transportation inspection final quarter 2018 october 30, 2018 · 2019-08-09 · transportation...

POLICE DEPARTMENT BALTIMORE, MARYLAND

Quarterly Transportation Inspection October 2018 1

OFFICE OF THE INSPECTOR GENERAL

Transportation Inspection

Final Quarter 2018

October 30, 2018

REDACTION NOTICE: Certain personally-identifying information has been removed from this Report, including names, images, and sequence numbers, to protect the identities of officers and persons in custody.



Table of Contents

Memorandum for the Police Commissioner 3

Inspection Report 4

Purpose 4

Methodology 4

Reference Material 4

Recommendations and Findings 10

Appendix A Seatbelt Photo’s Samples 1 through 39

11

Appendix B Officer List

22

Appendix C Inspections Section Personnel

23

Appendix D Reference Material

24

Appendix E Overall Results Graph

33



October 30, 2018

To:

Via: Official Channels

From:

Subject: MEMORANDUM

Quarterly Transportation Inspection

Sir,

During the second and third weeks of October, 2018, the Office of the Inspector General (OIG)

conducted the quarterly Transportation Inspection as required by the Consent Decree (Paragraph 236d). In

addition to seatbelt usage and operability of TVC systems, OIG also conducted spot checks of various

other transportation related policy items. A minimum of three transportation vehicles from each district

were inspected and follow-up assessments were completed utilizing BWC footage.

The following items were checked:

Primary Inspection

1. Was wagon TVC system operating properly? (Policy 825 #2) [Required by CD ¶ 236d]

2. Was the prisoner seat belted? (Policy 1114 #7.6) [Required by CD ¶ 236d]

Secondary Inspection

3. Was a transport vehicle with safety barriers utilized? (Policy 1114 #7.1)

4. Were males and females separated? (Not in BPD Policy but required in CD ¶229)

5. Were juveniles in the same vehicle as adult prisoners? (Policy 1202 #1.6)

6. Did the prisoner complain of injury or was there obvious signs of injury to the prisoner? If so,

was the prisoner provided medical attention? (Policy 1115 p.6 item 1)

7. Was the transporting officer’s BWC activated during transport? (Policy 824 p.5 item 6)

I respectfully report that the Consent Decree required inspection items, questions #1 and #2, were

found to be in 100% compliance with policy. Items #3, #4 and #6 were also found to be 100% compliant.

Item #5 was 96.8% compliant and corrective action was taken with those not fully compliant. Item #7 was

92.3% compliant and corrective action was taken with the active officers not fully compliant. Overall, the

inspection results were 98.5% compliant with BPD policy. Therefore the inspection is rendered excellent.

Approved / Disapproved Approved / Disapproved

__________________________________

Interim Police Commissioner Gary Tuggle



INSPECTION REPORT

Purpose

The purpose of the quarterly transportation inspection is to comply with Consent Decree

Paragraph 236d which requires quarterly inspections of three transport vehicles per district for

seatbelt usage and TVC operability.

A secondary purpose of the inspection is to ensure compliance with Baltimore Police

Department (BPD) prisoner transport related policies and procedure, to document results and

ensure corrective action is taken for any non-compliance.

Methodology

To ensure a random sample of transports, Inspection and Special Engagement Section (ISE)

personnel placed spot checks at Central Booking and Intake Facility (CBIF) during phase 1 of

the inspection. On 10/8, 10/9 and 10/11 a total of 30 prisoner transports were inspected by ISE

members. Each inspection was followed up with BWC review. Photos were obtained and

included within this report to document the usage of seatbelts. (Appendix A).

On 10/12, 10/15 through 10/17 and on 10/23, ISE members monitored the radio

communication channels of the following districts to complete the requirement of 3 transport

vehicles per district:

Northern

Western

Southern

Central

When a transport was announced via police radio, ISE members would respond to the destination

to conduct an unannounced inspection. These transports were also additionally assessed through

BWC footage. Seatbelt usage was documented via photographs of the footage. (Appendix A).

