached to the copy being filled in the communications victim notification forms filing cabinet. H. PICKING A PIN NUMBER & ASSISTING VICTIM’S WITH V.I.N.E. SYSTEM: The Middlesex County Victim Advocacy Office recommends that the victim use the last 4 digits of the home phone number as their PIN number. They recommend against using 1225, as some officers are currently doing. The victim should be given the V.I.N.E. pocket card where they can write their PIN number down. If a victim contacts HQ and states that they cannot remember their PIN number, the following assistance should be provided after confirming their identity: Access the VINE WATCH system at www.vinewatch.com/nj/njstate this web address is case sensitive and you cannot bookmark this website, you must type out the full address each time. The police department’s login is: Logon Name: WOODBR and the Password is WOODBRIDGE. No one is to change this password even if the computer prompts you to change password. If someone accidentally changes the password, Nora Van Demark (732-745-5706) or Jayne Guarino (732-745-5710) from the Middlesex County Victim Advocacy Office is to be contacted for assistance. Once you are in the VINE WATCH system you go to Search, click offenders, click last name. The next screen requires you to click the arrow next to agency and click on Middlesex County Jail. Then type in the last name of the offender or partial name, check partial search, and click next. This screen will bring you to all offenders that partially or fully match the name you entered. Find the match you are looking for and click that number. Now you are at offender’s details, scroll down the page until you see PIN #. Click the ‘I’ symbol to find the victim’s information. You can now provide the victim with his or her forgotten PIN number. You can also refer the victim to 1-877-846-3465 or www.vinelink.com or the Office of Victim-Witness Advocacy in Middlesex County Prosecutor's Office (732-745-3394) for further information. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures DIVERSIONARY PROGRAMS Chapter: Volume Six: 651 Operations Support Date(s): Authority General Order #: File #: Effective: April 23, 1998 Chief Wm. Trenery 98-006 651-981 Revised: 05-18-06 Chief Wm. Trenery 06-005 651-061 Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: N.J.S.A. 30:4-27.1 et seq., N.JS.A. 2A:4A-31, N.J.S.A. 2A:4A-80. ACCREDITATION STANDARDS REFERENCES: 1.1.3 651.1 POLICY & PURPOSE: 651.1.1 POLICY: It shall be the policy of this agency that all officers shall utilize the appropriate criminal justice and social service diversionary programs which have been established to meet the needs of individuals in specific situations. These programs include alternate methods in the handling of juvenile offenders, individuals who are in need of detoxification (to include both alcohol and drug detoxification), mental health crises, and programs for those who may be homeless. 651.1.2 PURPOSE: The purpose of this policy is to divert subjects from the criminal justice system to where there are established social and/or other pre-identified services, that address the specific needs of individuals in crisis. This policy will outline this department’s role in the utilization of such programs. 651.1.3 DEFINITIONS: A. CRIMINAL JUSTICE DIVERSIONARY PROGRAMS: Many criminal justice diversion programs are directed toward "adult" offenders and are governed by state statute. The responsibility of directing, or permitting an "adult" offender into a criminal justice diversion program rests on the county level. Programs such as “Pre-Trial Intervention” are covered by NJSA 2C:43-12 which is for first time offenders. Consideration for this program is controlled by the Middlesex County Prosecutor only after formal criminal charges have been filed. Also available to adults is a “Conditional Discharge” program available to individuals that have never been convicted of disorderly persons or petty disorderly persons offenses under Chapters 35 and 36 of NJSA 2C. After pleading guilty, or a finding of guilty by the court, the eligible individual will be placed into this supervised program. 1. Juveniles: For diversionary programs specifically geared for juveniles, please refer to Standard Operating Procedure #540: Juvenile Operations. B. SOCIAL SERVICE DIVERSIONARY PROGRAMS: There are several social service diversionary programs available to agency personnel in the handling of individuals with specific needs. These programs are in place to divert these individuals away from the criminal justice system. The remainder of this policy will outline the programs available to personnel in the handling of individuals with special needs. 651.2 DIVERSIONARY PROGRAMS FOR THE HOMELESS: 651.2.1 PROCEDURES: On occasion, officers of this department may find it necessary to locate refuge for those who do not have the means to obtain any other form of shelter. When coming into contact with homeless persons, officer(s) will make arrangements for persons to access assistance from the appropriate agencies which will be guided by the persons gender and age. Resources for homeless assistance are in the dispatchers log books. If unable to locate alternate housing for the homeless, officers will contact the Woodbridge Township Welfare Board and be guided by the Welfare Board’s directions. A. TRANSPORTATION: You must contact the shelter prior to transporting a homeless individual, in order to determine space availability. If transportation is necessary, officer(s) will provide, or arrange for, the necessary transportation to the temporary housing/shelter. 651.3 DIVERSIONARY PROGRAMS FOR SUBSTANCE ABUSERS: 651.3.1 PROCEDURES: On occasion, an officer may be confronted with an addicted subject who is seeking help and/or referral. When confronted with such individuals, officers shall refer the person to the Raritan Bay Medical Center. The center is located in Perth Amboy and provides a comprehensive method of dealing with addictive illnesses (drugs and alcohol). Service is available on a twenty-four hour basis, seven days a week. The program is designed to distance the addict from abusive substances for a period of time, to eliminate the substance from the body, as well as to provide counseling services. Prior to making any arrangements for transporting the subject to the medical center program, the officer shall confer with his/her supervisor. The officer must also first clear the acceptance of the individual with the medical center. The medical center will require background information about the case from the officer. A. ADMISSIONS: Individuals, prior to entering the medical center for participation in the substance abuse program, must meet the following requirements: 1. It must be on a voluntary basis. 2. The individual must be an adult. 3. The individual must be conscious and in a state of mind to be able to make decisions. 4. The individual must not be violent or disruptive. 5. The individual must be able to participate in self care. 651.4 DIVERSIONARY PROGRAMS FOR MENTAL ILLNESS: 651.4.1 GENERAL REQUIREMENTS: On occasion, officers from this department may respond to calls involving individuals that require psychiatric assistance. Since these calls are potentially dangerous in nature, it is of utmost importance for officers to keep in mind their safety, as well as the safety of the patient. There are certain duties and responsibilities which have been set forth in (N.J.S.A. 30:4-27.1 et seq.) known as the "Screening Bill" which provides for law enforcement assistance to mental health screeners, upon their request for an escort and/or upon transporting of a mentally ill person. Because involuntary commitment entails certain deprivations of liberty, it is necessary that state law balance the basic value of liberty with the need for safety and treatment, a balance that is difficult to effect because of the limited ability to predict behavior. Therefore, it is necessary that state law provide clear standards and procedural safeguards that ensure that only those persons who are dangerous to themselves, to others or to property are involuntarily committed. A. DEFINITIONS: 1. Mental Illness: Means a current, substantial disturbance of thought, mood, perception or orientation which significantly impairs judgment, capacity to control behavior or capacity to recognize reality, but does not include simple alcohol intoxication, transitory reaction to drug ingestion, organic brain syndrome or developmental disability unless it results in the severity of impairment described herein. The term "mental illness" is not limited to "psychosis" or "active psychosis" but shall include all conditions that result in the severity of impairment described herein. 2. Dangerous to self: For the purpose of this procedure, means that by reason of mental illness the person has threatened or attempted suicide or serious bodily harm, or has behaved in such a manner as to indicate that the person is unable to satisfy his/herself need for nourishment, essential medical care or shelter, so that it is probable that substantial bodily injury, serious physical debilitation or death will result within the reasonably foreseeable future; however, no person shall be deemed to be unable to satisfy this need for nourishment, essential medical care or shelter if he/she is able to satisfy such needs with the supervision and assistance of others where such resources are available. 3. Dangerous to others or property: For the purpose of this procedure, means that by reason of mental illness there is a substantial likelihood that the person will inflict serious bodily harm upon another person or cause serious property damage within the reasonably foreseeable future. This determination shall take into account a person's history, recent behavior and any recent act or threat. a. NOTE: The person must be both "mentally ill" and present a danger to self/others/property in order to qualify for involuntary commitment. Often, they are closely related. (i.e., an obviously deranged individual walking into the flow of traffic would qualify). 4. Involuntary Commitment: A subject in need of involuntary commitment is an adult who is mentally ill, whose mental illness causes the person to be dangerous to self or dangerous to others or property, and who is unwilling to be admitted to a facility voluntarily for care, and who needs care at a short-term care, psychiatric facility or special psychiatric hospital, because other services are not appropriate or available to meet the person's mental health care needs. 5. Mental Health Screener: Means a psychiatrist, psychologist, social worker, registered professional nurse or other individual, trained to do outreach only for the purposes of psychological assessment, who is employed by a screening service and possesses the license, academic training or experience, as required by the commissioner pursuant to regulation; except that a psychiatrist and a state licensed clinical psychologist who meet the requirements for mental health screener shall not have to comply with any additional requirements adopted by the commissioner. a. This department utilizes the services of the Rutgers Mental Health Center, located in Piscataway, NJ. 6. Liability Waiver: A law enforcement officer, screening service or short-term care facility designated staff person or their respective employers acting in good faith pursuant to this act who takes reasonable steps to assess, take custody of, detain or transport an individual for the purposes of mental health assessment or treatment is immune from civil and criminal liability. 651.4.2 VOLUNTARY COMMITMENT (ADULTS OR JUVENILES): When an officer(s) finds, on the basis of personal observation, that there is reasonable cause to believe that a person is in need of voluntary commitment and that the person has not committed any criminal act, and where that person voluntarily consents to accompany the police officer, the officer shall arrange for transportation to the Raritan Bay Medical Center. If involuntary civil commitment procedures are then necessary, they may be instituted by qualified hospital personnel or by any other person pursuant to that section of the state law which provides for the issuance of a court order supported by two clinical certificates. In the case of juveniles, a parent or guardian would have to grant authorization on behalf of the juvenile. 651.4.3 INVOLUNTARY COMMITMENT (ADULTS ONLY): An officer shall take custody of a person and arrange for transportation of that person, directly to the Raritan Bay Medical Center if the following conditions are met: A. CONDITIONS FOR INVOLUNTARY COMMITMENT: 1. On the basis of personal observation, the law enforcement officer has reasonable cause to believe that the person is in need of involuntary commitment based upon the definitions of “involuntary commitment”, “dangerous to self”, and “dangerous to others or property”. (NOTE: You must observe the behavior); or 2. A mental health screener has certified on a form prescribed by the division that based on a screening evaluation, the person is in need of involuntary commitment and has requested the person be taken to the screening service for a complete assessment; or 3. The court orders that a person subject to an order of conditional discharge issued pursuant to subsection c. of section (16) of the state law act who has failed to follow the conditions of the discharge, be taken to a screening service for an assessment. 651.4.4 RUTGERS MENTAL HEALTH CENTER SCREENING REQUIREMENTS: When the Rutgers Mental Health Screening Center receives information regarding an individual in the community who is believed to be mentally ill and dangerous, and who is unable or unwilling to go to Raritan Bay Medical Center, the screener shall evaluate the potential for dangerousness prior to requesting either a police escort or transport. This evaluation by the screener may be accomplished over the telephone, or in person at the location where the subject is in crisis. A. EVALUATION OF DANGEROUSNESS: The Screener shall base the evaluation of potential for dangerousness upon the following: 1. The occurrence of violent behavior. 2. A threat of violence to self or others. 3. Identified victim(s). 4. Substance abuse. 5. Command hallucinations. 6. Specified plan of violence. 7. History of violence. 8. History of arrests, involuntary admissions. 9. Subject's fear of violence, current medications. 10. Behavioral clues. 11. Weapons present. 12. Access to weapons, military or police firearms training. 13. Other lethal training/ability. B. SCREENER RESPONSIBILITIES: The screener's chief responsibility is to provide a screening evaluation. The purpose of the evaluation is to determine if the patient is mentally ill and dangerous. The screener, upon arriving on the scene and prior to entering the patient's residence, will share with the police all relevant patient information, including: pertinent psychiatric history, history of violence, and the presence of any known weapons. Upon completing his/her evaluation and determining that the patient meets the criteria of being mentally ill and dangerous, the screener will present the police with a signed “Authorization for Police Transport” form. The screener will make all efforts to complete their evaluation in a timely manner, returning the police to other duties in the community as soon as possible. 1. If accomplished over the telephone, the assigned investigating officer shall ensure a copy of the commitment authorization is obtained and attached to the police incident report. C. LAW ENFORCEMENT PRESENCE AT THE MEDICAL CENTER: An officer(s) shall remain present at the medical center as long as necessary to protect the safety of the person in custody and the safety of the community from which the patient was removed. Officer(s) shall remain at the center until a decision has been made (in conjunction with the mental health screener) and the situation has been secured. Officers may assist in the application of clinical restraints when a decision has been made (in conjunction with the mental health screener) that restraint is indicated. 651.4.5 ASSISTING RUTGERS MENTAL HEALTH SCREENERS OFF-SITE: A law enforcement officer shall request an evaluation by a mental health screener whenever, on the basis of the officer's personal observations, there is reasonable cause to believe that a subject is in need of involuntary commitment based upon the definitions outlined within this policy. The officer shall either transport the subject to the Raritan Bay Medical Center and request an evaluation, or the officer shall contact the Rutgers Mental Health screening service and request an evaluation at the subject's location. In either situation, the officer(s) shall remain with the subject until the situation has been secured and the initial assessment completed. Officers are responsible for ensuring the safety of civilians, including screeners, at the scene of a screening outreach. Officers will enter the patient's residence to assess and if need be, secure a dangerous situation, prior to the screener entering. Officers will ascertain the whereabouts of the patient and will ensure that the patient does not have access to weapons. Officers will maintain constant visual contact of the patient at all times and will exercise appropriate authority to ensure that the patient remains in a relatively safe room (e.g. living room as opposed to kitchen). If the patient barricades himself/herself in a room, officers will direct the screener to vacate the premises. Upon being handed a signed “Authorization for Police Transport”, the assisting officer will transport/arrange transportation of the patient to the appropriate destination. Officers are responsible for restraining and subduing combative or resistant patients. Screeners, as private citizens, do not have the authority to physically restrain a patient. A. TRANSPORT GUIDELINES: All mental health transportation’s will be accomplished in accordance with Standard Operating Procedure #810:3.1 regarding Special Transport Situations. 651.4.6 INVOLUNTARY COMMITMENT (JUVENILES ONLY): N.J.S.A. 30:4-27.1 et. seq. DOES NOT apply to involuntary commitments of juveniles. In the event that an officer has reasonable cause to believe that a juvenile is in need of involuntary commitment and no probable cause that a crime has been committed, the officers shall take the juvenile into custody as provided by N.J.S.A. 2A: 4A-31. The officer shall immediately notify the county juvenile Family Crisis Intervention Unit pursuant to N.J.S.A. 2A: 4A-80. If however, a Juvenile Aid Unit detective is available during the course of the investigation, the officer will contact the juvenile detective. The officer/detective shall promptly bring the juvenile to the unit or specific place designated by the unit. The latter may be a mental health facility in the county to which the unit has customarily made such referrals or to the designated screening service. 651.4.7 ALZHEIMER’S DISEASE AND RELATED DEMENTIA: A. The Alzheimer’s Association Safe Return Program is a nationwide identification, support and enrollment program working at the community level which assists in the safe return of individuals with Alzheimer’s or related dementia who wander and become lost. When a memory-impaired person wanders away from home or an institution and the 800 number is called, the safe return operator will work with the missing person’s care giver and police to gather critical information. The program includes a nationwide participant registry that contains the full name of the registrant, a photograph, identifying characteristics, medical information, and emergency contact information which enables the police officer to easily identify a person with Alzheimer’s disease. When you call the program's crisis number at (800) 883-1180, a Safe Return clinician will contact the registrant's caregivers. 1. When you approach a person you believe has or may have Alzheimer’s disease, ask for identifying information. In addition, look for a Safe Return bracelet, necklace, lapel pin, key chain, or label inside their clothing collar. Safe Return identification provides the first name of a person bearing this ID, indicates that he or she has a memory impairment and gives the 24-hour toll-free number for the Alzheimer's Association's Safe Return Program. The Safe Return program can also be used by police to send an alert to area agencies, such as shelters or hospitals, that a person with Alzheimer’s disease is missing. This may help recover a person with Alzheimer’s Disease faster. When a missing persons report on a person believed to have Alzheimer’s Disease or related disorder is taken, the Safe Return Hotline should be contacted immediately and a photograph and/or description, if available, should be disseminated to all officers on shift. Such photograph and/or description should also be included in all shift briefings until the person is found. B. Information on the Woodbridge Township Safe & Sound Program should be given to caregivers of individuals with dementia. For more information concerning the Safe & Sound Program see SOP 550. When confronted with a situation involving a individual with dementia, the Safe & Sound program should be checked by the officer in order to determine if the individual is registered, which will help provide emergency contact information. 651.4.8 RESOURCES: Additional resources can be obtained through police communications and/or the community affairs unit. Woodbridge Township Division on Aging and Senior Services 2 George Frederick Plaza, Woodbridge, NJ 07095 732-855-0600 extension 5016 Adult Protective Services: Middlesex County Board of Social Services P.O. Box 509 New Brunswick, NJ 08903 Phone: 732-745-3635 Fax: 732-745-3630 http://co.middlesex.nj.us/aging Middlesex County Board of Social Services Mental Health Services 1 JFK Square, New Brunswick, NJ 08901 Phone: 732-745-4190; 732-745-3280 or 732-4313 http://co.middlesex.nj.us/humanservices Middlesex County Office on Aging Middlesex County Administration Building John F. Kennedy Square - 5th Floor New Brunswick, New Jersey, 08901 Phone 732-745-3295 Fax 732-246-5641 NJ Division of Mental Health Services (DMHS) 1-800-382-6717 http://www.state.nj.us/humanservices/dmhs/index.html UMDNJ/ University Behavioral Health Care Crisis Stabilization/Screening Services Acute Psychiatric Services (24 hours /7 days a week) 671 Hoes Lane Piscataway, NJ 08855 732-235-5700 Access Center 1-800-969-5300 http://ubhc.umdnj.edu/ UMDNJ Children’s Mobile Response & Stabilization System 1-877-652-7624 Comprehensive Services on Aging (COPSA) 1-800-424-2494 http://www2.umdnj.edu/~coyne/copsa.html The Arc of Middlesex County 219 Black Horse Lane, Suite 2 North Brunswick, NJ 08902 732-821-1199 732-247-8155 http://www.arc-middlesex.org The Arc of New Jersey 985 Livingston Avenue North Brunswick, NJ 08902 732-246-2525 http://www.arcnj.org Alzheimer’s Association Safe Return 1-800-883-1180 1-800-272-3900 1-888-572-8566 www.alz.org/safereturn Alzheimer’s Association Alzheimer’s Association Greater NJ Chapter 400 Morris Avenue Suite 251 Denville, NJ 07834 1-800-883-1180 http://www.charityadvantage.com/alznj/Home.asp WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures DOMESTIC VIOLENCE Chapter: 652 Volume Six: Operations Support Date(s): Authority General Order #: File #: Effective: July 9,1998 Chief Wm. Trenery 98-019 652-981 Revised: March 11,2003 Chief Wm. Trenery 03-002 652-031 Revised: 12-16-05 Chief Wm. Trenery 05-004 652-051 Revised: 02-20-07 Chief Wm. Trenery 07-002 652-071 Revised: 12-10-09 Chief Wm. Trenery 09-008 652-091 Revised: 03-08-10 Chief Wm. Trenery 10-001 652-101 Revised: Director R. Hubner 11-003 652-111 LEGAL REFERENCES: N.J.S.A. 2C:25 (all), Attorney General of the State of NJ Directives, MCPO Policy 7A ACCREDITATION STANDARDS REFERENCES: 55.2.2, 74.2.1 652.1 POLICY & PURPOSE: 652.1.1 POLICY: It is the policy of the Woodbridge Township Police Department to reduce the incidence and severity of domestic violence, protect victims of domestic violence and provide them with support through a combination of law enforcement and community services and to promote officer safety by ensuring that officers are fully prepared to respond to, and effectively deal with, domestic violence calls for service. 652.1.2 PURPOSE: It is the purpose of this policy to prescribe courses of action, which officers should take in response to domestic violence that will enforce the law while also serving to intervene and prevent future incidents of violence. 652.1.3 DEFINITIONS: A. DOMESTIC VIOLENCE: Means the occurrence of one or more of the following criminal offenses upon a person protected under the NJ Prevention of Domestic Violence Act of 1990: Homicide (N.J.S.A. 2C:11-1) Assault (N.J.S.A. 2C:12-1) Terroristic Threats (N.J.S.A. 2C:12-3) Kidnapping (N.J.S.A. 2C:13-1) Criminal Restraint (N.J.S.A. 2C:13-2) False Imprisonment (N.J.S.A. 2C:13-3) Sexual Assault (N.J.S.A. 2C:14-2) Criminal Sexual Contact (N.J.S.A. 2C:14-3) Lewdness (N.J.S.A. 2C:14-4) Criminal Mischief (N.J.S.A. 2C:17-3) Burglary (N.J.S.A. 2C:18-2) Criminal Trespass (N.J.S.A. 2C:18-3) Harassment (N.J.S.A. 2C:33-4) Stalking (N.J.S.A. 2C:12-10) B. VICTIM OF DOMESTIC VIOLENCE: Means a person who is protected by the Domestic Violence Act, which includes any person: 1. Who is 18 years of age or older, or 2. Who is an emancipated minor, and 3. Who has been subjected to domestic violence by a. spouse b. former spouse c. any other person who is a present or former household member, or 4. Who, regardless of age, has been subjected to domestic violence by a person: a. with whom the victim has a child in common, or b. with whom the victim anticipates having a child in common, if one of the parties is pregnant, or 5. Who, regardless of age, has been subjected to domestic violence by a person with whom the victim has had a dating relationship. 6. A victim may be below the age of 18. 7. The domestic violence assailant must be over the age of 18 or emancipated at the time of the offense. See paragraph (C) below for criteria for determining whether a person is emancipated. NOTE: The Prevention of Domestic Violence Act does not define a victim of domestic violence by age, physical or psychological condition or sex. C. EMANCIPATION: A minor is considered emancipated from his or her parents when the minor: 1. Has been married; 2. Has entered military service; 3. Has a child or is pregnant; or 4. Has been previously declared by a court or an administrative agency to be emancipated. D. SIGNS OF INJURY: The word "exhibits", with regard to signs of injury, is to be liberally construed to mean any indication that a victim has suffered bodily injury, which shall include physical pain or any impairment of physical condition. Probable cause to arrest may also be established when a police officer observes manifestations of internal injury sustained by the victim. 652.2 ARRESTS: 652.2.1: GENERAL GUIDELINES: An unemancipated minor who commits a criminal offense against a household member may not be prosecuted as a domestic violence defendant but may be prosecuted under juvenile delinquency laws. A. Mandatory Arrest: A police officer must arrest and take into custody a domestic violence suspect and must sign the criminal complaint against the person if: 1. The victim exhibits signs of injury caused by an act of domestic violence. N.J.S.A. 2C:25-21a(1). 2. There is probable cause to believe that the terms of a no contact court order have been violated. The officer need not have a copy of the order if he/she can verify its existence with the appropriate law enforcement agency. N.J.S.A. 2C:29-9. 3. A warrant is in effect. 4. There is probable cause to believe that a weapon as defined in N.J.S.A. 2C:39-1r has been involved in the commission of an act of domestic violence. B. No Visible Signs of Injury: Where the victim exhibits no visible sign of injury, but states that an injury has occurred, the officer should consider other relevant factors in determining if there is probable cause to arrest, such as statements made, damage to the residence and availability of witnesses. C. Both Parties Exhibit Signs of Injury: In determining which party in a domestic violence incident is the victim where both parties exhibit signs of injury, the officer should consider factors such as the comparative extent of injuries, and the history of domestic violence between the parties, if any. D. Complaints: If the officer does not have probable cause to believe that an offense took place that would constitute an act of domestic violence, or the offense is one that does not require the officer to sign a complaint, the officer must explain to the victim that her or she may come into Headquarters and sign a complaint. E. Discretionary Arrest: A police officer may arrest a person or sign a criminal complaint against that person, or both, where there is probable cause to believe an act of domestic violence as set forth in section 1.1 has occurred, but none of the conditions set forth in section 2.2 (Mandatory Arrest) apply. 652.3 SEIZURE OF WEAPONS: 652.3.1 SEIZURE OF WEAPONS IS FOR SAFEKEEPING: On some domestic violence incidents, firearms, as well as any firearms permits, are to be seized. The investigating officer should always error on the side of safety for the victim. If the weapon is used in the domestic violence incident, then the weapon is to be seized as per the rule of evidence and not under the safe keeping regulations described below. A. A police officer who has probable cause to believe that an act of domestic violence has been committed will: 1. Question all persons present to determine whether there are weapons, as defined in N.J.S.A. 2C:39-1r, on the premises. B. If an officer sees or learns that a weapon is present within the premises of a domestic violence incident and reasonably believes that the weapon would expose the victim to a risk of serious bodily injury, the officer should attempt to gain possession of the weapon. 1. If the weapon is in plain view, the officer should seize the weapon. 2. If the weapon is not in plain view but is located within the premises jointly possessed by both the domestic violence assailant and the domestic violence victim, the officer should obtain the consent, preferably in writing, of the domestic violence victim to search for and to seize the weapon. 3. If the weapon is not located within the premises jointly possessed by the domestic violence victim and assailant but is located upon other premises, the officer should attempt to obtain possession of the weapon from the possessor of the weapon, either the domestic violence assailant or a third party, by a voluntary surrender of the weapon. 4. If the domestic violence assailant or the possessor of the weapon refuses to surrender the weapon or to allow the officer to enter the premises to search for the named weapon, the officer should obtain a Domestic Violence Warrant for the Search and Seizure of Weapons. C. If the victim believes the weapons place him or her in danger, then the weapons will be seized, regardless of the officer’s belief of any danger. D. Employees of the Woodbridge Township Police Department will surrender department owned weapons and personally owned weapons on domestic violence incidents if requested to do so by the responding supervisor, regardless of the involved employee’s rank or assignment. The employee will surrender the weapons when requested even if he or she is listed as the victim of the incident. E. Seizure of a Weapon Pursuant to Court Order: If a domestic violence victim obtains a court order directing that the domestic violence assailant surrender a named weapon, the officer should demand that the person surrender the named weapon. If the domestic violence assailant or the possessor of the weapon refuses to surrender the weapon, the officer should: 1. Inform the person that the court order authorized a search and seizure of the premises for the named weapon, and 2. Arrest the person, if the person refuses to surrender the named weapon, for failing to comply with the court order, N.J.S.A. 2C:29-9, and 3. Conduct a search of the named premises for the named weapon. F. Disposition of Seized Weapons: The officer must append an inventory of seized weapons to the domestic violence offense report. 1. Within two days of the seizure, the following items should be submitted to the Prosecutor's Office: a. The weapon(s) b. Firearms permits or copies of the paperwork indicating the existence of firearms permits. c. Investigation report d. An inventory report e. TRO and Domestic Violence Complaint f. Domestic Violence Report 2. No weapons seized in accordance with section 3.0 may be returned to the owner except upon order of the Superior Court. The prosecutor, upon notice to the owner, may apply to the court to obtain title to the seized weapons or to revoke any and all permits, licenses and other authorizations for the use, possession or ownership of such weapons pursuant to the law governing such use, possession or ownership if owner is unfit or that the owner poses a threat to the public in general or a person or persons in particular. A motion must be made by the Prosecutor within 45 days to seize the weapons or they must be returned, by law, to the defendant. 652.4 DOMESTIC VIOLENCE COMPLAINTS: 652.4.1 NOTICE TO VICTIM: When a police officer responds to a reported domestic violence incident, the officer must give and explain to the victim the rights of victims of domestic violence, which advises the victim of available court action. A. The victim may file: 1. A domestic violence complaint alleging the defendant committed an act of domestic violence and asking the court for assistance in preventing its recurrence, by asking for a temporary restraining order or other relief. 2. A criminal complaint alleging the defendant committed a criminal act. (See section 652.2: Mandatory Arrest, for guidance as to when a police officer must sign the complaint). 3. Both of the above. B. Jurisdiction: The jurisdiction for filing a domestic violence complaint by the victim: 1. During regular court hours, the victim may file the domestic violence complaint with the Family Part of the Chancery Division of the Superior Court. On weekends, holidays and other times when the court is closed the police department will assist the victim in filing a complaint with the municipal court. 2. The victim may file a domestic violence complaint: a. Where the alleged act of domestic violence occurred. b. Where the defendant resides, or c. Where the victim resides or is sheltered. C. Jurisdiction for filing criminal complaint by a victim in connection with filing a domestic violence complaint: 1. A criminal complaint against the defendant may be filed in the locations set forth in the section B above. D. A criminal complaint filed pursuant to section B shall be investigated and prosecuted in the jurisdiction where the offense is alleged to have occurred. E. If the officer believes that a temporary restraining order (no contact order) should be issued, the officer should inform the court of the circumstances justifying such restraints when the criminal complaint is being processed and bail is about to be set. The officer should include in the domestic violence offense report the reasons for the request and the court's disposition of the request. F. Jurisdiction for filing a criminal complaint without an accompanying domestic violence complaint. 1. During normal court hours, the victim may file a criminal complaint with the criminal court where the alleged act occurred. 2. On weekends, holidays and other times when the court is closed, the victim may file a criminal complaint with the law enforcement agency where the alleged act occurred. 3. If the officer believes that a temporary restraining order (no contact order) should be issued, the officer should inform the court of the circumstances justifying such restraints when the criminal complaint is being processed and bail is about to be set. The officer should include in the domestic violence offense report the reasons for the request and the court's disposition of the request. NOTE: The court can include a no contact condition as part of bail. A violation of this condition would be contempt. 652.5 REPORTS: 652.5.1 PROCEDURE FOR FILING REPORTS: A copy of the domestic violence offense report must be attached to all criminal complaints and to the civil domestic violence complaint when these documents are forwarded to the appropriate court. Temporary Restraining Orders, along with the Investigation Report and Victim Notification Form, must be faxed to Middlesex County Family Court as soon as the paperwork is generated. Criminal Complaints for Violations of Restraining Orders must be faxed to Middlesex County Family Court as soon as the paperwork is generated. A copy of all paperwork faxed to Middlesex County Family Court shall be forwarded to the Woodbridge Municipal Court. 652.6 COURT ORDERS: 652.6.1 APPLICATION FOR EMERGENT TEMPORARY RESTRAINING COURT ORDERS: Where an officer determines that an immediate court order is necessary or the victim requests an immediate court order, the officer shall contact the designated judge by telephone, radio or other means of electronic communication. A. Guidelines: 1. The officer should assist the victim in preparing a statement to be made to the judge. 2. Explain that the judge will place the person under oath and will ask questions about the incident. 3. If the judge issues a temporary restraining order, the police officer will be instructed to enter the judge's authorization on the prescribed form. 4. The officer also will be instructed to print the judge's name on the temporary restraining order. 5. The officer will then be instructed to serve the restraining order upon the alleged offender. B. Temporary Restraining Orders: Return dates may be provided by the issuing judge or the following guidelines can be followed: those orders issued on a Saturday, Sunday or Monday will have a return date for the Final Restraining Order the following Monday, Tuesday, or Wednesday, a little more then a week later. Return dates should be approximately 10 days from the date of issue (e.g., TRO on Saturday Sept. 1st, the FRO return will be Tuesday Sept. 10th. Sunday the 2nd and Monday the 3rd will have the same return date Tuesday the 10th.). 652.6.2 SERVICE OF TEMPORARY RESTRAINING ORDER (NO CONTACT ORDER): A. When the victim obtains a no-contact order but the defendant had not been arrested by the police and is present at the scene, the officer should: 1. Escort the victim to his or her home. 2. Read the conditions of the court order to the defendant if the defendant is present. 3. Order the defendant to vacate the premises. 4. Give the defendant a reasonable period of time to gather personal belongings. 5. Arrest the defendant if required by the court order or if the defendant refuses to comply with the order. B. Where a court order had been issued but was not served upon the defendant because the defendant could not then be located but the defendant is now at the scene, police should follow above procedures 2 through 5. C. Temporary Restraining Orders that need to be served outside Woodbridge Township will be forwarded (via fax) to the police department where the defendant is located. For service outside Middlesex County, the order should be faxed to Middlesex County Sheriff’s Department Communications in addition to the police department where the defendant is located. 652.6.3 COURT ORDER VIOLATIONS: Where a police officer determines that a party has violated an existing restraining order either by committing a new act of domestic violence or by violating the terms of a no contact court order, the officer must: A. Arrest and transport the party to either the police station or municipal court. 1. Ensure that a criminal contempt charge concerning the incident is signed by the Officer and completed on a complaint-warrant (CDR-2). CONTEMPT: 2C:29-9b (4th degree crime). 2. If appropriate, the officer should sign a complaint-warrant (CDR-2) for all related criminal offenses. The underlying offense(s) shall be placed on the same CDR-2 as the Contempt charge, regardless of degree, for domestic violence restraining order violations. 3. Bail for a contempt charge for violation of a restraining order may only be set by a Superior Court Judge. The officer may telephone the on-call Superior Court Judge or Middlesex County Bail Unit and request bail be set on the contempt charge. 4. If the defendant is unable to post bail, take appropriate steps to have the defendant incarcerated at police headquarters or the county jail. B. Inform the victim that the victim may also commence a civil proceeding against the defendant to enforce the existing court order if there was noncompliance with that order by the defendant. The victim should be referred to the Family Division Case Management Office to pursue this remedy. 1. On the next working day, notify the clerk at the Family Part of the Chancery Division of the Superior Court of the new complaint, the amount of bail, defendant's whereabouts and other necessary information. C. Lacking Probable Cause: Where a police officer determines there is no probable cause to arrest or sign a criminal complaint against the defendant for a violation of a no contact court order, the officer must advise the victim of the procedure for completing and signing either (1) a criminal complaint or (2) a civil complaint. 1. Criminal complaints for Part 2 violations of restraining orders: a. The victim must file the complaint with the Family part of the Chancery Division of Superior Court, New Brunswick, NJ. 2. Criminal complaints for Part 1 violations of restraining orders: a. The officer should transport or arrange for transportation of the victim taken to headquarters to complete the complaint process. b. The alleged offender shall be charged with contempt of a domestic violence court order NJSA 2C:299. The victim must sign the complaint and it must be prepared on warrant complaint (CDR-2). c. The officer in charge shall follow standard procedure in arranging to have a court set bail. D. Civil Complaint against the defendant for violations of a court order pertaining to support or monetary compensation, custody, visitation or counseling. The victim should be referred to the Family Division Case Management Office in order to pursue the civil enforcement of the court order. 652.7 VICTIM/WITNESS NOTIFICATION FORM: 652.7.1 GUIDELINES: When a domestic violence incident is investigated a Victim/Witness Notification Form is to be completed by the police officer. A. Requirements: 1. The victim should be informed that for the victim's protection, the prosecutor or the court must have the ability to contact the victim on short notice to inform the victim about the defendant's; a. Impending release from custody, or b. Application to reduce bail. 2. The victim should be provided with the telephone number of the a. Victim Witness unit of the Prosecutor's Office when a criminal complaint is signed, or b. Family Division Case Management Office/Domestic Violence Unit when a domestic violence complaint is signed. 3. The victim should be instructed to contact the appropriate office to provide new telephone numbers if the victim changes telephone numbers from the number listed on the Victim/Witness Notification Form. B. Procedures: Refer to Woodbridge Police Department S.O.P. 650: Victim/Witness Services for information concerning victim notification forms. 