january 23, 2015 14.2 from: chief of police subject ... · juvenile arrest procedures and process...

INTRADEPARTMENTAL CORRESPONDENCE

January 23, 201514.2

TO: The Honorable Board of Police Commissioners

FROM: Chief of Police

SUBJECT: JUVENILE ARREST PROCEDURES AND PROCESS AUDIT(IAID NO. 14-037)

RECOMMENDED ACTIONS

1. It is recommended that the Board of Police Commissioners REVIEW and APPROVE theattached Juvenile Arrest Procedures and Process Audit.

2. It is recommended that the Board of Police Commissioners REVIEW and APPROVE theattached Executive Summary thereto.

DISCUSSION

Internal Audits and Inspections Division conducted the Juvenile Arrest Procedures and ProcessAudit to evaluate compliance with various Department policies and procedures pertaining tojuvenile arrests.

If additional information regarding this audit is required, please contact Arif Alikhan,Special Assistant for Constitutional Policing, at (213) 486-8730.

Respectfully,

CHARLIE BECKChief of Police

Attachment

Los ANGELES POLICE DEPARTMENT

JUVENILE ARREST PROCEDURES ANDPROCESS AUDIT(IAID No. 14-037)

Conducted by

Internal Audits and Inspections Division

CHARLIE BECKChief of Police

January 2015

TABLE OF CONTENTSJUVENILE ARRESTS PROCEDURES AND PROCESS AUDIT

PAGENO.

EXECUTIVE SUMMARY i

PURPOSE 1

BACKGROUND/PRIOR AUDITS 1

STATUS ON RECOMMENDATIONS 1

METHODOLOGY 2

SUMMARY OF FINDINGS 3

DETAILED FINDINGS 4

OBJECTIVE NO. 1 Juvenile Arrest Supplemental Report 4

Miranda Rights Admonition and 625 WIC ReadOBJECTIVE No. 2

Verbatim5

OBJECTIVE No. 3 Parental Notification 7

OBJECTIVE No. 4 Advisement of Telephone Calls 9

OBJECTIVE NO. 5 Timeliness of Telephone Calls 10

OBJECTIVE NO. 6 Documentation of Telephone Call Refusal 12

OBJECTIVE NO. 7 Watch Commander Inspection and Interview 13

OBJECTIVE No. 8 Correct Detention Area 14

OBJECTIVE No. 9 Length of Detention 15

OBJECTIVE No. 10 Gladys R. Questionnaire 16

RECOMMENDATIONS 17

ACTIONS TAKEN/MANGEMENT'S RESPONSE 18

EXECUTIVE SUMMARYJUVENILE ARREST PROCEDURES AND PROCESS AUDIT

Conducted byInternal Audits and Inspections Division

Second Quarter, FY 2013/14

PURPOSE

In accordance with the Los Angeles Police Department's (Department) Annual Audit andInspection Plan for fiscal year (FY) 2013/14, Internal Audits and Inspections Division conducteda procedures and process audit of juvenile arrests. The purpose of the audit was to evaluate thearrests for quality and adherence to Department policies and procedures.

BACKGROUND/PRIOR AUDITS

The last Juvenile Arrest Procedures Audit was conducted in the second quarter, FY 2011/12.The current audit was renamed "Juvenile Arrest Procedures and Process Audit."

Results from the prior audit indicated the Department met the standards for all objectives exceptin the areas related to Marsy's Rights Card, timeliness of telephone calls by juvenile arrestees,and the completion of the Gladys R. Questionnaire. Recommendations were made for thosethree areas, and have been implemented.

SUMMARY OF FINDINGS

There were two samples included within this audit, and the Department did well overall withnotable positive results in the same objectives on both samples; inclusion of Juvenile ArrestSupplemental Reports, Form 05.02.06, Miranda Rights Admonition, parental notifications,advisement of telephone calls, watch commander inspection and interviews, correct detentionarea, and proper length of detention. There were a few areas within both samples and the sameobjectives, for which improvement was identified as being needed.

Timeliness and documentation of telephone call refusals were problematic, as the associatedinformation within the Juvenile Arrest Report Supplemental was found to be either blank orincomplete. In regard to Objective No. 10, specifically pertaining to the Gladys R. Questionnairesample, there is a need for improvement in ensuring the Gladys R. Questionnaire is completed,not only because it is a Department requirement, but also a California State mandate.

