GENERAL ORDERS LINCOLN POLICE DEPARTMENT
SUBJECT: CUSTODY
TITLE: TEMPORARY CUSTODY OF JUVENILES
EFFECTIVE DATE: JUNE 1, 2025
REVISION DATE:
ACCREDITATION: ALABAMA ASSOCIATION OF CHIEFS OF POLICE (AACOP)
APPROVAL: CHIEF DARREN E. BRITTON
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TEMPORARY CUSTODY OF JUVENILES
901.1 PURPOSE AND SCOPE
This policy provides guidelines consistent with the Juvenile Justice and Delinquency Prevention Act for juveniles taken into temporary custody by members of the Lincoln Police Department (34 USC § 11133).
901.1.1 DEFINITIONS
Definitions related to this policy include:
JUVENILE NON-OFFENDER - An abused, neglected, dependent, or alien juvenile who may be legally held for his/her own safety or welfare. This includes any juvenile who may have initially been contacted for an offense that would not subject an adult to arrest (e.g., fine-only offense) but was taken into custody for his/her protection or for purposes of reuniting the juvenile with a parent, guardian, or other responsible person. This also includes juveniles who are before the juvenile court for reasons other than their legally prohibited conduct (e.g., for a “child in need of supervision” matter, commitment to the State Department of Mental Health, a proceeding initiated under Ala. Code § 12-15-115(b)(2) regarding suspension, expulsion, or exclusion from a public school) (Ala. Code § 12-15-102).
JUVENILE OFFENDER - A juvenile 17 years of age or younger who is alleged to have committed an offense that would subject an adult to arrest (a non-status offense). It also includes an offense under Ala. Code § 13A-11-72 or federal law that prohibits possession of a handgun by a juvenile (Ala. Code § 12-15-208; 28 CFR 31.303).
NON-SECURE CUSTODY - When a juvenile is held in the presence of an officer or other department member at all times and is not placed in a locked room, cell, or behind any locked doors. Juveniles in non-secure custody may be handcuffed, but not to a stationary or secure object. Personal supervision, through direct visual monitoring and audio two-way communication, is maintained. Monitoring through electronic devices, such as video, does not replace direct visual observation.
SAFETY CHECKS - Direct visual observation by a member of this department performed at random intervals, within time frames prescribed in this policy, to provide for the health and welfare of juveniles in temporary custody.
SECURE CUSTODY - When a juvenile offender is held in a locked room, a set of rooms, or a cell. Secure custody also includes being physically secured to a stationary object. Examples of secure custody include:
(a) A juvenile left alone in an unlocked room within the secure perimeter of the adult temporary holding area.
(b) A juvenile handcuffed to a rail.
(c) A juvenile placed in a room that contains doors with delayed egress devices that have a delay of more than 30 seconds.
(d) A juvenile being processed in a secure booking area when a non-secure booking area is available.
(e) A juvenile left alone in a secure booking area after being photographed and fingerprinted.
(f) A juvenile placed in a cell within the adult temporary holding area, whether or not the cell door is locked.
(g) A juvenile placed in a room that is capable of being locked or contains a fixed object designed for cuffing or restricting movement.
SIGHT AND SOUND SEPARATION - Located or arranged to prevent physical, visual, or auditory contact.
STATUS OFFENDER - A juvenile suspected of committing a criminal violation of the law that would not be a criminal violation but for the age of the offender. Examples may include running away, underage possession of tobacco, curfew violation, and truancy. A juvenile in custody on a court order or warrant based upon a status offense is also a status offender (Ala. Code § 12-15-201).
901.2 POLICY
The Lincoln Police Department is committed to releasing juveniles from temporary custody as soon as reasonably practicable and to keeping juveniles safe while in temporary custody at the Department. Juveniles should be held in temporary custody only for as long as reasonably necessary for processing, transfer, or release.
901.3 JUVENILES WHO SHOULD NOT BE HELD
Juveniles who exhibit certain behaviors or conditions should not be held at the Lincoln Police Department. These include:
(a) Unconsciousness or having been unconscious while being taken into custody or transported.
(b) Serious injuries or a medical condition requiring immediate medical attention.
(c) A suspected suicide risk or showing obvious signs of severe emotional or mental disturbance (see the Involuntary Commitments Policy).