652.8 DISCLOSURE OF VICTIM'S LOCATION: 652.8.1 GENERAL GUIDELINES: The Prevention of Domestic Violence Act, 2C:25-25c, 26c and 28b, requires that the victim's location shall remain confidential and shall not appear on any documents or records to which the defendant has access. Title 2C:25-28b states; "The court shall waive any requirements that the petitioner's place of residence appear on the complaint". In order to comply with section 11.1, the defendant's copy (green sheet), the Complaint Summons (CDR-1), or Complaint Warrant (CDR-2) should not have the victim's location/residence listed. This area should be blackened out prior to the defendant receiving his/her copy. 652.9 CRIMINAL OFFENSES AGAINST THE ELDERLY AND DISABLED: 652.8.1 GENERAL GUIDELINES: Where an elderly or disabled person is subjected to a criminal offense listed as an act of domestic violence, as set forth in this policy, the police officer shall follow the appropriate procedures listed herein. A. Where the actions or omissions against an elderly or disabled person do not meet the domestic violence conditions, police may file appropriate criminal charges against the offender. A person charged with Endangering the Welfare of an Elderly or Disabled, (NJSA 2C:24-8), if the person has; 1. a legal duty to care for or has assumed continuing responsibility for the care of a person who is; a. 60 years of age or older, or b. emotionally, psychologically or physically disabled, and c. the person unreasonably neglects or fails to permit to be done, any act necessary for the physical or mental health of the elderly or disabled person. 652.10 PROCEDURE FOR DISPATCHER: 652.10.1 GENERAL GUIDELINES: A domestic violence call will be given the same priority as any other life threatening call and will result in the dispatch at least two officers to every incident. A. Eliciting Information: In addition to information normally gathered, every effort should be made to determine and relay to responding officers the following information: 1. Whether the suspect is present and, if not, the suspect's description and possible whereabouts; 2. Whether weapons are involved or present at the residence; 3. Whether the offender is under the influence of drugs or alcohol; 4. Whether there are children present; 5. Whether there are any current retraining orders in effect (including a check for restraining orders in the Central Registry); 6. Complaint history at that location. B. Canceling Calls: Dispatchers should not cancel police response to a domestic violence complaint based solely on a follow-up call from the residence requesting such cancellation. However, the dispatcher shall advise the responding officers of the request. 652.11 RESPONDING OFFICER PROCEDURE 652.11.1 GENERAL GUIDELINES: The first officer on scene should make every effort to await patrol vehicles out of view of the occupants of the residence unless circumstances of the incident dictate differently. A. Officers at the scene of a reported domestic violence, where one of the residents claims the report is unfounded, should take the necessary action to determine the well being of the caller/victim prior to leaving the scene. B. Officers should make every effort to keep the participants of a domestic violence call separated while conducting a fact-finding interview. C. First Aid: Officers should follow standard procedures in rendering or summoning emergency treatment of the victim, if required. 652.11.2 MANDATORY SUPERVISOR RESPONSE: When a domestic violence incident occurs in the following situations, a supervisor will respond to the scene and will ensure that all evidence is collected and all police reports and applicable criminal complaints and restraining orders are completed: A. One or more involved participant is a law enforcement officer (regardless of jurisdiction) 1. When the incident involves a police officer, the on-scene supervisor will ensure notification is made to Woodbridge Police Internal Affairs; the involved officer’s internal affairs office, and the Middlesex County Prosecutor’s Office. 2. For incidents involving Woodbridge Township Police Officers, the supervisor will complete all required reports. B. One or more of the involved parties is a township employee or elected official of the township. 652.12 DOMESTIC VIOLENCE SECURITY ALARM 652.12.1 GENERAL GUIDELINES: Currently, ADT Alarm Company installs alarms, free of charge, into the homes of certain domestic violence victims. The victims must meet certain conditions that will justify the installation of the alarm and an emergency response. The county domestic violence shelter, WomenAware Outreach office in New Brunswick, completes the application process. This policy will apply to all domestic violence security alarms, regardless of alarm company. A. The conditions include: 1. Extreme danger of attack by a person who is subject to a restraining order. 2. Willing to maintain the restraining order as an active order. 3. Willing to testify and cooperate with any criminal prosecution. 4. Have a telephone in the residence. 5. Victims must sign a waiver form acknowledging that if the alarm is activated the police may enter the residence. B. Alarm installation: WomenAware will contact the police department at least one day in advance to respond to the residence when the alarm is being installed in order to obtain the required information. The responding officer is to inspect the premises and complete an investigation report for the installation of a domestic violence alarm. This report must include a history of violence at that address, and involving the suspect and/or the victim regardless of where the violence occurred, so that CAD has information necessary for victim and officer safety. A copy of the report and the signed waiver is to be forwarded to the Communications and Data Processing Division for entry into the CAD system. A copy of the signed waiver will be placed into the dispatch binder for ADT DV alarms. C. Responding to ADT DV Alarms: When an alarm is received ADT will advise dispatch that it is a domestic violence alarm. When the address is entered into CAD, a note will be visible stating that an ADT DV alarm was installed. Responding officers will respond in priority mode to a possible domestic assault. The officer will secure the premises and if the situation dictates a forcible entry will be made to ensure the safety of the victim. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures BIAS INCIDENT INVESTIGATION Chapter: 653 Volume Six: Operations Support Date(s): Authority General Order #: File #: Effective: Nov. 26, 1997 Chief Wm. Trenery 97-016 653-971 Revised: Sept. 28, 2001 Chief Wm. Trenery 01-005 653-051 Revised: 11-9-11 Director R. Hubner 11-003 653-111 Revised: Revised: Revised: Revised: LEGAL REFERENCES: Attorney General of the State of NJ Directives, Criminal Justice Act of 1970, NJSA 52:173-97 et seq. ACCREDITATION STANDARDS REFERENCES: 653.1 POLICY & PURPOSE: 653.1.1 POLICY: It is the policy of the Woodbridge Township Police Department to comply with the instructions of the NJ Attorney General concerning the investigation into acts of Bias Crimes. All members and employees shall follow the Bias Incident Investigation procedures outlined herein. 653.1.2 PURPOSE: Crimes having a racial, religious, sexual orientation or ethnic component manifest themselves in a wide spectrum of antisocial activities. These Bias Incidents jeopardize the active and open pursuit of freedom and opportunity. Bias Incidents attack the racial, religious and ethnic heritage of our citizens, important elements of our history and future. Closely linked to our heritage are individual values, beliefs and identities. Bias Incidents undermine these foundations of freedom. Criminal acts directed at another which are the result of senseless prejudice and discrimination cannot be tolerated within any community. It falls upon all law enforcement agencies to handle these crimes with a degree of care, compassion and sensitivity. Law enforcement officers must not just focus their attention toward a swift resolution of such incidents, but be aware of the other critical issues involved. The message that a police officer sends to the victim, bears a direct reflection upon the community and the quality of life within that community. Bias incidents may tend to generate fear and concern among victims and the community. These incidents have the potential of recurring, escalating, and possibly causing counter violence. Therefore, it is the purpose of this policy to define the agency’s response to Bias related crimes through a comprehensive law enforcement response, in order to meet the immediate needs of the victim, and of the community as a whole. 653.1.3 DEFINITIONS: A. BIAS INCIDENT: For New Jersey law enforcement purposes, a bias incident is defined as any suspected or confirmed offense or unlawful act which occurs to a person, private property, or public property on the basis of race, color, religion, gender, handicap, sexual orientation, or ethnicity. Bias Incident Offenses may include: 1. Murder 2. Manslaughter 3. Sexual Assaults 4. Robbery 5. Aggravated Assaults 6. Burglary 7. Larceny - Theft 8. Simple Assault 9. Arson - Malicious Burning 10. Criminal Mischief 11. Fear of Bodily Violence (NJSA 2C:33-10) 12. Damage to Property; Threat of Violence (NJSA 2C:33-11) 13. Weapons Offenses 14. Sex Offenses 15. Terroristic Threats 16. Trespassing 17. Disorderly Conduct 18. Harassment 19. Desecration of Venerated Objects 20. All Other Bias Incidents B. HANDICAP: For bias incident offense reporting, " 'Handicapped' means suffering from physical disability, infirmity, malformation or disfigurement which is caused by bodily injury, birth defect or illness including epilepsy, and which shall include but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or from any mental, psychological or developmental disability. Handicapped shall also mean suffering from AIDS or HIV infection." 653.2 GENERAL GUIDELINES: 653.2.1 GUIDELINES FOR DETERMINING A BIAS INCIDENT: To assist personnel in confirming whether a suspected Bias Incident is actually bias motivated, the following criteria shall be applied. These criteria are not all inclusive. Common sense judgment must also be applied in the final determination. A. MOTIVE: 1. The display of any bias symbols, words, graffiti or other types of evidence. 2. Statements made by the suspects. 3. Statements made by the witnesses. 4. Prior history of similar incidents in the same area affecting the same victim group. 5. Is the victim from one racial, religious, or ethnic group and the suspect from another? 6. Did the incident occur solely because of a racial, religious, or ethnic difference between the victim and actor, or for other reasons? 7. Is the victim the only racial, religious, or ethnic group member in the neighborhood or one of a few? 8. Did the victim recently move into the area? 9. Is the victim acquainted with neighbors and/or associated with local community groups? 10. What was the trademark (MO of the actor). Is it similar to other documented Bias Incidents? 11. Has the victim experienced past or repeated incidents of a similar nature? 12. Is there a connection between the date of the incident and holidays, school activities or other special public discussions or events? 13. Has there been prior or recent media coverage of similar incidents? 14. Is there an ongoing neighborhood problem that may have contributed to the event (Could the act be retribution for some conflict with neighbors or area juveniles?) 15. Does the MO signify a "copy cat" syndrome of other incidents? 16. Is an organized hate group indicated in the incident? 17. Is literature involved? What type is it? 18. Is there any documents or suspected organized hate group activity in the area? 19. Was organized group involvement actually present or made to appear so? 20. Were the real intentions of the actor to commit a Bias Incident or were there other motives? 21. Does the actor have a true understanding of the impact of the Bias Incident on the victim? 22. Was the victim put in fear due to the incident? 23. Did the victim feel threatened due to the incident? 24. If after applying these criteria and asking the appropriate questions, a suspected Bias Incident cannot be definitely determined to be any other type of incident or is a borderline case, it should be confirmed as a Bias Incident for continuing investigation purposes. 653.3 POLICE RESPONSE: 653.3.1 ROLE OF THE POLICE DIRECTOR: It is a well known fact that the chief executive of any law enforcement agency not only prescribes regulations and policy of the agency, but also sets the tone and spirit in which those standards are enforced. It is for this reason that this portion of the procedures are included. A. RESPONSIBILITIES: 1. Provide leadership and direction by developing a clear and concise formal Bias Incident policy and procedure and disseminating it to all department personnel. 2. Publicly announce the agencies Bias Incident investigation policy. Explain that the public should immediately contact the police when a Bias Incident occurs. 3. Ensure that all law enforcement officers of the agency receive appropriate training in Bias Incident response and investigation. 4. Ensure that an appropriate initial law enforcement response is provided to all suspected or confirmed Bias Incidents and that a complete follow-up investigation is carried out, as appropriate. 5. Ensure that security is increased in the affected area, as appropriate. 6. Personally visit the victim of a Bias Incident, or designate an officer to do so. 7. Ensure that the Bias Incident investigation is actively pursued to a successful conclusion or until all leads have been considered. 8. Ensure that all relevant information regarding suspected or confirmed Bias Incidents is shared with the County Prosecutor, the Office of Bias Crime and Community Relations in the Division of Criminal Justice, the Division of State Police Central Security Bureau and other appropriate law enforcement agencies within a reasonable period of time, as necessary. 9. Ensure that victim/witness service referrals are made in a timely manner, as appropriate. 10. Enlist the aid of religious, community, business and educational groups as well as other community leaders in an effort to moderate the impact of the Bias Incident, to reduce the potential for counter-violence and to promote good police community relations. 11. Ensure that community relations activities and crime prevention programs are conducted, as appropriate. 12. Maintain contact with community leaders concerning the Bias Incidents. 13. Conduct appropriate media relations. Prepare accurate and timely public information news releases, as appropriate. 14. Ensure that all confirmed Bias Incidents are reported as required to the Uniform Crime Reporting System using Division of State Police Uniform Crime Reporting procedures and report forms. 15. Ensure that victims and other concerned parties are informed of the final disposition of the incident. 653.3.2 RESPONDING OFFICER: It shall be the responsibility of each officer to be alert to the fact that a criminal offense may have been directed at an individual, private property, or public property for no other reason than motives based upon prejudice or discrimination of a particular race, religion, or ethnic background. Bias Incidents may generate fear and concern among victims and the community. These incidents have the potential of reoccurrence, escalating and possibly causing counter-violence. Therefore, Bias Incidents require a thorough and comprehensive response on the part of all sworn officers charged with investigation of such incidents. A. REQUIRED ACTIONS: When an initial responding officer arrives on the scene and determines the situation may involve a Bias Incident, he or she will: 1. Apprehend the actor, if applicable. 2. Provide assistance/first aid to the victim. 3. Protect the crime scene in preparation for gathering of evidence. 4. Request that a law enforcement supervisor respond to the scene. 5. Conduct a standard preliminary investigation. 6. Obtain the name and addresses of all persons who witnessed or who are acquainted with the circumstances of the incident. All such persons shall be questioned in detail. 7. Prepare a standard police report. Document the basic facts and circumstances surrounding the incident to include the following: a. Name, address, telephone numbers and other information regarding the victim and witnesses. b. Where incident occurred. c. Person and/or property targeted. d. How targeted. e. Means of attack. f. Time of incident. g. Method of operation or trademark or unusual characteristics of the incident. 1. Display of any bias symbols, words, graffiti or other types of evidence. 2. Statements made by suspects. 3. Is the victim from one racial, religious or ethnic group and the suspect from another? 4. Is an organized hate group indicated in the incident? 5. Is literature involved and what type is it? h. Any and all relevant information provided by the victim and witnesses. 8. Refer the victim to the agency Victim/Witness coordinator. 653.3.3 RESPONDING SUPERVISOR: Because of the complexity and desire to provide a swift resolution for any incident, which may be based upon prejudice and discrimination, it becomes imperative that all such investigations are properly supervised. A. REQUIRED ACTIONS: Upon arriving at the scene of a suspected or confirmed Bias Incident, the supervisor shall: 1. Supervisor the preliminary response and investigation. 2. Confer with the initial responding officer. 3. Assist in the stabilization of the victim as required. 4. Ensure that the crime scene is properly protected and preserved. 5. Take steps to insure the incident does not escalate. 6. Determine if additional personnel are required to provide complete public safety services. 7. Arrange for an immediate increase of patrols throughout the affected area, as soon as possible. 8. If the potential exists for further acts of violence or damage to property, arrange for officers to be assigned to the location of the incident in a fixed post position. 9. Attempt to verify if the occurrence is a confirmed Bias Incident following the guidelines for confirming Bias Incidents contained in these standards. Verification assistance should be provided by other levels of command and/or additional investigative personnel, as required. 10. Request the duty detective respond to the scene if a Bias Incident is suspected or confirmed. 11. Notify headquarters and other levels of command regarding the facts and circumstances surrounding the incident. 12. Request that the next level of command respond to the scene, as appropriate. 13. Provide headquarters with updated, factual information regarding the incident. 14. Ensure that the chief executive of the law enforcement agency is notified of the incident. 15. Ensure that all initial response reports are properly completed as soon as possible. 653.3.4 BIAS OFFICER: A. RESPONSIBILITIES: When required, the Bias Officer, or his designee, shall respond to the scene of a suspected or confirmed Bias Incident as directed by supervisory personnel. The Bias Officer shall also be responsible for the following: 1. Conduct in-service Bias Incident police community relations training for agency personnel. 2. Publicly announce the agencies Bias Incident investigation policy. Explain that the public should immediately contact the police when a Bias Incident occurs. 3. Meet with residents and neighborhood groups in areas where suspected or confirmed Bias Incidents have occurred (or may potentially occur). 4. Maintain liaison with community leaders, civil groups and social service agencies, religious and professional organizations and public, private and parochial schools. 5. Organize police community relations programs, which reflect the needs of the community. 6. Assist in developing cooperative programs, which involves the law enforcement agency with other community wide organizations. 7. Conduct Bias Incident awareness and education programs in the school system and throughout the community, as appropriate. 8. Coordinate police community relations activities with crime prevention programs. 9. Determine the primary elements of the incident and obtain information necessary to complete the data elements of the Uniform Crime Report supplementary Bias Incident offense report. Primary elements of the investigation include: a. Persons targeted - This includes the name, address, telephone number, personal background and other details of the victim. b. Object targeted - This includes details on the type of premises, building or institution against which the offense was committed (private premises, public property or property primarily used for religious, educational, residential, memorial, charitable, or cemetery purposes, or for assembly by persons of a particular race, color, creed or religion). c. How targeted - This includes the way in which the person or property was attacked or damaged (assaulted, put in fear of bodily violence by placing on public or private property a symbol, an object, a characterization, an appellation or graffiti that exposes another to threats of violence, contempt or hatred on the basis of race, color, creed or religion, defacement or damage by placing of a symbol, an object, a characterization, an appellation, or graffiti that exposes another to threat of violence, contempt or hatred on the basis of race, color, creed or religion). d. Means of attack - This includes the instrument, tool, device, or method by which the person or property was attacked or damaged. e. Time and date - This includes both the time and date reported and the actual time and date the offense was committed. f. Trademark - This includes the MO or individual identifying characteristics of the Bias Incident, which may serve to distinguish the offense from others committed in much the same fashion. This element is helpful in connecting a suspect with past incidents 653.4 REPORTING REQUIREMENTS: 653.4.1 GENERAL GUIDELINES: To facilitate interagency cooperation, the Office of Bias Crime and Community Relations in the Division of Criminal Justice shall be notified of all suspected or confirmed Bias incidents, as soon as possible, but in no event no later than 24 hours of knowledge of such incident. Said notification shall be by the departmental Bias Officer, or in his absence, the duty detective. This requirement shall be in addition to notification of the county prosecutor’s office within the same time period as set forth in the “Bias Incident Investigation Standards - Policy and Procedures for New Jersey Law Enforcement” promulgated in 1991. Notwithstanding the above, the Office of Bias Crime and Community Relations in the Division of Criminal Justice shall be notified immediately of all suspected or confirmed bias incidents that involve homicide, sexual assault, aggravated assault, arson, law enforcement officer as alleged perpetrator, organized hate group as the suspected perpetrator, or the potential to generate large scale unrest. This requirement shall be in addition to notification of the county prosecutor’s office and the Central Security Bureau of the New Jersey State Police as set forth in the “Bias Incident Investigation Standards - Policy and Procedures for New Jersey Law Enforcement Officers” promulgated in 1991. Notification required shall be by telephone or facsimile machine. All Police Reports and the Supplementary Bias Incident Report shall be delivered or faxed to the Office as soon as practicable. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures LINE OF DUTY: SERIOUS INJURY OR DEATH Chapter: 654 Volume Six: Operations Support Date(s): Authority General Order #: Effective: May 4, 1998 Chief Wm. Trenery 98-007 Revised: 01-09-12 Director R. Hubner 11-003 Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 22.2.4 File #: 654-981 654-121 654.1 OFFICER(S) KILLED/SERIOUSLY INJURED IN THE LINE OF DUTY: 654.1.1 POLICY: It will be the policy of this department to immediately respond to the family of a departmental member who is seriously injured or killed in a line of duty incident. Written procedures will be in place to guide the department through the point of initial crisis, family notification, and all other support services required of such an incident. 654.1.2 PURPOSE: In 1994, a Lower Township NJ Police Officer, David C. Douglas Sr., was killed in the line of duty. Upon his death, the department quickly discovered that they were totally unprepared for dealing with the death or serious injury of an officer in the line of duty. There were no written policies or plans in place. In the months that followed the event, the agency critiqued what had happened, they analyzed what seemed to go right and what seemed to go wrong. A written report of their analysis was formulated into a report and was forwarded to every police agency in New Jersey for their use in the event they would suffer a similar tragedy. This policy and procedure is an outline of the results of their study. Through the implementation of the recommendations of the Lower Township Police Department, this agency will be prepared to deal effectively with an incident of this magnitude. 654.2 IMMEDIATE NOTIFICATION PROCEDURES: 654.2.1 GENERAL GUIDELINES: A. CRISIS MANAGEMENT: The events surrounding a line of duty death or serious injury will most likely be accompanied by a period of crisis. During this time it is extremely important for the Shift Commander to also provide for the management of the notification of death/serious injury process in conjunction with the handling of the immediate death/serious injury related crisis. B. STAFF NOTIFICATIONS: 1. Notification to the Police Director and Command Level Personnel: The Shift Commander shall make an immediate notification to the Chief Law Enforcement Officer (CLEO) and the member's Division Commander. The CLEO will notify the Police Director C. FAMILY NOTIFICATION: Notification of the death/serious injury to the family will occur as soon as possible (i.e., immediately), by the highest ranking officer available. In the event the Police Director, Deputy Police Director, CLEO and Division Commander cannot make an immediate response to provide for the notification, the responsibility for notification is that of the Shift Commander. 1. PRINCIPALS OF FAMILY NOTIFICATION: Notification will be made using the following principles: • In Person A personal face-to-face notification, • In Pairs A notification by at least two officers, • In Time As soon as possible after the death is confirmed, • In Plain Language A full disclosure of all known facts, and • With Compassion With appropriate interpersonal skills. a. In person: The Family Notification shall always be in person. If the survivors are in another jurisdiction or they are not in the immediate area, then the nearest law enforcement agency shall be contacted to make the necessary notification. The senior officer is responsible for determining who will be the Notification Officer. b. In pairs: The Family Notification shall be done by at least two officers, one of which should be the highest ranking officer available, if possible c. In time: The Family Notification of an officer's death shall be made as soon as possible after information is learned of the officer's death/serious injury. d. In plain language: The Family Notification shall be made in plain language, so as to avoid any misunderstanding of the circumstances. Full disclosure of the situation should be made to the family. e. With compassion: The Family Notification shall be made with all possible compassion for the family and survivors. The family should be told that the department will assist them and that a specific officer will be assigned to provide help in the future. 2. PARENTS: If there are parents of the deceased officer in the area, then the Notification Officer(s) shall make an attempt to contact them using the principles of Family Notification. 3. CHILDREN: The Notification Officer(s) shall make an attempt to learn if there are any children that need to be transported to their residence, or the hospital. If the children are adults, the Family Notification should also be made to them, if possible. 4. HOSPITAL: If it is possible to get the survivors to the hospital prior to the death of the officer, then the notification officers should arrange any transportation needed and also notify the hospital that the family members will be arriving. a. An officer shall be assigned to transport the family and stay with them as needed. D. OFFICERS WITH CLOSE RELATIONSHIPS: Notification Officers shall attempt to determine if the seriously injured/killed officer had a close relationship with another agency member(s). In such cases, the notification to those members shall be in conformance with the Family Notification Guidelines. E. NOTIFICATION OFFICERS: The officers acting as the Family Notification Officers shall immediately prepare a brief written report for the Police Director describing the actions they took and the family members that were notified. 654.2.2 CONTROL OF INFORMATION: A. COMMUNICATIONS: All communication about the death of the officer shall be restricted until the notification of the family is made. This includes radio transmissions using the officer's name. There will be an information shut-down and any and all information regarding the officer's serious injury and/or death shall not be released to other off-duty department members until the immediate family is notified! 1. MEDIA: If the media learns of the officer's death and identity, then the ranking officer on duty and/or Public Information Officer shall attempt to request that the media member withhold information until family notification is made. 654.3 POST INCIDENT PROCEDURES: 654.3.1 THE FAMILY REPRESENTATIVE: The Police Director shall be responsible for selecting a family representative liaison officer. A. The family representative should be a volunteer and a friend of the deceased officer. He/she will arrange for the initial support of the family by the department and act as liaison between the family survivors and the department. It should be understood that his/her first responsibility is to the family and survivors of the deceased officer and not to the department. The Family Representative will provide immediate support to the surviving family members of the deceased. 654.3.2 SUPPORT SERVICES - PERSONNEL: The Police Director shall make support services (counseling) available to agency personnel who may be in need due to the nature of this type of incident. Such services will be offered in conformance with agency policy concerning same. 654.3.3 NCIC/CJIS TELETYPE: Upon notification of all family members, the Officer in Charge shall draft, and direct a communication's officer to send, an appropriate teletype message for national broadcast through the NCIC/CJIS. 654.4 POLICE FUNERAL: 654.4.1 PURPOSE: The purpose of this section of policy is as follows: A. To provide appropriate department representation at the funeral of an agency member, which is an expression of respect for the deceased officer and sympathy to the surviving family. B. To provide appropriate department support, if the surviving family wishes, with the planning of a funeral of an agency member. C. To establish department funeral procedures and define responsibilities, assignments and the conduct of members at a police funeral. 654.4.2 GENERAL GUIDELINES: It shall be the policy of the department to offer to the survivors a formal Police Funeral with full honors when an officer is killed in the line of duty in circumstances as set forth in the Public Safety Officers’ Benefit Act. A. In circumstances other than being killed in the line of duty, the Police Director may offer the survivors the support of a Fraternal Funeral Service, which includes uniformed honor guards, pallbearers and escort, or if appropriate, assisting the survivors plan a civilian funeral which is without unformed department representation 654.4.3 FUNERAL COMMANDER: The Police Director shall assign a Funeral Commander. The Funeral Commander will determine from the surviving family members, if all appropriate support was given during any notifications made in regards to the death of the member. Any additional support required in regards to the notification procedure should be rendered as soon as possible. A. Headquarters Bunting: The Funeral Commander shall make arrangements for the entrances of Police Headquarters/Municipal Building to be draped in appropriate bunting. B. Flags at Half Mast: The Funeral Commander shall make arrangements for all municipal flags to be placed at half mast. C. Badge Covers: The Funeral Commander shall issue to all departmental members, black badge covers to be worn over the breast badge of each departmental member. 654.4.4 MEETING WITH SURVIVORS: The Funeral Commander will meet with the surviving family and the Family Representative as soon as possible in order to determine if the services of the department are requested. If a police funeral is requested by the family then the Funeral Commander will explain to the survivors the support being offered to the family. The Funeral Commander should also keep the parents of the deceased officer, if appropriate, briefed as to the funeral plans. A. Determine from the survivors the following: 1. The funeral home being used, 2. The type of funeral service requested, 3. The date of the funeral service, 4. The location of the cemetery being used, and 5. The date and location of any additional viewing/service, if needed. 654.4.5 FUNERAL HOME DIRECTOR: The Funeral Commander and the Family Representative should escort the survivors to meet with the Funeral Home Director as soon as possible. 654.4.6 MEDIA REPRESENTATIVE: The Municipal Public Information Officer (P.I.O.) shall act as the Media Representative with the news media for the duration of the funeral planning and service. The P.I.O. should be provided a complete history of the deceased officer, circumstances of the death, and any other information necessary to provide an initial news release. The P.I.O. shall assist the news media, so they can provide an appropriate tribute to the deceased officer. The Funeral Commander or Family Representative should attempt to have a photograph of the deceased available to the news media. The photograph could be on a loan, photographed by the media, then returned to the survivors. Photographs including the family can also be made available, if the family so directs. A. Information about the funeral service should also be included in the news release. 654.4.7 FUNERAL HOME ASSISTANT: The Funeral Commander shall assist the funeral home with obtaining and dressing the deceased officer in proper uniform, which is as follows: Cap with deceased member's badge. Dress Uniform including a shirt, tie and a tie tack. All appropriate badges and name plate(s). Slacks Shoes and socks All uniform items are to be in new condition. 654.4.8 THE UNIFORM OF THE DAY: The uniform of the day concerning all matters related to the Funeral shall be the full Dress Uniform. Consisting of a long sleeve uniform shirt, tie and tie tack eight point hat with a hat badge, white gloves, badge with black badge cover, name tag, appropriate uniform footwear and a leather duty gun belt, holster and approved equipment. 654.4.9 FUNERAL WATCH: The Funeral Commander will delegate a volunteer to be the Funeral Watch Commander who will organize a Funeral Watch made up of all volunteer officers. This is accomplished by posting a police vehicle at the Funeral Home during the entire time the deceased officer is located there, 24-hours a day. The Funeral Watch is performed in four hour shifts by having volunteers posted in the police vehicle. Police Officer volunteers from nearby departments can also be used as members of the Funeral Watch. The Funeral Watch is maintained until the honor guard takes their post. 654.4.10 HONOR GUARD COMMANDER NAMED: The Funeral Commander will determine who will be the Honor Guard commander and delegate the organization of the Honor Guards. This is to include the following: A. Drill practice prior to the service. B. Inspection of dress uniforms. C. Planning a schedule of assignments. 654.4.11 HONOR GUARD: The Honor Guard Commander will assemble and brief all Honor Guard members prior to the funeral services. The Honor Guard will, whenever appropriate, move as a unit in a military fashion. 654.4.12 POSTING OF THE HONOR GUARD: The Honor Guard will be posted whenever the deceased member is on public view and during any private viewing of the deceased by family members, unless the immediate survivor specifically requests that the Honor Guard withdraw. A. SHIFTS: The Honor Guard shall be posted in shifts consisting of two officers, taking positions at the ends of the casket, standing at parade rest while posted. No salutes are required when posted. B. RELIEF PROCEDURES: 1. The “relief” honor guards will march to the casket and halt facing the duty guards. The relief guards will stand at attention. 2. The duty guards will come to attention and a slow hand salute shall be exchanged by the guards. 3. The duty guards shall take two side steps and march away. 4. The relief guards shall take a step forward and execute an about-face and assume the parade rest position. 5. The shifts shall be twenty minutes long, unless a funeral service is about to begin, then the guards should change immediately prior to the start of the service and not change until the service is terminated. 6. All relief moves shall be made in a military manner. C. DETAIL CONCLUDED: The Honor Guard detail is concluded when the Pallbearers take possession of the casket. 654.4.13 PALLBEARERS NAMED: The Funeral Commander shall determine the pallbearers. This should be done whenever possible, with the participation of the survivors. A. MEETING WITH FUNERAL DIRECTOR: The pallbearers shall meet prior to the service with the Funeral Director for instructions and to practice the movements needed to handle a casket. The senior ranking officer serving as pallbearer will be responsible for the proper performance of the duties. The pallbearers will move the casket as directed by the Funeral Director. B. TRANSPORTATION: The Funeral Commander shall make arrangements for transportation for all Honor Guards and pallbearers. The police officers assigned to drive the vehicles for the Honor Guard and pallbearers will be responsible for securing all sidearms during the funeral services. 654.4.14 FUNERAL PROTOCOL: The Funeral Commander will plan for the family survivors to sit front right at the funeral service and for members of the deceased officer's department to sit, by ranking order, front left. The Chief Law Enforcement Officer should be seated front left by the center aisle. A. VISITING OFFICERS: In most cases the visiting officers will not be able to be seated for the services. The visiting officers should gather at the staging area and prepare to pass in review of the deceased officer. After which, they will stand by until it is time to escort the funeral procession. 654.4.15 THE FUNERAL SERVICE: The Funeral Commander will determine from the family survivors the type of funeral service requested. The following funeral service can be suggested: A. The deceased officer is viewed in private by the immediate family, B. The deceased officer is viewed by the public the night prior to the burial OR the funeral service and burial is held all on one day, C. The deceased officer after the viewing has a funeral service conducted by appropriate clergy, and any additional speakers requested by the survivors. D. Immediately prior to the start of the funeral service, the immediate family survivors will take a short break to refresh, then enter again with the clergy and sit front right. Then the members of the deceased officer's department will enter as a group in order of rank with the Chief Law Enforcement Officer first. They will pass in review of the deceased officer, passing the casket from the foot to the head. They will then be seated front left for the service. 1. Visiting officers from other jurisdictions will pass in review of the deceased officer in a single file. E. When the funeral service is completed. 1. Members of the deceased officer's department stand and pass in final review of their fellow officer. 2. The department members then form an aisle by making two lines outside for the casket to pass through. 3. Visiting officers form in the staging area next to the location of the funeral service in preparation for the funeral procession. 4. The Funeral Director guides the pallbearers in moving the casket to the hearse. 5. Police honors are accorded when the casket is being moved outside. 6. The deceased officer is escorted in a funeral procession by department members and visiting police officers from the church or funeral home to the cemetery for grave side services. 7. The department members again form an aisle at the grave side for the casket to pass through. 8. Grave side services are rendered by the clergy after the casket is in place at the grave. After the grave side clergy service is concluded, the Funeral Commander will initiate police honors. 9. The department renders police honors by: a detail hand salute, Flag folded in a military manner and presented by the Chief Law Enforcement Officer to the survivor, Rifle squad firing a volley three times, Taps played, and if Police Bag Pipers are available, they can be used at this time. 654.4.16 PROCEDURES TO MOVE THE DECEASED: The deceased officer's casket is only to be moved by the Pallbearers. All department members and visiting officers shall stand at attention and render a hand salute whenever the casket is being moved outdoors. A. This will be done by the command, “Detail, Present Arms” and “Detail, Order Arms”. B. Prior to the casket being moved from the funeral service location, all available department members shall form two ranks, facing each other and making an aisle. The aisle shall be wide enough to permit passage of the casket and pallbearers. The Chief Law Enforcement Officer shall be closest to the hearse. Other officers will form according to rank with the junior ranking officers closest to the church funeral home. C. This procedure will be repeated at the grave site with the Chief Law Enforcement Officer closest to the grave and the junior officers closest to the hearse. 654.4.17 FUNERAL PROCESSION: The Funeral Commander shall determine the route of the funeral procession. If the route is not overly long, a funeral procession march by uniformed officers can be considered. The following configuration should be used for vehicle funeral processions or marches: A. Funeral Vehicle Procession Police escort vehicles Flower cars Hearse Funeral home vehicle with immediate family only Police vehicles with pallbearers Police vehicles with department members Private vehicles with other family members & friends Police vehicles from visiting agencies Police escort vehicles B. If the funeral procession is a march, then it is as follows: Police escort vehicles Flower cars Color Guard Pallbearers The hearse with the fellow officers of the deceased marching along side and behind Funeral home vehicles with immediate family Officers from visiting agencies marching in columns Citizens walking as a group Police escort vehicles followed by any private vehicles being used C. If available, motorcycle units can lead the front of either procession. 654.4.18 REPORTING TIME AND STAGING AREA: The Funeral Commander shall determine the most appropriate reporting time for the department members and visiting police officers to meet and also a staging area for officers to meet. This information should be included with funeral messages issued to other law enforcement agencies. If necessary, maps of the staging area, parking lots and all funeral routes should be included. 