RECOMMENDATIONS

1. It is recommended that Police Training and Education develop Roll Call training to addressthe proper completion of the Juvenile Arrest Supplemental Report with emphasis pertainingto telephone calls (Objective Nos. 4, 5 and 6).

2. It is recommended the Department consider reconciling and modifying Department Manualsection 4/658.17, and Department Manual of Juvenile Procedures, section 1795, to match .theDepartment requirement that requires juvenile arrestee's to be offered to make at least threephone calls when taken into custody (Objective No. 4).

Juvenile Arrest Procedures and Process AuditExecutive SummaryPage ii of ii

3. It is recommended the Department consider modifying the Juvenile Arrest SupplementalReport, specifically the checkbox area that states "625 WIC Read Verbatim" to includeverbiage that explains the checkbox is to be checked off when not obtaining a statement froma juvenile arrestee (Objective No. 2).

ACTIONS TAKEN/MANAGEMENT'S RESPONSE

1. The audit findings were validated with the respective Area and division commandingofficers, who expressed general agreement.

2. The audit report was presented to the Commanding Officer, Juvenile Division, Director ofPolice Training and Education, and the Director, Office of Operations.

JUVENILE ARREST PROCEDURES AND PROCESS AUDITConducted by

Internal Audits and Inspections DivisionSecond Quarter, FY 2013/14

PURPOSE

In accordance with the Los Angeles Police Department's (Department) Annual Audit andInspection Plan for fiscal year (FY) 2013/14, Internal Audits and Inspections Division (IAID)conducted a procedures and process audit of juvenile arrests. The purpose of the audit was toevaluate the arrests for quality and adherence to Department policies and procedures.

Internal Audits and Inspections Division conducted this audit under the guidance of generallyaccepted government auditing standards, specifically pertaining to performing the audit to obtainsufficient, appropriate evidence to provide a reasonable basis for the findings and conclusionsbased on the audit objectives. Internal Audits and Inspections Division has determined that theevidence obtained provides a reasonable basis for the findings and conclusions based on ouraudit objectives.

BACKGROUND/PRIOR AUDITS

The last Juvenile Arrest Procedures Audit was conducted in the second quarter, FY 2011/12.Results from the prior audit indicated the Department met the standards for all objectives exceptin the areas related to Marsy's Rights Card, timeliness of telephone calls made by juvenilearrestees, and the completion of the Gladys R. Questionnaire (Gladys R.). Recommendationswere made for those three areas, and implemented.

STATUS ON RECOMMENDATIONS

The following recommendations were made in the prior audit:

1. It is recommended Area commanding officers ensure Marsy's Rights Cards are readilyavailable within roll call rooms, report writing rooms, and other areas in which officersfrequently utilize to obtain Department forms; Roll Call training should also be provided,further emphasizing the need to provide Marsy's Rights Cards to victims of crimes.

Status on Recommendation No. 1: Implemented. The recommendation was implemented withthe Roll Call Training Online, which was distributed Department-wide second quarter 2012.Additionally, Marsy's Rights Cards were observed throughout roll call rooms and report writingrooms during the current audit process.

2. It is recommended Roll Call training be provided to officers, emphasizing the protocols ofthe Juvenile Supplemental, Form 05.02.06, specifically as it pertains to the timeliness ofphone calls juveniles are allowed to make when taken into custody.

3. It is recommended Roll Call training be provided to officers, emphasizing the distinction inage (under the age of 14), for which a Gladys R. is needed.

Juvenile Arrest Procedures and Process AuditPage 2 of 18

Status on Recommendation Nos. 2 and 3: Implemented. The recommendation was implementedwith the Roll Call Training Online and at the Training Coordinator's meeting held onAugust 16, 2012.

METHODOLOGY

This audit included an evaluation of Department juvenile arrests over three months,(August 1 to October 31, 2013), by reviewing Arrest Report Packages, Juvenile Detention Logs,Non-Secure, Form 09.06.00, and Secure, Faun 09.05.00, and Watch Commander's DailyReports, Form 15.80.00.