If the officer taking custody of a juvenile believes that he/she may be a suicide risk, the officer shall ensure continuous direct supervision until evaluation, release, or transfer to an appropriate facility is completed.
(d) Significant intoxication or showing signs of having ingested any substance that poses a significant risk to their health, whether or not they appear intoxicated.
(e) Extremely violent or continuously violent behavior.
(f) Afflicted with, or displaying symptoms of, a communicable disease that poses an unreasonable exposure risk.
Officers taking custody of a juvenile exhibiting any of the above conditions should take reasonable steps to provide medical attention or mental health assistance and should notify a supervisor of the situation. These juveniles should not be held at the Department unless they have been evaluated by a qualified medical or mental health professional, as appropriate for the circumstances.
901.4 CUSTODY OF JUVENILES
Officers should take custody of a juvenile and temporarily hold the juvenile at the Lincoln Police Department when there is no other lawful and practicable alternative to temporary custody. Refer to the Child Abuse Policy for additional information regarding detaining a juvenile who is suspected of being a victim.
Juveniles taken into custody shall be held in non-secure custody unless otherwise authorized by this policy.
Any juvenile taken into custody shall be released to the care of the juvenile's parent, legal guardian, or other responsible adult, or transferred to a juvenile custody facility or to other authority as soon as practicable (Ala. Code § 12-15-127). In no event shall a juvenile be held beyond six hours from the time of his/her entry into the Department (34 USC § 11133; Ala. Code § 12-15-208).
901.4.1 CUSTODY OF JUVENILE NON-OFFENDERS
Non-offenders taken into protective custody in compliance with the Child Abuse Policy should generally not be held at the Lincoln Police Department. Custodial arrangements should be made for non-offenders as soon as reasonably possible. Juvenile non-offenders may not be held in secure custody (34 USC § 11133).
901.4.2 CUSTODY OF JUVENILE STATUS OFFENDERS
Status offenders should generally be released by citation or with a warning rather than taken into temporary custody. However, officers may take custody of a status offender if requested to do so by a parent or legal guardian in order to facilitate reunification (e.g., transported home or to the station to await a parent). Juvenile status offenders may not be held in secure custody (34 USC § 11133; Ala. Code § 12-15-208).
901.4.3 CUSTODY OF JUVENILE OFFENDERS
Juvenile offenders should be held in non-secure custody while at the Lincoln Police Department unless another form of custody is authorized by this policy or is necessary due to exigent circumstances.
Juvenile offenders may be taken into custody for any offense that would subject an adult to lawful arrest or when there is a court order requiring their custody (Ala. Code § 12-15-125).
Officers should not release juvenile offenders before contacting a juvenile court intake officer for possible further detention when (Ala. Code § 12-15-128):
(a) The juvenile has no parent, legal guardian, legal custodian, or other suitable person able to provide supervision and care for the child.
(b) The release of the juvenile would present a clear and substantial threat of a serious nature to the person or property of others.
(c) The release would present a serious threat of substantial harm to the juvenile.
(d) The juvenile has a history of failing to appear in court.
(e) The juvenile possessed a pistol, short-barreled rifle, or short-barreled shotgun.
Officers shall complete the documentation required by juvenile authorities for detentions (Ala. Code § 12-15-127).
901.5 ADVISEMENTS
If not released, bring the child to the place designated by the juvenile court and give written notice of the action taken and the reasons for taking the child into custody to the juvenile court intake officer, to the parent, legal guardian, or other legal custodian of the child, and, in the case of dependency, to the Department of Human Resources (Ala. Code § 12-15-127).
901.6 NO-CONTACT REQUIREMENTS
Sight and sound separation shall be maintained between all juveniles and adults while in custody at the Lincoln Police Department (34 USC § 11133). There should also be sight and sound separation between non-offenders and juvenile and status offenders.
In situations where brief or accidental contact may occur (e.g., during the brief time a juvenile is being fingerprinted and/or photographed in booking), a member of the Department shall make reasonable efforts to end the contact.
901.7 RELIGIOUS ACCOMMODATION
Subject to available resources, safety and security, the religious beliefs and needs of all individuals in custody should be reasonably accommodated. Requests for religious accommodation should generally be granted unless there is a compelling security or safety reason and denying the requests the least restrictive means available to ensure security or safety. The responsible supervisor should be advised any time a request for religious accommodation is denied.