654.4.19 TRAFFIC OFFICER: The Funeral Commander shall delegate an officer to coordinate all traffic planning. This should include planning routes for visiting officers from other jurisdictions to use, making maps, locating potential parking areas for visiting officers and assisting the Funeral Commander in determining a staging area and funeral procession route. The Traffic Officer should survey all sites involved in the funeral, such as the church, funeral home, cemetery, and all routes to be used. This should also include the route needed to enter the cemetery, proceed to the grave site, and exit the cemetery. Additional officers should be assigned to the Traffic Officer as needed to assist with visiting officers entering town, approaching the site of the funeral service, and locating parking areas. The procession route should also be surveyed for all needed traffic posts. 654.4.20 COLOR GUARD, BUGLER, AND RIFLE SQUAD: The Funeral Commander will make any needed communications to obtain the services of a Color Guard, Bugler, and Rifle Squad to participate in the formal funeral services. If approved by the surviving family, the services of Police Bag Pipes can also be attempted. 654.4.21 VISITING OFFICERS: The Funeral Commander shall select a Logistics Officer to assist with accommodating the visiting officers at a location near the staging area. This should include refreshments prior to the service and again after the burial is completed. Additional arrangements should be made for any support needed by the visiting officers. If facilities are not available, then portable facilities can be considered for the day of the service. 654.4.22 WRITTEN AGENDA: The Funeral Commander should prepare a written agenda with the proper time and order of events. A copy of this agenda should be given to all personnel involved with the service, such as Clergy, Funeral Director, Traffic Officers, Rifle Squad Leader,. A Bugler, Color Guard, etc. All personnel involved with the service should be familiar with the agenda in an effort to maintain an orderly service that renders an appropriate tribute to the deceased officer 654.4.23 ESCORT ON FUNERAL DAY: On the day of the funeral service, the Family Representative will be assigned to escort the immediate survivor(s) from the time they depart for the service until they return home. The Funeral Commander will be in the police escort vehicle accompanying the funeral home vehicle when the family survivors and Family Representative are picked up to attend the funeral service. The family Survivors/Family Representative will have a police vehicle assigned. 654.4.24 CREMATED REMAINS: If it is decided to cremate the remains of the deceased officer and the ashes interred, prescribed procedures are as directed by the funeral home and the surviving family. These procedures shall govern A formal Memorial Service in lieu of a funeral service could be considered by the surviving family. 654.4.25 GRAVE MARKER: The Logistics Officer shall be responsible for obtaining a grave marker (flag holder) made of bronze, 1/2” thick and 6” in height with the representation of the department shield indicating the name of the deceased officer and the date of his/her death. This grave marker will be permanently place on an 18” metal rod on the grave of the deceased officer with the permission of the surviving family. A. The Police Director shall ensure the day shift patrol supervisor is assigned to visit and inspect the grave site of the deceased department member annually on May 15, National Police Memorial Day. All necessary repairs or replacements will be made and appropriate tribute to the fallen officers given. 654.5 FAMILY SUPPORT: 654.5.1 FAMILY BENEFITS COORDINATOR: The Police Director shall select a volunteer to assist the family survivors with obtaining the various family benefits available subsequent to an officer being killed in the line of duty. This should include pension, insurance, health coverage, the Federal Death Benefit, Workmen's Compensation, and Social Security. He/she shall also assist the surviving spouse with the personal paperwork, with the goal of having the survivor functioning without assistance as soon as possible. A. The duties of the Family Benefits Coordinator would conclude when all paperwork and applications are completed and available benefits are obtained. 654.5.2 FAMILY REPRESENTATIVE DUTIES: After the funeral, the Family Representative serves in a long-term liaison and support capacity for the surviving family. A. THE DUTIES INCLUDE: 1. Providing contact with surviving family members in order to keep them briefed on any criminal proceedings relating to the death of the deceased officer, 2. Escorting surviving family members to criminal proceedings, explaining the nature of the proceedings and assisting the prosecutor's office with supporting the family, 3. Identifying all support services available to family members, and working on their behalf to secure any services necessary, 4. Briefing family survivors on scheduled law enforcement memorials; on the national, state, and local levels, 5. Assisting the Benefits Coordinator with processing the necessary paperwork, 6. Maintaining routine contact with the survivors to provide companionship and emotional support, and maintaining an ongoing relationship between the department and the immediate family survivors, and 7. Relaying the concerns and the needs of the family to those individuals or organizations that may provide assistance, encouraging others to visit and help as necessary. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures EMERGENCY MESSAGES Chapter: Volume Six: 656 Operations Support Date(s): Authority General Order #: Effective: April 23, 1998 Chief Wm. Trenery 98-006 Revised: Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 55.2.6, 81.2.11 File #: 655-981 656.1 POLICY & PURPOSE: 656.1.1 POLICY: Accepting and delivering emergency messages is a legitimate law enforcement function. Therefore, it will be the policy of this agency to accept and deliver emergency messages. 656.1.2 PURPOSE: The purpose of this policy is to define the type of emergency messages which will be accepted and delivered by this agency. Contained herein is a description of the circumstances when such messages will be accepted and how the notifications will be made. 656.2 PROCEDURES: 656.2.1 REQUEST FOR NOTIFICATION - CALL SCREENING: Communications Officers shall screen all requests for emergency notification before assigning a patrol unit to deliver an emergency message. A. TYPES OF MESSAGES TO BE ACCEPTED: 1. Requests for assistance from other law enforcement agencies related to an official police investigation (i.e., motor vehicle accidents, criminal investigations). 2. Requests from family members concerning a legitimate emergency, which necessitates locating and notifying a family member, to include a death, serious illness or injury (See Section 656.3). 3. Requests from authorized medical personnel to locate a physician/nurse, which is related to an official medical emergency. 4. Requests from other governmental agencies related to an official emergent matter. 5. Requests from employers concerning matters related to an employee’s official position which is emergent in nature, and which pertains to a special skill or ability on the part of the employee. 656.2.2 ASSIGNMENT OF AN OFFICER: Once a notification has been verified and accepted for delivery by the Communications Officer, the call shall be assigned to the appropriate patrol unit. It shall be the responsibility of the Communications Officer to ensure the authenticity of the request prior to assigning the notification for service. This shall be accomplished prior to the actual delivery of the message. Every effort should be made to confirm the identity of the caller and the legitimacy of the request. This will prevent misinformation, or incorrect information, from being delivered. A. GUIDELINES FOR NOTIFICATION: Once the call has been authenticated, the assigned officer shall attempt notification. When speaking to the affected party, the officer shall present him/herself in a professional manner, while at the same time providing the individual with as much information as possible about the request. Officers may need to assist the individual in contacting the requesting party in the event assistance is requested, or if the news is of such a nature to place the person in emotional distress. 1. Attempts to Make Contact: In situations where the officer receives no response at the location, other means of locating the individual should be investigated. These may include the following: a. Neighbors b. Place of Employment c. Telephone Directories d. Change of address information, which may be found in such areas as Motor Vehicles computer files. e. Municipal tax records f. Other agencies. 2. Failure to Make Contact: Where an officer is unable to locate the individual in question, the officer shall leave a written notification. This note shall include the following information: a. Who the individual is to contact, to include appropriate phone numbers. b. The nature of the emergency (See Subsection #4 for further guidelines concerning the notification of death, seriously injured or ill persons). c. The name and phone number of the officer who is attempting contact. 3. Notifying the Caller of the Status of the Notification: Once completed with the assignment, the officer shall advise the party requesting the notification of the status of the notification attempt. 4. Death Notifications: Where the incident involves a death notification, or serious illness or injury, the officer shall not leave the notification by way of a written note. The officer shall only leave written notification to contact the calling party, or police headquarters (where the calling party was not available to the individual). a. These notifications shall always be made in person as outlined within this policy. 656.3 NOTIFICATIONS CONCERNING DECEASED, SERIOUSLY INJURED OR ILL PERSONS: 656.3.1 NOTIFICATION: Notification of death, serious illness or injury presents unique difficulties for both law enforcement personnel and survivors. Both notifying and being notified of the death of a loved one are most often painful and extremely traumatic experiences. Although there is no "easy" way to notify survivors (to include significant others) of a sudden and unexpected death, the compassionate expression of dignity and respect will result in proper notification, which will assist survivors to cope with their great loss. A. GENERAL GUIDELINES: Where possible, officers involved in the investigation should be utilized to notify the next of kin. At no time should survivors be notified of the death by telephone. Also, whenever possible, two officers should be assigned to the notification, with at least one officer in uniform. 1. Individuals react to death in various and often unexpected ways. Some may suffer physical reactions, which may require emergency first aid, while others may become violent or aggressive which may require their being physically restrained from harming themselves or others. In addition, it may be advantageous to notify two or more survivors separately, especially in instances, which may require them to provide law enforcement officers with investigative information. 2. In order to ensure that survivors are informed of a death by official sources, notification of the next of kin should occur as soon as possible after the death is discovered and the identity is determined. The identity of the deceased or facts and circumstances concerning the death should be provided to the next of kin prior to release to the media. 3. If possible, the notifying officers should obtain pertinent medical information about the survivors prior to making the notification. This will enable the notifying officers to respond more properly to the immediate needs of those who suffer chronic medical problems such as heart disease, hypertension, etc. B. SPECIFIC GUIDELINES: Upon arriving at the survivors' residence, the officers should introduce themselves, present their credentials, and politely request to be admitted. If a child answers the door, the officers should request to speak with his or her parents or guardian. 1. After admission to the residence the officers should attempt to seat the survivors and ensure that the notification will be made to the appropriate individuals. The officers should inform the survivors of the death, serious illness or injury simply and directly and answer their questions tactfully but honestly. They should provide as much information as possible without jeopardizing a potential criminal investigation where applicable. The officers should ask the survivors if they would like to have family, friends or clergy contacted to assist them. 2. Under normal circumstances officers should not depart the residence of a sudden death survivor who resides alone until a designated friend or relative arrives. 3. After sudden death survivors have recovered from the initial shock of learning of the loss of a loved one, the officers should explain what can be expected of them in the immediate future. Survivors should be informed that it may be necessary for them to identify the deceased. If so, the officers should assist in the transport or arrange the transportation of the survivors to and from the hospital or morgue. 4. If it appears likely that survivors will have to be questioned by other law enforcement personnel, they should be so informed. If it is imperative that the survivors be questioned immediately following notification, it should be conducted with compassion. 5. Prior to departing the residence, the officers should provide the next of kin with their names and telephone numbers so that additional questions can be answered and further assistance rendered, if necessary. 6. There will be times when the survivors of sudden and unexpected death are not immediately available. In such cases it is suggested that the officers inquire of a neighbor if the next of kin is expected home and at what time. If a survivor is at his/her place of employment, the notifying officers should proceed there, contact the survivor's supervisor and request to speak to the survivor privately so that notification can be made. In other cases where survivors are unavailable and the neighbor is able to provide an expected time of arrival, the officers should return at such time to make the notification. 7. If the neighbor is unable to provide a time when the next of kin should be expected home, the officers should explain to the neighbor that there has been a "medical emergency" involving the deceased or seriously injured person. The neighbor should contact the officers when the survivors return home. The officers should request that the neighbor not provide the next of kin with any information pertaining to the emergency until they have been officially contacted by the officers. 8. In the event there is no adult next of kin at the home at the time that notification is attempted, it is recommended that the officers inquire as to when an adult is expected home and they should return at that time to accomplish the notification. If the next of kin are out of state and are not expected home, the notification process should be carried out in the same manner as that utilized in notifying family members residing outside of the investigating agency's jurisdiction. a. In the event that the victim's next of kin reside outside of the investigating law enforcement agency's jurisdiction, the investigating officer should contact the appropriate law enforcement agency in the other jurisdiction. That agency should be requested to make the in-person notification of death as described herein. The investigating officer should request that the notifying officer provide survivors with the investigating officer's name and telephone number in the event that the survivors require additional information or assistance. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures TRAFFIC ENFORCEMENT Chapter: 700 Volume Seven: Traffic Operations Date(s): Authority General Order #: File #: Effective: May 27, 1998 Chief Wm. Trenery 98-010 700-981 Revised: 10-23-98 Chief Wm. Trenery 98-023 700-982 Revised: 02-21-12 Director R. Hubner 11-003 700-121 Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 1.2.7 , 61.1, 61.1.3, 61.1.4,61.1.5, 61.1.6, 61.1.7, 61.1.8, 61.1.12 700.1 POLICY & PURPOSE 700.1.1 POLICY: The metropolitan New Jersey area suffers loss of life and resources annually due to motor vehicle accidents. The highly mobile nature of this area dictates the development of traffic regulations which are necessary to minimize/eliminate the effects of traffic accidents. As such, a program of enforcement, education and engineering must be designed to decrease the number, and severity, of accidents based on known accident locations and patterns. It is therefore the policy of the Woodbridge Township Police Department to establish guidelines for traffic enforcement, education and engineering. The department shall strive to provide uniform traffic law enforcement consistent with New Jersey State Statutes and accepted standards within the law enforcement community. All enforcement actions will be accomplished by agency personnel using a fair, impartial and courteous manner. 700.1.2 PURPOSE: The purpose of this policy is to establish guidelines which ensure that traffic enforcement actions are commensurate with applicable laws, and take into account the degree and severity of the violations. The objectives of traffic law enforcement are to reduce traffic accidents and injuries, and to facilitate the safe and expeditious flow of vehicular and pedestrian traffic through voluntary compliance with traffic regulations. This department seeks to achieve these objectives through a combination of education, engineering, and enforcement. Enforcement action as related to traffic law may result in physical arrest, summons or warnings. Enforcement actions shall seek to detect, apprehend and deter traffic law violators, and to bring about voluntary compliance by the public of all traffic laws. 700.2 SELECTIVE ENFORCEMENT 700.2.1 GENERAL GUIDELINES: The selective assignment of police personnel to both regular and special enforcement patrol duties, commonly referred to as selective enforcement, is considered to be the most efficient means available to a police agency to meet the highway traffic safety program objectives. Established standards of police traffic service require that police agencies develop operational procedures for the selective assignment of trained personnel at the time and locations where hazardous or congested conditions exist. This selective assignment is based upon traffic volume, accident experience, and frequency of traffic violations. The ultimate goal is to reduce traffic accidents. Achievement of this goal is contingent upon analysis of information derived from accident reports, traffic surveys, citizen complaints, enforcement history, officer observation of special hazards, and other sources of information. Careful analysis of this data will focus on specific traffic problems and solutions, and allow for strategic deployment of personnel and equipment. A. ANALYSIS OF TRAFFIC ACCIDENTS & ENFORCEMENT ACTIVITIES: Traffic Enforcement Unit (TEU) personnel shall summarize accident and enforcement data utilizing the in-house computer system. It shall be their responsibility to perform periodic reviews of such data for the purpose of identifying those locations where directed patrol would best be applied. The analysis, performed at least annually, shall identify problem locations and the contributing circumstances or causes of accidents at problem locations (i.e., geographic, temporal, and causative factors). 1. Accident data during the previous two years shall be examined to provide data and profiles on any seasonal variations of traffic related incidents, if any. B. IMPLEMENTATION OF SELECTIVE ENFORCEMENT TECHNIQUES: Traffic Enforcement will review the available data, based on accident analysis, enforcement activity records, traffic volume and conditions, in order to identify locations where selective enforcement details will be most effective. Supervisors will disseminate analysis information to patrol units for enforcement activity, as well as direct patrol when and where necessary. Selective enforcement techniques that officers may select for traffic enforcement include the following: 1. Area Traffic Patrol - Moving patrol or stationary observation in an area that includes a number of streets, roads or sections of highway. 2. Line Traffic Patrol - Moving patrol or stationary observation on a specified route between two points, usually on one street or section of highway. 3. Stationary Traffic Observation - Traffic observation at a selected place, usually one with unfavorable accident experience or a traffic flow problem, for traffic law enforcement purposes especially to detect violators and deter possible violators. a. Conspicuous Traffic Observation - Stationary observations in which the observer tries to attract attention by keeping in full view of traffic. During such observations officers are encouraged to utilize the headlights. b. Visible Traffic Observation - Stationary observation in which the observer is in full view but so located, for example, on a side street, as to require effort on the part of traffic to discover the observer. c. Concealed Traffic Observation - Stationary observation in which the observer is not visible to persons using ordinary powers of observation from the roadway being observed. 4. Unmarked Vehicles: In conjunction with any of the above techniques, only TEU personnel may utilize unmarked vehicles for the purposes of traffic enforcement. No officer is to utilize an unmarked vehicle for traffic enforcement unless that vehicle has an operating siren and all emergency lights are functioning properly. C. DEPLOYMENT OF TRAFFIC ENFORCEMENT PERSONNEL: All officers assigned to patrol duties are required to perform generalized enforcement of state and local motor vehicle laws in accordance with the aforementioned guidelines outlined previously in section “B”. Additionally, shift supervisors will assign patrol officers to directed patrol in order to monitor the locations indicated by the analyses reports for selective enforcement activities. Traffic Enforcement personnel shall also implement traffic enforcement details as well. D. EVALUATION OF SELECTIVE ENFORCEMENT ACTIVITIES: The TEU will review annually the impact of enforcement efforts on accident data and revise selective enforcement activity as necessary. This annual report will be provided to all Patrol Supervisors. 700.3 TRAFFIC ENFORCEMENT ACTION 700.3.1 GENERAL GUIDELINES: All officers shall be aware of all current and updated state and municipal traffic statutes as they apply to the safe operation of vehicles upon the roadways in the Township. Based on said statutes, officers shall exercise limited enforcement discretion in the handling of traffic law violators. Discretion should be based on the severity of the violation/incident, the officer's training and experience, and common sense. Officers should be aware that the quality and quantity of enforcement activity are an integral part of any enforcement program. The use of discretion is specifically explained in agency policy and procedure 120: Use of Discretion. A. ELIMINATION OF BIAS: An individual's race, sex, religion, age or ethnicity shall have no bearing on the level of enforcement dispensed. Regardless of the type of enforcement action taken, officers shall treat all individuals with a courteous, fair and professional attitude. 700.3.2 MOTOR VEHICLE STOPS BASED ON POLICE HEADQUARTERS BASED DATA TERMINALS AND MDT’S: Officers may conduct random lookups through police headquarters or mobile data terminals without any prior suspicion. A. GENERAL GUIDELINES: Officers may stop a motor vehicle pursuant to a data terminal lookup for a driver's license violation provided that the following criteria is met. 1. The officer’s observation of the driver must generally match the owner's identification supplied by the data terminal. A stop is proper if the driver is of the same gender and appears to be of the same general age as the owner. The stop will be invalid unless the officer sees a general match between the driver's appearance and the owner's identification information. 2. When a data terminal reveals a problem with a vehicle itself, a stop is proper without any further corroboration. For example, if the data terminal shows that the vehicle registration has expired or that the car's license plates belong on a different vehicle the police may stop the vehicle. 700.3.3 SPECIAL POPULATIONS: During their contact with the public, officers may occasionally find themselves dealing with persons that require special consideration, or handling, during enforcement activities. Persons in this group may include: juveniles; legislators; foreign diplomats or consular officials; foreign residents; physicians and military personnel. Concerning nonresidents of the Township and military personnel, they shall be afforded the same rights and privileges as the general public. However, for such persons active in the military who commit a serious offense necessitating an arrest, the appropriate Provost Marshal’s Office will be notified by the Officer in Charge. A. GUIDELINES: Guidelines for special populations may be found in the following agency documents: 1. Juveniles: See S.O.P. 540:3.1(D) 2. Legislators: See SOP 120:3.1 3. Foreign Diplomats/Consular Officials: See S.O.P. 120.4.1 700.3.4 INFORMATION TO BE PROVIDED DURING TRAFFIC STOPS: It is essential that officers fully explain to a motorist being cited, their rights and requirements pertaining to the issuance of a summons. In all cases the officer will inform the motorist of the reason for the motor vehicle stop, and give his/her name and badge number. A. OTHER REQUIRED INFORMATION: Additional information includes, but is not limited to, the following: 1. Court appearance date, time and location. 2. Information relative to the specific charge. 3. Optional or mandatory nature of the court appearance. 4. Notice of whether the motorist is permitted to enter a plea, or pay the summons by mail or in person at the violations bureau. 5. Phone number of the court clerk. 6. Location/address of where their vehicle has been towed (if applicable). 7. Other information as necessary, prior to release. 700.3.5 UNIFORM ENFORCEMENT PROCEDURES FOR TRAFFIC LAW VIOLATIONS: The intent of this directive is to provide guidelines for uniform traffic law enforcement actions. Uniform enforcement supports the ultimate aim of traffic law enforcement, that is, to achieve voluntary compliance with traffic laws and regulations. Uniform enforcement is a critical element of an effective traffic law enforcement program. The purpose of this section is to establish uniformity of action throughout the department and to provide a method of assuring fair and impartial application of traffic laws and ordinances. This policy cannot and should not supplant officer judgment, for it is impossible to foresee every conceivable situation involving traffic violations. In unusual circumstances, officers should decide what enforcement, if any, is appropriate on the basis of a combination of training, experience and common sense. A. SUSPENDED OR REVOKED DRIVERS: There is an increasing number of motorists with suspended or revoked drivers licenses, who continue to operate vehicles after being notified by the Division of Motor Vehicles that their divers license and/or registration is suspended or revoked. If during the course of duty, an officer encounters a driver whose driving privileges have been suspended or revoked, the officer shall advise the motorist of this, and if possible, the reason(s) why. A traffic summons will be issued to the operator. When there appears to be a history of extensive “failure to appear” the officer may arrest the violator and have bail set by the municipal court judge in order to assure the violators appearance in court. 1. If an officer is unsure of the actual status of the violator's license, he/she should issue a summons for "Unlicensed Driver (RS 39:3-10)." if the operator fails to produce same. If, at a later date, it is determined that the license was suspended or revoked, he/she should issue “Driving While Suspended (RS 39:3-40)”. The summons can also be amended to “Failure to have an Operator’s License on Person” (RS 39:3-29) if the violator does produce a valid license in court. 2. If the operator possesses a valid out of state license but is suspended in New Jersey, he/she will be issued a summons as directed in this section. 3. An officer may seize the out-of state license of an individual who is currently suspended in the State of New Jersey PROVIDING he/she forwards that out-of-state license back to the issuing authority with the notification of their “suspended” status. Notation of this intention must be made on the evidence form so the evidence officer may forward it. 4. A driver, whether licensed or not from New Jersey or another state, shall not be allowed to operate a vehicle if it is found that his/her New Jersey driving privileges have been suspended. B. SPEED VIOLATIONS: Speed violations, as determined through the use of radar, pacing, or other means, shall be enforced through the use of a summons or warning. In determining which method of enforcement is best applied, the officer should consider the seriousness of the violation (comparing the violators speed to the posted speed limit), any hazardous conditions created by the violation, and surrounding traffic, pedestrian, weather or road conditions. When the violator is determined to be in excess of the posted or statutory limit, the issuance of a traffic summons is recommended. C. HAZARDOUS VIOLATIONS: Hazardous violations are those which affect the safe movement of either vehicles or pedestrians. As a general rule officers should issue the appropriate summons to violators involved in violations of unsafe behavior or unsafe vehicle condition(s). However, an officer may take a lesser enforcement action if appropriate in assuring the goal of traffic safety is met. Unsafe behavior and condition is defined as follows. 1. Unsafe behavior - an act or omission in traffic law which is hazardous, even when vehicles are in legally “good” condition. It also includes unsafe conduct manifested by operators or pedestrians. 2. Unsafe condition - causing or permitting an illegal and possibly hazardous condition of a driver or pedestrian in traffic, or vehicle used in traffic. This could also include causing or permitting an illegal and possibly hazardous condition of a street or highway. D. ALL-TERRAIN VEHICLES: Any officer observing an unregistered all-terrain vehicle that cannot be legally operated on the public highways, being operated on the highway, shall order the vehicle to be removed and take appropriate enforcement action in accordance with the NJ Motor Vehicle Law 39:3-4. Officers should take appropriate enforcement action to ensure compliance with vehicle registration laws as they pertain to all-terrain vehicles as well (RS 39:3C-3). 1. No person is allowed to operate any vehicle upon private property without the permission of the owner of the property. If the all-terrain vehicle is being operated on private property without permission of the owner, the patrol officer will make every attempt to apprehend those involved, and through follow-up investigation, determine the operator of the vehicle and take appropriate enforcement action. 2. If the all-terrain vehicle is being operated on County Park lands, the patrol officer may notify the Communications Desk who in turn can notify the Middlesex County Police to dispatch patrols, if warranted. If county property is damaged, the Middlesex County Police will be notified and they will make a determination if a response is warranted. For all other government entities, the agency having jurisdiction over that property will be notified. E. EQUIPMENT VIOLATIONS: Equipment violations may be enforced through the issuance of a summons or warning. In deciding to summons or warn, the officer should consider whether the violation presents an immediate hazard to either the safe, continued operation of the vehicle and/or surrounding vehicles and/or pedestrian traffic. If such a hazard exists, a summons is in order. If the violation is non-hazardous and the driver appears unaware of the condition, the issuance of a warning may be appropriate. 1. If the violation is such that any further operation under the existing condition(s) would likely result in an accident, officers must not allow the vehicle to be operated. 2. In cases of minor violations, such as a parking lamp out, the officer may call the violation to the attention of the operator and allow the operator to make repairs at a later time. F. PUBLIC CARRIER/COMMERCIAL VEHICLES: It is the policy of the Department, that no special consideration be given to public carrier or commercial vehicles. The vehicles must comply with all Federal, State, County and Municipal Laws and Regulations, and are subject to summons or verbal warning as may be deemed appropriate by the officer (excluding Federal violations). Officers should issue the appropriate summons for all these violations unless, in the officer's opinion, the violation is of a minor nature or was unintentional, in which case a lesser action may be appropriate. G. NON-HAZARDOUS VIOLATIONS: In cases of non-hazardous violations an officer may issue a motor vehicle summons or a warning depending on the circumstances. In keeping with the goal of traffic enforcement, the reduction of accidents and education of the motoring public, which results in a higher level of voluntary compliance, it is recommended that non-hazardous violations be enforced primarily through the use of warnings. However, officers should be aware that certain non-hazardous violations (e.g., wearing a radio headset, failure to wear a seat belt, etc.) can potentially lead to hazardous situations and therefore officers should carefully consider the circumstances prior to enforcement. H. MULTIPLE VIOLATIONS: Officers shall weigh the severity of each offense when confronted by multiple offenses. The issuance of a motor vehicle summons for each individual violation is not required. Officers should utilize discretion in issuing summonses in these situations. In all enforcement actions, the ultimate decision rests with the officer. Officers may issue a summons on all violations if deemed necessary, but it is recommended that the most serious violations be cited, and that warnings are issued on non-hazardous violations. I. NEWLY ENACTED LAWS OR REGULATIONS: One of the concerns of officers when enforcing newly enacted laws or regulations shall be the education of the public of the law. When new laws or regulations are enacted the Police Director may dictate a specific time period in which officers will be instructed to give warnings to violators. At the end of such a grace period officers should enforce the law/regulation in keeping with the guidelines given above. J. VIOLATIONS RESULTING IN TRAFFIC ACCIDENTS: Officers investigating traffic accidents where a driver is, or is believed to be, under the influence of alcohol and/or drugs, are expected to follow established departmental procedures and issue the appropriate motor vehicle summons. Officers investigating motor vehicle accidents where there is evidence that a driver acted in a reckless manner, or left the scene of an accident with injuries, are expected to issue a summons for the exact violation. Officers investigating motor vehicle accidents are expected to issue, where appropriate, summons(es) to operators for moving violations contributing to a motor vehicle crash. K. PEDESTRIAN, SKATEBOARD, ROLLER SKATE, AND BICYCLE VIOLATIONS: In many of these violation situations a warning should be adequate, particularly in the case of juvenile violators. Dangerous or flagrant violations and violations which could contribute to accidents should be handled by the issuance of a summons. 700.3.6 STOPPING AND APPROACHING VIOLATORS: Although enforcing traffic laws is often a routine function that officers perform, officers are injured quite frequently. In some cases officers have been killed in situations that initially appeared to be a "routine" traffic stop. In stopping violators for any reason, officer safety is paramount. Every motor vehicle stop, whether it is routine or felony stop, may present itself with a unique set of circumstances resulting in injury or death. Therefore, is it not feasible to have a specific set of instructions that will address every incident. The guidelines below, along with your experience and training, will dictate the safe course of action to follow in motor vehicle traffic stops. A. GENERAL GUIDELINES - ALL OFFICERS SHALL: 1. Notify the Communications Desk of the vehicles registration, make and model as well as an exact location of the stop. If necessary, have a computer check conducted for license status, revocation, active warrants, etc. 2. Conduct all traffic stops in a safe location for the officer, the stopped motorist and other traffic, through the use of accepted police practices. 3. Utilize emergency lights and other available lighting equipment useful in attracting the violator's attention to accomplish the stop (i.e. emergency flashers, spotlight, flashing of high beam headlights, or overhead "take down" lights, etc.). Care should be taken that lighting equipment does not pose a hazard to other traffic during darkness. 4. Utilize available audible warning devices (horn or siren), if lighting equipment fails to gain the violator's attention, but only to the extent necessary to attract the violator's attention and to initiate the vehicle stop. After the vehicle has stopped, utilizing of spotlights, overhead " take down" lights, and high beam headlights for safety is recommended, unless the use of these devices poses a significant hazard to other traffic or other officers at the scene (i.e., backlighting an officer in a hazardous situation). 5. Whenever practicable, stop the violator at the right hand road edge and out of the flow of other traffic. On multi-lane roadways, the officer should ensure the safety of the violator, and other motorists, during lane changes by gradually changing from lane to lane with the violator until the right side of the roadway is reached. Should the violator stop abruptly in the wrong lane or in another undesirable location, he should be promptly directed to move to a safer location. Officers should use the public address system to instruct violators to move to a safer location if this equipment is available. If the patrol vehicle is not so equipped and gestures are insufficient to bring understanding, the officer should safely exit from the patrol vehicle and give verbal instructions to the violator to pull the vehicle to a safer location. 6. Utilize the patrol vehicle to provide cover and/or concealment, when necessary, to protect the officer from the occupants of the vehicle. This is best done by maintaining a distance of approximately fifteen (15) feet between the vehicles. The patrol vehicle should also be utilized to provide a "zone of safety" from approaching vehicles while the officer is in contact with the subject's vehicle. This zone of safety could be made by diagonal placement or offsetting the officer’s vehicle. 7. The violator should not be permitted to move his/her vehicle once it has stopped if it is suspected the driver is under the influence to the extent that his driving ability is impaired. 8. When approaching the vehicle be alert for furtive movements by the occupants. Maintain a careful and alert presence to all persons in the vehicle, being especially attentive to the placement of the hands of all occupants. 9. Should the violator, or other occupant of the vehicle, exit the vehicle they should be immediately ordered back into the vehicle. If they continue to advance toward the officer, he/she should be prepared to take evasive action. 10. Approach the violator's vehicle, making certain the vehicle's trunk is securely latched by placing hand flat on the trunk and pushing down, and noting the number and demeanor of the passengers. Approach the driver's door, stop and stand slightly to the rear of the door to avoid possible hazards if the door suddenly opens; If traffic conditions are heavy, or the officer believes the driver may present a problem, the officer should consider approaching the vehicle from the passenger side. 11. During the encounter with the violator, check for signs of impairment due to alcohol or drug abuse, mental distress, or other conditions which would pose further hazards to the public if the person was allowed to continue operation of the vehicle. If you believe such conditions exist, the person shall not be permitted to operate the vehicle. 12. If, at any time, the violator or passengers demeanor, words, deeds or actions suggest a safety hazard, the officer should notify the police dispatcher and request that back up officer(s) respond to the scene. 13. Maintain a level of vigilance when returning to the vehicle to issue any paperwork. When issuing a summons while outside the police unit, utilize the right rear panel of patrol vehicle. If writing the summons while inside a vehicle, the officer should, whenever possible, write the summons resting on the steering wheel so it is possible to maintain observation of the stopped vehicle and its occupants. 14. When completing the enforcement action, assist the violator in reentering the traffic flow safely before advising the dispatcher you are back in service. B. ONCOMING TRAFFIC: In the event an officer observes a traffic violation which occurred while in oncoming traffic, the officer will take the following actions: 1. Drive the police vehicle safely to the extreme right portion of the roadway. As the violator approaches, signal for the violator to stop. 2. Under normal patrol procedures, the officer should not leave the police vehicle in an attempt to stop the violator by hand signals, as this places the officer in an extremely hazardous position. If the officer does leave his/her vehicle to direct a motorist to stop, he/she should keep in mind his/her safety. 3. If the violator observes the signal and stops, the officer will turn the police vehicle around (utilizing a “U” turn, where practicable) and position it appropriately to the rear of the violator’s vehicle as outlined within this policy. 4. Should the violator fail to recognize the officer’s signals, the officer will turn the police vehicle around when this maneuver can be made safely, and then stop, approaching the violator as outlined within this policy. C. VIOLATOR TO THE REAR OF THE POLICE VEHICLE: In the event an officer observes a traffic violation to the rear of the police vehicle, the following procedures will be utilized. 