All BPD members referenced in this report are referred to via letter designation to shield their

identity in the published version of this report. The table identifying the officers is listed in

Appendix B.

Participating ISE personnel are listed in Appendix C.

Reference Material (Appendix D)

Baltimore Consent Decree Paragraph 236d

Policy 825, Transport Vehicle Camera (TVC) System

Policy 1114, Persons in Police Custody

Baltimore Consent Decree Paragraph 229

Policy 1202, Juveniles: Consensual, Noncustodial Contacts and Custody Procedures

Policy 1115, Use of Force

Policy 824, Body Worn Camera



Review Objectives and Findings

A total of 39 prisoner transport inspections were completed. Each sample was itemized and the

results were documented. Some review objectives were not applicable to the specific sample.

Appendix E contains a chart of the overall results.

Review Objective #1

Was wagon TVC system operating properly?

Criteria

Policy 825, Transport Vehicle Camera (TVC) System, requires the transport vehicle operator to

conduct a function check to ensure the TVC is operating properly.

Procedures

ISE members responded to the destination of transport vehicles, primarily CBIF, to ensure TVC

equipped vehicles were operational. Follow up inspections were completed utilizing BWC

footage and by pulling specific TVC footage.1

Finding

The BPD was found in full compliance with the TVC policy. At least three transports each from

all nine districts were inspected. This included at least one TVC system per district. No TVC

systems were found non-operational. Below listed information provides specific detail as to the

inspection.

Review Objective #2

Was the prisoner seat belted?

Criteria

Policy 1114, Persons in Police Custody, requires when a person is taken into custody and

transported in a police vehicle, members shall ensure that the detainee is secured with the

provided seat belt or restraining device.

1 BPD’s Information Technology Section conducts weekly inspections of transport vans equipped with TVC

systems which is separate from the Quarterly Transportation Inspection by the Office of the Inspector General, but

may have duplicative data.

No. of Transports

Inspected

Total # of

Prisoners

No. of transport

vehicles equipped

with TVC

TVC systems

properly operating

Percent

complience

31 39 16 16 100%



Procedures

ISE members responded to the destination of transport vehicles, primarily CBIF, to ensure

prisoners were restrained by seat belts. Follow up inspections were conducted utilizing BWC

footage and photographs were gathered of the seat belt usage.

Finding

The BPD was found in full compliance with seatbelt policy. All prisoners were properly seat

belted for transport.

Sample #23 was noteworthy as the prisoner continued to remove the seatbelt. Officer “P”

ensured he was repeatedly re-seat belted a total of four times.

Below listed information provides specific detail as to the inspection. Appendix A provides

photos of each prisoner.

Review Objective #3

Was a transport vehicle with safety barriers utilized?

Criteria

Policy 1114, Persons in Police Custody, requires when a person is taken into custody that only

vehicles with safety barriers are used to transport detainees.

Procedures


prisoners were only being transported in vehicles with safety barriers.

Finding

The BPD was found in full compliance with safety barrier policy. All vehicles were sedans

equipped with prisoner compartments (“cage cars”) or properly equipped wagons. Below listed

information provides specific detail as to the inspection.

No. of Transports

Inspected

Total # of

Prisoners

Total # of prisoners

properly seat beltedPercent complience

31 39 39 100%

No. of Transports

Inspected

Total # of

Prisoners

No. of transport vehicles

with safety barriers

Percent

complience

31 39 31 100%



Review Objective #4

Were males and females separated?

Criteria

Consent Decree Paragraph 229 requires BPD to ensure that males and females are not

transported within the same compartment of a vehicle. This provision is not included in current

BPD policy. A recommendation to include the requirement will be contained within this report.

Procedures

ISE members responded to the destination of transport vehicles, primarily CBIF, to ensure male

and female prisoners were not transported within the same compartments of police vehicles.

Finding

The BPD was found in full compliance with the male/female separation requirement. No

prisoners of opposite genders were transported in the same compartments. Below listed


Review Objective #5

Were juveniles in the same vehicle as adult prisoners?