Based on the FY 2011/12 audit findings, IAID deemed it appropriate to conduct additionaltesting with a scope specifically targeting arrests likely to utilize Gladys R. (i.e., arrests involvingjuveniles under age 14); these arrests were encompassed by six months, (May 1 to October 31,2013), and also included a review of Arrest Report Packages, Juvenile Detention Logs, andWatch Commander's Daily Reports. The sample selection processes for both populations aredescribed below.

Internal Audits and Inspections Division obtained a data run of all juvenile arrests that werebooked through a Department detention facility from Application Development and SupportDivision. The data run for three months, August 1 to October 31, 2013, provided the basis for areliable, timely, and representative sample. Cases involving 300 Welfare and Institution Code(WIC), 777 WIC, 1737 WIC, Release from Custody arrests, and arrests made by outsideagencies were excluded from the population.

Additionally, subjects booked under monikers/aliases, and for which the records indicated acorrection reflecting the true subject's name were deselected, as they were listed under duplicatebooking numbers. The exclusion of the aforementioned categories resulted in a population of926 arrests. Internal Audits and Inspections Division randomly selected a statistically validsample using a 95 percent confidence level and a four percent error rate. The population wasstratified based on the division of occurrence and the selections were proportionally allocated.The resulting sample consisted of 94 juvenile arrests, and will hereon be referred to as the mainpopulation.'

The second population was of juveniles under age 14, wherein a data run encompassing sixmonths, May 1 to October 31, 2013, was requested. Cases that were not applicable, as indicatedabove, were deselected from the population. The exclusion of the aforementioned categoriesresulted in a population of 147 arrests. Internal Audits and Inspections Division randomlyselected a statistically valid sample using a 95 percent confidence level and a four percent error

'One West Los Angeles Area (Booking No. 3667938) selection was de-selected because concerned Area personnelwere unable to locate the arrest report package; it was replaced with another randomly selected arrest reportpackage. Additionally, because there was no case disposition information available, the missing documentation wasconsidered an audit finding.


rate.2 The resulting sample consisted of 59 juvenile arrests, and will hereon be referred to as theGladys R. population.

SUMMARY OF FINDINGS

The Department did well overall with notable positive results for the same objectives in bothsamples: inclusion of Juvenile Arrest Supplemental Reports; Miranda Rights Admonition;parental notifications; advisement of telephone calls; watch commander inspection andinterviews; correct detention area; and, proper length of detention. There were a few areaswithin both samples and the same objectives, for which improvement was identified.

Timeliness and documentation of telephone call refusals were problematic, as the associatedinformation within the Juvenile Arrest Report Supplemental was found to be either blank orincomplete. In regard to Objective No. 10, specifically pertaining to the Gladys R. sample, thereis a need for improvement in ensuring the Gladys R. is completed, not only because it is aDepartment requirement, but also California State mandate. Table No. 1 and Table No. 2provide the results for each objective.

Table No. 1 — Summary of Findings (Main Population)3

OBJECTIVENO.

DESCRIPTION RESULTS

1 Juvenile Arrest Supplemental Report 99% (93/94)

2 Miranda Rights Admonition 98% (92/94)

3 Parental Notification 96% (89/93)

4 Advisement of Telephone Calls 93% (87/94)

5 Timeliness of Telephone Calls 48% (33/69)

6 Documentation of Telephone Call Refusal 56% (53/94)

7 Watch Commander Inspection and Interview 95% (89/94)

8 Correct Detention Area 100% (94/94)

9 Length of Detention 100% (94/94)

2Stratification was not employed for the Gladys R. sample selection.3The total sample sizes varied among the objectives due to applicable attributes; see objectives for detail.


Table No. 2 — Summary of Findings (Gladys R. Population)4

OBJECTIVENO.