1. The officer will drive on the right side shoulder of the road. As the violator approaches, the officer will remain in the patrol vehicle while he/she signals the violator to stop. If the violator fails to stop, the officer will follow the procedures as outlined within section “A” of this policy. D. FELONY STOPS: As soon as an officer is aware that an operator or passenger in a vehicle is a felon, he or she shall immediately call for assistance. Unless absolutely necessary to prevent a felon's escape, a lone officer should not attempt to make the stop until back-up officer(s) arrive. The primary officer should attempt to select a site for making the stop, taking into account the safety of bystanders, traffic, and escape routes. The officer should continually update the dispatcher of his/her location and the suspect vehicle. When conditions are appropriate and support units available, the officer will move into position to the rear of the suspect vehicle. When making the stop, officers should use emergency lights and siren to signal the violator to stop. Officers should coordinate via radio the type of stop to be made; if possible officers should use a left-angle, right-angle, or offset stop for maximum safety, depending upon how the suspect vehicle pulls over. At night, all lights, including spotlights, will be focused on the interior of the suspect vehicle to the disadvantage of the violator. 1. During the stop one officer should take cover and serve as covering officer; a single officer should not attempt to remove any occupants from a vehicle and should instead wait for back-up. 2. The primary officer involved in the stop shall use the patrol vehicle public address system to provide verbal commands to the vehicle occupant(s) to remove them from a vehicle. 3. The primary officer in command will direct each occupant, utilizing the public address system, to remove himself from the vehicle individually, according to specific directions, and into the appropriate search position, after which the approach may be made. 4. If a public address system is not available, the officer in command will give voice commands. If they are not heard, or ignored by the suspect, the officer will wait for a backup unit prior to approaching the vehicle. The officer should not leave a position of cover to approach a felon's vehicle until assistance has arrived at the scene. 5. The officer in command will give instructions to the support officer, even if not needed, to assure the suspects that additional support is available. 6. The support officer will cover the arresting officer and remain on the curb side of the vehicle until all occupants have dismounted and are in the search position. 7. The support officer will not give additional commands as this would tend to confuse the suspects, but will make his presence known by commands given by the arresting officer. 8. Extreme caution will be exercised by officers not to get within each other's line of fire. 9. When all occupants have been removed from the vehicle, the support officer should move to a position to cover the arresting officer while the persons are searched. 10. The occupants should be ordered into a prone position face down, with their hands extended. 11. If terrain or room does not permit the prone position, the occupants should be ordered into a kneeling position with their legs crossed and their hands behind their heads, fingers interlaced. 12. If subjects are in the prone position, handcuffs should be used immediately, and then the subjects should be searched thoroughly. 13. If the subjects are in the kneeling position, a cursory search should be performed prior to handcuffing. 14. If a subject refuses to exit a vehicle officers should create a perimeter. Using contact/cover principles, officers may approach the vehicle to manually extract the subject from the vehicle. If the subject is believed to be armed or has a history of assaultive behavior on police officers, officers may elect to establish a perimeter, notify the Watch Commander, who may request the response of the Special Operations Unit to continue the operation. 15. Upon removing and securing all occupants from the vehicle, officers should ensure that the vehicle is clear of additional occupants or hazards. E. OVERSIZED VEHICLES: In the event officers observe a traffic violation committed by an unusually large or heavy vehicle, the following procedures will be followed. 1. Follow the vehicle from the rear in the usual manner. Position the police vehicle so that the officer can see the drivers side mirror so that the violator’s attention can be gained, and signal the vehicle to stop. Keep in mind that if the officer’s motor vehicle is DIRECTLY behind the oversized vehicle, the operator of the oversized vehicle will not be able to see the police car. 2. After the stop is made, if the location presents a hazard to the officer, the stopped vehicle, or other traffic, position the police vehicle in front of the violator, and lead the violator to a location which is safe, keeping in mind that the location must have sufficient space and is capable of supporting the weight of the oversized vehicle. F. OFF DUTY: Under normal circumstances, all officers who are "off duty" are directed not to attempt any motor vehicle stops with their personal automobile. All motor vehicle stops are to be made through the use of a vehicle containing proper emergency equipment such as flashing lights and siren. Therefore, the use of a personal vehicle to effect a motor vehicle stop is prohibited. In general, when observing a traffic violation, "off duty" officers should obtain the available information concerning the vehicle's identifying characteristics, operator description, etc., that would be beneficial in identifying the operator at a later time. "Off duty" officers are not prohibited from following a violator at a safe distance and at a reasonable speed for purposes of gaining better visual identification of the vehicle and/or operator. All officers are directed to report the traffic violation for purposes of investigation to the appropriate law enforcement agency having jurisdiction. Any complaints will be signed through the investigating police agency or through the office of the Municipal Court having jurisdiction. 700.3.7 OFFICER CONDUCT WITH VIOLATORS: Once an officer has stopped a violator and established control, “officer/violator relations” are activated. The purpose of this section is to provide guidelines to favorably alter the violator’s future driving habits through proper enforcement action and to minimize conflict between the officer and the violator. A. GENERAL GUIDELINES: In approaching the offender's vehicle the officer should present a highly professional image. The following procedures are recommended to fulfill that goal. 1. Present a professional image through proper attire, language, bearing and emotional stability. 2. Greet the violator in a courteous manner and introduce yourself. Ask the violator for their license, the registration and insurance documentation. Inquire further for other proof of identity should the driver not have his license in his possession. 3. Inform the violator of the observed violation and your intended enforcement action. Do not lecture or quiz the violator as to the nature of the violation. The violator should not be kept in suspense as to the nature of the officer's actions. Allow the operator to reasonably discuss the violation. 4. Decide on the appropriate enforcement action based upon the driving behavior, not attitude. In most cases, it is advisable to decide on the form of enforcement action prior to the initial contact with the violator. 5. Delay the operator no longer than necessary. This does not preclude the officer from making standard inquiries via the computer as to the current status of the violator’s driver license. 6. Officers will not debate the merits of the violation at the scene. Politely advise the violator the place to debate the violation is before an impartial judge. If a summons is appropriate, issue the summons as quickly as possible. 7. Explain to the violator exactly what is expected of him to satisfy the summons issued. Make sure the violator knows exactly where and when to appear if the enforcement action requires a court appearance. Explain any alternatives to the violator but do not predict the actions of the court. 8. Be alert to any emotional stress exhibited by the driver. The instructions may have to be repeated or the driver may have to calm down before resuming driving. 9. Return the driver's license, registration and insurance card with the summons should that be the appropriate enforcement action taken. 10. Assist the violator in safely reentering the traffic flow. 700.3.8 DRIVER REEXAMINATION AND MEDICAL EVALUATION REQUESTS: On occasion, an officer may believe that the Division of Motor Vehicles should require a driver to submit to a reevaluation and/or medical evaluation. DMV will review these requests only when the request is made on the Driver Reexamination and/or Medical Evaluation Request Form. Reexamination of drivers will occur only if one or more of the following criteria are met: A. Persons having mental or physical disorders which may affect their ability to safely operate a motor vehicle. B. Persons involved in a traffic accident resulting in a fatality where a violation of any of the provisions of NJSA 39:4-1 et seq. is established, C. Persons who have accumulated 12 or more points as provided in NJAC 13:19-10.1, D. Persons convicted of violating any of the provisions of NJSA 39:4-1 et seq. where it appears the offense was of such a careless, reckless or indifferent nature as to require reexamination. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures PARKING ENFORCEMENT Chapter: Volume Seven: 702 Traffic Operations Date(s): Authority General Order #: Effective: May 27, 1998 Chief Wm. Trenery 98-010 Revised: Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: N.J.S.A. 39:4-56.5 ACCREDITATION STANDARDS REFERENCES: Chapter 61.1.13 File #: 702-981 702.1 POLICY & PURPOSE: 702.1.1 POLICY: Street parking and off street parking in municipal parking lots is restricted in various areas and during various times in order to ensure fair access to parking and to expedite the flow of traffic during peak traffic hours. All State laws and municipal ordinances regarding parking will be enforced with reasonableness and impartiality in all areas of Woodbridge Township. Parking enforcement is part of a patrol officer’s daily duties. Enforcement of municipal parking ordinances is supplemented by civilian enforcement officers. 702.1.2 PURPOSE: The purpose of this policy is to establish guidelines for the enforcement of parking regulations. All officers are responsible for parking enforcement. The purpose of parking enforcement is to resolve the parking violation, and may be accomplished by warning, issuing a summons, and/or towing. During peak traffic hours or in those areas of high traffic volume, consideration shall be given to expeditiously resolving parking violations to avoid traffic hazards. 700.2 PARKING ENFORCEMENT: 702.2.1 GENERAL GUIDELINES: Officers, using their best judgment and discretion, may issue a verbal warning, or a traffic summons, to vehicles found to be in violation, depending on the nature of the violation, position of the vehicle and/or any hazard that the vehicle is causing. Officers should be alert for any illegally parked vehicles disrupting the flow of traffic, and should take corrective action which may include issuing a warning or a summons to the violator. If a hazardous condition exists due to the illegally parked vehicle, the officer should tow the vehicle. No vehicles are to be towed unless a summons has been written for the appropriate parking violation. Officers issuing traffic summonses shall write legibly and indicate the correct statute or ordinance number on the summons. All summonses shall be submitted prior to the end of their tour of duty so that they may be filed with the Court Clerk. 702.2.2 ISSUANCE BY ENFORCEMENT OFFICERS: The primary responsibility for parking enforcement in business districts belongs to the police department’s civilian enforcement officers. Sworn police officers may be assigned to supplement enforcement of parking violations in the business district when enforcement officers are sick or on vacation. Municipal enforcement officers are authorized to issue parking summonses for most parking violations, but will generally restrict their activity to: Oak Tree Road, Iselin; Main Street, Woodbridge; New Brunswick Avenue, Fords; and permit parking on surrounding streets. 702.2.3 PARKING EMERGENCIES: On special occasions "NO PARKING - EMERGENCY" signs may be posted along parade routes or streets that are designated as emergency routes. These signs will be erected in plain view and with the authority of the shift commander or his designee. 702.2.4 OTHER PARKING GUIDELINES: All parked vehicles which create a hazard shall be removed by the owner/operator. If all reasonable attempts to locate the owner/operator are unsuccessful, the vehicle shall be moved by the department. If removed by this department, a motor vehicle summons will be issued for the specific violation. Merely issuing a summons to a vehicle parked in a hazardous location, without removing the vehicle, does not relieve the hazard. A. ABANDONED OR DISABLED MOTOR VEHICLES: Vehicles left at a given location on the roadway in excess of 48 hours, left without plates for any amount of time, unregistered, or left in hazardous locations are considered a nuisance and shall be removed. B. NON HAZARDOUS VEHICLES: If the vehicle is not a safety hazard, the owner shall be notified that he has 48 hours with which to move the vehicle from the roadway. An extension of this time period may be granted should there be extenuating circumstances. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures SPEED MEASURING DEVICES Chapter: Volume Seven: Traffic Operations 704 Date(s): Authority General Order #: Effective: May 27, 1998 Chief Wm. Trenery 98-010 Revised: Sept. 28, 2001 Chief Wm. Trenery 01-005 Revised: Feb. 21, 2012 Director R. Hubner 11-003 Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: Chapter 61.1.9 File #: 704-981 704-011 704-121 704.1 POLICY & PURPOSE: 704.1.1 POLICY: It shall be the policy of this department to utilize speed measuring devices in accordance with applicable laws and regulations. Authorized devices will be utilized in high or potentially high accident locations where speed is a factor, in areas where speed limit violations are prevalent, in response to citizen complaints concerning speeding motorists, and to conduct traffic volume and speed percentile studies. 704.1.2 PURPOSE: The purpose of this policy is to establish guidelines for the training, operation, and maintenance of the department's traffic speed measuring devices. 704.2 PROCEDURES: 704.2.1 EQUIPMENT SPECIFICATIONS: The only radar unit(s) to be utilized by members of this Department will be the units authorized by state contract for the measurement of speed of motor vehicles. The Traffic Enforcement Unit (TEU) will be afforded the opportunity to field test and utilize other speed measuring devices as deemed appropriate by the Police Director or his designee. The following units are designated as authorized radar instruments for this agency. A. M.P.H. INDUSTRIES: The Model BEE Ka Band Doppler Principle Radar. B. A.C.M. STALKER: Hand Held Ka-Band Doppler Principle Radar. C. M.P.H. INDUSTRIES: The CMI-MPH Python Ka Band Doppler Principle Radar. D. STALKER RADAR: 2XDR Ka Band Doppler Principle Radar. 704.2.2 OPERATIONAL PROCEDURES: All officers shall, in accordance with their training, select a location which will allow for both proper identification of the violator and a safe stopping location. Each officer operating a radar unit shall conduct verification procedures, as specified below, before and after each detail to insure the individual radar unit is functioning properly. Said procedure is to be conducted in accordance with the manufacturer's instructions. A. GENERAL GUIDELINES: When operating any of the agency approved units, officers shall establish a tracking history on a target vehicle through visual tracking. The L.E.D. read-out of speed and Doppler Audio Tone must be consistent with visual estimations. When a tracking history is established which is consistent with the officers training and with the demonstrated radar unit reading, the officer can then determine the speed of a single vehicle. Upon identifying a violator the officer will conduct a stop of that vehicle in accordance with agency Standard Operating Procedure 700: Traffic Enforcement. Officers must be prepared to establish the following elements in court when radar summonses are issued. 1. The time, place and location of the violation, the identity of the operator, and the speed of the vehicle as established through visual and radar speed check observations. 2. Officer qualifications and training in the use of radar. 3. The radar unit was operated properly. 4. The unit was tested for accuracy by the officer prior to use and after use by an approved method. 5. Identification of the vehicle by a visual observation of its apparent speed, direction of travel, and any other traffic in the area. 6. The legal speed limit in the zone in which the Officer was operating radar, and where such signs were posted. B. OPERATIONAL PROCEDURES: The following procedures are applicable to the operation of the radar units: 1. The antenna shall be placed on the dashboard of the patrol vehicle and secured, or held properly if a hand held unit. The BEE dual antenna models shall have the rear antenna secured to the rear window deck. 2. The cable(s) from the antenna(e) shall then be plugged into the proper receptacle(s) on the radar unit. 3. On radar units having a hand remote module, the device shall be plugged into the proper receptacle on the rear of the radar unit. 4. The radar unit will then be secured properly. 5. After making sure the radar unit is off, the power cord is to be plugged into the power supply receptacle. The unit may then be turned on. 6. Prior to using the radar unit for enforcement purposes, each operator shall perform the following unit verification procedures. a. Light Test Reading: Depress the Light Test Switch confirming the proper reading appears in both the Patrol window and the Target window. b. Internal Circuit Test: Press the switch into the internal circuit test (ICT) mode, confirming the proper reading appears in the display windows. c. Tuning Fork Test Stationary Mode - Strike each of the tuning forks separately, on a firm but not hard surface. Place the tuning fork in front of the antenna and record the result of the test. If there is more than +/- one (1) mile per hour difference obtain a new set of forks and repeat the test. If the second set of forks react in the same manner, advise the patrol supervisor and place the unit out of service for repair. If the readings with the second set of forks are proper, then advise the patrol supervisor of such and take the first set of tuning forks out of service. The bad tuning forks shall be turned in to the TEU Sergeant for disposition. d. Tuning Fork Test Moving Mode - Strike the tuning forks simultaneously and hold both at the same time in front of the antenna. If there is an error of more than +/- one (1) mile per hour, follow the same procedure as in the STATIONARY mode. e. Speed Correlation Test - Place the radar unit in the Moving Mode. Operate the vehicle at a safe driving speed confirming that the speed indicated on the vehicle speedometer is consistent with the reading displayed in the Patrol window. 7. Once all tests have been satisfactorily completed, the radar unit may be employed in enforcement activity. If the unit does not respond properly to the verification procedures, the unit will be taken out of service until it can be repaired. 8. Hand held units will not be operated while the patrol vehicle is in motion. The patrol unit must be safely parked prior to operating the hand held unit. 704.2.3 PROPER CARE AND UPKEEP: As all radar units are delicate instruments and should be handled accordingly, all equipment shall remain permanently mounted in police vehicles. Said radar units have been assigned to specific patrol vehicles so that wear and tear is minimized to the units. Assigned officers are responsible for the care and proper operation of the radar unit in their assigned patrol car. Units will not be transferred from one patrol car to another unless permission has been granted by the TEU Sergeant. Unit tuning forks are to be kept secure and free from damage. At any time when a radar unit, hand remote module, or tuning fork is taken out of service for repair, the TEU Sergeant is to be notified. He will arrange to have the unit or part serviced. A. MAINTENANCE AND VERIFICATION RECORDS: Each radar unit's records will be maintained within a separate binder and maintained by the TEU Sergeant. Documentation of all repair service and verifications will be available for reference purposes. If a problem in the operation arises, the unit is taken out of service until the proper repair is made by a radar maintenance company. Prior to being placed back in service, the radar maintenance company supplies the department with a verification certificate. This certificate shall be retained by the TEU Sergeant in the unit’s file. 1. Tuning Forks: Tuning forks are calibrated on a yearly basis by the State of New Jersey, Division of Weights and Measures. Certificates of calibration shall be retained by the TEU Sergeant in the unit’s file, and a copy shall be provided to the Woodbridge Township Municipal Prosecutor’s Office to facilitate distribution of discovery. 704.2.4 OPERATOR TRAINING AND CERTIFICATION: No officer shall issue a motor vehicle summons for 39:4-98 using a radar device until such time that the officer has successfully completed an approved course of training in the use of radar. Certification training shall consist of classroom training in the operation of Doppler Principle Radar, supervised hands on training in the proper setup and breakdown of a radar unit, supervised field exercises, a minimal total of 80 hours in the field experience, as well as speed estimates in both the stationary and moving modes. After the successful completion of training, the officer shall receive a certification card from the State of New Jersey. The TEU Sergeant shall be responsible for maintaining all radar certification and re-certification training records. It shall also be the responsibility of the TEU Sergeant to arrange for the re-certification training of all certified radar operators. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures DRIVING WHILE INTOXICATED Chapter: Volume Seven: 712 Traffic Operations Date(s): Authority General Order #: File #: Effective: May 27, 1998 Chief Wm. Trenery 98-010 712-981 Revised: Sept. 28, 2001 Chief Wm. Trenery 01-005 712-011 Revised: 03-07-05 Chief Wm. Trenery 05-001 712-051 Revised: 10-01-07 Chief Wm. Trenery 07-007 712-071 Revised: Revised: Revised: LEGAL REFERENCES: AG Directive 2007-02 ACCREDITATION STANDARDS REFERENCES: Chapter 61.1.2, 61.1.5, 61.1.6, 61.3.4, 61.1.10, 61.1.11 712.1 POLICY & PURPOSE: 712.1.1 POLICY: Drivers impaired due to alcohol and/or drugs represent a serious threat to the life and safety of persons using the streets and highways of this state. As such, it is the policy of this department to implement and support a comprehensive alcohol enforcement countermeasures program. The primary objective of the countermeasures program is to reduce alcohol and/or drug related traffic offenses through the fielding of units that are specially trained to apprehend and process alcohol or drug impaired drivers. This policy will emphasize the enforcement of laws related to driving while impaired (e.g., DWI, consumption of alcohol in a motor vehicle, allowing another to operate while impaired, etc.). A. ELEMENTS OF THE COUNTERMEASURES PROGRAM: The Woodbridge Township Police Department will utilize the following countermeasures in various combinations in order to implement this policy. 1. Selective assignment of personnel at times and locations where, accident/enforcement analyses has shown that a significant number of violations and/or accidents involving impaired drivers has occurred. 2. Providing for specialized training to regularly assigned patrol personnel for concentration on existing laws, recognizing and apprehending violators, and for the expeditious processing of violators. 3. Applying for funding available through grants which are for the specific purpose of training, additional equipment and/or fielding additional units detailed to apprehend the alcohol and/or drug impaired driver. 4. Conducting selective roadway checkpoints for educational and deterrence purposes. 712.1.2 PURPOSE: The purpose of this policy is to set forth guidelines for the detection, apprehension and processing of an operator of a motor vehicle operating under the influence of an alcoholic beverage and/or drugs. This policy also establishes uniform guidelines for conducting sobriety checkpoint operations as well. 712.2 ADMINISTRATION: 712.2.1 GENERAL GUIDELINES: The overall application and management of this policy shall fall under the command of the Radio Patrol Division. The Radio Patrol Division Commander shall ensure the necessary statistical studies are compiled and utilized in the direction of agency resources towards those areas identified as having the greatest need for DWI enforcement. Other responsibilities shall also include ensuring officers receive the necessary training as outlined in section 712.2.2 of this policy; and that educational programs are implemented to communicate to the public that driving while impaired will not be tolerated and that it will be aggressively enforced throughout the township. 712.2.2 TRAINING: The Radio Patrol Division Commander shall ensure Radio Patrol officers receive the necessary training in order to adequately implement this policy. This training may involve attendance at outside training programs including, but not limited to; Breath Test Unit Operator Certification, Standard Field Sobriety Testing and the Drug Evaluation and Classification Program. 712.3 DWI DETECTION AND APPREHENSION PROCEDURES: 712.3.1 REQUIRED ELEMENTS: In order to adequately prosecute for driving while intoxicated, an officer must be able to testify to three qualifying conditions at the time of arrest. The first condition is operation of the vehicle. This can be accomplished through a plain view observation by the officer, admissions by the operator, statements made by witnesses, or through attendant circumstances at the scene. The second condition needed is impairment of the operator. This can be accomplished through direct observation of vehicle operation, through statements made by witnesses, or through physical testing administered at roadside. The third condition is that the operator’s impairment is due to alcohol or drugs. This can be based upon the smell of alcoholic flavorings present upon the breath of the operator, through admissions made by the operator, paraphernalia present on the operator or in the vehicle, or through statements made by witnesses. 712.3.2 TRAFFIC STOP PROCEDURES: During every traffic stop and while investigating every traffic accident, officers of this department shall check drivers for signs of impairment due to alcohol and/or drugs. Additionally, upon the recognition of specific behaviors that support the reasonable suspicion that a DWI violation has occurred, officers shall stop vehicles in order to further investigate. If after the initial contact with the operator the officer believes said operator is under the influence of alcohol and/or drugs, the officer will ask the operator to submit to field sobriety testing. All field sobriety tests given will be in accordance with guidelines outlined in this policy. Based upon the observed driving ability, behavior, and field sobriety testing, officers will determine the appropriate arrest decision. If the officer determines the operator to be under the influence the operator shall be taken into custody. Specific guidelines are as follows. A. PRE-ARREST SCREENING AND ARREST: Detection is the first step in any DWI enforcement action. The officer’s observations at this stage are critical to the establishment of probable cause to arrest. Officers shall perform the following: 1. Recognize and identify specific driving behaviors that signify a high probability that the driver may be operating while under the influence of alcohol or drugs. 2. Recognize and identify specific driving patterns and other behavior occurring during vehicle stops that provide additional evidence and/or suspicion that the driver may be operating while under the influence of alcohol or drugs. 3. Exercise due care and caution in pursuing impaired drivers and be alert for unusual or inappropriate reaction from the driver. 4. Pursuit should not be prolonged and shall follow agency policy concerning same. Apprehension should be made as soon as possible in a safe location in accordance with department policy for motor vehicle stops. 5. Request assistance if necessary or if an arrest is going to be effected. 6. Once the vehicle has been stopped and a determination by the officer has been made that the driver may be operating under the influence of alcohol or drugs, do not allow the driver to move the vehicle. 7. During face-to-face contacts, recognize specific characteristics, attitudes, and actions commonly manifested by drivers operating under the influence of alcohol or drugs. 8. Note all observations leading to the suspicion that the driver may be operating under the influence of alcohol or drugs. Ask the driver some general questions, paying attention to his manner of speech. 9. If the operation of the motor vehicle was not observed, the officer must establish evidence of operation prior to arrest. 10. If reasonable suspicion exists that the driver was operating under the influence, direct the driver to a safe location to conduct field sobriety tests in accordance with this policy. 11. Formulate appropriate arrest decisions based upon the evidence accumulated as a result of the operation of the vehicle, any signs of impairment and field-testing. 12. Officers shall not release a suspect or arrange for alternative transportation in lieu of arrest. 712.3.3 FIELD SOBRIETY TESTING: All field sobriety tests will be conducted in a safe area away from traffic and the area shall be described and documented in the appropriate report. Officers should avoid conducting tests between the rear of the suspect vehicle and the front of the police cruiser. The tests should be given on level ground, on a hard, dry, nonslippery surface, under conditions in which the suspect would be in no danger should he/she fall. A. FIELD SOBRIETY TEST ADMINISTRATION: Officers should conduct field sobriety tests in accordance with their training. Only officers trained in Horizontal Gaze Nystagmus (HGN) will utilize this test. Standardized Field Sobriety Testing includes HGN, walk and turn, and the one-leg stand tests. Other field sobriety tests include, but are not limited to Romberg Balance and Finger to Nose. B. PORTABLE BREATH TEST ADMINISTRATION: After probable cause for an arrest for DWI has been established, the arresting officer may utilize an alcohol field screening unit, currently the Alco-Sensor IV portable breath testing (PBT) unit, to determine if the subject’s impairment is due to alcohol or some other substance. This will assist the arresting officer in deciding if a Drug Recognition Expert (DRE) should be notified to perform a drug influence evaluation. Only officers trained in the use of the PBT may utilize the screening unit. 712.3.4 OTHER REQUIRED ELEMENTS: After conducting the initial examination at the scene of the traffic stop, and upon determining that probable cause to arrest exists, officers will effect an arrest of the subject. A. ARRESTEE HANDLING: When placing the subject under arrest, the officer shall complete the following: 1. Handcuff and search the subject. 2. Inform the subject of his Miranda Rights. 3. Secure any evidence relevant to the offense, and secure the subject’s vehicle as per department policy concerning same, as outlined herein. 4. In all cases where the subject has been arrested, the officer shall not permit the vehicle operator to move the vehicle. 5. If the operator requests, the officer shall remove personal property, within reason, from the vehicle for safeguarding. 6. Transport the subject to police headquarters or the hospital for testing and processing. 7. Officers shall be aware of any apparent life threatening medical conditions of the subject. Should he/she require medical attention, he/she is to be transported by the appropriate means to the nearest medical facility. Any arrestee with a Blood Alcohol Concentration of .30% or higher will be transported to a medical care facility. 8. Mandatory impoundment of vehicles for DWI: See S.O.P. 744 2.8 712.3.5 BREATH TESTS: Breath testing shall be conducted at police headquarters by a certified Breath Test Operator. Breath tests shall be administered to the subject in compliance with N.J.S.A. 39:4-50.2 (implied consent to taking of samples of breath). If the subject has a mouth injury, has been involved in a motor vehicle accident or has been taken to a hospital due to injuries or for medical reasons, the arresting officer shall inform the subject that a blood and/or urine sample shall be drawn by a qualified person for the purpose of determining the presence and quantity of alcohol and/or drugs in the subject’s blood or urine. A. OPERATOR GUIDELINES: 1. Breath test operators shall follow procedures for the administration and operation of breath test equipment as instructed by the New Jersey State Police Breath Test Unit. 2. The arresting officer shall read the refusal statement and document all responses. 3. Should the subject refuse to submit to the chemical breath tests after having been read the statement by the arresting officer, or fail to give satisfactory breath samples as determined by the Breath Test Operator, the arresting officer shall issue a summons for refusal pursuant to N.J.S.A. 39:4-50. Full documentation of the refusal shall be made. If the testing officer deems it necessary, the subject may then be transported to the appropriate medical facility where a blood sample will be collected to determine the subject’s blood alcohol concentration. 4. Breath test operators shall follow the procedures in accordance with operator training. a. A minimum of two breath tests shall be administered within 15 minutes of each other. Results, to be considered valid, must not differ by more then 0.01% from each other. If needed, additional tests shall be administered. 712.3.6 BLOOD/URINE SAMPLES: All blood and urine tests to determine the percent of alcohol and/or drugs in an individual’s body will be carried out in accordance to the laws of the State of New Jersey (NJS 39:4-50). Blood will only be drawn by a qualified medical technician, nurse, or physician at a medical facility. Each individual hospital has these forms available. A. It is the policy of the department to request blood and/or urine samples from individuals arrested for driving under the influence in the following situations: 1. The driver has been involved in a motor vehicle accident. 2. The driver asserts that he is ill and requests emergency medical treatment at a medical facility. 3. The officer believes that the subject’s impairment is due to drugs. The blood/urine sample will be collected after consulting a Drug Recognition Expert. 4. The Breath Test operator receives an extremely low percent blood alcohol reading, which is inconsistent with the physical impairment of the subject. The blood/urine sample will be collected after consulting a Drug Recognition Expert. B. All blood and urine samples shall be safeguarded and processed as evidence as per departmental guidelines. All vials/containers shall be properly marked and sealed by the arresting officer and a departmental Property Report completed. All blood and urine shall be forwarded as soon as possible to a NJ State Police laboratory for analysis and will be accompanied by a completed "Request for Examination of Evidence" form. 712.3.7 DRUG INFLUENCE EVALUATION PROCEDURES: A. DRUG EVALUATION EXPERT USE: A Drug Recognition Expert (DRE) will be contacted in the following circumstances: 1. A person arrested for DWI is impaired by a substance other than alcohol. 2. A person arrested for DWI has a blood alcohol concentration below. 08% and the subject’s level of impairment is inconsistent with the BAC reading. 3. A person had been arrested for DWI and the subject’s BAC is .00%. B. DRUG RECOGNITION EXPERT AVAILABILITY: Every effort shall be made to contact a DRE from within the agency. In the event that no department DRE is available, the Middlesex County Prosecutor’s Office Fatal Accident Unit, as well as neighboring police departments may be contacted to ascertain if they have a DRE available. 712.3.8 DOCUMENTATION: All paperwork relating to the investigation shall be promptly completed and submitted. All officers participating in the investigation shall be required to submit reports of their observations and any action taken. A. ARRESTING OFFICER: The arresting officer shall be responsible for completion of the following: 1. Summonses issued (The officer observing initial motor vehicle violations will issue summonses for these violations.) 2. Miranda Rights Card. 3. Arrest Report. 4. Drunk Driving Report. 5. Property and Evidence Report (for any other evidence to support a conviction). 6. Driver’s Abstract (if necessary). 7. Potential Liability Warning Form 8. Driving While Impaired – Last Drink Location Report B. BREATH TEST OPERATOR: The Breath Test Operator shall be responsible for completion of the following: 1. Alcohol Influence Report generated from breath test instrument. 2. Operation of the breath test instrument will be in accordance to state police training. C. DRUG RECOGNITION EXPERT: The Drug Recognition Expert shall be responsible for the following: 1. Drug Evaluation Report 2. Property/Evidence Report if a blood or urine sample was obtained by the DRE D. ADMINISTRATIVE SUPERVISORS: Administrative supervisors will conduct the Drager Alcotest 7110 breath unit simulator solution changes in accordance with state police training. 712.3.9 RELEASE OF THE DEFENDANT: Upon completion of processing the officer will allow the arrestee to contact a responsible person to transport or accompany the arrestee from the police station. In those cases where the arrestee has been transported to a Medical Facility and is unable to perform the function of contacting a responsible person to transport the arrestee, the officer will be required to attempt to contact someone for the arrestee or using information supplied by the arrestee. Once the arrestee or the officer has contacted a responsible person to transport or accompany the arrestee from Police Headquarters or the Medical Facility, the officer shall prepare the POTENTIAL LIABILIY WARNING FORM- (N.J.S.A.) 39:4-50.22. A. RELEASE TO A RESPONSIBLE ESCORT: Upon arrival of the responsible escort, the officer shall do the following: 1. Identify the defendant by name to the escort and confirm that escort contacted has arrived to transport or accompany the named defendant. 2. Inform the responsible escort that the defendant has been arrested and the violation with which the defendant has been charged. 3. Ask the responsible escort for some identification. It is not necessary to make a copy of the identification provided. If the responsible escort refuses to appropriately identify himself or herself to the officer, the defendant may not be permitted to leave with that person, since the requirement of this statute cannot be satisfied. In this circumstance the defendant may elect to contact another person to transport or accompany the defendant. 4. Hand the prepared Potential Liability Warning Form to the responsible escort. Ask that person to read the form and instruct the person to fill out the information requested on the form. 5. After the form has been filled out by the person, the officer will then complete the form. In the event the responsible escort refuses to sign the form the officer will complete the “Refusal to Acknowledge in Writing Receipt of Potential Liability Warning” section of the form giving the original copy to the person and a copy shall be retained by the officer. 6. If the summoned person refuses to accept the copy of the Potential Liability Warning form the officer will make a notation on the form that the responsible escort refused a copy. 7. At this time the defendant may be released to the responsible escort. B. OUTRIGHT RELEASE: The defendant’s blood alcohol level has decreased to a level below 0.05% (below 0.04% for commercial motor vehicle drivers and below 0.01% for persons under the age of 21), and the defendant no longer shows visible signs of intoxication. Under these circumstances, the defendant may be released to a taxi or other form of transportation (public or private). Under no circumstances shall a defendant be permitted to drive unless his/her blood alcohol level has decreased to a level below 0.05% and he/she no longer shows visible signs of intoxication or other impairment that would preclude safe driving. 1. NOTE: When determining an acceptable BAC for the purpose of releasing the defendant without an escort, additional Breath Test exams may be administered. However, the defendant has the right to refuse these subsequent exams and legal action may not be taken against him/her. However, the defendant may be detained a reasonable amount of time to allow the dissipation of alcohol from his/her system (.015 burn-off per hour) and/or based upon dexterity tests. C. JUVENILE: A defendant under the age of 18 shall be released only to a parent, relative (at least 18 years of age), or other responsible guardian (at least 18 years of age) who can and does assume responsibility for the continuing safety of the defendant. Release under these conditions must be to an adult who will and does assume full responsibility for the continuing safety of the juvenile, who will sign the Arrest Report in the box marked “Released To.” Information on the identity of the person accepting responsibility of the juvenile will also be entered on the Arrest Report by the releasing officer. 712.3.10 INDEPENDENT TESTING OF THE DEFENDANT: Subjects arrested for violation of 39:4-50 have the right to obtain independent chemical testing of their breath, urine or blood by a person of their own selection and at their own expense. Upon completion of all arrest procedures the defendant must be provided reasonable access to a telephone to arrange independent testing if he/she so requests. The officer will, upon the defendant’s request, identify local medical facilities (without showing any partiality of one facility over another), which may conduct independent tests. Such requests and the action taken by the officer shall be documented in the report. This department will not assume or undertake any responsibility to transport the defendant for the purposes of obtaining independent testing. Should the defendant, his/her escort or someone representing a hospital or medical facility, contact this agency requesting authorization or police permission to conduct independent testing, that person should be put in contact with Officer in Charge. The O.I.C. shall inform the caller that the department has already concluded their investigation and any decision concerning the drawing and/or testing of samples of bodily fluids (blood, breath, or urine) is one that can only be determined between the defendant and hospital or medical facility. The O.I.C. shall make it absolutely clear that the department, following their established policy, cannot authorize or decline to authorize independent testing of a defendant. 