Joint Response to Public Comment Pursuant to DGO 3.01.04(D)

DGO 5.18 Persons in Custody and Transportation

July 26, 2024

SFPD Department General Order (DGO) 3.01 requires that all policies under development be posted publicly to provide members of the public thirty (30) business days to submit policy recommendations.

Pursuant to DGO 3.01.04 (D), the Department and the Department of Police Accountability (DPA) jointly prepare a public response, which shall be posted on the Department’s website, outlining the recommendations included and not included in the DGO draft submitted to the Police Commission.

Joint responses are captured in the following recommendation grid which captures the original recommendation, whether the recommendation was included or not included in the draft DGO, and the explanation relating to the decision to include or not include the recommendation into the draft DGO.

The Department reserves the right to remove or not respond to comments if they are:

  • Unrelated to the subject of the DGO
  • Include private personal information (whether the commenter’s or someone else’s), including home address, home or cell phone number, personal e-mail address, or personal identification.
  • Include profanity or obscene language.

The Department received eleven (11) recommendations for DGO 5.18 Persons in Custody and Transportation from the public and reached a consensus with the DPA on each of the responses. 

The Department and DPA extend gratitude to all who took the time to contribute recommendations to this policy.

DGO 5.18 Public Comment | SFPD - DPA Joint Response

  • R1

    Public Comment
    It is redundant to have officers broadcast their mileage. This section is outdated and does not account for BWC which capture the event. It is creating extra and unnecessary work for the officers. The whole transportation is on BWC already.

    DGO SEC 
    5.18.09a1 and a2

    Date Received 
    12/6/23

    Required Response 
    Recommendation has been included in draft DGO

    SFPD Explanation
    The Department agrees that transportations of all individuals in a police vehicle are captured on Body Worn Camera footage, therefore it is redundant to broadcast starting and ending mileage and locations over the police radio. The section, 5.18.09(A)(2) Transporting Females and Transgender Individuals has been removed from the draft DGO to reflect this change.

    DPA Explanation
    DPA agrees with commenter and SFPD.

  • R2

    Public Comment
    Since this is a General Order, can we simply state GENERALLY that, "Custodies should be restrained per approved procedures as outlined in the referenced Dept. Manuals." No need to list the specific procedures again.

    DGO SEC 
    5.18.06 Control and Restraint

    Date Received 
    12/7/23

    Required Response 
    Recommendation will not be included in Draft DGO

    SFPD Explanation
    The Arrest and Control Manual is over 170 pages long. The Department thought it would be helpful to members if critical elements of the Manual were included in the DGO for ease of reference.

    DPA Explanation
    DPA disagrees with the commenter and agrees with SFPD.

  • R3

    Public Comment
    Section is superfluous. How about GENERALLY (as in General Order) directing Members to have any injured/ill Custodies medically assessed? No need for specifics here.

    DGO SEC 
    5.18.07 A

    Date Received 
    12/7/23

    Required Response 
    Recommendation has been included in draft DGO

    SFPD Explanation
    Based on this comment, the department re-evaluated this section and agrees that the removal of one paragraph can result in a more concise section that focuses on extenuating circumstances.

    DPA Explanation
    DPA concurs with commenter and SFPD.

  • R4

    Public Comment
    Can we remove this section from public view? Why would we publish this and let people know there's a "concealed security lock" for the rear doors... they'll know to look the next time they want to lynch a prisoner. This wasn't well considered.

    DGO SEC 
    5.18.04 B

    Date Received 
    12/7/23

    Required Response 
    Recommendation has been included in draft DGO

    SFPD Explanation
    The Department understands the commenter's concern and has edited the section as follows: "During transport of a person in custody in a vehicle equipped with a prisoner compartment, members shall ensure locking mechanisms are engaged."

    DPA Explanation
    DPA agrees with the commenter and SFPD.

  • R5

    Public Comment
    Is starting mileage even necessary in the age of BWC? Everything is recorded via BWC anyway.