DESCRIPTION RESULTS

1 Juvenile Arrest Supplemental Report 98% (58/59)

2 Miranda Rights Admonition 98% (58/59)

3 Parental Notification 95% (56/59)

4 Advisement of Telephone Calls 90% (53/59)

5 Timeliness of Telephone Calls 48% (19/40)

6 Documentation of Telephone Call Refusal 53% (31/59)

7 Watch Commander Inspection and Interview 98% (56/57)

8 Correct Detention Area 97% (57/59)

9 Length of Detention 100% (59/59)

10 Gladys R. 87% (33/38)

DETAILED FINDINGS

Objective No. 1 — Juvenile Arrest Supplemental Report

Criteria

Department Manual section 4/218.60, Approval for Juvenile Bookings, states, "Prior toobtaining booking approval, the arresting officer shall:

• Attach a completed Juvenile Arrest Supplemental Report, Form 05.02.06, to the ArrestReport, Form 05.01.02, as the next to the last numbered page of the Arrest Report"

Audit Procedures

Each juvenile arrest report package was examined to determine whether the Juvenile ArrestSupplemental Report was completed and included.

The Department met the standard if the juvenile arrest report package contained the JuvenileArrest Supplemental Report.

Findings (Main Population)

Ninety-three (99%) of the 94 arrest report packages met the standards for this objective. TheDepartment did not meet the standard for the remaining one selection:

4The total sample sizes varied among the objectives due to applicable attributes; see objectives for detail.


• Southeast Area (Booking No. 3708611) - The arrest report package did not contain therequired Juvenile Arrest Supplemental Report.

Findings (Gladys R. Population)

Fifty-eight (98%) of the 59 arrest report packages met the standards for this objective. TheDepartment did not meet the standard for the remaining one selection:

• Operations-West Bureau (Booking No. 3651892) - The arrest report package did not containthe required Juvenile Arrest Supplemental Report.

Objective No. 2 — Miranda Rights Admonition and 625 WIC Read Verbatim

Criteria

Department Manual section 4/202.10, Interrogation of Suspects — Admonition of MirandaRights, states, "When a major crime is involved, an officer shall not read the Mirandaadmonition to a suspect or question a suspect prior to consulting with the investigating officer(I/O) conducting the criminal investigation. Such cases include, but are not limited to, thefollowing:

• Homicides;• Crimes against persons resulting in injuries that require hospitalization of the victim;• Crimes, excluding narcotics, that are the responsibility of a specialized detective division

(e.g., bank robbery, arson, child abuse, etc.);• Major narcotics cases that require specialized expertise (e.g., methamphetamine labs,

etc.);• Felony wants/warrants, including fugitives; and,• Any crimes that require extensive follow-up investigations.

For all other crimes, the arresting officer(s) or other assigned employee(s) should attempt toobtain a statement from an in-custody suspect after providing the Miranda admonition, unlessotherwise directed by his/her watch commander or commanding officer.

Interrogating Officers — Responsibilities. When officers are conducting a custodialinterrogation, the following procedures shall be followed:

• Officers shall read the Miranda admonition verbatim as delineated in the Officer 'sNotebook, Form 15.03.00."

Manual of Juvenile Procedures section 7-715, Admonition of Rights, states, "All juveniles,described in 601 and 602 of the Welfare and Institutions Code (WIC) shall be advised of theirrights upon being taken into custody regardless of whether they are to be interrogated


(Section 627.5 WIC). After the admonition has been given it shall be ascertained if the juvenileunderstands his rights. However, the waiver of Miranda shall not be sought until the juvenile isto be interrogated."

Department Manual section 4/202.30, Advisement of Constitutional Rights per Welfare andInstitutions Code 625 — Minors, states, "When an officer takes a person under the age of 18(minor) into temporary custody for a 601 or 602 WIC offense and does not intend to interrogatethe minor for a 601/602 WIC offense, the officer must advise the minor as follows:

• You have the right to remain silent;• Anything you say may be used against you in court;• You have the right to the presence of an attorney before and during any questioning;• If you cannot afford an attorney, one will be appointed for you, free of charge, before any

questioning, if you want.

The officer will not ascertain if the minor understands his rights and will not seek a waiver. The625 advisement may be given anytime during the period that the minor is in police custody.Officers should be aware of the Six-Hour Rule when conducting the interrogation of a minor incustody.

Note: Providing the Miranda admonition for interrogation purposes will fulfill the 625 WICrequirement."