712.4 DWI DETECTION CHECKPOINT PROGRAM: 712.4.1 GUIDELINES: Intoxicated drivers pose a threat to all motorists by an increased risk of motor vehicle accidents, injuries and fatalities. As such, DWI checkpoints will be established from time to time to enhance the probability of apprehending intoxicated drivers and to provide an opportunity to inform the motoring public of the dangers of DWI. In order to enhance the deterrent effect of the checkpoints, advance publicity may be provided by placing a standard advertisement in the local newspaper, or on the municipal Internet site, at various times throughout the year. Notices will advise motorists that DWI checkpoints and roving patrols will be conducted within the borders of the municipality. To safeguard this law enforcement function against violation of citizen’s constitutional rights, the State Supreme Court has issued specific guidelines for the law enforcement community to follow when utilizing DWI Roadblock/Checkpoints to remove intoxicated drivers from the roadways of the State. It is the policy of this department that all members shall adhere to the following procedures in order to ensure compliance with the State Supreme Court guidelines concerning this matter. A. SUPERVISION & STAFFING: A Supervisor shall be assigned to supervise each checkpoint. The supervisor will have a rank of Sergeant or higher. He/she will be responsible for compliance with these guidelines, as well as the overall operation of the checkpoint. At the conclusion of each checkpoint, the supervisor will complete a DWI checkpoint report and forward it to the Radio Patrol Division Commander. 1. Staffing: Checkpoints shall be staffed by a minimum of six (6) to nine (9) officers, plus a supervisor, shall be required to initially setup a checkpoint. There will be a minimum of two (2) Breath Test Operators available to conduct actual Breath Test examinations. A minimum of one (1) DRE will be present. If, during the checkpoint operation, the supervisor feels that he has an insufficient number of personnel to safely operate the checkpoint, then the checkpoint shall be terminated. B. SITE SELECTION: The times, dates and locations of the checkpoints will be decided by the Radio Patrol Division Commander. The guidelines set forth in State vs. Kirk and State vs. Egan shall be adhered to when deciding where, when and how to set up the checkpoints. The primary determining factors for those decisions will be alcohol-involved accident data and DWI arrest data. 1. Site Diagram: A diagram of the physical setup of the checkpoint at the specified location will be prepared by the checkpoint Supervisor prior to the establishment of the roadblock. This diagram will receive prior approval by the Radio Patrol Division Commander prior to its application. The physical setup of each checkpoint will comply with the diagram. This diagram, which will be based upon the latest court decisions on checkpoint set-ups, will indicate the proper placement of all warning devices such as reflectorized signs, cones, flares and marked patrol cars. The physical setup of each checkpoint location shall conform with the "Manual on Uniform Traffic Control Devices", so as to ensure that adequate warning devices are present in order to make the checkpoint as safe as possible. C. STOPPING OF VEHICLES: The stopping of vehicles will be in compliance with the guidelines set forth in Delaware vs. Prouse, State vs. Kirk, and State vs. Egan or the latest court decision(s) if said decision(s) supersede these particular decisions. As a rule, all vehicles will be stopped. However, the checkpoint supervisor may change to a different sequence if personnel availability and/or traffic conditions require it. Such a change shall be noted on the DWI checkpoint report and all checkpoint personnel shall be apprised of the change. 1. All officers participating in the checkpoint shall be in the uniform of the day and equipped with a flashlight and reflectorized vest. 2. The designated "point" officers shall, when confronting each motorist, state "Good morning (evening), this is a Woodbridge Township DWI checkpoint. Have you been drinking this evening?" 3. If indications are that the motorist has been drinking, then the point officer shall direct the motorist to the staging area for further testing. If there are no such indications, then the point officer shall thank the motorist for his/her cooperation. The point officers shall provide all motorists with the current DWI information handout. Point officers are permitted to ask additional questions, such as "Where are you coming from?", and "Where are you going?" Point officers shall not check credentials. Such inspections shall only be allowed when a motorist is sent into the staging area. 4. In the event that a point officer determines that a confronted motorist shows indications of impairment, he will have the motorist exit his vehicle and will accompany the motorist to the staging area for further testing. 712.5 ALCOHOLIC BEVERAGE CONTROL NOTIFICATION 712.5.1 ALCOHOLIC BEVERAGE CONTROL NOTIFICATION: When a person has been arrested for a violation of 39:4-50, et seq, the arresting officer shall advise the subject of his Miranda rights and upon receiving a waiver of those rights, ask the subject a series of questions related to their consumption of alcoholic beverages preceding the arrest. A. Whenever a subject indicates that he had consumed alcoholic beverages at a location, other than a private residence or public property, the officer shall ask additional questions to determine if the location was a commercial establishment (e.g. a bar, nightclub, or restaurant). The location of the commercial establishment, including street name and municipality, as described by the subject shall be noted in the investigation report. B. Whenever an officer obtains information on a commercial establishment he shall complete a Division of Alcoholic Beverage Control form LD-1 (Driving While Impaired – Last Drink Location Report). C. The “Driving While Impaired – Last Drink Location Report” shall be faxed to the Division of Alcoholic Beverage Control (609-292-1707) at the completion of the arrest. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures COMMERCIAL DRIVERS LICENSES Chapter: Volume Seven: 714 Traffic Operations Date(s): Authority General Order #: File #: Effective: May 27, 1998 Chief Wm. Trenery 98-010 714-981 Revised: Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: N.J.S.A.39:3-10.18a(2), N.J.S.A.39:3-10.18b(1), N.J.S.A.39:4-50, N.J.S.A.39:310.13, N.J.S.A. 39:3-10.24 ACCREDITATION STANDARDS REFERENCES: Chapter 61.1.5 714.1 POLICY & PURPOSE: 714.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to investigate all reported violations of the Commercial Drivers’ License (CDL) Act as well as those encountered during traffic stops within this jurisdiction. 714.1.2 PURPOSE: The purpose of this policy is to establish guidelines for handling persons operating a commercial motor vehicle without a valid CDL, or while their CDL driving privileges have been suspended or are revoked. 714.2 PROCEDURES: 714.2.1 GENERAL GUIDELINES: Except when operating under a valid CDL learner’s permit, a person shall not operate a commercial motor vehicle unless that person is in possession of a valid CDL and all applicable endorsements. A. VIOLATIONS: When an officer comes into contact with a commercial motor vehicle operator who is not in possession of a valid CDL, the officer shall issue a summons to that operator for a violation of N.J.S.A. 39:310.18a(2). 1. When an officer comes into contact with a commercial motor vehicle operator who has had his/her commercial driver's license suspended or revoked, the officer shall issue a summons to that operator for a violation of N.J.S.A. 39:3-10.18b(1). 2. The officer shall not permit an unlicensed, suspended or revoked operator to continue driving the commercial motor vehicle. If a licensed commercial vehicle operator is not readily available, the vehicle is to be lawfully parked or removed from the roadway (i.e., towed). 3. The officer shall permit the violator to remove any personal property, within reason, from the vehicle before it is towed or left at the scene. 714.2.2 COMMERCIAL MOTOR VEHICLE STOPS: When stopping commercial motor vehicles for any reason, officer safety is paramount. Officers shall take all steps and precautions necessary during these traffic stops, to ensure their safety and well being. A. OFFICER ACTIONS: Where practical, all stops shall be made in an open parking area off the roadway. 1. All officers must notify the communications center of the location and vehicle description prior to effecting the stop. 2. Officers will approach the vehicle with caution, but with minimal delay. 3. Officers will obtain the driver's license, registration and insurance card, except for those vehicles registered as Public Utilities Commission (PUC) or Interstate Commerce Commission (ICC) as they are not required to possess the cards (some PUC carriers will have the cards but they are not required to do so by law). If applicable, officers will also review the vehicle “bill of lading”. 4. Officers will interview the driver and passengers as necessary. 5. Officers will issue the appropriate summons or warnings for the violations observed. 714.2.3 VEHICLE TOWING AND IMPOUNDMENT: If a commercial motor vehicle is stopped, and the operator is arrested or not allowed to continue driving for any reason, the operator shall be given the opportunity to have the commercial motor vehicle left at the scene of the stop. After obtaining authorization from the owner or operator, the vehicle can be secured so that it is safely and legally parked. Authorization should be documented in the appropriate report(s) generated by the officer(s) (e.g., noted in the IR, AR or in the CAD notes: “parked at scene”). A. OTHER GUIDELINES: The operator shall be given the opportunity to select a driver or wrecker of his/her own choice to move the vehicle, provided the driver or wrecker can arrive within a reasonable amount of time, depending upon the conditions created by the commercial vehicle stop in relation to the traffic patterns present at the time of the stop. 1. Officers shall take into consideration the type of cargo, giving special consideration to the containment of hazardous material or perishable materials. 2. When necessary, the “on-call” duty wrecker shall be utilized, and tow cards will be promptly submitted by the duty wrecker. 3. The operator of the towed vehicle shall be supplied with the name, address, and phone number of the “oncall” duty wrecker when it is utilized. 714.2.4 ENFORCEMENT & PROHIBITION AGAINST DRIVING WHILE INTOXICATED (CDL DWI): The purpose of this section is to establish guidelines for handling persons suspected of operating a commercial motor vehicle with a prohibited alcohol concentration or while under the influence of alcohol or drugs. It should be noted that in order to comply with Federal Law, New Jersey has adopted a lower permissible alcohol concentration for operators of commercial motor vehicles. A person may not operate a commercial motor vehicle in this state with an alcohol concentration of 0.04% or more, or while under the influence of drugs. The implied consent provisions of the CDL Act are the same as the implied consent provisions for N.J.S.A. 39:4-50. Operation of a commercial motor vehicle with an alcohol concentration of 0.04% or more is a violation of N.J.S.A. 39:3-10.13 (CDL DWI). Operation of any motor vehicle with an alcohol concentration of 0.10% or more is a violation of N.J.S.A. 39:4-50 (per se DWI violation). For general information concerning DWI enforcement, see SOP # 712: DWI Enforcement. A. ARREST AND PRE-ARREST SCREENING: Detection is the first step in any DWI enforcement action. The officer’s observations at this stage are critical to the establishment of probable cause to arrest. Officers shall perform the following: 1. Recognize and identify specific driving behaviors and patterns that signify a high probability that the driver may be operating with an alcohol concentration of 0.04% or more and/or while under the influence of drugs. 2. Exercise due care and caution in pursuing impaired drivers and be alert for unusual or inappropriate reaction from the driver. 3. Pursuit should not be prolonged and shall follow agency policy concerning same. Apprehension should be made as soon as possible in a safe location in accordance with department policy for motor vehicle stops. 4. Request assistance if necessary or if an arrest is going to be effected. 5. Once the vehicle has been stopped and a determination by the officer has been made that the driver may be operating with an alcohol concentration of 0.04% or more and/or operating while under the influence of drugs, do not allow the driver to move the vehicle. 6. During face to face contacts, recognize specific characteristics, attitudes, and actions commonly manifested by drivers operating with an alcohol concentration of 0.04% or more and/or while operating under the influence of drugs. 7. Note all observations leading to the suspicion that the driver may be operating with an alcohol concentration of 0.04% or more and/or operating while under the influence of drugs. Ask the driver some general questions, paying attention to his/her manner of speech. 8. If the operation of the motor vehicle was not observed, the officer must establish evidence of operation prior to arrest. 9. If probable cause exists to support a suspicion that the driver was operating with an alcohol concentration of 0.04% or more and/or under the influence of drugs, request the driver to exit the vehicle and move to a safe location to conduct field sobriety tests in accordance with agency policy concerning same. 10. Formulate appropriate arrest decisions based upon the evidence accumulated as a result of the field testing. 11. Officers shall not release a suspect or arrange for alternative transportation in lieu of arrest. B. MIRANDA RIGHTS: After conducting the initial examination at the scene of the traffic stop, and upon determining that probable cause to arrest exists, officers will effect an arrest of the subject. Once the officer has determined he is going to arrest the subject, he/she shall read the Miranda Rights to the subject. C. ARRESTEE HANDLING: If the officer has probable cause to believe that the operator of a commercial motor vehicle has an alcohol concentration of 0.04% or more, or is under the influence of drugs, the officer shall effect an arrest. For further arrest guidelines, see SOP # 712, DWI. D. BREATH TESTS: If chemical breath testing is utilized, chemical breath testing shall be conducted at Police Headquarters by a certified Breath Test Operator. Breath tests shall be administered to the subject in compliance with N.J.S.A. 39:3-10.24 (implied consent to taking of samples of breath). 1. Should the subject refuse to submit to the chemical breath tests after having been read the CDL standard statement by the arresting officer, or fail to give satisfactory breath samples as determined by the Breath Test Operator, the arresting officer shall issue a summons for refusal pursuant to N.J.S.A. 39:3-10.24. Full documentation of the refusal shall be made on the Drunk Driving Report in the narrative section. 2. All other breath test procedures should be followed as noted in SOP # 712, DWI. E. DOCUMENTATION: All paperwork relating to the investigation shall be promptly completed and submitted. All officers participating in the investigation shall be required to submit reports of their observations and any actions taken. 1. The arresting officer shall be responsible for completion of all documentation as covered in SOP # 712: DWI. F. RELEASE FROM CUSTODY: Once the necessary paperwork and testing are completed, the subject shall be permitted to contact a responsible adult to pick him/her up from police headquarters. The Police Department is not responsible for the transportation of the subject after processing has been completed. Nor is the Police Department responsible for independent tests or transportation for independent tests of the subject’s blood for alcohol concentrations. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures TRAFFIC ACCIDENT INVESTIGATION Chapter: 720 Volume Seven: Traffic Operations Date(s): Authority General Order #: Effective: 3-31-98 Chief Wm. Trenery 98-004 Revised: 03-07-05 Chief Wm. Trenery 05-001 Revised: 08-29-07 Chief Wm. Trenery 07-006 Revised: 02-21-12 Director R. Hubner 11-003 Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: Chapter 61, Section 2 (all) File #: 720-981 720-051 720-071 720-121 720.1 POLICY & PURPOSE: 720.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department that all officers who are responsible to carry out traffic accident management duties, will do so as necessary and appropriate, consistent with the nature, severity and other pertinent characteristics of each accident. 720.1.2 PURPOSE: The purpose of this policy is to establish general guidelines for the department's response to traffic accidents and how officers are to report and investigate such incidents. The police function in relation to traffic accidents is varied. Aid to the injured, traffic control, investigation, enforcement and accident prevention are some of the areas upon which the police will have an impact. An adequate response, knowledgeable performance and preventative efforts can go a long way in minimizing increased damage to property and bodily injury. Police responsibility will continue until the injured have been cared for, the accident vehicles have been removed, the roadway is clear of debris, and the traffic flow is normalized. 720.2 AGENCY RESPONSE: 720.2.1 RESPONSIBILITY: It shall be the responsibility of the Officer in Charge of Traffic Safety to ensure the agency’s accident reporting and investigation activities are efficiently and effectively carried out. This shall be accomplished through a combination of staff review of police accident investigation reports and the assignment of personnel to inservice courses which address traffic accident investigation and engineering (to include basic, advanced, and specialized traffic accident investigation). A. CORRECTIVE ACTION: Where deficiencies are noted, reports shall be returned to an officer for correction. Training shall be scheduled as appropriate. In most cases, corrective action can be taken by an employee’s Supervisor through individual counseling. 720.2.2 REQUIRED RESPONSE: Upon the receipt of a report of a traffic accident, the Communications Officer will direct one or more officers, as may be appropriate, to respond to the scene of a traffic accident. Officers will respond in accordance with the procedures as outlined within this policy and other agency policy defining the response to calls for service. Officers will adhere to the criteria that has been established requiring an officer to conduct a complete and thorough investigation. All investigations involving a traffic accident are to be submitted on the State of New Jersey approved Motor Vehicle Accident Investigation Report form (NJTR1), along with other related departmental reports and forms as required. A. TYPES OF ACCIDENTS REQUIRING AN INVESTIGATION & REPORT: 1. Accidents involving death or injury. 2. Accidents involving a hit and run or leaving the scene of an accident. 3. Accidents involving the impairment of an operator due to alcohol and/or drugs. 4. Accidents involving hazardous materials. 5. Accidents which involve damage to motor vehicles or property resulting from motor vehicles in excess of $500.00. 6. Disturbances between principals who may have been involved in a motor vehicle accident. 7. Major traffic congestion as a result of a motor vehicle accident. 8. Damage caused to motor vehicles to the extent that towing is required. 9. Traffic accidents where either the road condition or some other condition may exist which exposes the Town to insurance liability claims. 10. All traffic accidents which a supervisory officer deems appropriate to warrant an investigation. 11. Minor traffic accidents where any party involved wishes for a police investigation to be done. B. ACCIDENTS WHERE A POLICE INVESTIGATION IS NOT REQUIRED: Traffic accidents that are minor in nature (i.e., none of the above required situations exist), or in those situations where the police have not been called to the scene of an accident and/or there is a prolonged period of time between when the accident occurred and when the report is made to the police (i.e., the ability of the officer to investigate the accident would be impracticable). In these situations officers should assist the parties involved in exchanging information so that they can submit a State approved Motor Vehicle Accident Investigation Operator's Report form (NJSR21). 720.2.3 REQUIRED FORMS: A. STATE OF NEW JERSEY ACCIDENT REPORT (NJTR-1 FORM): This report must be used for accidents which cause injury or death and/or involve estimated property damage in excess of $500.00, and if the accident involves motor vehicles such as cars, trucks, buses, motorcycles, mopeds, and pedestrians, and occurs within our jurisdiction. The NJRT-1 form will also be completed for hit and run accidents that cause property damage in excess of $500.00 and in all accidents which involve a commercial vehicle with at least two axles, six tires or a haz-mat placard and a bus(es) with seats for more than fifteen people. 720.2.4 ACCIDENT CLASSIFICATION SYSTEM: All motor vehicle accidents shall be classified through the use of the department's coding system. The coding system shall be in accordance with the State of New Jersey accident classification system, as identified on all NJTR forms. 720.3 ACCIDENT SCENE RESPONSIBILITIES: 720.3.1 GENERAL REQUIREMENTS: Officers who respond to the scene of a motor vehicle accident are responsible for achieving a variety of objectives. In most cases the officer who is charged with the investigation of the accident is responsible for directing the activity which is to take place at the scene of the accident, unless a supervisor is on the scene for that purpose. A. PRIMARY OBJECTIVES: Some of the primary objectives that are to be achieved include the following: 1. Take action to stabilize the accident scene for the purpose of preventing or reducing potential hazards to the general public, and reduce the furtherance of any deterioration of the accident scene. This is usually done through the proper positioning of emergency vehicles, use of flares, and in extreme cases, the use of barricades or street closings. 2. Provide emergency services at the scene of the motor vehicle accident by summoning additional emergency support services, and by providing emergency first aid and basic life support to those who may be injured. Additional emergency services would include the following: a. Additional Police Personnel. b. Ambulance / Emergency Medical Services. c. Fire Apparatus & Related Rescue Equipment. d. Towing Equipment. e. Other Utility Services, as needed. 3. Provide alternate and safe traffic pattern around the accident, as may be needed, so as to avoid unnecessary traffic congestion and delays. 4. Protect the accident scene for the purpose of preserving physical evidence which will aid in the investigation of the accident. 5. Expedite the removal from the roadway of vehicles, persons, and debris. 6. Locate and interview witnesses to the accident. 7. Obtain sufficient data about the vehicles, roadway, drivers (or pedestrians or bicyclists), and other persons involved in the accident so that the accident report can be accurately completed. 8. Conduct an independent investigation in an effort to determine the major contributing circumstances which may have led to the cause of the motor vehicle accident. 9. Take the appropriate enforcement action (verbal warning, motor vehicle summons, arrest). B. NOTIFICATION OF TRAFFIC ENFORCEMENT UNIT (T.E.U.): 1. When an officer responds to a traffic accident involving death or injuries likely to cause death, or extremely unusual circumstances the officer will notify the Shift Commander. The Shift Commander will determine if notification to the T.E.U. is needed. Procedures for serious and fatal accidents are contained in SOP 722 Traffic Accident Investigation Serious Injury/Fatalities. 720.3.2 PERSONS IN CHARGE OF ACCIDENT SCENES: Supervisory personnel may not always respond to accident scenes (for a variety of reasons). Thus, when more than one officer or other emergency responder is at the accident/emergency scene, appropriate protocol must be followed to determine who is in charge, and to ensure that all required tasks are carried out in an orderly and efficient manner. It is for this reason that the following protocol has been established in determining who is in charge of an accident scene at any given time. A. COMMAND PROTOCOL: As a basic rule, unless there are extenuating circumstances, it shall be the responsibility of the assigned area officer to investigate a traffic accident which occurs in his/her assigned area. If the traffic accident is serious in nature, the supervisory officer should be summoned to the scene to determine if additional assistance is required (i.e. traffic safety personnel). Area officers are expected to take charge of accident scenes immediately upon arrival. Unless specifically directed not to do so by a supervisor, officers shall not surrender charge of a scene to non-law enforcement personnel. 1. A common exception to this policy would involve a situation where there is an actual fire emergency (actual, not potential), or if the accident involves a leak or breach of a container holding hazardous materials, other than normal vehicular fluids. In these cases the ranking fire official is in charge of the scene until the situation has been stabilized. At that time, charge of the scene will revert back to law enforcement personnel. 2. All officers are expected to cooperate constructively and efficiently work with all emergency workers, and officers of other law enforcement agencies where there is a situation involving overlapping or contiguous jurisdictions (e.g., situations where the NJ State Police would ordinarily be in charge and investigate an accident (interstate highways and toll roads). 3. Officers are expected to be familiar with the operations and practices of other emergency service agencies that may have occasion to respond to accident scenes, so that they can effectively, constructively and efficiently interact with those agencies. 4. Officers who happen to be involved in traffic accidents themselves will, to the extent possible, exercise charge over the accident scene only until the arrival of a Supervisory officer, to whom responsibility will be surrendered. 720.3.3 IDENTIFYING & TREATING THE INJURED: Once the accident scene is stabilized, the first officer arriving on the scene should check for any injuries. If there are visible injuries or complaints of injuries, a request should be immediately made for emergency medical services. Injuries are to be treated by the administration of first-aid by the officer or other qualified person. Officers shall apply first aid for which they have been trained. Officers shall not allow untrained persons to administer first aid. If there is a serious injury, the dispatcher shall be notified immediately and the services of a paramedic unit shall be summoned. Injured persons shall not be moved unless it is necessary to do so in order to prevent further injury. All injured persons shall be transported by ambulance if possible (to include the NJSP Medivac Helicopter, if necessary and available). The on-duty Supervisor shall approve all requests for the assistance of the NJSP Medivac helicopter. 720.3.4 FIRE HAZARDS AND/OR HAZARDOUS MATERIALS: In addition to any medical emergencies, if there are persons trapped in an accident vehicle, if the vehicle is overturned, or if hazardous materials, oil or gas have been spilled, the services of the fire department shall be requested immediately. A. ELECTRICAL HAZARDS: Officers shall also be keenly aware of any hanging wires or other objects which could cause death or injury by electrocution. In those cases, the area is to be protected and the officer shall immediately call for the appropriate public service agency to assist. Water in the area shall be taken into consideration when dealing with electricity. 1. Wires on Accident Vehicles: Officers shall not touch, nor allow anyone to touch, vehicles which have live wires on top or touching the vehicle. Any persons inside such vehicles are to be directed not to exit the vehicle until such time as the electrical hazard has been removed by public service personnel. Agency employees are not to touch any wire. 720.3.5 PROTECTING THE ACCIDENT SCENE: A. POSITIONING OF POLICE VEHICLE: To prevent further accidents or damage, the police cruiser shall be positioned so to provide the greatest amount of protection to the accident scene. 1. The cruiser shall be parked at least 50 feet away so that if struck, it will not be pushed into the accident vehicles. 2. The cruiser shall be parked so as to provide sufficient sight distance from oncoming traffic to allow for a safe and effective stopping distance prior to the accident scene. 3. The cruiser shall be positioned so that oncoming traffic will be routed in such a way as to avoid the accident. 4. The overhead emergency lights on the cruiser shall be activated to give other motorists optimal notice of the accident scene. 5. Additional officers shall direct traffic as may be required. 6. The street or roadway, if necessary, will be blocked off until the accident scene is cleared. B. REFLECTORS OR FLARES: Reflectors or flares, when used, shall be placed to the front and rear of the vehicles for a distance sufficient to give adequate warning to all motorists approaching the scene. The officer shall also put on any reflectorized clothing which is available to him/her to enhance visibility. This should be done as soon as possible after first arriving at the scene. 1. Officers shall keep in mind the safe use of flares and the necessary precautions required when dealing with vehicular fluids and/or hazardous materials, in order to prevent injury, fire, and/or explosion. 720.3.6 CONTROL OF PROPERTY BELONGING TO ACCIDENT VICTIMS: Officers responding to accident scenes have a responsibility to safeguard victims' personal belongings, consistent with the priorities of other duties. This responsibility is heightened when the victim is deceased or incapacitated by injury. Officers shall be alert for theft from vehicles and injured persons. Officers should inspect the passenger compartment of a vehicle prior to towing from the scene, to secure any valuables. Any property removed from a vehicle shall be itemized on a Property and Evidence Report Form. A. PROPER HANDLING OF PROPERTY: When an officer is required to handle a victims' personal property (such as for identification purposes or because the victim is hospitalized), this should be done, whenever possible, in the presence of a witness. Such witness shall be identified in the report of the accident. When it is necessary to release a victim's property to another person or agency, the releasing officer shall complete the Property & Evidence report and ensure that the person receiving the property is authorized to accept the items. 720.4 INVESTIGATION PROCEDURES: 720.4.1 COLLECTION OF INFORMATION: In those situations where an officer is going to conduct an investigation, it should be done as soon as reasonably possible under the circumstances, and the investigation should include the recording of relevant information. A. INFORMATION TO BE RECORDED: 1. Time, date and place of the accident. 2. Name, address and the license numbers of the operators involved. 3. Make, model and registration number of the vehicles involved. 4. Name and address of the vehicle owners and associated insurance companies. 5. Name and address of injured persons, description of the visible injuries and whether transported to the hospital. 6. Name and address of witnesses with a notation of whether the witness was an occupant of one of the vehicles or a bystander. 7. Relevant statements made by any of the above. 720.4.2 INTERVIEWING PRINCIPALS AND WITNESSES: Officers should question drivers and witnesses separately and apart from each other concerning the traffic accident. Tape recording devices, if available, may be used during questioning. Officers should discourage drivers and witnesses from discussing the accident among themselves. A. QUESTIONING: If the questioning is in relation to a criminal violation or some other offense, such as death by auto, drunk driving offense, etc., and the questioning is directed toward determining the driver's involvement as a violator, or there is a possibility that the driver is likely to make an incriminating statement, he will be advised of his constitutional rights as prescribed by the Miranda decision prior to questioning. 1. In minor traffic accidents which are reported, the questioning of drivers and witnesses is usually conducted at the scene. 2. In accidents of a more serious nature where it may be more appropriate to obtain a formal statement from principals, the officer should obtain a brief account at the scene. Any subsequent formally recorded and comprehensive statements should be taken at a more suitable location, preferably at the police station. 3. Officers should question drivers and witnesses as soon as possible following the accident. 4. When questioning drivers and witnesses, officers are to remain objective, exhibiting emotional stability, diplomacy and understanding. All officers are expected to reflect a professional attitude and demeanor, and avoid conflict, profanity and sarcasm. 5. When questioning drivers, officers should be alert to any physical or emotional impairment (temporary or permanent) which may have affected the person's driving ability. This will include, in particular evidence of alcohol and/or drug impairment. 6. Witnesses will be questioned separately, when available, as to their exact location when they witnessed the accident, what they were doing at the time, and what they saw, heard, or did in response. 720.4.3 EXAMINING & RECORDING VEHICLE DAMAGE: Quite often the vehicles themselves may offer additional clues as to some of the contributing factors which have lead to the accident. Officers should always make a visual examination of the vehicles involved not only to determine the extent of damage to the vehicles involved, but also to determine if any important information can aid in conducting the investigation. A. SIGNIFICANT FACTS: Some of the significant areas that should be checked, depending on the circumstances of the accident, may include some or all of the following: 1. The tires should be checked for proper inflation, tread and any indication of defect or failure. Side walls should be checked for recent cuts, scrapes, or marks which indicate breaking or a sideward sliding action of the vehicle. Wheels should also be checked for recent damage, marks, and dents. 2. If relative to the investigation, the lights of the vehicle should be checked to determine if they were on or off during the accident, if they are functional, and the position of the light switch controls. 3. The vehicle should be checked to determine if the operator of the vehicle had proper visibility, at the time of the accident. This is usually of particular concern during times of inclement weather, where defrosters may have not been in proper working order, or those cases where the operator did not take the time to properly clean off windows and exterior mirrors. 4. The interior of the vehicle should be checked for any loose materials that may have interfered with the driving ability of the driver. 5. Rear view mirrors will be checked for their presence and condition. 6. The frame and body should be checked for any indication of alteration in the frame suspension and steering mechanism. 7. The mechanical controls should be checked and their condition noted relative to the position of the gear shift, position of the accessory switches, light switches, position of the speedometer, proper operation of the pedals, operation of the horn, the presence and condition of seat belts, and the presence and condition of sun-visors. 8. Officers who note faulty equipment or are told of any vehicular malfunction which may warrant a more thorough and in-depth examination should make arrangements for a qualified mechanic to examine the vehicle, particularly if the defects are suspected in the braking and steering mechanisms of the vehicle. This procedure tends to be more appropriate in more serious types of accidents or when a driver's statements are refuted by the officer. 9. A significant challenge to the investigator is in determining whether deficiencies noted in the vehicle existed prior to the accident, contributed to the accident, were the result of the accident, or were merely a circumstance which was present but not a contributing factor. 10. Investigators will also check the damage obviously sustained in the collision of each vehicle. A thorough examination and evaluation of the damaged area should be checked to determine if the damage coincides with other evidence and statements as to how the accident occurred. 720.4.4 EXAMINING & RECORDING EFFECTS OF ROADWAY EVIDENCE: The evidence that is left on the roadway usually lends a great deal of information to an investigation. Often the evidence left on the roadway provides the officer with an independent source of information which may either support or refute verbal testimony given by the principal parties involved. A. SIGNIFICANT CONDITIONS: Some of the significant conditions that should be checked, depending on the circumstances of the accident, may include some or all of the following: 1. Officers will note all conditions of the road surface which may have contributed to the accident to include such things as, any foreign substance on the surface, condition of roadway surface, overall condition of the roadway, the presence of any grades or curves, etc. 2. Officers should also check the road for any obstructions which may have existed at the time of the collision. This may include view obstructions posed by buildings, parked vehicles, signs, etc., other obstructions such as, glare from background lighting, foliage, and structures (permanent and temporary), etc. 3. Officers should check the control devices present, to include speed limit signs preceding the accident scene; present condition, size, and conspicuousness of other control signs; and the proper functioning of traffic signals. 4. Officers will record any unusual weather conditions existing at the time of the collision to include rain, snow, fog, ice, etc. 5. Officers will check for tire markings on the road surface to offer clues as to vehicular speed, driver inattention, and other pre-accident vehicular actions. 6. Debris left by the vehicles or gouge marks offer clues as to vehicle direction and point of impact. 720.4.5 VISUAL RECORD OF THE ACCIDENT SCENE: Depending on the seriousness of the accident, it may be necessary to make a visual record (photographs and video recordings) of the conditions present at the scene of the accident, as well as physical evidence obtained. Most "routine" accident investigations do not require such documentation. However, the exception involves those accidents where there are serious injuries involved, including fatalities or extensive property damage occurs as a result of the collision. A. PHOTOGRAPHS/VIDEO: If photographs are to be taken, the investigator should consider using both still photographs (35mm) and/or video (VHS format) for the purpose of documenting accident scenes. The principles to be followed generally apply to both types of visual records. 1. Officers making visual documentation at accident scenes will be thoroughly familiar with the rules of evidence as they apply to photographic evidence and insure the images taken meet these approved standards. 2. Officers taking still photographs should note where each picture is taken and be able to mark the location on a diagram. 3. Photographs will be taken of an overview of the accident scene with permanent fixed objects included to assist in establishing location. 4. Officers will take photographs from all angles establishing a 360 degree photographic coverage of the accident scene. 5. Photographs should be taken from the perspective of the drivers involved; direction, angle and height from the roadway. 6. When large distances are involved, sequence photographs should be taken. 7. Photographs will be taken of short-lived and temporary evidence (tire marks, skid mark shadow, spillage from the vehicle, etc.). 8. Photographs will include close-up shots of physical evidence including marks on the roadway, impact damage to vehicles, view obstructions, traffic control signs and signals (from the viewpoint of the driver), and skid marks. 9. The department's chain of evidence will be strictly adhered to with regard to the photographs, negatives and video tapes which will be used for evidential purposes. 720.4.6 SKETCHES AND MEASUREMENTS OF THE SCENE: Sketches are a useful and a necessary tool to the investigator when explaining the accident. In preparing sketches, the investigator is able to reveal facts, locate points in an accident scene and prepare subsequent scale drawings. When investigating accidents, officers should prepare such sketches as may be necessary and appropriate for investigative purposes. A. METHODS: 1. Sketches shall contain a legend including; the investigation report number, location, date, time of the accident, officer(s) preparing the sketch as well as the compass points. 2. Officers shall begin the sketch by preparing a map containing the physical characteristics of the scene, pertinent contributing factors (view obstructions, control devices) and fixed points to be used as a reference point from which measurements will be taken. 3. The sketch shall contain the final position of the vehicles, positions of persons not in a vehicle, debris and skid/scuff marks. 4. Measurements shall be taken by use of triangulation and/or coordinate system for locating pertinent items in the sketch. 5. When necessary and appropriate for a particular investigation, the information on the sketch will be drawn to an approximate scale, depicting the measurements that have been obtained. 6. Depending on the complexity and seriousness of the accident, the services of the Engineering Department may be called upon to prepare a scale drawing (subject to the approval of the Police Director). 720.4.7 ACCIDENT INVESTIGATION FOLLOW-UP: Follow-up traffic accident investigation will be completed, as necessary, in order to bring an investigation to it's logical conclusion, to support ongoing or anticipated criminal prosecution, or to establish pre-accident conditions on more serious accidents. In the case of accidents which involve serious injury/death, extensive property damage, driving while intoxicated, or other criminal charges, the department may elect to take the following actions: A. TRAFFIC SAFETY PERSONNEL: Certain officers have received extensive training in accident investigation and may be assigned to carry out the preliminary and follow-up investigations, as needed on serious or complicated accidents. The duty supervisor shall determine if it is necessary to have a specially trained officer assigned to an accident investigation. If it is determined that an officer will be called out to conduct the accident investigation, one of the designated officers trained to conduct such investigations shall be assigned. Depending on the circumstances involved, the department's specially trained accident investigators are responsible for completing the following actions: 1. Collecting Off-Scene Data: In serious motor vehicle accident, particularly as it pertains to fatal accidents where insufficient evidence can be gathered at the scene, investigating officers may have to retrace the steps of the parties involved to determine pre-accident actions which may have contributed to the cause of the accident. 