Criteria

Policy 1202, Juveniles: Consensual, Noncustodial Contacts and Custody Procedures, requires

that whenever a juvenile is arrested or taken into custody, to not transport any prisoners or adults

in the same vehicle as the juvenile.

Procedures

ISE members responded to the destination of transport vehicles, primarily CBIF, to ensure adults

and juveniles were not transported within the same vehicles.

Finding

The BPD was found to be 96.8 percent compliant with the adult/juvenile transport separation

requirement. One adult and one juvenile were transported together in shop number 8752

(equipped with a prisoner compartment) by Central District Officer “X”. Both were arrested

No. of Transports

Inspected

Total # of

Prisoners

No. of transports with proper

seperation of male and females

Percent

complience

31 39 31 100%



together for a handgun violation and the juvenile was to be charged as an adult. A

recommendation to address this type of circumstance in BPD policy will be contained within this

report. Corrective action was taken to individually address this issue with the transport officer.

He was counseled and provided the specific provision of the Policy 1202. Below listed


Review Objective #6

Did the prisoner complain of injury to the officer(s)? Was there obvious signs of injury to the

prisoner? If so, was the prisoner provided medical attention?

Criteria

Policy 1115, Use of Force, requires whenever there is an obvious injury, complaint of injury, or

medical attention is requested by any individual, members shall immediately render aid

consistent with his/her training and experience and notify the Communications Unit. Members

shall request that a medic respond to the scene or transport the individual directly to the nearest

hospital emergency room.

Procedures


prisoners were not obviously injured or were provided medical attention if needed. Follow up

inspections were conducted utilizing BWC footage.

Finding

The BPD was found in full compliance with medical attention policy during this inspection. All

prisoners were uninjured or properly given medical attention if needed. Below listed information

provides specific detail as to the inspection.

No. of Transports

Inspected

Total # of

Prisoners

No. of transports with proper

seperation of adults and juveniles

Percent

complience

31 39 30 96.8%

No. of Transports

Inspected

Total # of

Prisoners

No. of prisoners with

posible injury

Medical attention

provided

Percent

complience

31 39 1 1 100%



Review Objective #7

Was the transporting officer’s BWC activated during transport?

Criteria

Policy 824, Body Worn Camera, requires when transporting a detainee, regardless if the

transport vehicle is equipped with a TVC system, that members to must activate their BWC,

unless unsafe, impossible, or impractical to do so.

Procedures


transporting officers had their BWC’s activated during transport. Follow up inspections were

conducted utilizing BWC footage.

Finding

The BPD was found to be 92.3 percent compliant with the transport provision of the BWC

policy. In samples 3, 8, and 11 respectively, Officers “B,” “G,” and “J,” all only partially

activated their BWC’s. Corrective action was taken to individually address this issue. Officers

“B” and “G” were counseled and provided the specific provision of the BWC policy. Officer “J”

resigned from the BPD 2 days after the inspection.

Officer “B” had the BWC activated initially, but deactivated just after the initiation of the

transport and did not re-activate. The TVC system was operational during this transport.

Officer “G” had the BWC activated initially, but deactivated just after the initiation of the

transport. The BWC was re-activated upon arrival at CBIF. The TVC system was operational

during this transport.

Officer “J” had the BWC activated initially, but deactivated prior to beginning the transport. The

BWC was re-activated prior to arrival at CBIF.

Below listed information provides specific detail as to the inspection.

No. of Transports

Inspected

Total # of

Prisoners

Total # of proper

activation of BWCPercent complience

31 39 36 92.3%



CONCLUSION

Recommendations

1. Addition to BPD Policy 1114 addressing Consent Decree paragraph 229 which restricts

the transport of male and female prisoners in the same compartment.

2. Clarification to Policy 1202 noting the circumstance of juveniles charged as adults and

whether they are allowed to be transported with adults. Further clarification noting

incidents when the adult(s) and juvenile charged-as-adult are co-defendants, or arrested

during the same incident.