Audit Procedures

Arrest report packages were examined to determine whether the arrestee was interrogated inregard to his/her participation in criminal activity. The arrest report packages were thenreviewed to determine whether a Miranda Rights Admonition was given and documented in thearrest report narrative and/or if the mandatory 625 WIC admonishment was completed andproperly documented on the Juvenile Arrest Supplemental Report.

The Department met the standard if a Miranda Rights Admonition was documented in the arrestreport narrative when the juvenile arrestee was interrogated regarding his/her participation incriminal activity and/or the "625 WIC Read Verbatim" checkbox was properly marked on theJuvenile Arrest Supplemental Report when the juvenile arrestee was not interrogated.


Ninety-two (98%) of the 94 arrests met the standards for this objective.


Table No. 3 — Miranda Rights Admonition and 625 WIC Read Verbatim(Main Population)

Area Finding Description

Hollywood Area (Booking No. 3760465)Arrestee was not interrogated. No indication in the arrestreport package that Miranda Rights Admonition was given.Arrest report face sheet left blank.

Northeast Area (Booking No. 3728375)Arrestee was not interrogated. Arrest report face sheetindicated that Miranda Rights Admonition was "Not Given."


Fifty-eight (98%) of the 59 arrest report packages met the standards for this objective. TheDepartment did not meet the standard for the remaining one selection:

Table No. 4 — Miranda Rights Admonition and 625 WIC Read Verbatim

(Gladys R. Population)

Division Finding Description

Juvenile Division (Booking No. 3553038)Arrestee was interrogated. The arrest report package made nomention of a 625 WIC or a Miranda Rights Admonishment.

Objective No. 3 — Parental Notification

Criteria

Department Manual section 4/218.80, Notification to Parents - Juvenile Arrest, states, "When anofficer takes a juvenile arrestee to a place of confinement (i.e., Area station, juvenile detentioncenter, etc.), the officer shall take immediate steps to notify the juvenile's parent, guardian orresponsible relative that the juvenile is in custody and of the location where the juvenile is beingheld."

Audit Procedures

The Juvenile Arrest Supplemental Reports and arrest report narratives were examined todetermine whether the arresting officers made the required attempts to notify the juvenile'sparents or guardians.

The Department met the standard if the arrest report package indicated that the parents or legalguardians were notified, or that attempts were made by the officers to contact the parents or legalguardian, albeit with negative results, as required.



Eighty-nine (96%) of the 93 arrest report packages met the standards for this objective.' TheDepartment did not meet the standard for the remaining four selections as indicated in TableNo. 5.

Table No. 5 — Parental Notification (Main Population)

Area/Division Finding Description

77th Street Area (Booking No. 3728253)

The Juvenile Arrest Supplemental Reportindicated the juvenile was unable to provide atelephone number. There was no indication ofefforts made in contacting parents or a legalguardian.

Southeast Area (Booking No. 3708611)

The arrest report package did not contain therequired Juvenile Arrest Supplemental Reportand there was no mention of parental/legalguardian notifications in the report.

Mission Area (Booking No. 3751098)

Criminal Gang and Homicide Division

(Booking No. 3665625)

The parental/guardian notification box wascrossed out on the Juvenile Arrest SupplementalReport.


Fifty-six (95%) of the 59 arrest report packages met the standards for this objective. TheDepartment did not meet the standard for the remaining three selections:

Table No. 6 — Parental Notification (Gladys R. Population)


Rampart Area (Booking No. 3705090)

Wilshire Area (Booking No. 3742673)

The parental/guardian notification box was left blank onthe Juvenile Arrest Supplemental Report.

77th Street Area (Booking No. 3730221)The Juvenile Arrest Supplemental Report did notindicate the time of parent/guardian notification.

'One selection was an emancipated minor and did not require parental notification. Therefore, one selection wasexcluded from the compliance rate calculation for this objective.


Objective No. 4 — Advisement of Telephone Calls

Criteria

Department Manual section 4/658.17, Telephone Calls — Juvenile in Custody, states,"Immediately after being taken to a place of confinement, except where physically impossible, nolater than one hour after he/she has been taken into custody, the minor shall be advised thathe/she has the right to make at least two telephone calls from the place where he/she is beingheld, one call completed to his/her parent or guardian, a responsible relative, or his/heremployer, and another call to an attorney."