    DGO SEC 
    5.18.09 A 2

    Date Received 
    12/7/23

    Required Response 
    Recommendation has been included in draft DGO

    SFPD Explanation
    The Department agrees that transportations of all individuals in a police vehicle are captured on Body Worn Camera footage, therefore it is redundant to broadcast starting and ending mileage and locations over the police radio. The section, 5.18.09(A)(2) Transporting Females and Transgender Individuals has been removed from the draft DGO to reflect this change.

    DPA Explanation
    DPA agrees with the commenter and SFPD.

  • R6

    Public Comment
    R6 This declarative sentence is poorly worded and needs an appropriate edit. 

    DGO SEC 
    5.18.11 Transportation of Persons in Custody

    Date Received 
    12/7/23

    Required Response 
    Recommendation has been included in draft DGO

    SFPD Explanation
    The sentence in section, 5.18.11 has been edited as follows: "Members shall transport persons in custody in a manner consistent with law"

    DPA Explanation
    DPA agrees with the commenter and concurs with the SFPD edit.

  • R7

    Public Comment
    Just keep #1, #2, #3, and #4. without the subsections. The subsections are procedural in nature and taught in the Academy. There's no need to list them in the DGO to this level of specificity.

    DGO SEC 
    5.18.11 A

    Date Received 
    12/7/23

    Required Response 
    Recommendation will be modified and included in draft DGO

    SFPD Explanation
    Section 5.18.11 (A) has been modified as subsection a and b have been deleted. 5.18.11(A)(3) has been deleted as it is redundant.

    DPA Explanation
    DPA concurs with SFPD's modification.

  • R8

    Public Comment
    Remove the specific subsections. "GENERALLY, individuals under arrest should be transported from the place of arrest to the booking location as soon as practical." DONE.

    DGO SEC 
    5.18.11 B

    Date Received 
    12/7/23

    Required Response 
    Recommendation has been included in draft DGO

    SFPD Explanation
    5.18.11 (B) is specifically describing "prompt transport" while the subsections relate to safety precautions. The subsections have been removed and will be applied to a new section titled "Safety Precautions".

    DPA Explanation
    DPA concurs with commenter and SFPD.

  • R9

    Public Comment
    "Members should take reasonable steps to minimize the possibility of escape by a person in custody who is under their control." NOTHING FURTHER NEEDS TO BE STATED. This is a DGO for Members, not unsworn, untrained academics.

    DGO SEC 
    5.18.12 PRISONER SECURITY A. Preventing Escape

    Date Received 
    12/7/23

    Required Response 
    Recommendation will not be included in Draft DGO

    SFPD Explanation
    The content will remain as-is in draft DGO. 

    DPA Explanation
    DPA concurs with SFPD.

  • R10

    Public Comment
    The "policy" paragraph is sufficient (along with "d"). The procedural subsections are unnecessary. I can think of a scenario when 1 officer can watch two or more seriously injured Custodies. Would that be a policy failure in todays staffing crisis?

    DGO SEC 
    5.18.12 PRISONER SECURITY B. Hospital Custodies and Escorts

    Date Received 
    12/7/23

    Required Response 
    Recommendation has been included in draft DGO

    SFPD Explanation
    The language has been updated to the proposed: "It is preferred to have one officer for each person in custody while at a medical facility." 

    DPA Explanation
    DPA agrees with SFPD.

  • R11

    Public Comment
    The pregnant section needs specificity and not to be left so ambiguous. This opens the officer and department up for a lot liability by simply saying "least restrictive manner"!

    DGO SEC 
    5.18.08.A 

    Date Received 
    12/18/23 

    Required Response 
    Recommendation has been included in draft DGO

    SFPD Explanation
    A subsection has been added to 5.18.09 "Vulnerable Populations" and the following verbiage has been proposed: 

    "2. Pregnant Persons - Persons who are known to be pregnant should be restrained in the least restrictive manner that is effective for officer safety and in no event shall these persons be restrained by handcuffs behind the body. No person who is in labor, delivery or recovery after delivery shall be handcuffed or restrained except in extraordinary circumstances and only when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, officers, or others. (Pen. Code, §§ 3407)" 

    DPA Explanation
    DPA agrees with the SFPD's edit.