3. Recognition of Officer “P’s” actions during sample 23.

4. BPD’s Office of Professional Responsibly (OPR) review this report and handle any of the

policy infractions as they deem appropriate.

Findings

During this inspection, the members of the BPD followed proper procedure regarding seatbelt

usage. No transport officers were found to have transported any prisoners who were not properly

seat belted. At least three transports each from all nine districts were inspected. The seatbelt

usage portion of the transportation inspection is therefore rendered outstanding.

Members of the BPD also followed proper procedure by ensuring operability of TVC systems

when equipped. All TVC systems were found to be operational during this inspection. At least

three transports each from all nine districts were inspected. This included at least one TVC

system per district. No TVC systems were found non-operational. The TVC operability portion

of the transportation inspection is therefore rendered outstanding.

Additional transportation related protocol was inspected to include attention to possible injuries,

male/female separation, adult/juvenile separation, the use of proper transport vehicles, and BWC

usage. Four transport officers were found non-compliant with portions of BPD policy out of a

total of 211 items reviewed during the transportation of 39 total prisoners involved with this

inspection. Corrective action was taken for each officer. The additional transportation related

protocol portion of the transportation inspection is therefore rendered excellent.

Respectfully Submitted,

____________________



Appendix A

Sample 1

Sample 2

Sample 3

Sample 4



Appendix A (continued)

Sample 5

Sample 6

Sample 7

Sample 8




Sample 9

Sample 10

Sample 11

Sample 12




Sample 13

Sample 14

Sample 15

Sample 16




Sample 17

Sample 18

Sample 19

Sample 20




Sample 21

Sample 22

Sample 23

Sample 23




Sample 23

Sample 23

Sample 24

Sample 25




Sample 26

Sample 27

Sample 28

Sample 29




Sample 30

Sample 31

Sample 32

Sample 33




Sample 34

Sample 35

Sample 36

Sample 37




Sample 38

Sample 39



Appendix B

Letter Designation

Transport Officer Name

Seq# District

A SE

B SW

C SE

D ED

E ED

F SW

G NE

H SE

I NW

J SE

K NE

L SW

M SW

N NE

O SD

P CD

Q SE

R ED

S NW

T NW

U SD

V WD

W ND

X CD

Y CD

Z WD

AA ND

BB SD



Appendix C

Inspections and Special Engagement Section

Lead Inspector:

Inspectors:

Supervisors:



Appendix D

Reference Material

1. Baltimore Consent Decree Paragraph 236d

2. Policy 825, Transport Vehicle Camera (TVC) System

3. Policy 1114, Persons in Police Custody

4. Baltimore Consent Decree Paragraph 229

5. Policy 1202, Juveniles: Consensual, Noncustodial Contacts and Custody Procedures

6. Policy 1115, Use of Force

7. Policy 824, Body Worn Camera



Appendix D (continued)


236. BPD will conduct quarterly audits of its transportation process to determine

whether officers are properly following correct transportation procedures and that persons in

custody who are being transported are not placed at risk of injury. The audits will include:

a. A review of information for at least five randomly selected instances of transport

of persons in custody from each police district within the previous quarter,

including reviewing all video recordings associated with each instance; reviewing

and analyzing location, time, and odometer information to calculate the speed that

the transport vehicle was driven; and reading any reports associated with the

arrest, detention, and transport of the arrested person;

b. An analysis of the data collected during the previous quarter in Paragraph 232 of

this Section;

c. A review of every injury reported to have occurred during transportation to

determine if there are any trends related to transport policies and practices;

d. Random and unannounced spot-checks of at least three transportation vehicles

from each BPD district to inspect for use of seatbelts and operation of the TVC

system.




Policy 1114, Persons in Police Custody





226. BPD will ensure that males and females are not transported within the same

compartment of a vehicle. If a vehicle contains only one compartment used for transporting

persons in custody, BPD will use separate vehicles to transport males and females. Similarly, to

the extent reasonably apparent, juvenile and adult persons in custody will not be transported in

the same compartments. Transgender, Intersex, and/or Gender Non-conforming individuals, as

defined in this Agreement, shall be transported with other arrestees of the same Gender Identity

and Expression unless the individual expresses a safety concern or the officer identifies a safety

concern, in which case the individual shall be transported alone.