Audit Procedures

The Juvenile Arrest Supplemental Reports and arrest report narratives were reviewed todetermine whether the juvenile arrestee was advised of the right to make two telephone calls.The Department met this objective if the arrest report package indicated the juvenile arrestee wasadvised of the right to make two telephone calls within one hour after being taken into custody.


Eighty-seven (93%) of the 94 arrest report packages met the standards for this objective. TheDepartment did not meet the standard for the remaining seven selections:

Table No. 7 — Advisement of Telephone Calls (Main Population)


Central Area (Booking No. 3740360)

Hollenbeck Area (Booking No. 3653126)

77th Street Area (Booking Nos. 3694152 and3728253)

Olympic Area (Booking No. 3748769)

Topanga Area (Booking No. 3692842)

"Phone Calls Advised by:" section of Juvenile ArrestSupplemental Report was not completed.

Southeast Area (Booking No. 3708611)The arrest report package did not contain the required JuvenileArrest Supplemental Report, and there was no indication as to anadvisement of telephone calls in the report.


Fifty-three (90%) of the 59 arrest report packages met the standards for this objective. TheDepartment did not meet the standard for six selections.


Table No. 8 — Advisement of Telephone Calls (Gladys R. Population)

Bureau/Area/Division Finding Description

Pacific Area (Booking No. 3553029)"Phone Calls Advised by:" section of Juvenile ArrestSupplemental Report was marked "Parent Present."

Juvenile Division (Booking No. 3553038)


"Phone Calls Advised by:" section Juvenile ArrestSupplemental Report was not completed.

77th Street Area (Booking"Phone

No. 3612440) Calls Advised by:" section of Juvenile Arrest

Supplemental Report was marked "N/A Mother Present."

Operations-West Bureau (Booking No. 3651892)The arrest report package did not contain the requiredJuvenile Arrest Supplemental Report and there was nomention regarding advisement of phone calls in the report.

West Los Angeles Area (Booking No. 3743299)"Phone Calls Advised by:" section of Juvenile ArrestSupplemental Report was marked "N/A."

Other Related Matter

During the course of the audit, it was discovered that the Department Manual section 4/658.17requires arresting officers to advise juvenile arrestees of the right to make two telephone callswithin the first hour of arrest, while the Department Manual of Juvenile Procedures (section1795) requires arresting officers to advise juvenile arrestees of the right to make three telephonecalls within the first hour of arrest.

Additionally, the Juvenile Arrest Supplemental Report quotes section 627(b) of the WIC, statingthat the juvenile arrestee has the right to make two telephone calls within the first hour of arrest,combined with the disclaimer, "LAPD policy provides for a third call to be completed withinthree hours of being taken into custody" (see Recommendation No. 2).

Objective No. 5 — Timeliness of Telephone Calls

Criteria

Manual of Juvenile Procedures, Section 1795. Telephone Calls — Juvenile in Custody, states,"When a juvenile is taken to a place of confinement, the arresting officer shall be responsible forimmediately advising the juvenile of the right to complete three telephone calls within threehours of the time of arrest. Officers shall ensure that two of the telephone calls are completedwithin one hour of the time of arrest (one to a parent, guardian, responsible adult, or employer,and one to an attorney)."

Audit Procedures

The Juvenile Arrest Supplemental Reports and arrest report narratives were reviewed todetermine the timeliness of the telephone calls made by the juvenile arrestee. For the purpose ofthis audit, "timeliness" was defined as the first telephone call made within the first hour of arrest.The "time of arrest" was the time indicated on the arrest report face sheet.


Sixty-nine of the 94 in the main population, and 40 of the 59 in the Gladys R. population,indicated phone calls were made, according to the Juvenile Arrest Supplemental Reports.'

The Department met the standard if the arrest report package contained documentation of timelytelephone calls.