Those who request to wear headscarves or simple head coverings for religious reasons should generally be accommodated absent unusual circumstances. Head coverings shall be searched before being worn.
Individuals wearing headscarves or other approved coverings shall not be required to remove them while in the presence of or while visible to the opposite sex if they so desire. Religious garments that substantially cover the individual's head and face may be temporarily removed during the taking of any photographs.
901.8 USE OF RESTRAINT DEVICES
Juvenile offenders may be handcuffed in accordance with the Handcuffing and Restraints Policy. A juvenile offender may be handcuffed at the Lincoln Police Department when the juvenile presents a heightened risk. However, non-offenders and status offenders should not be handcuffed unless they are combative or threatening.
Other restraints shall only be used after less restrictive measures have failed and with the approval of the Watch Commander. Restraints shall only be used so long as it reasonably appears necessary for the juvenile's protection or the protection of others.
Juveniles in restraints shall be kept away from other unrestrained individuals in custody and monitored to protect them from abuse.
901.8.1 PREGNANT JUVENILES
Juveniles who are known to be pregnant should be restrained in accordance with the Handcuffing and Restraints Policy.
901.9 PERSONAL PROPERTY
The personal property of an individual in temporary custody should be removed, inventoried, and processed as provided in the Custodial Searches Policy unless the individual requests a different disposition. For example, an individual may request property (e.g., cash, car or house keys, medications) be released to another person. A request for the release of property to another person must be made in writing. Release of the property requires the recipient's signature on theappropriate form.
Upon release of an individual from temporary custody, his/her items of personal property shall be compared with the inventory, and he/she shall sign a receipt for the property's return. If the individual is transferred to another facility or court, the member transporting the individual is required to obtain the receiving person's signature as notice of receipt. The Department shall maintain a copy of the property receipt.
The Watch Commander shall be notified whenever an individual alleges that there is a shortage or discrepancy regarding his/her property. The Watch Commander shall attempt to prove or disprove the claim.
901.10 SECURE CUSTODY
Only juvenile offenders 13 years of age or older may be placed in secure custody. Watch Commander approval is required before placing a juvenile offender in secure custody.
Children 11 or 12 years of age may only be detained or confined in secure custody by orders of juvenile courts, unless the children are charged with offenses causing death or serious bodily injury to persons or offenses that would be classified as Class A felonies if committed by adults (Ala. Code § 12-15-208 (a)(4)).
Secure custody should only be used for juvenile offenders when there is a reasonable belief that the juvenile is a serious risk of harm to him/herself or others.
Members of this department should not use secure custody for convenience when non-secure custody is, or later becomes, a reasonable option.
When practicable, handcuffing one hand of a juvenile offender to a fixed object while otherwise maintaining the juvenile in non-secure custody should be considered as the method of secure custody. A member must be present at all times to ensure the juvenile's safety while secured to a stationary object.
Generally, juveniles should not be secured to a stationary object for more than 60 minutes. Supervisor approval is required to secure a juvenile to a stationary object for longer than 60 minutes and every 30 minutes thereafter. Supervisor approval should be documented.
901.10.1 LOCKED ENCLOSURES
A thorough inspection of the area shall be conducted before placing a juvenile into the locked enclosure to ensure there are no weapons or contraband and that the area is clean and sanitary. An inspection should be conducted when he/she is released. Any damage noted to the area should be photographed and documented. The following requirements shall apply:
(a) Anything that could create a security or suicide risk, such as contraband, hazardous items, belts, shoes or shoelaces, and jackets, shall be removed.
(b) The juvenile shall constantly be monitored by an audio/video system during the entire temporary custody.
(c) The juvenile shall have constant auditory access to department members.
(d) Unscheduled safety checks by department members shall occur no less than every 30 minutes.
All safety checks shall be logged.
The safety check should involve questioning the juvenile as to his/her well-being.
Juveniles who are sleeping or apparently sleeping should be awakened.
Requests or concerns of the juvenile should be logged.
(e) Males and females shall not be placed in the same locked room.
(f) Juvenile offenders should be separated according to severity of the crime (e.g., felony or misdemeanor).
(g) Restrained juveniles shall not be placed in a cell or room with unrestrained juveniles.