Policy 1202, Juveniles: Consensual, Noncustodial Contacts and Custody Procedures




Policy 1115, Use of Force




Policy 824, Body Worn Camera



Appendix E

Overall Results

Sample Date Time Location Transport Officer District Prisoner Name Type 1 2 3 4 5 6a 6b 6c 7

1 8-Oct 1325 CBIF A SE Cage Car n/a yes yes yes no no no n/a yes

2 8-Oct 1325 CBIF A SE Cage Car n/a yes yes yes no no no n/a yes

3 8-Oct 1341 CBIF B SW Wagon yes yes yes yes no no no n/a no

4 8-Oct 1350 CBIF C SE Cage Car n/a yes yes yes no no no n/a yes

5 8-Oct 1328 CBIF D ED Cage Car n/a yes yes yes no no no n/a yes

6 8-Oct 1325 CBIF E ED Wagon yes yes yes yes no no no n/a yes

7 8-Oct 1410 CBIF F SW Cage Car n/a yes yes yes no yes no yes yes

8 9-Oct 1305 CBIF G NE Wagon yes yes yes yes no no no n/a no

9 9-Oct 1308 CBIF H SE Cage Car n/a yes yes yes no no no n/a yes

10 9-Oct 1349 CBIF I NW Cage Car n/a yes yes yes no no no n/a yes

11 9-Oct 1331 CBIF J SE Cage Car n/a yes yes yes no no no n/a no

12 9-Oct 1344 CBIF K NE Cage Car n/a yes yes yes no no no n/a yes

13 9-Oct 1347 CBIF L SW Wagon yes yes yes no no no n/a yes



16 9-Oct 1412 CBIF M SW Cage Car n/a yes yes yes no no no n/a yes

17 9-Oct 1420 CBIF E ED Wagon yes yes yes yes no no no n/a yes

18 9-Oct 1420 CBIF N NE Cage Car n/a yes yes yes no no no n/a yes

19 11-Oct 1243 CBIF O SD Wagon yes yes yes no no no n/a yes




23 11-Oct 1300 CBIF P CD Wagon yes yes yes yes no no no n/a yes

24 11-Oct 1220 CBIF Q SE Wagon yes yes yes yes no no no n/a yes

25 11-Oct 1141 CBIF R ED Cage Car n/a yes yes yes no no no n/a yes

26 11-Oct 1135 CBIF S NW Wagon yes yes yes yes no no no n/a yes

27 11-Oct 1220 CBIF T NW Cage Car n/a yes yes yes no no no n/a yes

28 11-Oct 1150 CBIF U SD Cage Car n/a yes yes yes no no no n/a yes

29 11-Oct 1250 CBIF V WD Wagon yes yes yes yes no no no n/a yes

30 12-Oct 1300 HQ W ND Wagon yes yes yes yes no no no n/a yes

31 15-Oct 1323 CBIF X CD Cage Car n/a yes yes yes no no n/a yes

32 15-Oct 1323 CBIF X CD Cage Car n/a yes yes yes no no n/a yes

33 16-Oct 1426 CBIF Y CD Cage Car n/a yes yes yes no no no n/a yes

34 16-Oct 1405 CBIF Z WD Wagon yes yes yes no no no n/a yes

35 16-Oct 1405 CBIF Z WD Wagon yes yes yes no no no n/a yes

36 16-Oct 1140 HQ AA ND Wagon yes yes yes yes no no no n/a yes

37 17-Oct 1217 HQ Z WD Wagon yes yes yes yes no no no n/a yes

38 23-Oct 1031 CBIF BB SD Wagon yes yes yes yes no no no n/a yes

39 23-Oct 1152 HQ AA ND Wagon yes yes yes yes no no no n/a yes

16/16 39/39 31/31 31/31 30/31 36/391/1

Review Objective Number

yes

yes

yes

yes

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