2. Formal Statements: In many serious accidents where there is a possibility that criminal charges may be developed, the investigating officer will be required to take formal statements from the principals involved in the accidents, as well as any witnesses who may be identified. 3. Reconstruction: As the need arises and depending on the magnitude of the accident, it may become necessary to reconstruct the accident in determining the pre-accident conditions. 4. Preparing Formal Reports: Where there may be a fatality, or the filing of criminal complaints, the investigating officer will be required to submit a separate incident report, detailing the investigation, and other information to support criminal charges arising from the accident. B. OUTSIDE ASSISTANCE: Requests for outside expert and technical assistance in follow-up investigations will specify the precise assistance to be rendered, the names and qualifications of the personnel proposed to provide the assistance, and adequate justification of the need for the assistance. All such requests must receive the approval of the Officer in Charge of Traffic safety or his/her Division Commander before the assistance is authorized and before the follow-up investigation services commence. The technical assistance which may be sought may include the following: 1. Photography: Expert photography services may be required to recreate an accident scene. 2. Surveyors: A land surveyor/engineer may be needed to accurately draw an accident scene. 3. Mechanics: A mechanic with a specialty might be needed to examine a wreck in order to determine if the mechanical condition of a vehicle contributed to the collision. 4. Physicians: May be needed in order to determine if specific injuries were caused by the accident or came from some other means. 5. Professional Investigators: In situations where it may be necessary to provide for accident reconstruction which exceeds present levels of training. 720.4.8 CHARGING DECISIONS IN ROUTINE MOTOR VEHICLE COLLISIONS: A. PROBABLE CAUSE EXISTS: Whenever possible, if an officer investigating a crash can determine that probable cause exists that the driver(s) of a vehicle(s) has violated a criminal statute (aggravated assault, assault by auto, eluding, etc.) the officer shall charge the actor with the appropriate crime pursuant to Title 2C. B. UNDETERMINED PROBABLE CAUSE: The determination of the specific nature of injuries, at times, cannot be established by the initial investigating officer at a crash scene or even hours later at a hospital. The investigating officer should document on his crash report the specific nature of any determined injuries, the name of the hospital to which the injured parties were brought and document the phone numbers of the injured parties. The injured parties may be contacted, if necessary, at a later date to confirm the extent of their injuries and / or obtain consent for medical records. C. CHARGES RESULTING FROM ACCIDENTS WITH SERIOUS BODILY INJURIES: The Supervisor reviewing a report of a traffic crash with serious bodily injuries shall forward a copy of the report to the TEU. He or she will ensure that the phone numbers for all persons injured in the crash are included in the report. He/she will also ensure that the investigating Officer writes the Alarm Number on the back of the Court Copy of the traffic summons. 1. The term, “Serious Bodily Injury,” is defined by N.J.S.A. 2C:11-1b. Serious Bodily Injury: means bodily injury which creates substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily organ. D. TRAFFIC ENFORCEMENT UNIT REVIEW: A Supervisor or Traffic Officer assigned to the Traffic Enforcement Unit of the Patrol Division will review all cases that were formerly reviewed by the Office of the Middlesex County Prosecutor’s Office. The Supervisor or Traffic Officer will be responsible for reviewing all injury related crashes, obtaining any pertinent information from any injured parties or medical facilities or sources and make a final determination if criminal charges are warranted. The Supervisor or Traffic Officer will ensure that the initial investigating officer signs any warranted complaints. When necessary, the Supervisor or Officer will consult with the Middlesex County Zone Prosecutor, to determine if charges are warranted. 1. The Records Bureau will forward for review to the Traffic Enforcement Unit any motor vehicle accident report involving injury related arrests and / or motor vehicle accident reports involving injuries that are: a. Related to recklessness (39:4-96) b. Related to driving under the influence of intoxicating beverages and / or drugs (39:4-50, 39:4-50.14, etc.) c. Related to a crash caused by an actor in the process of Eluding the Police (N.J.S.A. 2C:29-2) d. Related to a crash in which the actor left the scene of the crash (N.J.S. 39:4-129) e. Related to a crash in which the actor was driving while his driving privileges were suspended or revoked (39:3-40) 2. The Woodbridge Municipal Court will forward for review copies of any summons to the Woodbridge Police Traffic Enforcement Unit if the summons indicates that injuries were involved. E. FOLLOW-UP CRIMINAL CHARGES: If a criminal charge is warranted the Supervisor or Traffic Officer will advise the Woodbridge Municipal Court by correspondence that criminal charges have been signed / or are pending and that any motor vehicle summonses are to accompany any criminal complaints so that they may be forwarded to the Office of the Middlesex County Prosecutor. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures TRAFFIC ACCIDENT INVESTIGATION SERIOUS INJURY / FATALITIES Chapter: 722 Volume Seven: Traffic Operations Date(s): Authority General Order #: Effective: Jan. 29, 1998 Chief Wm. Trenery 98-001 Revised: March 11,2003 Chief Wm. Trenery 03-002 Revised: Oct. 15, 2008 Chief Wm. Trenery 08-006 Revised: Feb. 25, 2009 Chief Wm. Trenery 09-001 Revised: Feb. 21, 2012 Director R. Hubner 11-003 Revised: Revised: LEGAL REFERENCES: N.J.S.A. 26:2B-24, N.J.S.A. 26:2B-26, N.J.S.A. 26:2B-29 ACCREDITATION STANDARDS REFERENCES: 41.2.5, 61.2.2 File #: 722-981 722-031 722-081 722-091 722-121 722.1 POLICY & PURPOSE: 722.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to investigate motor vehicle accidents involving serious injuries or fatalities. Members of the department shall respond to such accidents in an expedient and prudent manner; provide emergency medical assistance; protect the accident scene; notify the Traffic Homicide Unit when warranted; and conduct on scene and follow-up investigations in accordance with the procedures outlined herein. 722.1.2 PURPOSE: To provide a uniform and efficient method for the initial responding officer, and subsequently, the Traffic Homicide Unit, in handling death by automobile investigations in coordination with the Middlesex County Prosecutor's Office Fatal Crash Investigation Unit (FCI) and the Office of the Medical Examiner. 722.2 INVESTIGATIVE PROCEDURES: 722.2.1 INITIAL RESPONSE: If the scene is a death by automobile or extremely serious accident, a member of the Traffic Homicide Unit shall be called to the scene. The first responding officer will assist the Traffic Homicide officer(s). Immediate notification of a single vehicle accident fatality in which it appears that the deceased driver was alone in the vehicle is also required. The Traffic Homicide Unit will respond despite the possibility that there may not initially be indications of other vehicle(s) involvement and/or the potential for criminal involvement. However, the Middlesex County Prosecutor's Office FCI Unit may or may not respond based on their criteria and the information supplied at the time of advisement. (i.e., if there are no indications of other vehicle or criminal involvement, they will not respond). A. SUPERVISORS: A Supervisor shall be dispatched to the scene. Upon arrival, the Supervisor shall take charge of the scene and coordinate the efforts of the responding personnel. He/she shall notify the Patrol Division Commander who in turn may notify the Chief Law Enforcement Officer (CLEO), Deputy Police Director and Police Director. The Supervisor in charge of the accident scene will not leave the scene until the scene has been cleared or until properly relieved by another Supervisor. B. IDENTIFICATION BUREAU: An Identification Bureau Detective shall be dispatched to the scene for the purpose of photographing the scene and providing any additional investigative assistance, if needed and/or the Traffic Homicide Investigators are not available. C. CID: When Traffic Homicide Investigators are not available, the Criminal Investigations Section Detective shall be dispatched to the scene for the purpose of assuming the investigation. D. MIDDLESEX COUNTY FATAL CRASH INVESTIGATION UNIT (FCI): The first responding officer shall contact the dispatcher to advise the Traffic Homicide Unit and the Middlesex County Prosecutor's Office FCI Unit, as soon as the officer realizes by observation and/or circumstances that he/she is responding to a fatal accident or there exists a situation(s) involving serious bodily injury, that is likely to be the imminent cause of death. Immediate notification of a single vehicle accident fatality in which it appears that the deceased was alone in the vehicle is also required. However, there may be no response by the Middlesex County Prosecutor's Office FCI Unit, if there are no indications of other vehicle or criminal involvement. The decision as to whether the Middlesex County FCI Unit will respond to the scene will be based on the information provided to the FCI Unit Duty Officer. Therefore, it is critical that the information provided be as complete and accurate as possible. 1. REQUIREMENT FOR NOTIFICATION: The Middlesex County Prosecutor's Office FCI unit must be notified immediately upon on of the following circumstances: a. All motor vehicle accidents that result in death or serious bodily injury that is likely to be the imminent cause of death. b. Fatal accidents involving a passenger or freight train. c. Industrial accidents resulting in a fatality or serious bodily injury that is likely to be the imminent cause of death that involve a wheeled or tracked vehicles (i.e., elevators, forklifts, farm and construction equipment, etc.). d. Fatal crash involving airplanes, boats, trains and helicopters. 2. PROCEDURE FOR NOTIFICATION: The officer or dispatcher making notification should be prepared to provide the following information or cell phone number from a scene supervisor or advisor who can provide as much of the following information as possible: a. Exact location of the crash; b. Type of accident, e.g., multiple vehicle, single vehicle. Hit-and-run, pedestrian, train, industrial, etc.; c. Number of vehicles involved; d. Number of persons killed and/or seriously injured; e. Nature and extent of the injuries sustained by those individuals involved in the crash; f. If no one has been pronounced dead by the time of notification is made to the Prosecutor’s Office, whether or not it is believed that person(s) have sustained injuries which are so serious that there is likelihood of death; g. A brief synopsis of the crash including whether it is suspected that alcohol, drugs, excessive speed or some other type of reckless conduct is involved; h. Whether or not the scene has been preserved and secured. 3. RESPONSE POLICY: If the Middlesex County FCI Unit supervisor (or in his absence the Major Crimes Supervisor or his designee) determines that there is no potential for criminal charges, The FAI Unit will not respond. The Middlesex County Prosecutor’s Office FCI Unit will respond to the following crashes unless it is determined otherwise determined by the FCI Unit Supervisor or in his absence the Major Crime Supervisor or his designee. a. Multiple vehicle crash resulting in death and/or serious bodily injury that is likely to be the imminent cause of death, in which one or more drivers survive; b. Single vehicle crash in which the driver survives and one or more of the passengers die and/or sustain serious bodily injury that is likely to be the imminent cause of death; c. Fatal crash involving a pedestrian(s). Crash in which a pedestrian(s) suffers serious bodily injury that is likely to be the imminent cause of death; d. All hit-and-run crashes that result in death and/or serious bodily injury that is likely to be the imminent cause of death; e. Fatal/serious injury crash that results from a police pursuit. 4. The Middlesex County FCI Unit will respond to the following crashes on an as needed basis to be determined by the FCI Supervisor or in his absence, the Major Crimes Supervisor or his designee. a. Fatal crash involving a passenger or freight train; b. Fatal crash involving an airplane, helicopter, or boat; c. Industrial accident resulting in death or serious bodily injury that is likely to be the imminent cause of death, that involves a wheeled or tracked vehicle, (i.e., forklifts, elevators, farm and construction equipment, etc.). 722.2.2 PRESERVATION OF THE SCENE: The initial responding officer should preserve the scene as practicably as possible. Emergency medical, rescue, and fire equipment should be parked as closely to the scene as possible, but not directly within it, in order to protect/preserve any evidence. The FCI Unit can be of little or no assistance if the scene is not properly secured. Therefore, it is unlikely that the unit will respond if the scene has not been preserved. A. If it is necessary for rescue or fire personnel to cut, pry or otherwise disturb the scene, notes should be made detailing the alteration of the scene caused by these personnel and their equipment. If possible, the scene and all vehicles involved should be photographed before they are altered in any way. Emergency medical, rescue and fire equipment should be parked as close as possible to the scene, but whenever possible not directly within it, in order to protect any evidence. B. In the event that it becomes necessary to move evidence before it can be measured and photographed, such evidence should be clearly marked and outlined prior to it being disturbed. Whenever practical, the crash scene should be photographed by an officer trained to do so (ID Bureau or Fatal Accident Investigator). C. Witnesses should be located, separated, identified and detained until either the assigned crash investigator or the prosecutor’s investigator has authorized their release. A brief description of what the witness(es) has observed should also be obtained and reported. Formal statements when required should be taped using a full size cassette tape. D. Officers must retain contemporaneous crime scene notes as required. E. A standard NJTR-1 State Crash Investigation Report should be completed, along with any necessary investigative reports. F. The clothes, including shoes, of all fatally and seriously injured pedestrians should be collected as soon as possible and should be collected stored in accordance with SOP 870: Collection and Preservation of Evidence. The clothes and shoes of suspected drivers and passengers should be collected if there is a question as to who was driving. G. The officer will properly receipt any property or valuables released to another person or agency. No property or valuables will be released without permission of the Traffic Homicide Unit and/or the Middlesex County Prosecutor's Office's FCI Unit. H. An investigative hold will be placed on each vehicle involved in the fatal accident and such vehicles will be properly impounded to permit a more thorough examination at a later date. 722.2.3 VEHICLE IMPOUNDMENT: Prior to a vehicle being released to a tow company or vehicle owner, the Fatal Accident Investigator will be consulted concerning the need to impound the vehicle for evidentiary purposes. A. If the Middlesex County Prosecutor’s Office responds to the scene, the county investigator will confer with the Woodbridge Township officers in determining which law enforcement agency will impound the vehicle and the location of the impound. B. Generally, if criminal charges are going to be initiated by or at the direction of the Middlesex County Prosecutor’s Office, or it is determined by the Middlesex County Prosecutor’s Office investigator that the vehicle needs to be impounded into a secure/protective environment for further/future investigation and/or for evidentiary purposes, the Middlesex County Prosecutor’s Office will be responsible for impounding the vehicle. The towing company contracted by the Middlesex County Prosecutor’s Office will be the sole tow service authorized to tow and/or impound the vehicle. C. If the Middlesex County Prosecutor’s Office investigator determines that there is no need to impound the vehicle into a secure/protective environment, the Middlesex County Prosecutor’s Office investigator will release the towing responsibility to the Woodbridge Township Police Department who will contact a contracted towing agency or release the vehicle to the owner. 722.2.3 PRONOUNCEMENT OF DEATH: Only a Registered Nurse, Licensed Paramedic or Licensed Physician can, under state law, make a pronouncement of death. Some Medical Examiners Office Investigators hold one or more of the above licenses and will make pronouncements at the scene under those licenses. In a case involving obvious death (e.g., decapitation, dismemberment, etc.) it is the responsibility of the local police department to have the victim(s) pronounced dead at the scene. A. When such a pronouncement is made at the accident scene, the following information should be noted by the first responding officer: 1. Name, title, and affiliation of the person making the pronouncement. 2. Date and time of death. B. If death is declared through telemetry, the first responding officer should note: 1. The name, title, and affiliation of the paramedical person, as well as that of the pronouncing physician and hospital. 2. Date and time of death. C. If emergency treatment is discontinued at the scene, the investigating officer should note: 1. Name, title and affiliation of the emergency medical person in charge. 2. Date and time such treatment was discontinued, which later will be certified as the official time of death. D. If the person(s) involved in the accident is pronounced dead at the scene of the accident, the Middlesex County Medical Examiner's Office must be notified by telephone. The Duty M.E. will then arrange with the local police department to obtain the necessary information and a Morgue Keeper will be dispatched for removal of a body from the scene. Once death has been pronounced, only a morgue keeper may make a removal. E. The first responding officer will note the exact location and condition of the body(s) so details may be included in the investigation report and diagram. F. Officers will attempt to have the body(s) identified. If identification involves handling personal property or valuables, it should be done in the presence of a witness(es), and those witness(es) identified in the written report. G. The body(s) will not be released until proper notification is made to the next of kin or where this is not possible, positive identification through the use of dental records, fingerprints or other acceptable methods. Follow-up duties of the Traffic Homicide Unit or C.I.S. Detective (if involved) will include the prompt notification of the next of kin. H. Those investigative duties directly related to the body(s) should be conducted with early priority to facilitate early removal of the body(s) to the proper facility. 722.2.4 ALCOHOL RELATED DEATH: In accordance with New Jersey Alcohol Treatment and Rehabilitation Act (N.J.S.A. 26:2B-24, 26:2B-26 and 26:2B-29), automobile drivers and pedestrians who die as a result of a fatal motor vehicle accident and drivers who survive these accidents, must within four (4) hours of a traffic accident submit to the taking of a blood sample. If the surviving driver(s) refuse, a Court Order should be obtained from a Superior Court Judge. A. IF PROBABLE CAUSE EXISTS: 1. Arrest the driver at the scene in compliance with RS 39:4-50. 2. Blood samples must be taken from the driver. Should the driver refuse to provide a sample, the Middlesex County Prosecutor's Office On-Call Assistant Prosecutor shall be contacted to make appropriate application for a Court Order directing him/her to submit to the withdrawal of blood samples. Blood is the only acceptable test. A Breathalyzer test is not acceptable when dealing with a fatal or serious accident that may culminate in a criminal prosecution. 3. Document probable cause. Both “Drinking and Driving” and “Alcohol Influence” reports should be completed. If the defendant is videotaped/recorded, the videotape/recording must be preserved and retained in evidence. 4. If the hospital staff refuses to draw blood, the Middlesex County FAI Unit will assist in making appropriate application necessary to obtain a Court Order. 5. A fatal or serious crash in and of itself does not constitute probable cause for the taking of a blood sample. B. WHEN SUFFICIENT PROBABLE CAUSE DOES NOT EXIST: 1. Attempt to have the driver voluntarily submit to having a blood sample drawn 2. Obtain a written consent using a standard consent form. The subject must be advised that s/he has a right to refuse to provide samples. C. EVIDENCE COLLECTION BLOOD KITS: 1. With the exception of JFK Hospital, area hospitals have been issued forensic blood collection kits for these purposes. 2. Observe proper evidence procedures and chain of custody in accordance with SOP 870: Collection and Preservation of Evidence and SOP 712: Driving While Intoxicated 722.2.5 COMMERCIAL VEHICLE INVOLVED: During investigation of a death by auto accident involving commercial motor vehicles weighing over 7,000 pounds gross weight, the Division of State Police, Road Inspection Unit, should be contacted and the I.C.C. Inspection Team summoned immediately to inspect the vehicle. If the Inspection Team cannot respond to the scene, the commercial vehicle will be impounded and secured at a location, determined by the Traffic Homicide Unit or the Middlesex County Prosecutor’s Office FCI Unit, until the arrival of the Inspection Team. 722.2.6 AUTOPSY: In all instances where the Medical Examiner is required to conduct a postmortem examination of an individual whose death resulted from circumstances of a motor vehicle accident, that examination shall be attended by a member of the Identification Bureau. The Identification Bureau Detective shall photograph all required images necessary for the investigation. Members of the police department's Traffic Homicide Unit, Criminal Investigations Section (if involved) and the Middlesex County Prosecutors Office FCI Unit may also provide personnel as needed, to attend the postmortem examinations conducted in relation to a fatal accident investigation, as dictated by the case/investigation. A. ORGAN DONATION: In 1980, the New Jersey Medical Examiner and the Prosecutors' Association created a series of guidelines concerning the donation of the decedent's organs in cases where death resulted from a suspected homicide. All requests for organ donations or transplants shall be referred to the Middlesex County Prosecutor's Office for action. 722.2.7 MEDIA: It is the policy of the Middlesex County Prosecutor's Office FCI Unit to coordinate the release of information with the local police departments before releasing it to the media. A. INFORMATION WHICH MAY BE RELEASED: The following information may be released jointly: 1. The date, time and location of accident. 2. The name of the deceased (only after notification of the next of kin), plus the names, ages and addresses of any other person involved in the accident. 3. Criminal or motor vehicle charges filed, if any. 4. A general description of how the accident occurred without detailing evidentiary specifics, such as blood alcohol levels, breathalyzer readings, etc. B. PHOTOGRAPHS: Media photographers should not be prevented from taking pictures of the scene, but they should not be allowed within the confines of an accident scene and they should not be allowed to interfere with the police investigation in any way. 722.2.8 NEXT OF KIN INFORMATION: A. In the event notification needs to be made to next of kin, Policy 656: Emergency Messages should be followed. B. Woodbridge Township Police Department Traffic Homicide Unit or the Criminal Investigations Section Detective (if involved) shall make notifications to the next of kin, according to agency policy concerning same. The name, address, and telephone number of the next of kin of the victim(s) as well as the date and time of the notification and the notifying individual. The Middlesex County Prosecutor's Office FCI Unit has personnel who will provide follow-up contact(s) in accordance with Victim\Witness provisions. C. When Woodbridge Township Police Officers enter an outside jurisdiction in order to make a next of kin notification, the outside police agency in which the notification is being made will be contacted and advised of the presence and purpose of our officers within their jurisdiction prior to the arrival of the Woodbridge Police Officers at the location of the next of kin. 722.2.9 DISPATCHER RESPONSIBILITY: Dispatchers play an important role in the handling of traffic fatalities, from the point of first receiving a call about a serious traffic accident, to the follow up procedures. A. Dispatchers are responsible for the following: 1. Assigning a first responding officer to the scene of the accident. 2. Simultaneously, dispatching the rescue squad and/or a paramedic unit to the scene of the accident. 3. Simultaneously, dispatching the Fire Department to the scene if their services are required and dispatching the Traffic Homicide Officer(s) on duty. 4. Notifying the Traffic Homicide Officer if he/she is not on duty. Then contact shall be made by telephone to his/her residence. 5. Dispatching a Supervisor to the scene of the accident. 6. Contacting the Criminal Investigations Sections' Assignment Sergeant and advising him/her to provide an Identification Bureau Photographer and/or a Detective (if needed) to the scene of the accident. 7. Notifying the Middlesex County Prosecutor's Office FCI Unit duty officer. 8. Contacting the Medical Examiner's Office and advise them of the incident, if necessary. 9. Notifying the On-Duty Shift Commander of the incident. 10. Notifying the Commander of the Radio Patrol Division. The Commander of the Radio Patrol Division may contact the Chief Law Enforcemet Officer (CLEO), Deputy Police Director and Police Director and advise them of the incident, if appropriate. 11. Arranging for the following support services: (If requested) a. Additional police officers for roadway closures and/or crowd control. b. Traffic Maintenance response to provide additional cones, barricades, supplemental lighting equipment, etc. c. Tow trucks / wrecker services. d. Rescue units and/or “roll over” specialty equipment. 12. The dispatcher or Officer making the notifications to the Traffic Homicide Unit, Middlesex County Prosecutor's Office FCI unit or the Commander of the Radio Patrol Division, shall be prepared to provide the following information: (If appropriate) a. The exact location of the accident. b. The type of accident (i.e., multiple vehicle, single vehicle, hit and run, pedestrian, train, industrial, etc.). c. The number of vehicles involved. d. The number of persons seriously injured or killed. e. The nature and extent of injuries sustained by those individuals involved in the accident. f. If no person has been pronounced dead at the time of notification is made, whether or not it is believed that the person(s) have sustained injuries which are so serious that there is a substantial likelihood of death. g. A brief synopsis of the accident including whether it is suspected that alcohol, drugs, excessive speed, or some other type of reckless conduct is involved. h. Whether or not the scene has been preserved and secured. 13. Sending a Teletype to the New Jersey State Police Fatal Accident Unit. (Refer to N.C.I.C. procedures for proper completion of this form.) Forwarding a copy to the first responding officer for inclusion on his/her State Accident Form. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures TRAFFIC ACCIDENT INVESTIGATION AGENCY OWNED VEHICLES Chapter: Volume Seven: Traffic Operations 724 Date(s): Authority Effective: August 7, 1997 Chief Wm. Trenery Revised: March 28, 2012 Director R. Hubner Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: General Order #: 97-012 11-003 File #: 724-971 724-121 724.1 POLICY & PURPOSE: 724.1.1 POLICY: It shall be the policy of the Woodbridge Township Police Department to investigate all police vehicle accidents in a manner to insure the highest degree of uniformity, accuracy, and completeness; and to complete the appropriate accident report form in all such cases. When an accident involves a police department vehicle, the accident investigation will be conducted by the duty Patrol Supervisor. In all cases, an effort will be made to determine contributory factors, if any, on the part of the involved officer(s). When and where necessary, training programs will be implemented to address any factors contributing to the accident on the part of agency employees. 724.1.2 PURPOSE: The purpose of this policy is to instruct officers on the department’s investigative procedures with regard to motor vehicle accidents involving police department vehicles. 724.1.3 DEFINITIONS: A. ACCIDENT: Any motor vehicle related occurrence in a sequence of events which produces unintended injury, death, or property damage. B. POLICE VEHICLE: A police department vehicle operated by agency personnel. C. PREVENTABLE ACCIDENT: An accident that occurs while the vehicle is being operated in a manner inconsistent with state law, municipal ordinance, department policy, or where reasonable action by the officer could have avoided the accident. D. NON-PREVENTABLE ACCIDENT: An accident where the operation of the police vehicle conformed to all state law, municipal ordinance, and department policy, and the operator did everything reasonably expected to avoid the accident. E. ACCIDENT REVIEW BOARD: A body of officers selected by the Police Director to review all pertinent information regarding an accident to determine if the accident was preventable or non preventable. Assignment of an accident investigation to a review board analysis is at the sole discretion of the Police Director, on a case by case basis. 724:2 PROCEDURES: 724.2.1 ACCIDENT INVESTIGATION OF POLICE DEPARTMENT VEHICLES: It shall be the responsibility of the Patrol Supervisor to personally investigate all motor vehicle accident investigations which involve police department vehicles. A. REPORTING REQUIREMENTS: Any time a member of the police department is involved in a motor vehicle accident which involves a police department vehicle, that individual is required to immediately report the incident to the Patrol Supervisor, regardless of the severity of the accident. The Patrol Supervisor shall be responsible for the following: 1. Assuming control over the investigation of all police vehicle accidents. 2. Direct reports to be taken and insure that they are accurate, complete and standardized. 3. Ensure all appropriate data is gathered. 4. In all serious accidents involving fatalities/life threatening injuries, ensure that immediate notification is made to the Division Commander. 5. Ensure that all normal procedures involving fatal/life threatening injury accidents are followed, including notification and utilization of CID/IA investigator, reconstructionist, ID photographer, county prosecutor’s office, etc. B. ACCIDENTS OCCURRING WITHIN WOODBRIDGE TOWNSHIP: All accidents involving police vehicles will be fully investigated and reported on a NJ Motor Vehicle Accident Report form. In addition to this form, the Patrol Supervisor will also submit a detailed report directed to the attention of the Police Director. This supplementary report will include the following information: 1. All circumstances surrounding the motor vehicle accident. 2. Detailed description of the accident, to include the extent of personal injuries, extent of damage to vehicles involved and damage to other property. 3. A full description of the circumstances leading to the accident, and the identification of all major contributing causes to the accident. 4. Whether the operating officer's actions were the cause or contributed to the accident in any way. C. ACCIDENTS OCCURRING OUTSIDE OF WOODBRIDGE TOWNSHIP: Any time a member of this department is involved in a motor vehicle accident where the vehicle is owned by Township, the individual is responsible for reporting the incident. The affected employee will advise the police agency which has jurisdiction over the incident to notify the duty Woodbridge Township Patrol Supervisor. It shall be the responsibility of the Woodbridge Township Patrol Supervisor to take the following action: 1. The matter should be investigated by the agency having jurisdiction over the accident. The Woodbridge Township Patrol Supervisor will be responsible for securing copies of all reports and related documentation to the accident. 2. If practical, the Woodbridge Township Patrol Supervisor should respond to the scene and conduct an independent investigation of the incident. If this is not practical, the Woodbridge Township Patrol Supervisor will be responsible for conducting a follow-up inquiry. 3. The results of the Woodbridge Township Patrol Supervisor’s findings, along with copies of all other relevant materials shall be forwarded to the attention of the Police Director. D. ACCIDENTS INVOLVING SUPERIOR OFFICERS: Where an accident involves a Superior Officer, the involved officer’s Division Commander shall be notified in order to assign investigative responsibility for the accident investigation. 724.2.2 SUBMISSION OF REPORTS TO BUSINESS ADMINISTRATOR’S OFFICE: After the review process, all motor vehicle accident report forms which involve police department vehicles shall be forwarded to the Business Administrator’s Office. Submission of these reports shall not be done prior to review of the Police Director or his designee, however, submission of these reports will be done without any unnecessary delay. 724.2.3 ACCIDENT REVIEW BOARD: The Accident Review Board shall be responsible for reviewing accident investigation reports as assigned by the Police Director to determine if a police department accident was preventable or non-preventable. A. FINDINGS: In all assigned cases, a report of the boards findings will be forwarded to the Police Director. In cases where the accident is determined to have been preventable, the Police Director may require a retraining program aimed at improving the driving skills of the involved officer. Upon completion of the remedial training, if any, a written report will be forwarded to the Police Director by the Division Commander. 724.2.4 DRIVER TRAINING: Training programs shall be established by the Officer in Charge of Training, as necessary. These programs may include in-service training geared toward accident avoidance and reduction. A. OTHER TRAINING: Other training may include recruit training to introduce a new officer to the varied hazards of police driving and the applicable laws, ordinances and policies. Also, post accident remedial training to evaluate the operating skills and correct techniques which are hazardous. Finally, referral training to address the needs of officers where a Supervisor detects a deficiency or need for remedial training. 724.3 VEHICLE & EQUIPMENT DAMAGE: 724.3.1 INSPECTION OF VEHICLES & EQUIPMENT: It is solely the responsibility of each officer who is assigned a patrol vehicle to perform an inspection of the vehicle prior to its use, and to immediately report to the duty Patrol Supervisor any damage to the vehicle, to include any missing, damaged, or malfunctioning equipment. If the officer fails to report such damage or missing equipment, he/she will be held accountable due to the fact that he/she was the last officer to be in possession of the vehicle. 724.3.2 DOCUMENTING DAMAGE TO VEHICLES OR EQUIPMENT: Whenever a Patrol Supervisor is made aware of damage to a vehicle or its associated equipment that was not previously reported, it shall be that supervisor's responsibility to determine if the damage was recently caused, or previously documented. The Patrol Supervisor will conduct an investigation, determining who last had the vehicle, and attempt to determine who may have caused damage to the vehicle or its associated equipment. A. INVESTIGATIVE PROCEDURES: It shall be the responsibility of the Patrol Supervisor to make a determination as whether the damage may have been the result of negligence or carelessness, and file a report to the Radio Patrol Division Commander. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures SCHOOL CROSSING GUARDS Chapter: 730 Volume Seven: Traffic Operations Date(s): Authority General Order #: Effective: Nov. 26, 1997 Chief Wm. Trenery 97-016 Revised: Sept. 28, 2001 Chief Wm. Trenery 01-005 Revised: Sept. 8, 2009 Chief Wm. Trenery 09-005 Revised: 01-12-12 Director R. Hubner 11-003 Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 61.3.5, 61.3.6 File #: 730-971 730-011 730-091 730-121 730.1 POLICY & PURPOSE: 730.1.1 POLICY: It is the policy of the Police Department to select, train and assign Adult School Crossing Guards. The very presence of Adult School Crossing Guards tends to deter unlawful and unsafe acts by pedestrians and motorists. By employing safety procedures, and by exercising due caution, crossing guards can help to instill in roadway users desirable practices which can in time become habits. In the course of their regular assignments, crossing guards may provide other valuable assistance to the community; i.e., reporting information which may be helpful in apprehending a hit and run driver or a suspicious person and/or vehicle, giving information to the public, or calling the police in some emergency. 730.1.2 PURPOSE: The purpose of this policy is to explain and organize the basic responsibilities and tasks required of adult, non-sworn School Crossing guards; to aid the Police Department in the selection of qualified persons for School Crossing Guards; to Guide the Police Department in establishing training programs for guards to comply with the law; and to provide the guidelines set for crossing guards in their duties, responsibilities and tasks 730.1.3 DEFINITION: A. SCHOOL CROSSING GUARD: As used in this order, an "Adult School Crossing Guard" is any adult civilian, who was selected, trained and is supervised by the department and who is assigned to supervise the safe crossing of pedestrians. Guards are appointed one week prior to the first day of school, as designated by the Board of Education, for one hundred and eighty day school calendar. Upon completion of the school year, all guards are laid off in accordance with New Jersey Civil Service Commission Regulations. 730.2 GENERAL GUIDELINES 730.2.1 SCHOOL CROSSING GUARD MISSION: The mission of the Adult School Crossing Guards is to oversee the street crossing of school children at designated crossing points, usually at crossing points which are established by survey, law or regulation. A. GOALS: The mission is accomplished by the following: 1. Encouraging patterns of proper crossing behavior by school children. 2. Deterring school children from committing unsafe and unlawful acts. 3. Informing motorists, by the appropriate signals, that school children are using, or about to use, the crossing. 4. Observing and reporting incidents and/or conditions that present a potential hazard to the children's or crossing guard's safety, to their supervisor. B. SELECTION CRITERIA AND TRAINING: 1. Each prospective crossing guard will be required to take a basic medical examination. 2. A complete background investigation will be required for all applicants of a school crossing guard position. 3. Candidates should understand and like children so they can get to know them and gain their confidence and respect. 4. All school crossing guards shall be trained in the skills that they need to perform their job before being assigned to actual duty. Crossing guard training shall consist of : a. A minimum of two (2) hours of classroom instruction; b. Twenty (20) hours of instruction in the field at an intersection with/without children present; c. Crossing guards must pass all phases of an evaluation test before leaving the in-the-field training portion of the training course. d. If there are items that still need work after the first test, training should be continued for an additional twenty (20) hours. If the second test is not passed, the candidate will be dismissed. e. When a guard is moved to a new post, on-site familiarization for two (2) days (minimum of six hours) shall be given at the new post. This shall be done by an experienced school crossing guard who is familiar with the particular post. 5. Prior to each school year all crossing guards will attend an annual orientation/training meeting conducted by the Traffic Safety Coordinator. C. AUTHORITY & RESPONSIBILITIES: A guard's first concern is the safety of the students under his or her supervision. They must remind children of proper crossing techniques by using the proper search pattern of looking left-right-left and over their shoulder for turning traffic. A guard's primary duty is to use gaps, and where necessary, create gaps in traffic to help students cross the street safely. It is not to expedite the flow of motor vehicle traffic. 1. A guard is responsible for projecting a positive public image and serving as a positive role model for children. 2. Guards are responsible for arriving promptly at their assigned post each day, and remaining at their post throughout their shift. Guards should arrive at their post no earlier than 5 minutes before posted time and should remain at their post no later than 5 minutes after their posted time. 3. Traffic Safety Officers and Crossing Guards who are using a sick day must report the absence to the Traffic Safety Coordinator no later that 6:30 am. Traffic Safety Officers and Crossing Guards must also report to the Traffic Safety Coordinator that they are returning to work no later than 6:30am. In the event that they can not reach the Traffic Safety Coordinator they shall contact the police dispatch and report their post times to the call taker. 4. Any injury sustained by a school crossing guard while on duty must be reported immediately to their supervisor. 5. The "public image" created by guards shall be an exemplary one. Guards shall be on time and appear neat. Guards shall not sit in their cars, do personal business or use tobacco in any form while on duty. They shall not patronize liquor establishments or engage in any other actions that would reflect badly on the professional image of the school crossing guard while on duty or in uniform. 6. If the guard must use a personal vehicle, it shall be legally parked. 7. The guard shall not sit down while children are present. Sitting down would block the peripheral view of the guard and give the public a poor impression of the guard. The guard also needs to be ready to act quickly in case of any unexpected event. 