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Home My WebLink AboutRESOLUTIONS-1971-031-R-7140 - Revised & Adopted 7-26-71 RESOLUTION 31-R-71 WHEREAS, the Evanston City Council desires to officially go on record with a policy concerning the handling of injured prisoners; and WHEREAS, the Human Services Committee in conjunction with the City Manager and Chief of Police has studied the issue and prepared a proposed policy; and WHEREAS, it is the belief of the Evanston City Council and the City staff that injured prisoners should be afforded the best possible medical care: NOW, THEREFORE, BE IT RESOLVED, that the following is, the policy of the City of Evanston regarding the handling of injured prisoners: I. Poli.cir A. Any person or prisoner who is in need of medical �y treatment while in police custody shall be afforded the best possible medical attention without regard to the person's ability to pay for such medical care. B. A prisoner -patient hospitalized in an Evanston hospital will be moved to the Cook County Hospital or the Cermak Memorial (Bridewell) Hospital as soon as possible after having had a reason- able opportunity to make bond, normally a minimum of 24 hours, if: 1. The proper medical.authorities at the attending hospital approve such a move; 2. The prisoner -patient needs additional hospital care; and 3. The said medical authorities have contacted the receiving hospital in accordance with the Guide for Inter -Hospital Transfers. .,w • C. The Judge must be supplied with the following infor- mation when requesting an 'individual recognizance bond: 1. Name and home address of the prisoner, together with additional information respecting employment and personal history, where possible. 2. Charges placed against the prisoner and his previous criminal record; 3. Date the prisoner is scheduled to appear in court; 4. Circumstances of the case, including the name of the hospital, ward or room, and the prisoner's condition. VI. Police guards A. Policemen assigned to guard a prisoner at any local hospital shall be dressed in civilian attire in order to avoid embarrassment to the prisoner or his family. • B. Under special circumstances a supervisor may require the. guard,to be dressed in his uniform. VII. Detention procedure A. The Complaint Desk Section shall maintain a written record of the physical condition of all prisoners from the time they are incarcerated in the detention cells until they are released or turned over to another agency. B. All prisoners in the detention cells shall be observed at least once each hour, and such observations are to be noted on the written record. C. These records shall be maintained for a period of one year unless otherwise directed by the Chief of Police. VIII. Communication rights A. Prisoners who are arrested shall have the right to commuiii.cate with an attorney of their choice and a member of their family by making a reasonable number of telephone calls or in any other reasonable manner. Such communication -shall be permitted . a within a resonable time after arrival at the first place of custody. 0 B. In the event that a prisoner is transferred to a new place of custody, jails, hospitals, etc., his right to communicate with an attorney and a member of his family is renewed. IX. Expenses A. The question of who pays the expenses or who may be liable for them should not be taken into consideration when deter- mining the medical treatment of a prisoner -patient. B. The City shall not assume responsibility for the medical expenses, but when the City incurs expenses for hospital care it will .seek to recover from Cook County, if they are the responsible law enforcement agency for that person, or from the subject, his relatives, or other parties if there is a basis for legal claim. X. Other Aoencies A. Outside agencies such as the Human Relations Commis- sion should be utilized whenever possible to aid individuals in the protection of their rights. B. These agencies should be used to apprise prisoner - patients of the various alternatives available to them in paying. bills, obtaining an attorney, making bond, etc. C. Police officers should not become involved in recom- mending attorneys or methods of obtaining bond money. /s/ Edgar Vanneman Jr. Mayor ATTEST: /s/ Maurice F. Brown City Clerk Adopted: July 26, 1971 • II. Medical A. Any person or prisioner who appears to be in need of medical attention shall not be incarcerated in the Police Depart- ment's detention cells. 1. Such person or prisoner shall be transported to an Evanston hospital for medical treat- ment; or 2. A physician shall be called to the Police Station to attend to the person. B. The attending physician's recommendations regarding the injured person's continued medical treatment, if any, shall be adhered to by members of the Police Department while such person is in their custody. C. No member of the Evanston Police Department shall recommend that any physician or hospital administrator transfer any hospitalized person in police custody to the Cook County Hospital or to Cermak.Memorial Hospital. III. Notification A. The nearest available relative of any incapacitated person in police custody shall be notified of the prisoner's con- dition by a supervisor. However, ifa supervisor is not immediately • available, a subordinate member who is aware of the facts of the prisoner's case shall make the notification. M B. Notification shall be made in person, except that notification can be made by telephone, telegram, or.any other reasonable means of communication if it is more feasible and in the best interests of the patient. C. The notifying member shall notify the incapacitated prisoner's nearest available relative of the pertinent facts con- cerning the prisoner's case. For example: 1. The physical condition of the prisoner, if known; 2. The location of the prisoner; 3. The nature of the complaints filed against the prisoner; 4. The amount of bond, if it has been set; 5. The possibility of a pending transfer to another hospital (such notification -should be made 24 hours in advance of the transfer, if possible); • 6. That the prisoner will. only be moved from the hospital when approved by the proper medical authorities; 7. The proper agencies to seek aid for the prisoner, if needed; and 8. Any other pertinent information that is re- quested by the relative that does not prej- udice the case in a court of law. D. Suitable entry in Police Department records shall be made detailing the circumstances of the notification. Such entry shall indicate the time and place of notification, the name of the notifying officer, and the name and relationship to the prisoner of the person notified, and the pertinent facts conveyed. E. If a relative cannot be located, the'Police-Community Relations Section shall be notified of the circumstances of the in- capacitated prisoner and shall have the responsibility of notifying the proper agencies to protect the prisoner's constitutional rights. The Police -Community Relations Section shall notify the Human Re- lations Commission as soon as practical. IV. Transportation A. When a prisoner -patient is to be transferred to • another .hospital, the Evanston Police Department will provide trans- portation as recommended by proper medical authorities. Elm B. The Evanston Police Department will not participate in any transfer of a prisoner -patient unless the physician at the attendinghospital calls the responsible physician at the receiving hospital in accordance with the Guide for Inter -Hospital Transfers that has been prepared by the Committee on Professional Practice of the Chicago Hospital Council. This document reads in part, "In accordance with good medical practice and consistent with the usual courtesies associated with referral of patients, all transfers should be preceded by oral communication (telephone) between the physidans involved in the sending and receiving institutions. Discussion would include the nature of the problem, reason for transfer, mea- sures instituted, possible complications, etc." V. Bondincq procedure A. When a prisoner charged with a misdemeanor is hos- pitalized, an individual recognizance bond generally should be re quested by the Officer in Charge by notifying the Judge on duty. B. Whgn in incapacitated prisoner in critical condition is charged with a felony, an individual recognizance bond generally should be requested by the Officer in Charge by notifying the Judge : on duty. 0