Thirty-three (48%) of the 69 arrest report packages met the standards for this objective. TheDepartment did not meet the standard for the remaining 36 selections:

Table No. 9 — Timeliness of Telephone Calls (Main Population)

Bureau/Area/DivisionNumber ofReports

Central — Central (2)/Hollenbeck (1)/Northeast (2)/Newton (1) 6South — Harbor (1)/77th Street (6) /Southeast (2)/Southwest (3) 12West — Hollywood (4)/Wilshire (2)/West Los Angeles (1)/Olympic (1)/Pacific (1) 9Valley — North Holl wood (4) Foothill (1)/Devonshire (2)/Topanga (1) 8Counter Terrorism and Special Operations Bureau — Metropolitan Division (1) 1

Total 36


Nineteen (48%) of the 40 arrest report packages met the standards for this objective. TheDepartment did not meet the standard for the remaining 21 selections:

Table No. 10 — Timeliness of Telephone Calls (Gladys R. Population)

Bureau/Area/DivisionNumber ofReports

Central — Central (1) 1South — Southwest (1)/Harbor (1)/77th Street (5)/Southeast (4) 11West — Pacific (1)/Olympic (1)/Operation-West Bureau, Registration Enforcement andCompliance Team (1)

3

Valley — Van Nuys (2)/North Hollywood (1)/Foothill (1)/Mission (1) 5Detective Bureau — Juvenile Division (1) 1

Total 21

6Twenty-five selections refused the right to make telephone calls, and were therefore not applicable to the relatedtesting criteria and excluded from the compliance rate calculation for this objective.


Objective No. 6 — Documentation of Telephone Call Refusal

Criteria

Department Manual section 4/658.17, Telephone Calls — Juvenile in Custody, states,"Immediately after being taken to a place of confinement, except where physically impossible, nolater than one hour after he/she has been taken into custody, the minor shall be advised thathe/she has the right to make at least two telephone calls from the place where he/she is beingheld, one call completed to his/her parent or guardian, a responsible relative, or his/heremployer, and another call to an attorney."

Audit Procedures

The arrest report packages were reviewed to determine if the juvenile arrestee refused the right tomake telephone calls, and if the refusal was properly documented on the Juvenile ArrestSupplemental Report. The Department met the standard if the "Refusal" section was properlycompleted on the Juvenile Arrest Supplemental Report and/or documented in the arrest reportnarrative.


Fifty-three (56%) of the 94 arrest report packages met the standards for this objective. TheDepartment did not meet the standard for the remaining 41 selections:

Table No. 11— Documentation of Telephone Call Refusal (Main Population)

Bureau/Area/Division Number of Reports

Central — Central (3)/Hollenbeck (1)/Newton (1)/Northeast (2) 7South — Southwest (1)/Harbor (2)/77th Street (5)/Southeast(5) 13West — Hollywood (1)/Wilshire (1)/West Los Angeles (1)/Pacific (2)/Olympic (3) 8Valley — Van Nuys (2)/West Valley (1)/North Hollywood (4)/Foothill (1)/Mission (1)/Topanga (2)

11

Operations-South Bureau — Criminal Gang and Homicide (1) 1Counter Terrorism and Special Operations Bureau — Metropolitan Division (1) 1

Total 41


Thirty-one (53%) of the 59 arrest report packages met the standards for this objective. TheDepartment did not meet the standard for the remaining 28 selections:


Table No. 12 — Documentation of Telephone Call Refusal (Gladys R. Population)

Bureau/Area/DivisionNumber of ReportsNot Meeting the

StandardCentral — Central (3)/Rampart (1) 4South — Southwest (1)/Harbor (3)/77th Street (4)/Southeast (5) 13West — Pacific (1)/Olympic (1)/West Los Angeles (1) 3Valley — Van Nuys (1)/West Valley (1)/North Hollywood (1)/Foothill (2)/ Topanga(1)

6

Detective Bureau — Juvenile Division (1) 1Operations-West Bureau — Registration Enforcement and Compliance Team (1) 1

Total 28

Objective No. 7 — Watch Commander Inspection and Interview

Criteria

Department Manual section 4/216, Taking Persons into Custody, states, "All persons detained orarrested and transported to a Department facility shall be brought before a watch commanderfor an inspection and interview. At a minimum, the watch commander shall ask the suspect thefollowing three questions:• Do you understand why you were detained/arrested?• Are you sick, ill, or injured?• Do you have any questions or concerns?

The watch commander shall take appropriate action based upon the results of the inspection andresponses to these questions."