8. The guard shall not use foul language or conduct activities inappropriate to their position while on duty. 9. The guard shall not use radios or headphones (other than two-way communication radios) nor read books, magazines, newspapers, or any other material. He or she needs to focus full attention on the job at hand. 10. The use of a cellular phone is prohibited except for calling the police department for assistance or 911 in the event of an emergency. 11. Guards shall not respond to requests or directives by school personnel, either to change or add to their duties. All requests or directives shall come from the Traffic Safety Coordinator. 12. The guard shall be informed by their immediate supervisor of any school schedule changes and/or special school functions which would affect their work schedule. 13. The guard shall report to their immediate supervisor any unusual situations which are brought to their attention. Examples are irresponsible motorists, adults harassing students or students harassing other students. D. UNIFORMS: Before being assigned to any post, school crossing guards shall be required to wear a uniform or use the following uniform items if issued by the department. Said uniform shall identify their function and shall be distinct from the uniform of a regular sworn officer. 1. ANSI Class 2 Public Safety Police Vest (Reflective Safety Green vest); 2. Fluorescent/retro-reflective safety green gloves; 3. STOP Paddle 4. Whistle; 5. Uniform crossing guard jacket (safety green) with patch worn on the sleeves, with breast badge. 6. Navy blue or black uniform slacks or skirts; 7. Safety green raincoat and/or wind breaker. 8. 8-point, “WAVE” style or baseball style hat with badge. 730.3 PROCEDURES: 730.3.1 TRAFFIC REGULATIONS: Guards shall maintain familiarization with local traffic regulations, especially those pertaining to motorist, bicyclist and pedestrian responsibilities in relation to school crossings, parking and yielding rights-of-way. The guard shall report missing, damaged or inadequate signs and markings to their supervisor. A. GENERAL REQUIREMENTS: To work effectively at school crossings, the guards shall understand the principles behind the use of traffic control devices, i.e., stop signs, signalization for motor vehicles and pedestrians, channelization and street markings. Guards should not be expected to become experts on signal timing or traffic engineering. However their understanding of how these aids are used will enable them to recognize patterns and irregularities in the devices that could result in poor conditions for crossing the students. Guards shall specifically know the meaning of the WALK, FLASHING DON'T WALK, and SOLID DON'T WALK phases of the pedestrian crossing signal. B. TRAFFIC HAZARD IDENTIFICATION: Obstructions and unusual circumstances can lead to high-risk vehicle/pedestrian conflicts. Inoperative or missing traffic control devices, roadway or sidewalk construction hazards, sight obstructions and other conditions such as recurring standing water or mud in the pedestrian's path may cause them to detour into the vehicular right- of-way. The guard shall report all dangerous conditions to their supervisor as soon as possible. The supervisor shall follow established procedure in reporting these conditions. Other responsibilities are as follows. 1. If it is not possible for the guard to report dangerous conditions prior to their shift, the guard shall work around them in the safest way possible. 2. If a traffic signal is not functioning, the guard shall call 911 to obtain police assistance in directing traffic. 3. Guards shall also take precautions to park their own vehicles so they do not obstruct visibility for approaching cars or students. C. VEHICLE IDENTIFICATION: It is sometimes necessary for crossing guards to be able to adequately describe and identify a vehicle which is endangering the safety of the students. 1. Guards shall be instructed on how to identify vehicles by: a. body style, color, size model of car; b. license plate number; c. features of driver; d. time and day of incident; 2. If an emergency is occurring have multiple motorists call 911; a. Keep small note pad and pencil in shirt pocket for quick access; b. Report incident/information to your supervisor. c. This information shall be turned over to the supervisor, who can take appropriate follow-up actions. D. EMERGENCY PROCEDURES: 1. Guards should not leave their post. 2. They should ask more than one bystander to call 911 for emergency help. 3. Guards are reminded that emergency vehicles responding with lights and siren the right of way. 4. The guard shall not attempt to do anything he or she is not trained or equipped to do. 5. Guards should take care not to come in contact with any blood. There are specific diseases that transmitted through blood, known as "Blood borne"(HIV and Hepatitis B). There are also diseases that can be transmitted through air which are called "Airborne" (Tuberculosis or TB). It is important that crossing guards NOT attempt to provide First-Aid without proper training. 730.3.2 BAD WEATHER: Rain, thunder, lightning, hail and other extreme weather conditions have a direct effect on safe street crossing. Vehicle traction, stopping distance and the motorist's ability to see, are adversely affected by bad weather. Visibility and traction are also problems for the adult guard and students. Increased alertness and caution are necessary. Guards shall not use umbrellas or other devices that would impede their ability to use their hands or impede their hearing or vision. Any raincoats used must be covered by a fluorescent/ retro-reflective vest. 730.3.3 PROPER SIGNALING CONSIDERATIONS: A. APPROPRIATE SIGNALS FOR PEDESTRIANS: 1. A signal to pedestrians shall be verbal and with hand signals. 2. Be sure to establish clear eye contact with pedestrians when you are signaling them so that motorists will not think you are signaling them. 3. For those students that may be hearing impaired, or can not hear due to interference of traffic noise or do not speak the same language as the crossing guard, use eye contact, hand signals, a smile in their direction and a nod of the head along with a verbal command. 4. The guard shall be continually alert for pedestrians who may not follow his/her signals. The guard shall not assume that all students will cross properly. When a student is causing or involved in a dangerous situation, the guard shall verbally alert the student. If the student doesn't respond, the guard shall take the student's name and report the incident to their supervisor. B. APPROPRIATE SIGNALS FOR ALERTING TRAFFIC: 1. The guard needs to be highly visible to the motorist. 2. Clear and precise signals and gestures are essential. To help with this, the guard shall be positioned at the edge of the crosswalk nearest the center of the intersection. 3. The guard can use clearly delivered hand signals to alert traffic to their presence. 4. The signal for alerting and stopping traffic is to raise the stop paddle, pointing at the motorist to attract his/her attention. The guard will then raise his arm so that it is perpendicular to the ground with palm out facing the motorist, accentuating your message to “stop”. 5. The guard shall be continually alert for motorists who may not follow his/her signals. The guard shall not assume that all cars will stop or remain stopped. Do not allow any cars to cross the crosswalk while you are crossing the students. 6. When a motorist is causing a dangerous situation the guard shall sound one long blast on the whistle toward the offending motorist, keeping your arms positioned as noted in number 4 above. To indicate to the motorist it is clear to proceed, the guards shall sound two short blasts on the whistle, and move his/her arm in a circular motion in the direction of travel that is safe to proceed in. If the motorist doesn't respond, the guard shall take the motorist's license number and report it to their supervisor. C. UNSIGNALIZED, DIVIDED HIGHWAYS: 1. The guard shall follow the steps listed below: a. Stand on curb or edge of roadway on the side of the street where students are approaching. If possible, wait until a small group of students has assembled. Students are to wait at least one step back from the curb or roadway edge. Instruct the students not to move until you give them a signal and they have completed their own search. Instruct students to walk their bicycles or scooters, and carry skates or skateboards. b. Enter the street according to the following sequence: c. Wait for a gap in traffic on your side of the street. d. Face closest oncoming traffic. e. Alert oncoming traffic, using your whistle and your stop paddle. Where there are more than two lanes, enter the street and alert the traffic one lane at a time if traffic conditions require this. f. When safe to do so, step off curb or leave roadway edge. g. After traffic stops, walk to the center of the street and stand at the edge of the crosswalk nearest the center of the intersection. h. Face opposite approaching traffic, if any. Alert opposite approaching traffic as described above. i. Confirm that all traffic has stopped, including any turning vehicles. Do not allow any cars to cross the crosswalk until you are finished crossing the students. j. Face intersection on the crosswalk line nearest to the center of the street. k. Turn your head toward students and verbally signal them to begin their search pattern (left, right, left and over their shoulder for turning traffic) and proceed when it is safe to do so. After searching, students shall proceed within the marked crosswalk. Students shall not be allowed to run, ride their bikes, skates, scooters or skateboards across the street. l. Wait until the last student of the released group has reached the opposite curb or roadway edge. m. Walk back to the roadway edge or curb, lower your hand(s) and allow traffic to resume. n. Remain on the curb for next group of students to assemble. D. HEAVY TRAFFIC PROCEDURE: When unusually heavy traffic situations exist, the guard shall inform their immediate supervisor so a traffic study can be performed to determine if additions or changes to the existing traffic control devices or additional guards are necessary. E. SIGNALIZED INTERSECTIONS: 1. Stand on sidewalk or on the side of street from which students will cross. 2. As students gather, push walk button (if available). 3. Instruct students to wait one step back from the curb or roadway edge until you give them the signal to begin the crossing process. 4. After you have completed your search and determined that it is safe to do so, enter street with "fresh" green or "WALK" signal. Face intersection on the crosswalk line nearest to the center of the street. 5. Alert oncoming traffic as described above. Alert attention of motorists maneuvering to make right or left turns. Do not allow any cars to cross the crosswalk until you are finished crossing the students. 6. When the traffic stops, verbally signal the students to begin their search (left, right, left and over their shoulder for turning traffic) and cross when safe. Instruct the students to continue walking if the signal changes to flashing "Don't Walk". 7. Wait until students have finished crossing the road. 8. Return to edge of the road, lower your stop paddle and allow traffic to resume. 730.4 SCHOOL CROSSING GUARD LOCATION: 730.4.1 REQUESTS: Requests for additional school crossing guard posts should be directed to the Traffic Safety Coordinator assigned to the Operations and Planning Division. He shall evaluate the request, and if he judges the new position to be warranted, he should write a report to the Police Director, as the township must approve funds for each new position. A. CRITERIA: The criteria for determining the crossing guard location include an analysis of the following: 1. Number of children; 2. Age of children; 3. Design of intersection; 4. Type of traffic control; 5. Amount of traffic; 6. Accident history; 7. Possibility of alternative route through presently protected area. 730.4.2 ANNUAL ANALYSIS: During the month of July of each year, the Traffic Safety Bureau shall cause a survey to be conducted of all school crossing guard locations and all elementary schools within the Township. A. ELEMENTS: 1. Are children taking the safety routes to school? 2. Are there any traffic hazards along the routes or at the guarded crossings? 3. Are the crossing properly posted, signed, and marked? 4. Are there any special concerns of school officials? 730.4.3 CHAIN OF COMMAND: The school crossing guards will report directly to the Traffic Safety Coordinator who is assigned to the Operations and Planning Division. The Traffic Safety Coordinator will be responsible for training of the guards, and will also provide documentation and oversee the appointment process. 730.5 SCHOOL SAFETY PATROL 730.5.1 ASSISTING SCHOOL AUTHORITIES: If any schools within the jurisdiction of the Township have a school safety patrol, then during the month of September of each year, the School Safety Patrol Liaison Officer should extend an offer of assistance to every elementary school within the city to instruct their student safety patrol programs. The Department shall make it clear to each school administration that student patrols should not be involved with the direction of vehicular traffic. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures TRAFFIC DIRECTION & CONTROL Chapter: 732 Volume Seven: Traffic Operations Date(s): Authority General Order #: Effective: Nov. 27, 1997 Chief Wm. Trenery 97-016 Revised: Feb. 21, 2012 Director R. Hubner 11-003 Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 61.3.1, 61.3.2 File #: 732-971 732-121 732.1 POLICY & PURPOSE: 732.1.1 POLICY: The Woodbridge Township Police Department will maintain a close working relationship with state and local traffic engineering authorities for the purposes of planning and implementation of traffic direction and control services within the Township of Woodbridge. This policy will provide guidelines for those activities undertaken by the agency that directly affects the movement and control of such vehicles and pedestrians. 732.1.2 PURPOSE: The purpose of this policy is to ensure the safe and efficient movement of vehicles and pedestrians throughout the Township of Woodbridge, as well as to provide for the proper training of personnel in regards to the safe and effective control of traffic within the municipality. This policy is also designed to govern the activities that directly affect the movement and safe control of vehicles and pedestrians within the Township of Woodbridge. 732.1.3 DEFINITIONS: A. Point Traffic Control The control of vehicular and pedestrian movement at a particular place on a roadway, such as an intersection. B. Traffic Control Device All signs, signals, markings and devices placed on, over, or adjacent to a street or highway by authority of a public body or official having jurisdiction to regulate, warn, or guide traffic. C. Traffic Control Signal Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. D. Traffic Engineering Authorities Persons responsible for traffic engineering in various local, regional, and state agencies i.e. Department of Transportation. E. Traffic Survey An examination of traffic characteristics such as; volume, speed, accidents, etc. 732.2 TRAFFIC ENGINEERING: 732.2.1 GENERAL GUIDELINES: The Office in Charge of Traffic Safety is charged with the responsibility of ensuring assigned Traffic Safety personnel investigate all traffic safety complaints, all requests for signs, signals, speed reduction, and any other traffic safety related requests, and to make recommendations on same. The Police Director, in his capacity as the agency head, shall retain the final approval of the need for all signs and signals, etc., on all local roadways. The assigned departmental Traffic Safety Officer shall act as liaison with the State Department of Transportation and County Engineering Department to determine the need for signs and signals, etc., on all county and state highways within the Township of Woodbridge. The approval of traffic control signs or signals will follow the standards set forth in the United States Department of Transportation text entitled, Manual on Uniform Traffic Control Devices, as well as the regulations of the State of New Jersey Department of Transportation. A. SURVEYS: A Traffic Safety Officer shall be assigned to conduct appropriate traffic safety surveys on municipal highways located within the Township utilizing visual observation, traffic classifier/counter devices, or both. Such surveys shall be for the purpose of providing data to be utilized for recommendations regarding the safe and expeditious movement of vehicles and pedestrians; and to analyze alternatives to traffic control, such as traffic control devices. All decisions regarding locations identified, as a result of such traffic surveys should consider the following variables: 1. Traffic accident and enforcement data 2. Traffic volume and speed 3. Number of pedestrians present 4. Duration of any special congestion periods 5. The presence or absence of traffic control devices 6. New or revised laws and ordinances 7. New construction (commercial, industrial and residential) 8. Highway and other engineering improvements B. SPECIAL REPORTS: Upon final approval by the Police Director, special reports completed by the Traffic Safety Officer shall be forwarded to the appropriate authority concerning recommendations related to all signs, signals, speed reductions, etc. These reports should contain appropriate information and sources as specified in the aforementioned paragraph. Upon the approval of the appropriate authority, the Traffic Safety Officer shall arrange for the timely installation of any signs, signals, or devices, etc., related to the traffic safety improvement. C. LOCAL AND REGIONAL TRANSPORTATION SYSTEM MANAGEMENT PLANNING COMMITTEES: When there exists local or regional transportation system management planning committees, this agency will be represented at meetings of same by a member of Traffic Safety. D. DATA SHARING: Data from accident reports and other enforcement activity provides valuable information for traffic engineering. Data from the accident reports are compiled and tabulated by the Division of Motor Vehicles. This agency will provide its traffic accident and enforcement data to those agencies as required by directive, as follows: 1. Reportable Accident Reports: Copies of all "reportable accidents" are forwarded to the New Jersey Division of Motor Vehicles, Bureau of Driver Control within 5 days of occurrence. 2. Fatal Accidents: A copy of the report of any fatal collision will be submitted to the following agencies within 72 hours of the initial report: a. Fatal Accident Review Unit, Suspensions and Restorations, Division of Motor Vehicles b. Middlesex County Prosecutor’s Office. c. In addition, a teletype following the prescribed format will be transmitted to the New Jersey State Police Fatal Accident Unit. 3. Other Data Sharing: Accident data, traffic surveys and enforcement information will be shared with state, county, and local agencies as requested to assist in engineering studies. Traffic surveys as requested will be conducted by Traffic Safety on specific projects in the Township. 732.3 TRAFFIC CONTROL: 732.3.1 POINT TRAFFIC CONTROL: Based upon traffic surveys, the Officer in Charge of Traffic Safety shall make recommendations that specify the assignment locations, reasons, and times for point traffic control posts. A memorandum shall be issued to the appropriate patrol personnel who will institute the particular assignment(s). Officers shall employ those techniques for point traffic control as set forth in agency policy and as trained in the Basic Police Course for Traffic Direction and Control. A. CRITERIA FOR POINT TRAFFIC CONTROL: 1. Traffic volume and speed during certain times of day. 2. Short duration of need for traffic control. 3. Safety considerations for pedestrian and vehicular traffic. 4. Installation of an electronic traffic signal is considered impractical based on need. 5. Duration of congestion periods. 732.3.2 REFLECTORIZED OUTER GARMENT: Any personnel directing traffic, or who are in the roadway controlling traffic, shall wear reflectorized clothing or a traffic safety vest at all times. 732.3.3 UNIFORM HAND GESTURES AND SIGNALS FOR MANUAL TRAFFIC CONTROL: To eliminate potential confusion on the part of the public, manual direction of traffic flow will employ hand and whistle signals that are consistent with accepted hand/arm signals taught in the Basic Police Course of Instruction. Officers shall stand in such a location where motorists and pedestrians can see the officer clearly and with sufficient sight distance to allow for a safe and effective stopping of traffic. Officers shall stand straight, with their body weight equally distributed. When not signaling, officer’s hands shall be at their sides. Officers shall stand with their side toward oncoming vehicles. A. TO STOP TRAFFIC: Officers will point at the driver to get the motorists attention. The officer will extend their arm(s) toward flowing traffic with palms turned toward traffic to be stopped. In addition to hand/arm signals, the officer is encouraged to use the whistle to assure drivers' attention. B. TO START STOPPED TRAFFIC: Officers will point at the driver to get his/her attention and with arm(s) outstretched in the stopped position, the officer will start traffic by moving the arm at the elbow, moving the arm from the elbow to wrist parallel to ground, indicating to traffic to proceed. Whistle use is encouraged to draw drivers' attention. C. RIGHT OR LEFT TURN: To signal a driver to make a right or left turn, the officer will again point at the driver to get his or her attention. To indicate to the driver that they are permitted to make the turn, the officer will move the appropriate arm in the direction of the turn in much the same manner as the signal to start stopped traffic, completing the motion in the direction of the turn. D. USE OF A WHISTLE: Whistles are to be used in conjunction with a hand signal. Officers shall blow the whistle loud enough to be heard over traffic. 1. One long blast is to signal stop. 2. Two short blasts are to signal go. 3. Several short blasts are to signal attention, i.e., a motorist who committed a violation but drove past the officer, a motorist who is illegally parking, or a motorist or pedestrian not responding to a signal. E. USE OF A FLASHLIGHT: The illuminated baton and flashlight is to be used mainly at night. All moves should be exaggerated so they can be seen. 1. To stop a vehicle, officers shall hold the flashlight in a vertical position in front of the officer, swinging the baton in an arc in front of the officer. 2. To start traffic, the officer shall swing the baton an arc in the direction of travel. 3. For turns, officers shall swing the baton in the direction of the turn. 732.3.4 TRAFFIC CONTROL AT THE SCENE OF FIRES: As necessary, officer(s) shall be assigned to direct and control traffic in and around the scene of the fire. The Patrol Supervisor shall set up traffic posts as necessary in order to keep non-fire personnel/non-medical personnel from encroaching on the scene. The Patrol Supervisor should consult with the Fire Department O.I.C. to coordinate the efforts of the two agencies. Officers assigned to traffic posts will divert nonessential traffic/pedestrians from approaching the scene. This duty involves the blocking off of streets a sufficient distance from the scene to allow firefighters to move freely about in order to perform their duties with maximum efficiency. Firefighters shall be allowed access in their personal vehicles, but shall be directed to park said vehicles in a manner as to not obstruct fire-fighter/rescue apparatus. A. PATROL VEHICLES: All officers responding to a fire scene shall park their vehicles in such a manner so as not to become blocked in at the scene, in the event they need to be diverted elsewhere. 732.3.5 TRAFFIC CONTROL DURING ADVERSE ROAD & WEATHER CONDITIONS: While directing traffic during adverse weather conditions, all police vehicles shall be parked in a safe area, and if used for traffic control, their overhead emergency lights as well as flashers will be in operation. During foul weather, all officers should utilize high visibility type rain gear for safety. Requests for assistance from the Fire Department and utility companies should be made as soon as possible. If necessary, the use of temporary traffic control devices should be considered. Any temporary traffic control device should be utilized as outlined within this policy. A. HAZARDOUS ROAD CONDITIONS: Adverse road and weather conditions may include, but are not necessarily limited to, debris in the roadway from a vehicle, trees/limbs, acts of nature, such as fog, snow, ice on roadway; and engineering hazards, roadway undermining or cave-ins and construction zone hazards that might cause damage or injury. Upon discovering an adverse road or weather condition, department personnel shall notify the Communications Officer, who in turn will notify the appropriate agency and/or person for the purpose of correcting the condition. 1. Officers will provide traffic control services and scene protection in the vicinity of adverse road and weather conditions, as appropriate. 2. Officers are responsible for reporting any hazardous road conditions, and take corrective action until the hazard has been rectified. 732.3.6 MANUAL OPERATION OF TRAFFIC CONTROL DEVICES: Manual operation of traffic control signal lights will only be done with the approval of a supervisor. The supervisor will ensure that any traffic light control device that was placed in manual operation, unless awaiting authorized repair, be returned to normal operation as soon as practical. A. Manual operation of traffic control signal lights, normally either to attempt to recycle a signal light or to place the signal lights on flash or blink will only be considered in the following situations: 1. When traffic lights malfunction; 2. To facilitate movement at traffic accidents or other emergencies; to provide a thoroughfare for a motorcade or funeral procession; 3. To alleviate congestion resulting from use of automatic controls particularly during planned, special events. B. Officers will utilize the manual control features located within the Traffic Control Box. If the traffic signal cannot be restored to its proper cycling sequence, an attempt should be made to put the light into a "Flash" mode. 1. Officers will not leave a location until the problem has been rectified, or the patrol supervisor has directed the officer to take some other action (i.e., point traffic control). 2. Officers must be aware of the traffic pattern in the intersection and carefully regulate the signal to give motorists opportunity to react to changing signals. When the signal is cycling in the automatic mode, the officer will check the signal for proper operation before leaving the post. 732.3.7 USE OF TEMPORARY TRAFFIC CONTROL DEVICES: Temporary traffic control devices include movable barriers, traffic cones, portable signs, and other apparatus intended for temporary deployment to assist the safe and efficient movement and control of vehicular and pedestrian traffic. They are utilized for channeling of traffic patterns, i.e., construction, roadblocks, special enforcement programs, detours; to warning traffic of impending hazards in the roadway; and for limited visibility due to limited lighting or other view obstructions. Temporary traffic control devices may be deployed in support of traffic direction and control activities only with specific prior approval of supervisory personnel. As soon as practicable, following termination of the need for the temporary traffic control device, the supervisor authorizing deployment of the devices will see to its removal/deactivation. A. PLACEMENT: Temporary Traffic Control Devices should be placed in such a manner to adequately warrant approaching traffic of the pending traffic hazard or condition. Officers should avoid the placement of devices in the roadway where their is limited sight distance. Vehicles must have enough sight distance to see the devices in order to effectively, and safely, slow or stop their vehicles. Sight/stopping distance could be affected by the following 1. Speed Limit. 2. Weather (fog, rain). 3. Topography (hills, curves) 4. Other conditions such as smoke from fires, etc. B. USE OF FLARES: Officers may utilize flares for the sole purpose of identifying highway hazard conditions, to include such hazards as disabled vehicles, motor vehicle accidents, roadblock scenes, obstructions in the roadway, etc. Flares must be handled properly or they may pose o a risk of serious injury to the officer and others. Flares should be used as follows. 1. Expose the “scratch” surface located beneath the tape cover on the cap top by pulling up on the black tape. 2. Remove the cap by twisting and pulling the cap from the highway flare. 3. Hold the flare near its base and rub the “scratch” surface of the cap against the exposed chemical surface of the flare. 4. ALWAYS POINT THE FLARE AWAY FORM YOUR FACE AND BODY WHILE IGNITING AND AFTER IGNITION. 5. Situate the flare on the ground by spreading the wire legs away from the body of the flare. Set the wire legs down so that the flare is approximately at a 45 degree angle to the roadway. 6. Extinguishing Flares: When flares are no longer required, they should be extinguished so as not to pose a hazard when left unattended. a. When extinguishing a highway flare, grasp it near its base, keeping the flare away from your face and body. Push the ignited end into the ground or roadway surface and twist it with a downward motion. b. Discard the extinguished flare in a safe manner and an acceptable container. c. When leaving flares unattended, make arrangements to check back on the flares within 30 minutes prior to extinction so that the hazard is not recreated. C. PRECAUTIONS WITH HIGHWAY FLARES: Due to the flammable nature of highway flares, offices should always exercise extreme caution when using highway flares. 1. Never place flares on grassy or wooded areas, always place on the road surface. 2. NEVER USE HIGHWAY FLARES IN THE VICINITY OF SUSPECTED SPILLS OR VAPORS WHICH MAY BE COMPOSED OF COMBUSTIBLE MATERIALS. 732.3.8 TRAFFIC CONTROL AT ACCIDENT SCENES: Officers responding to motor vehicle accident scenes shall take necessary action to provide for safe passage of traffic through the accident scene. This may require the assignment of one or more officers to control traffic at the scene. Officers assigned to traffic control at accident scenes shall maintain access and egress routes to the scene for ambulances, tow trucks and other emergency vehicles; allow for the proper detouring of traffic; and regulate and control traffic at the scene of the accident to protect parties involved in the accident, investigators, EMS/Fire personnel, and to protect the accident scene itself. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures ASSISTANCE TO HIGHWAY USERS Chapter: Volume Seven: 740 Traffic Operations Date(s): Authority General Order #: Effective: July 9, 1998 Chief Wm. Trenery 98-019 Revised: March 22, 2004 Chief Wm. Trenery 04-001 Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: Chapter 61.4.1 File #: 740-981 740-041 740.1 POLICY & PURPOSE: 740.1.1 POLICY: It is the policy of the Woodbridge Township Police Department to delineate procedures outlining the role of the agency in providing for the needs of citizens experiencing traffic or highway difficulties. 740.1.2 PURPOSE: The purpose of this policy is to establish guidelines for obtaining roadside service and other highway assistance that satisfies the needs of the public, the department, and the providers of such service. Additionally, because of the overall danger to disabled/stranded motorists and vehicular traffic affected by the disabled vehicle, this department will offer reasonable assistance at all times to motorists who appear to be in need of aid. Assistance will be provided 24 hours daily. 740.2 PROCEDURES: 740.2.1 GENERAL ASSISTANCE: One of the principle duties of patrol operations is to render assistance to the motoring public as a normal and routine function. Officers shall be constantly alert for highway users who appear to need assistance. An officer who encounters a stranded/disabled motorist has a responsibility to provide a communications link with headquarters to obtain needed services for the motorist, and to provide protection in hazardous locations or environments. Officers are expected to use sound judgment as it pertains to stranded motorists: A. PRECAUTIONS: Officers who assist stranded motorists shall remain alert to the following possibilities: 1. The vehicle in the possession of the motorist has not been authorized for its use. 2. The vehicle is in an unsafe operating condition. 3. The motorist is unlicensed to drive. 4. The motorist is incapable of safely operating the vehicle due to a medical problem and/or being under the influence of alcohol and/or drugs. 5. The vehicle’s occupants have, or are, engaged in criminal activity. B. PROVIDING ASSISTANCE: Officers shall protect the scene for the stranded/disabled motorist and shall ensure the safe passage of other highway users around the scene with adequate warning through the use of patrol vehicle emergency lighting, highway flares, and/or the physical direction of traffic. Officers shall: 1. Render whatever practical assistance to the stranded motorist which will serve to resolve the situation. 2. When appropriate, provide transportation for the stranded party to a safer location, or to a location where the motorist may obtain additional aid. 3. Should the officer have to leave the scene of a disabled vehicle, it is that officer's responsibility to ensure that the scene is adequately protected, and that the motorist has summoned sufficient aid. These precautions shall include: a. Providing for the safe flow of traffic around the scene through the use of flares. b. Relief by another patrol unit, if required. c. Checking back at the location to ensure that aid has been rendered to the motorist. d. When appropriate, transporting the motorist to a place of safety. 4. A police officer will, whenever possible, provide information, directions, or any other aid to any requesting motorist. If necessary, officers will check with Communications for assistance in finding a location in or near the Township if a motorist is lost. C. TOWING: Upon arrival at a disabled motor vehicle the officer should immediately ascertain the extent of the disablement and whether or not the operator is capable of effecting repairs in a timely fashion. Officers shall not assist any disabled motorist with any minor mechanical problems. Officers may not transport gasoline in the patrol vehicle and shall not jump start another vehicle. The on duty tow operator is better equipped to handle these situations and will be summoned if the motorist desires. If the operator cannot repair the vehicle it should be determined if the operator has called for towing. If the operator has called for tow service an estimated time of arrival should be determined. If the operator has not contacted a tow service, the officer will arrange for the on call duty wrecker to respond. When, in the opinion of the officer the response time of the operator requested tow is too lengthy, the on duty tow service can be called to respond, and the operator’s tow service canceled. 1. The decision to cancel the operator’s tow should be based on the following factors: a. The disabled vehicle is in a hazardous location. b. Level of traffic congestion being caused by the location of the disabled vehicle and the negative impact on other motorists c. The necessity of patrol unit to return to service. 2. Officers should be aware of weather conditions such as extremely cold weather, snow, ice, and flooding conditions. It may be necessary to stay with a stranded motorist until a tow arrives, or transport to a safe location. D. DISABLED VEHICLE PARKING: At any time an officer gives permission for a disabled vehicle to remain in a prohibited parking area, the officer will notify the communications center of the circumstances and leave a note on the vehicle identifying the officer and telling why the vehicle is parked at that location. Officers shall not authorize a vehicle to be parked in a location which poses a hazard to other motorists or pedestrians. Officers shall also ensure that adequate information is provided to headquarters so that oncoming officers are aware that the vehicle is disabled and permitted to remain at that location. Before an officer causes an unattended vehicle to be towed, the officer is to check with Communications to see if permission to park has been given. E. LOCK OUT ASSISTANCE: Officers may assist motorists who have locked themselves out of their vehicles by utilizing a ‘slim-jim’ or other door opening device. Officers shall have the motorist sign a Disclaimer for Unlocking Vehicle form prior to attempting to open the vehicle. 740.2.2 EMERGENCY ASSISTANCE: During the course of the performance of patrol activities, officers shall be alert and vigilant for any emergency situations that may arise, or they may encounter, or for those situations where the motoring public may be in the need of emergency services. Such emergency services would include: A. VICTIMS OF A CRIME: Officers are expected to intervene when they have reason to believe or suspect that a crime or other offense has been committed. B. EMERGENCY MEDICAL SERVICES: It is the responsibility of officers to summon the appropriate emergency medical services as may be required by persons who are ill or suffering from injuries. Upon the discovery of any medical emergency the officer will notify the dispatcher as to the location, nature of the emergency, and any other pertinent information. The officer shall render such aid as is allowed by their certified level of training and attempt to comfort the victim until emergency medical services arrive. Officers should be aware of all potential hazards and not intervene unless such intervention can be done without placing the safety of the officer or others at the scene in jeopardy. Officers may have to divert traffic around the situation until the matter has been resolved. C. FIRE EMERGENCIES: Due to the volatile nature of motor vehicle fires, officers are expected to exercise special care in protecting themselves, victims of such fires, and the motoring public. Officers shall notify the dispatcher of the location and nature of any fires or smoke conditions encountered while on patrol. Such information will be immediately referred to the fire department. For vehicle fires, the officer's primary concern shall be to ensure the safety of persons at the scene. The officer should attempt to gather as much information as possible regarding any cargo contained in the vehicle, and forward this information to Communications so that they may notify fire department personnel. Officers should only attempt to extinguish the fire if they may do so without exposing themselves or others to harm. Officers shall: 1. Summon medical assistance and provide aid to any injured person(s) 2. Ensure that all parties are a safe distance from the fire scene. 3. Divert the motoring public away from the fire emergency and maintain traffic control until such time traffic is permitted to return to its normal pattern. 740.2.3 POLICE VEHICLES REQUIRING EMERGENCY ROAD SERVICE: On weekdays from 1500 to 2230 service call and tow requests should be directed to the Municipal Garage. All other requests for road service or tow should be directed to the Woodbridge Police Tow Truck. If both the Police and Municipal Garage tow trucks are unavailable, the on-call duty wrecker will be directed to respond. 740.2.4 TAXI CAB EMERGENCY LIGHT: Woodbridge Township Municipal Ordinance requires all Township licensed taxicabs to be equipped with help or signaling distress lights. The light is an amber colored, round, flashing “lollipop” light mounted on the car trunk deck or van roof. The driver is able to silently activate the light to signal police in the event of an emergency. Any officers observing an activated flashing distress light will immediately stop the taxicab, determine what emergency situation exists, and take appropriate action. Any officers who respond to a distress light activation should report the event to the Operations and Planning Division employee responsible to oversee Township taxicabs. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures ROADWAY HAZARDS Chapter: Volume Seven: 742 Traffic Operations Date(s): Authority General Order #: Effective: July 2, 1998 Chief Wm. Trenery 98-018 Revised: 7-12-99 Chief Wm. Trenery 99-003 Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: Chapter 41.2.5, 61.4.2 File #: 742-981 742-991 742.1 POLICY & PURPOSE: 742.1.1 POLICY: It is the policy of the Woodbridge Township Police Department to delineate procedures for reporting and correcting hazardous highway conditions. These may include debris in the roadway, lack of or defects in highway safety features, visual obstructions, down or damaged mechanical traffic control devices and informational signs, and other miscellaneous roadway hazards. 742.1.2 PURPOSE: The purpose of this policy is to establish guidelines for taking the necessary action to correct hazardous highway conditions. Roadway defects and hazards are leading contributing factors in many traffic accidents. In order to mitigate these factors, this directive specifies procedures for reporting and correcting such conditions. 742.2 PROCEDURES: 742.2.1 NOTIFICATION OF APPROPRIATE ROADWAY AUTHORITY: Officers must be constantly alert for any roadway or hazards they may encounter on patrol. When the nature of the hazard is such that the officer can resolve the situation without assistance or outside referral, the officer should take the appropriate action. For example, officers finding debris that is a hazard shall remove it, providing the officer is able to remove it safely. If the officer is unable to remove it or requires specialized equipment, the Public Works Department, County Road Department, or State Department of Transportation shall be notified. Communications shall notify the appropriate agency based upon the location of the hazard. If necessary, after hours emergency contact numbers shall be utilized. A. REPORTING REQUIREMENTS: In all roadway hazard circumstances an incident number will be assigned. The CAD incident entry will reflect the actions that were taken by this agency, as well as what other agencies were notified of the hazard. B. IMMINENT DANGER: If the hazard represents an imminent threat to safety, the officer shall secure the scene, redirecting traffic if needed or taking other appropriate steps. The officer will remain at the scene until the problem is corrected or the officer is relieved of the assignment. C. NON HAZARDOUS MATTERS: If an officer encounters a situation that does not require immediate attention, the officer should report it to Communications who will make the appropriate notifications for action on the next business day. 742.2.2 SNOW STORMS, ICE STORMS, ETC.: During snow storms, ice storms, and other inclement weather conditions when it is difficult for people to travel, operators of motor vehicles may find it necessary to leave their vehicles on the roadway. The principal duty of patrol officers will be to assist motorists in removing such vehicles and to attempt to locate the owners of the vehicles left on the roadway. Whenever possible, officers will not issue summonses or tow vehicles unless absolutely necessary for the safe movement of traffic. Before a summons is issued, or before any vehicle is towed away, an attempt shall be made to locate the owner and assist him/her in the removal of the vehicle. In cases of non-hazardous parking violations, where immediate removal is not necessary, the vehicle may be left at its present location for a short period of time. A. ROAD PLOWING/SANDING: Whenever patrol officers locate conditions requiring sanding or plowing the Communications Center shall notify the appropriate agency. If a road condition proves to be too perilous for motorists to travel, until attended to by the road department agency, officers are expected to limit access to the road until the situation has been corrected. If such action is taken by an officer, he/she will notify the Communications Center and have the CAD entry reflect his actions. 