901.11 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY
The Chief of Police or his or her designee will ensure procedures are in place to address any suicide attempt, death, or serious injury of any juvenile held at the Lincoln Police Department. The procedures should include the following:
(a) Immediate request for emergency medical assistance if appropriate
(b) Immediate notification of the Watch Commander, Deputy Chief of Police and Chief of Police
(c) Evidence preservation
(d) Notification of the parent, guardian, or person standing in loco parentis of the juvenile
(e) Notification of the appropriate prosecutor
(f) Notification of the City Attorney
(g) Notification of the Coroner
(h) Notification of the juvenile court
901.12 INTERVIEWING OR INTERROGATING
No interview or interrogation of a juvenile should occur unless the juvenile has the apparent capacity to consent, and does consent, to an interview or interrogation.
All Juvenile interviews/interrogations will be audio and/or video recorded depending on the availability.
Juvenile interrogation durations will be conducted in a reasonable amount of time and have regular breaks to ensure the well-being of the juvenile.
The number of investigators present during the interrogation should be limited to two (2) investigators unless necessary.
The investigators conducting the interrogation should familiarize themselves with Section 12-15-127 of the Juvenile Code of Alabama.
901.12.1 CONSTITUTIONAL RIGHTS OF JUVENILES
(a) Basic Juvenile Rights
The officer advising a juvenile of "Constitutional Rights" (Miranda Warning) shall have the juvenile, his parent, guardian, and/or counsel sign the Rights Waiver form at the time the rights are given.
Juveniles charged with a Felony should be Super Mirandized.
If the juvenile's parent, guardian, or counsel is not present at the time the juvenile is advised of his "Constitutional Rights," the following procedure will be used:
(a) The juvenile will be advised that he has a right to communicate with his parent, guardian, or counsel.
(b) The juvenile will be provided with reasonable means to communicate with his parent, guardian, or counsel.
(c) All means provided to assist the juvenile in communicating with his parent, guardian, or counsel will be documented to the case being investigated, showing the methods used, date, and time used.
(d) If the juvenile does not want or refuses to communicate with his parent, guardian, or counsel, such facts shall be documented to the case being investigated, showing the date and time of such refusal.
(e) If the Juvenile is to be placed in detention:
They will be fully informed of the reason for detention.
Given a detention hearing within 72 hours.
Parents will be notified of their detention.
901.13 FINGERPRINTING AND PHOTOGRAPHING
Only juvenile offenders may be photographed and fingerprinted (Ala. Code § 12-15-135).
All juvenile fingerprints will be placed in a manila envelope with the case number and the word "JUVENILE" written on the envelope.
The arresting officer will place the envelope in the shift basket for pick-up and filing by the records clerk.
901.14 TRANSPORTING JUVENILES
Female juveniles shall not be transported with male prisoners of any age.
When transporting in a patrol vehicle, male juveniles will not be transported with male adults, and female juveniles will not be transported with female adults; if no other transportation is available, the officer will request an additional unit for transport.
Whenever officers are transporting juveniles, they shall inform dispatch of their vehicle number, as well as the starting and ending mileage.
901.15 JUVENILE RECORDS
Central Records is designated as the primary storage area for all documents pertaining to police investigations and requests for police service. This office is responsible for the distribution, indexing, filing, and retrieval of information resulting from police investigations and service requests.
(a) The Central Records Office shall maintain a record of service provided by the Lincoln Police Department which may include the Incident/Offense Report, Investigative Case Files, Etc.
(b) Juvenile records shall be kept separate from adult records.
(c) Juvenile records shall be easily identifiable as juvenile records.
(d) Juvenile records shall also be kept in a separate lockable area.
The release of criminal history information is restricted :
(a) Law Enforcement Agencies
Juvenile records shall not be released.
(b) Other Agencies
Juvenile records shall not be released.
The CID/Records clerk shall be accountable for the above-mentioned.
901.16 TRAINING
Department members should be trained on and familiar with this policy and any supplemental procedures.
These policies and operating procedures are not designed to cover every possible scenario or situation in society, but rather to define standard operating procedures for members of the Lincoln Police Department. These guidelines are subject to past, present and future judicial review. These guidelines can be amended and or repealed by the Chief of Police as necessary. The policies and procedures herein provided supersede all previous policies and orders.
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