742.2.3 MALFUNCTIONING STREET LIGHTS: Patrol officers are to report all malfunctioning street lights. When a street light is discovered to be malfunctioning, the patrol officer will notify the Communications Center noting the exact location of the street light and the reference number located on the pole. Communications will in turn notify the appropriate public utility to repair the street light. 742.2.4 MALFUNCTIONING, DAMAGED OR MISSING TRAFFIC CONTROL DEVICES: Patrol officers are to report to the Communications Center any traffic control devices that are missing, damaged, or in need of repair or replacement. These may include reflectors, channelization devices, mechanical traffic control signals, and traffic control informational signs. All such reports will be documented in the CAD, and forwarded to the Traffic Safety Coordinator for further action. In the event that the damaged or missing traffic control device is maintained by another agency, that other agency will be notified immediately. If the damaged or missing traffic control device poses a potential hazard to traffic or interferes significantly with the safe and free flow of traffic, the officer is to report these findings to the patrol supervisor, who will determine if traffic control will be necessary until the repairs are made. 742.2.5 HAZARDOUS SPILLS ON ROADWAYS: Hazardous spills may include materials such as solids, liquids, and gases that are potentially unstable or injurious to life; i.e., fertilizers, gasoline, chlorine gas, natural gas, etc. Once Communications is made aware of a hazardous spill on the roadway, they will notify the Office Of Emergency Management (O.E.M.). Generally, the cleanup of hazardous materials spills/leaks will be handled by a state-licensed contractor, under the supervision of a representative from the Environmental Protection Agency. The CAD generated entry will automatically notify the respective Fire Department. At the scene of a hazardous materials incident, the Fire Department Incident Commander will be in command of the scene and will make the request through Fire Communications for cleanup assistance. The primary duty of officers arriving on such a call is to protect the scene, and to divert traffic away from the area until such time as the situation is under control. A. OTHER ACTIONS: Prior to the arrival of the fire/rescue personnel, officers arriving on the scene of a hazardous materials incident will follow the below listed procedures: 1. Approach the scene from an upwind direction, if possible. 2. NO SMOKING. 3. Move and keep people away from the scene. 4. Refrain from walking into or touching any spilled materials. 5. Avoid inhaling fumes, smoke and vapors, even if no hazardous materials are involved and do not assume that gases or vapors are harmless because of lack of smell. 6. Rescue of contaminated persons should be left to appropriately equipped rescuers, as an officer cannot help others until the officer knows what he/she is facing, and because police are not appropriately equipped. 7. By radio and/or other means, request assistance and, if at all possible, be specific as to what is needed. 8. To assist in possibly identifying the material(s), the officer should consult their hazardous materials "Emergency Response Guidebook." 9. Be particularly cognizant of where the police vehicle is positioned/parked at the scene, as it can provide a source of ignition for flammable gases, vapors, fumes or other substances. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures VEHICLE IMPOUND Chapter: Volume Seven: 744 Traffic Operations Date(s): Authority General Order #: Effective: June 18, 1998 Chief Wm. Trenery 98-016 Revised: Sept. 28, 2001 Chief Wm. Trenery 01-005 Revised: March 22, 2004 Chief Wm. Trenery 04-001 Revised: May 5, 2009 Chief Wm. Trenery 09-003 Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: Chapter 61.4.3 File #: 744-981 744-011 744-041 744-091 744.1 POLICY & PURPOSE: 744.1.1 POLICY: It is the policy of the Woodbridge Township Police Department that no motor vehicle will be impounded as a matter of routine, convenience or without substantial law enforcement need. The policy of this department is to impound and inventory motor vehicles pursuant to the procedures outlined herein. 744.1.2 PURPOSE: The purpose of this policy is to establish a standardized, predetermined non-discretionary procedure for the impounding, towing, and releasing of vehicles. 744.2 PROCEDURES: 744.2.1 IMPOUNDMENT WHERE THE CIRCUMSTANCES ARE NOT DEPENDENT UPON THE PRESENCE OF THE OWNER OR AUTHORIZED USER: A motor vehicle shall be seized and impounded (unless the circumstances of the investigation dictate otherwise) when there is probable cause to believe the vehicle is stolen, involved in the commission, furtherance, or facilitation of a crime (or flight therefrom), or is otherwise subject to forfeiture under the provision of N.J.S. 2C:64-1. A. WARRANTLESS SEIZURE: A motor vehicle may be seized and impounded when there is probable cause to believe that the vehicle contains contraband or evidence of criminal activity, and the seizure and removal of the vehicle is authorized by a recognized exception to the written warrant requirement. 744.2.2 IMPOUNDING A VEHICLE WHERE THE OWNER OR AUTHORIZED USER IS PRESENT: A motor vehicle may only be impounded when the vehicle is uninsured, unregistered, illegally obstructing traffic, or is mechanically defective and is creating a threat to public safety. Prior to impounding a vehicle, all attempts should be made to have the vehicle legally parked or removed from public property. Prior to impounding the vehicle the owner or authorized user should be given a reasonable opportunity to make prompt arrangements for removal of the vehicle. When all attempts to have the vehicle legally parked or removed from the roadway have failed, the vehicle will be impounded in accordance with this policy. 744.2.3 IMPOUNDING A VEHICLE WHEN THE OWNER OR AUTHORIZED USER IS ARRESTED: When the driver of a motor vehicle has been arrested, the vehicle should only be impounded after all attempts to have the vehicle legally parked or removed from the roadway have failed. The arrestee should be afforded the opportunity to make reasonable prompt arrangements for removal of the vehicle. At no time shall officer safety become compromised by an arrestee making removal arrangements. If a vehicle is not impounded when the driver is arrested, the arrestee will be presumed to have assumed the risk for any claims of property loss, theft or damage, and the arrestee shall be so advised. A. ALLOWING ANOTHER TO OPERATE VEHICLE: Persons designated by an arrestee to take custody of vehicles shall meet the following guidelines: 1. The arrestee’s designee must be identified and their identity must be included in the offense report. 2. The officer should be satisfied that the arrestee is able to make a rational decision as to the disposition of the vehicle. 3. The officer should be satisfied that the arrestee’s designee is physically and mentally capable of assuming responsibility for the vehicle. 4. The officer should ensure the designated driver is presently licensed. 744.2.4 IMPOUNDING A VEHICLE WHEN THE OWNER OR AUTHORIZED USER IS NOT PRESENT: A motor vehicle shall be seized and impounded when it is determined the vehicle is abandoned, unregistered, illegally obstructing traffic, parked in a “tow away zone”, mechanically defective and creating a threat to the public safety, or a nuisance and menace to the safe and proper regulation of traffic. Vehicles posing an immediate traffic hazard or threat to public safety shall be impounded immediately. Vehicles not posing an immediate hazard or threat to public safety shall be impounded only after making a reasonable attempt to contact the vehicle owner in order to have the vehicle removed. 744.2.5 IMPOUND/TOW PROCEDURES: The following procedures are to be followed whenever an officer finds it necessary to impound a vehicle as authorized by this policy: A. WOODBRIDGE TOWNSHIP POLICE TOW TRUCK 1. Woodbridge Township Police Tow Truck will be called to remove all vehicles involved in criminal activity where a need exists to preserve evidence, further an investigation, or as a seizure pursuant to the forfeiture statute. During non-working hours Communications Personnel will contact the Impound Yard supervisor to request a response. When the Impound Yard Supervisor is unavailable, or for all impounds not covered in this section, the on-call wrecker will be dispatched utilizing the call out procedures below. 2. Tow – 1 will be notified when towing of a vehicle is needed because the vehicle is illegally parked (or abandoned) on municipally owned property. All other illegally or abandoned vehicles requiring tows will be handled by the on duty wrecker. B. CALL OUT LIST: The patrol officer shall advise Communications to dispatch the duty on-call wrecker to his/her location. The Communications Officer shall dispatch the listed on-call wrecker and shall generate a tow number using the CAD system. 1. The requesting officer shall complete a Property/Vehicle report detailing the reason for the tow and tow number when the vehicle will be held as evidence, is part of a criminal investigation, or seized pursuant to criminal statutes. 2. Owner or possessors of vehicles involved in accidents or who are disabled shall have the right to call a wrecker or garage of their choice, providing the vehicle is not creating a threat to the public safety, disrupting the proper regulation of traffic or the vehicle will be held as stated above. C. TOW REPORT: 1. The Communications Desk will make a data entry into the CAD system indicating which wrecker service towed the vehicle, and provide the tow number to the officer. 2. The officer will complete an Electronic Tow Card at the scene or immediately upon clearing the scene if there is no computer immediately available. D. CHAIN OF CUSTODY: Where a vehicle is being towed as the result of a criminal investigation, the duty Supervisor shall ensure an officer is assigned to accompany the wrecker to Police headquarters and to assist the wrecker operator in placing the vehicle in secure storage once at Police headquarters. The name of the officer accompanying the tow operator shall be included in the criminal investigation incident report. 744.2.6 TOW OR MECHANICAL ASSISTANCE REQUESTED BY THE OPERATOR: Where a tow or mechanical assistance is requested by the operator of a vehicle, the patrol officer shall advise Communications to dispatch the duty on-call wrecker to his/her location. The Communications Officer shall dispatch the listed on-call wrecker and shall generate a tow number using the CAD system. The patrol officer shall complete an Electronic Tow Card to document the incident. 744.2.7 RETURN/RELEASE OF IMPOUNDED VEHICLES: In accordance with 39:3-40.6 (effective 9-11-00) no motor vehicle which has been impounded pursuant to the laws of this State shall be released by this department unless proof of valid insurance and proof of ownership for that vehicle is presented to the law enforcement authority. This includes those individuals who plan to remove their vehicle with a wrecker. The recovery or salvage of the impounded motor vehicle by, or on behalf of, an insurer, financial institution or other lending entity, shall not require proof of valid motor vehicle insurance for that vehicle. A. CRIMINAL INVESTIGATION: Vehicles seized for criminal investigation purposes shall not be returned to the owner without authorization from the C.I.D. Supervisor. 744.2.8 12 HOUR IMPOUNDMENT OF A MOTOR VEHICLE OPERATED BY A D.W.I: When a Law Enforcement Officer makes an arrest for D.W.I., the officer must impound the vehicle the person was operating and hold it for a minimum of 12 hours from the time of the arrest. This Officer must allow the arrestee to permit another person present at the scene to operate the motor vehicle or make arrangements for removal of the vehicle. A. RELEASE OF VEHICLE BEFORE THE 12 HOUR IMPOUNDMENT EXPIRES: 1. The vehicle may be released prior to 12 hours of impoundment if the owner of the impounded vehicle was not the operator that was charged with D.W.I. In this circumstance, the vehicle may be released after the owner demonstrates proof of ownership, registration and automobile insurance coverage. The vehicle may only be released if no Title 39 violations exist. 2. If the vehicle is owned or leased by the arrested person, the vehicle may be released prior to the 12 hours of Impoundment if the arrestee has given permission to a third party to operate the vehicle. This third party must be a responsible person who has acknowledged in writing and received a copy of the Potential Liability Warning form. 744.2.9 POLICE VEHICLES: Procedures for towing and roadside assistance for police vehicles is as follows: A. The municipal garage shall be notified for all tows and roadside assistance required for police vehicles during the hours of 1500 to 2230 hours from Monday through Friday, excluding holidays. B. At all other times, Tow-1 will be contacted to perform police vehicle tows and service calls. In the event that TOW-1 can not respond, the Tow Operations Supervisor will approve the use of the on-duty wrecker. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures AUTOMATED LICENSE PLATE READER Chapter: 766 Volume Seven: Traffic Operations Date(s): Authority General Order #: Effective: 7-20-11 Director R. Hubner 11-003 Revised: Revised: Revised: Revised: Revised: Revised: LEGAL REFERENCES: New Jersey Attorney General Directive 2010-5 ACCREDITATION STANDARDS REFERENCES: File #: 766-111 766.1 POLICY & PURPOSE: 766.1.1 POLICY: It is the policy of the Woodbridge Township Police Department to utilize Automatic license plate reader technology to the extent possible in accordance with New Jersey General’s Directive 2010-5. 766.1.2 PURPOSE: The purpose of this policy is to establish a uniform policy and procedure for the use of Automated License Plate Readers (ALPR) and Stored ALPR Data. 766.1.3 DEFINITION: AUTOMATED LICENSE PLATE READER (ALPR): means a system consisting of a camera and related equipment that: A. Automatically and without direct human control locates, focuses on, and photographs license plates and vehicles that come into the range of the device. B. Automatically converts digital photographic images of scanned license plates into electronic text documents. C. Is capable of comparing scanned license plate text date with date files for vehicles on a Be On The Lookout (BOLO) or "Hot" list programmed into the device's electronic memory. D. Notifies officers, whether by an audible alerts or by other means, when a scanned license plate matches the license plate on the programmed BOLO list. E. The term includes both devices that are placed at a stationary location (whether permanently mounted or portable devices positioned at a stationary location) and mobile devices affixed to a police vehicle and capable of operating while the vehicle is in motion. 766.1.4 ADMINISTRATION OF THE ALPR PROGRAM: The Police Director will designate one or more supervisory officers to oversee and administer this agency's ALPR program. These designated supervisors will be authorized to: A. Provide or oversee the training of all officers and civilian employees who are authorized to operate an ALPR or to access or use ALPR stored data. B. Review and approve requests to access and use stored ALPR data to conduct crime trend analysis and/or to access personal identifying information based upon crime trend analysis. C. To ensure compliance with the Department's ALPR policy and Attorney General Guidelines. 766.1.5 AUTHORIZED USERS: Only sworn or civilian employees who have been authorized by the Police Director and have received training on the proper operation and use of an ALPR and related equipment, and on the provisions of this department's ALPR policy and Attorney General Guidelines may operate an ALPR or access ALPR stored data. A. All authorized users are responsible for inspecting any issued ALPR and/or related equipment for any obvious signs of damage or malfunction on an ongoing basis. B. Any sworn or civilian employees who discovers a possible problem with an ALPR or related equipment is to notify their supervisor immediately. The supervisor will check for replacement equipment. 766.1.6 DEPLOYMENT OF ALPR'S: ALPR and the data that are collected by these devices stored for future use shall only be used in accordance with Attorney General Directive 2010-5, the manufacturer user's manual, and this policy. A. An ALPR and data generated by an ALPR shall only be used for official and legitimate law enforcement business. This also applies to any ALPR data that is collected by another law enforcement agency and provided to this agency or collected by this agency and provided to another law enforcement agency. B. An ALPR reader shall only be used to scan license plates of vehicles that are exposed to public view (e.g., vehicles on a public road or street or that are on private property, but which license plate(s) are visible from a public road, street, or a place to which members of the public have access, such as the parking lot of a shopping mall or other business establishment). 766.1.7 RESPONSE TO AN IMMEDIATE ALERT: When an officer(s) operating a vehicle equipped with an ALPR receive an immediate alert, the officer(s) shall take such action in response to the alert as is appropriate in the circumstances. A. Officer(s) alerted to the fact that an observed motor vehicle's license is on the BOLO list may be required to make a reasonable effort to confirm a wanted person is actually in the vehicle before the officer would have a lawful basis to stop the vehicle (State vs. Parks, 2888 N.J. Super. 407 App. Dic. 1996). Police do not have reasonable suspicion to justify a stop based on a computer check that show that the operator's license of the registered owner of the vehicle is suspended unless the driver generally matches the owner's physical description (e.g. age and gender). B. An officer reacting to an immediate alert shall consult the database to determine the reason why the vehicle has been placed on the BOLO list and whether the alert has been designated as a non- encounter alert. In the event of a non-encounter alert, the officer shall follow any instructions included for notifying the law enforcement or homeland security agency that had put out the BOLO. 766.1.8 USE OF STORED ALPR DATA: Authorized users may access and use stored ALPR Alert Data as part of an active investigation or for any other legitimate law enforcement purpose including , but not limited to a post scan BOLO query, a crime scene query, or crime trend analysis. A. RECORD OF ACCESS: A record shall be made of all access to ALPR data, which may be an automated record that documents the date of access and the identity of the authorized user. B. SHARED LAW ENFORCEMENT ACCESS: ALPR data obtained in conformance with this policy and Attorney General Guidelines can be shared and provided to any other law enforcement agency. 1. When ALPR data is made accessible to or otherwise shared with or transferred to another law enforcement agency, the officer(s) sharing this information shall document the identity of the other agency and the specific officer(s) or civilian employee(s) of that agency who were provided the information. C. NON-LAW ENFORCEMENT PERSONS OR AGENCIES: Stored ALPR data shall be considered criminal investigatory records as defined in N.J.S.A. 47:1A-1 et seq., and shall not be shared with or provided to any person, entity, or government agency, other than a law enforcement agency, unless such disclosure is authorized by a subpoena or court order, or unless such disclosure is required by the Rules of court governing discovery in criminal matters. Any agency receiving a subpoena or court order for the disclosure of ALPR data shall, before complying with the subpoena or court order, provide notice to the County Prosecutor. 766.1.9 RETENTION OF STORED ALPR DATA: A. ALPR stored data shall be retained for a period of five (5) years, after which, the data shall be purged from the data storage device or system. B. ALPR data may be purged before the expiration of the five- year retention period only if the data has been transferred to the State Police Regional Operations Intelligence Center (R.O.I.C.) or any other system that aggregates and stores data collected by two or more law enforcement agencies in accordance with the provisions of AG Directive 2010-5. 766.1.10 SECURITY OF STORED ALPR DATA: All ALPR stored data shall be kept in a secure data storage system with access restricted to only those persons authorized by the Police Director. A. All records documenting the use of ALPR's and ALPR stored data shall be kept in a place and in a manner as to facilitate a review and audit of the department's ALPR program by the County Prosecutor or by the Attorney General or his or her designee. 766.1.11 VIOLATIONS OF POLICY: Any sworn officer or civilian employees of this agency who knowingly violates this policy shall be subject to discipline. A. Any significant violation of this policy, including but not limited to all instances involving the unauthorized access or use of an ALPR or stored data, must be reported to the County Prosecutor upon discovery of the violation. Unless the County Prosecutor elects to conduct or oversee the investigation of the violation, such notification of the violation shall be forwarded up with a report, approved by the Police Director, explaining to the County Prosecutor the circumstances of the violation, and the steps that are being taken prevent future similar violators. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures CRIMINAL PROCESS Chapter: Volume Eight: 840 Auxiliary & Technical Services Date(s): Authority General Order #: File #: Effective: July 2, 1998 Chief Wm. Trenery 98-018 840-981 Revised: 10-15-98 Chief Wm. Trenery 98-023 840-982 Revised: March 11, 2003 Chief Wm. Trenery 03-002 840-031 Revised: 07-10-08 Chief Wm. Trenery 08-004 840-081 Revised: Revised: Revised: LEGAL REFERENCES: ACCREDITATION STANDARDS REFERENCES: 74.1.1, 74.1.2, 74.1.3, 74.2.1, 74.2.2, 74.3.1, 74.3.2 840.1 POLICY & PURPOSE: 840.1.1 POLICY: It is the policy of this agency to establish procedures related to the maintenance of a warrant file that contains accurate and timely information, and to develop procedures concerning the service and execution of such documents. The court function is affected by the prompt service of court documents. Thus, the effectiveness and image of the judicial system are dependent, in part, upon the accuracy, effectiveness, and timely service of court documents. Therefore, it is the policy of this department to ensure sufficiency of information, accuracy, and timeliness of the receipt and delivery of criminal process. 840.1.2 PURPOSE: The purpose of this policy is to address the agency’s responsibility concerning performing and recording legal process functions, including civil and criminal processes. This policy establishes the framework under which arrest warrants will be entered, routed and executed. These guidelines address the procedures to be followed in establishing the validity of outstanding arrest warrants, and the procedures to be followed once a valid arrest warrant has been served. Due to limited resources and the volume of warrants, this agency must establish priorities and exercise reasonable discretion in service practices. This policy has been designed to provide a framework for efficient arrest warrant practices. A prerequisite for efficient and effective warrant management is an organized method of handling warrants from the moment they are received from the court to the time they are returned. Key elements of an organized procedure are accountability for handling and executing warrants, proper documentation of warrant service history, and timely communication between the police, the courts, and other law enforcement agencies regarding the validity of warrants and the whereabouts of wanted persons. 840.2 PROCESSING LEGAL PROCESS DOCUMENTS: 840.2.1 INITIAL RECEIPT: All legal processes received by this agency from the courts or other agencies, by fax, or hand delivered, will be processed as follows. During business hours, the C.I.D. Supervisor is responsible for completing an initial review of warrants in order to prioritize the delivery of service by agency personnel. All warrants received after business hours go to the shift commander for review and service. In addition, all restraining orders are to be forwarded to the shift commander, or designee, for review and logging. NOTE: This agency will only receive and accept criminal and traffic related arrest warrants, and civil restraining orders issued under the Prevention of Domestic Violence Act. Traffic Summonses will be forwarded to the Patrol Office for delivery to the Court. Subpoenas and other items will be forwarded to Operations and Planning for logging and distribution. A. IMMEDIATE PRIORITY: Warrants and Restraining Orders which are faxed, sent by teletype or hand delivered will be assigned for immediate service by Patrol Division personnel which meet the following criteria: 1. Serious offenses, such as those involving threats or physical injury or weapons offenses. 2. Fugitive warrants where the location of the fugitive is known. 3. Arrests for multiple or potentially dangerous offenders. 4. Arrests involving personal safety issues, such as with warrants related to the Prevention of Domestic Violence Act. 5. Civil restraining orders issued under the Prevention of Domestic Violence Act. 6. Warrants for persons wanted by police for other important reasons. B. SECONDARY PRIORITY: All other warrants received by this agency, including those received by mail, shall be served by the Criminal Investigative Division, as follows. 1. Warrants for persons with multiple, less serious offenses; 2. Warrants for persons with more than a minimum amount in fines due. 3. Warrants involving minor motor vehicle offenses 4. All priority warrants which were not immediately served by Patrol due to the inability to locate the defendant. Note: Restraining Orders will remain in Patrol where they will be served and logged into CAD. 840.2.2 RECORD OF INITIAL INFORMATION: The C.I.D. Supervisor shall ensure that all legal process documents are date and time stamped when received and that the following information is recorded in the in-house computer system. A. REQUIRED ELEMENTS: 1. Date received. 2. Type/nature of legal process (criminal warrant or civil restraining order). 3. Source of the document. 4. Name of the plaintiff/complainant or name of the defendant. 5. Officer assigned. 6. Date of assignment. 7. Court docket number (if available) 840.2.3 RECORD OF EXECUTION OR ATTEMPTED EXECUTION: After computer entry, a “warrant service sheet” shall be generated and attached to the warrant for service. Service sheet entries shall include: A. REQUIRED ELEMENTS: 1. Date and time service was executed/attempted. 2. Name of officer(s) executing or attempting service. 3. Name of person on whom the legal process was served. 4. Method of service or reason for non-service. 5. Address of service or attempted service. B. UNABLE TO SERVE: Should there be no response at the residence of attempted service, a notation shall be made on the “warrant service sheet” indicating the date and time and CAD generated alarm number of the attempt, the conditions found, and the assigned officer's ID #. The process is then to be returned to CID for follow up service at a later date. In the event the subject no longer resides at the service address, the assigned officer will note this on the service sheet. 840.3 SERVICE OF LEGAL PROCESS DOCUMENTS: 840.3.1 EXECUTION OF DOCUMENTS: Criminal arrest warrants and civil restraining orders issued under the Prevention of Domestic Violence Act are to be served by sworn law enforcement officers only. Auxiliary and Special officers are not permitted to serve these types of documents. Civil arrests or civil property seizures will not be executed by any member of this agency unless it applies to the Prevention of Domestic Violence Act as outlined in S.O.P. 652, and then only by sworn officers. 840.4 MAINTAINING A WARRANT/WANTED PERSON FILE: 840.4.1 ENTERING WANTED PERSONS INTO NCIC/SCIC: NCIC Wanted Person entries will be made at the Communications Center by submitting a completed “Wanted Person Entry Request” form (WPD 131). Only persons wanted for a first or second-degree indictable crime may be entered into NCIC. Prior to entering a record of a wanted person into NCIC, the police officer requesting the entry must attempt to determine that extradition will be authorized if the individual is located in another state. This will be established by contacting the Middlesex County Prosecutor’s Office Fugitive Unit, whereupon a determination will be made. Extradition limitations should be determined prior to entry and any limitations shall be noted in the Miscellaneous Field of the Wanted Person entry. However, all indictable crimes may be entered into SCIC only by utilizing the New Jersey Wanted Persons System (NJWPS) via NJLETS. These events do not need authorization from the Middlesex County Prosecutor’s Office Fugitive Unit. A. OTHER REQUIREMENTS: The request for a Wanted Person entry must be accompanied by a warrant citing the defendant's name and appropriate criminal charges. The warrant must be in this agency’s possession, and a copy retained in the “Hot Files” for hit confirmation purposes. 1. A temporary Felony Want record must be specifically identified as such. A warrant for the arrest of the person must be obtained as soon as possible and thereafter the temporary felony want record must be either canceled, or the (MKE) field must be modified to the permanent Wanted Person record. 2. Computerized Criminal History (CCH), Interstate Identification Index (III), and/or DMV checks via the NLETS or NJ DMV files will be performed to pack the record. All printouts will be retained. Caution indicators will be added to the entry to ensure police officer safety when the following information reveals that the Wanted person is a. Armed and dangerous b. Has suicidal tendencies c. Is prone to escape d. Is a drug addict e. Or other appropriate information 3. When entering a wanted person, it shall be determined if a duplicate entry has been made by the Middlesex County Prosecutor’s Office. If so, this agency shall defer and cancel our entry. 4. All entries shall be double checked by a second party to ensure accuracy. 840.4.2 VERIFYING INFORMATION: Officers shall not make an arrest based solely on their knowledge for an outstanding arrest warrant unless, they have first confirmed the existence of the warrant through a "paper or hard-copy" of the arrest warrant. If there is any doubt regarding the validity of a warrant/information received from another agency, the information shall be verified prior to any action being taken. Information shall not be acted upon until we possess either an actual hard copy warrant, a computerized teletype message verifying the warrant’s existence, or a current (at the time of inquiry) ATS/ACS copy. Also, risk factors shall be obtained (i.e., subject may be armed, threat to flee/resist, etc.) and this information passed along to personnel in the field. A. VERIFYING CONTENT: Before acting on any warrant, officers must check for the following: 1. The identity of the person to be arrested, and the address of the named person, is verified prior to execution. 2. Check to see if the warrant was properly filled out and a probable cause determination was made by a magistrate. 3. The arrest warrant was signed by the proper authority. 4. That the scope of the arrest is understood by the executing officers so as to not go beyond the limitations of the warrant. B. AUTOMATED COMPLAINT SYSTEM (ACS)/ AUTOMATED TICKET SYSTEM (ATS): These statewide systems are designed to give agencies in NJ access to all CRIMINAL (ACS) and TRAFFIC (ATS) warrants/summons issued within the State twenty four (24) hours per day. Active warrant checks may be executed through these systems. They are designed to negate the need to perform “warrant checks” in the traditional sense (i.e., contacting the persons home town PD via land-line to determine if there are any warrants). If a warrant shows active, it is to be considered valid and the screen will be printed. The printed copy becomes the “hard copy” of the warrant and is to be considered to be valid. (NOTE: If a subject claims to have satisfied the warrant but the system has yet to be updated, the officer(s) should exercise discretion and make reasonable attempts to verify that the warrant was satisfied. This may be done by asking the subject to produce a bail receipt or contacting the agency that allegedly made the arrest to confirm it.) If in doubt, do not arrest. 840.4.3 CANCELING INFORMATION: Officers shall be guided by the following once a warrant has been served. A. IN-HOUSE COMPUTER: On the morning of the next business day, the C.I.D. Supervisor shall ensure the warrant is removed. Once a warrant has been entered into the in-house computer system, it should not be removed from those files, unless the following applies: 1. The accused has been arrested and the warrant is ready for return to the court. 2. The warrant is recalled by the issuing court. 3. The warrant is returned to the issuing court because it is not prosecutable, does not have enough correct information for successful service, or could lead to an arrest of questionable legality or value if the warrant remains in active police files. B. NCIC/SCIC: Upon the location of a Wanted Person, this agency’s prescribed “hit confirmation” procedure will be followed, and the record entry will be removed from the SCIC/NCIC files. For out of jurisdiction “hits” the Communications Center will notify the jurisdiction by using this agency’s prescribed “hit confirmation” procedure for apprehensions via NCIC/SCIC. C. ATS and ACS: If an arrest is made based upon an ATS or ACS warrant, the dispatcher or police officer that is logged into the AOC system will execute the warrant. The following procedure will be followed: 1. A copy of the active warrant will be printed 2. The arresting officer will confirm that he has the right person 3. The issuing agency (if other then Woodbridge) will be notified 4. The warrant will be executed in the AOC system 5. A copy will be placed in the court box with copies of all related arrest paperwork 6. No warrant “hard copies” from ATS or ACS are to be maintained in any file within the PD, as they are printed on an as need basis at the time of inquiry. D. ERROR IN EXECUTION: Once a warrant is executed, the dispatcher or officer can not un-do the execution. If a warrant is executed in error the following procedure will be followed: 1. Notify the shift commander of the mistake 2. Contact the issuing agency (if other than Woodbridge) and explain the mistake 3. Make a copy and fax it to the issuing agency (if other than Woodbridge) 4. The issuing agency must re-enter the warrant (Woodbridge warrants will be re-entered by the court) 5. Make a copy of the fax and warrant and put it in the court box 840.4.4 24 HOUR ACCESS TO WARRANTS: Due to the need for timely and accurate information regarding criminal warrants, this agency will maintain a computerized record tracking system to be maintained by CID and to be accessible by the Communications Center on a 24 hour basis. In addition to the information stored in the computer system, an additional hard copy of warrants will be kept in a “Hot File.” All warrants shall be stored in this file, to be maintained in the CID Section. During normal business hours this file will be located in CID, after hours, and on weekends and holidays this file shall be placed at the Communications Center for access to the hard copy of all warrants on file. WOODBRIDGE TOWNSHIP POLICE DEPARTMENT Policy & Procedures RECORDS AND REPORTS Chapter: Volume Eight: 850 Auxiliary & Technical Services Date(s): Authority General Order #: File #: Effective: June 30, 1998 Chief Wm. Trenery 98-017 850-981 Revised: 10-23-98 Chief Wm. Trenery 98-023 850-982 Revised: March 11,2003 Chief Wm. Trenery 03-002 850-031 Revised: 05-18-06 Chief Wm. Trenery 06-005 850-061 Revised: 10-01-07 Chief Wm. Trenery 07-007 850-071 Revised: 02-27-08 Chief Wm. Trenery 08-002 850-081 Revised: LEGAL REFERENCES: Executive Order #123, issued November, 1985 ACCREDITATION STANDARDS REFERENCES: 82.1.1, 82.1.2, 82.1.3, 82.1.4, 82.2.3, 82.2.5, 82.3.1, 82.3.3, 82.3.5, 82.3.6 850.1 POLICY & PURPOSE: 850.1.1 POLICY: It is the policy of the Woodbridge Township Police Department to establish polices and procedures for the effective and efficient operation of the agency’s record keeping function. The central records function is critically important to the delivery of quality law enforcement services. Records serve to assist investigators in follow up, to identify potential liability incidents, to supply information for internal departmental reports, and to provide necessary information to the public. 850.1.2 PURPOSE: The purpose of this policy is to establish basic guidelines to meet the management, operational, and information needs of this department. As in all large organizations, the management of information is a complex task, which requires training, written policies, procedures and guidelines. It is therefore essential, that in order to achieve organizational success, the entire department must have an understanding of the role of the Records Division. 850.2 PRIVACY AND SECURITY: 850.2.1 OVERALL SECURITY: Records are irreplaceable and will be stored and maintained in the authorized storage containers (locked file cabinets) in Records when not in actual use. Access to Records is limited to Records personnel. At those times when the Records bureau is closed, the room will be secured and access will be limited to only those Supervisors/Command personnel who have been authorized by the Chief of Police. It is the responsibility of each duty shift commander to ensure the room is secure and no unauthorized persons enter same after normal business hours. Unauthorized personnel are strictly forbidden from entering the Records room without permission from Records personnel or a Commander/Supervisor, and shall never be allowed to access any files retained therein. A. SEPARATION OF JUVENILE CRIMINAL RECORDS FROM ADULT CRIMINAL RECORDS: Juvenile criminal and identification records shall be clearly identified through the labeling of the document or computer file as “JUVENILE”. Juvenile criminal records shall be stored physically separate and securely from adult criminal records. B. RELEASE OF RECORDS: Information contained within police reports stored in Records will be released outside this department in accordance with The New Jersey Public Records Act (N.J.S.A. 47:1A-1, et seq.) effective July 8, 2002. 1. Officers needing/requesting copies of reports, arrest information, or any other material stored in the Records Bureau must obtain these documents from Records Bureau personnel. No officer is allowed to enter Records to obtain a police report on their own without direct Records personnel assistance. C. ACCESS TO RECORDS INFORMATION: All records information is entered by a combination of Records and Communications personnel into the police computerized records system (i.e., warrant file, incident summaries, arrest files, etc.). This information shall be available to all authorized personnel through access by the in-house computer system. Access shall be controlled by a password system, allowing access to only those personnel who have been authorized by the Chief of Police to have access to same. Personnel who have not been provided a specific password to gain access to the system are prohibited from utilizing same, or from using another employee’s password to gain entry into the system. 850.2.2 RECORDS RETENTION SCHEDULE: Records personnel will be guided by the “Records Retention and Disposition Schedule" as set forth by the NJ Division of Archives and Records Management, Department of State. Prior to the destruction of records, Records personnel must first submit a "Request and Authorization for Records Disposal" form. When the Division of Archives & Records Management approval is received and documented, the affected documents may be disposed of (shredded). A. NO RECORDS MAY BE DESTROYED WITHOUT PROPER AUTHORIZATION. 850.2.3 DISPOSAL OF CONFIDENTIAL OR SENSITIVE MATERIAL AND INFORMATION: Any Crime Analysis Bulletin, Intelligence Bulletin, police reports, or any other police-related informational report (including information contained in computer systems such as CAD and NCIC) and personnel records shall be considered confidential. Any handwritten note or document containing identifiable information such as phone numbers, social security numbers, and driver license numbers, shall be considered confidential. A. Copies of all confidential information shall not be disseminated to unauthorized persons. B. Any copy of confidential or sensitive information that has not been filed by the end of the shift shall be placed into a shredder bin for proper disposal or shredded immediately. C. Confidential or sensitive material is not to be left in unsecured areas and shall not be placed into the normal trash. 850.3 INDEXED FILES: 850.3.1 INCIDENT NUMBERING: A single numbering series shall be employed for all incidents of law enforcement services, to include traffic accident investigations, criminal investigations, and miscellaneous calls for law enforcement services. The numbering system shall be automated (generated) through the in-house computer system. Sequential numbers shall be generated by the computer system, ensuring no numbers are omitted nor duplicated, and each case is assigned its own specific case number. 850.3.2 ARREST FILES: Records personnel shall ensure an offender number is assigned to all arrested persons. An offender number is a person-oriented number and is assigned to a specific person. Offender numbers shall be generated by the computer system, ensuring no numbers are omitted nor duplicated, and each person arrested is assigned his/her own specific arrest number. Once a person has been assigned an offender number, all subsequent arrests and information concerning that person are referenced to this number even where the individual may have been arrested on a number of different occasions and thus have different case numbers relating to them. 850.3.3 UNIFORM CRIME REPORTING INDEX: This department shall maintain a computerized automated index of incidents by type, which are generated for Uniform Crime Reporting (UCR) purposes, to include Part 1 and Part 2 crime codes. The Crime Analysis Unit, on a monthly basis, will compile U.C.R. crime statistics