Audit Procedures

Each Juvenile Detention Log was examined for documentation of the arrestee interview andinspection by a watch commander. Verification that the employee conducting such interviewwas assigned as the actual watch commander was based on review of the Watch Commander'sDaily Report. If verification could not be made based on the Watch Commander's Daily Report,the concerned supervisor's Sergeant's Daily Report, Form 18.49.00, was reviewed to verify theassumption of watch commander duties.

The Department met the standard if the watch commander's interview and inspection wasdocumented on the Juvenile Detention Log in accordance with Department procedures.


Eighty-nine (95%) of 94 arrests met the standards for this objective. The Department did notmeet the standard for the remaining five selections:


Table No. 13 — Watch Commander Inspection and Interview (Main Population)



Southwest Area (Booking No. 3666782)

Foothill Area (Booking No. 3750927)

The Sergeant interviewing and inspecting the juvenile arresteewas not listed as watch commander or assistant watchcommander on the Watch Commander's Daily Report. Theconcerned division was unable to provide a Sergeant's DailyReport.

Newton Area (Booking No. 3737093)

North Hollywood Area (Booking No.3741683)

The Sergeant interviewing and inspecting the juvenile arresteewas not listed as watch commander or assistant watchcommander on the Watch Commander's Daily Report. Inaddition, the Sergeant did not document assignment as AssistantWatch Commander in the Sergeant's Daily Report.


Fifty-six (98%) of the 57 arrests met the standards for this objective.' The Department did notmeet the standard for the remaining three selections:

Table No. 14 — Watch Commander Inspection and Interview (Gladys R. Population)


Central Area (Booking No. 3569676)

The Sergeant interviewing and inspecting the juvenile arresteewas not listed as watch commander or assistant watchcommander on the Watch Commander's Daily Report. Theconcerned division was unable to provide a Sergeant's DailyReport.

Objective No. 8 — Correct Detention Area

Criteria

Department Manual section 4/218.66, Temporary Detention of Juveniles in Department Facilities- Secure Detention of Juveniles, states, "Under secure detention, juveniles are locked in a room,holding tank, or enclosure and/or are physically secured to handcuffing benches, rails, chairs, orany stationary object. A juvenile held in secure detention shall meet all of the following criteria:

• The juvenile must be 14 years of age or older; and,• The juvenile must be in custody under authority of Section 602 WIC; and,• The officer has reasonable belief that the juvenile poses a serious security risk and/or

risk of harm to self or others; and,

'Two juvenile arrestees (Pacific Area, Booking No. 3553029 and Operations West Bureau, Booking No. 3561892)were unable to be evaluated and subsequently removed from this objective. A review of the juvenile arresteesshowed that they were not documented on the Non-Secure Juvenile Detention Log or the Secure Juvenile DetentionLog on the day they were arrested. They were identified as findings in Objective No. 8.


• The detention must be for the purpose of investigating the crime, facilitating release to aparent or guardian, or arranging a transfer to an approved juvenile detention facility."

Department Manual section 4/218.66, Temporary Detention of Juveniles in Department Facilities— Non-secure Detention of Juveniles, states, "Under non-secure detention, a juvenile's freedomof movement is controlled solely by Department employees, and the juvenile is under constant,in person observation and supervision. Non-secure detention prohibits the placement ofjuveniles in locked rooms or enclosures and prohibits physically securing juveniles to chairs,benches, handcuffing rails, or other stationary objects."

Audit Procedures

The arrest report package, Secure Juvenile Detention Log or Non-Secure Detention Log wereexamined to determine whether the juvenile was held in the proper detention area.

The Department met the standard if the information contained in the arrest report packagesupported the type of detention used to house the juvenile while at a Department facility.


Each (100%) of the 94 arrests met the standards for this objective.


Fifty-seven (97%) of the 59 arrests met the standards for this objective. The Department did notmeet the standard for the remaining two selections as indicated on Table No. 15.

Table No. 15 — Correct Detention Area (Gladys R. Population)

Bureau/Area Finding Description

Pacific Area (Booking No. 3553029)

Operations-West Bureau

(Booking No. 3651892)

The juvenile arrestee was not documented on the Non-SecureJuvenile Detention Log or the Secure Juvenile Detention Log.

Objective No. 9 — Length of Detention

Criteria

Department Manual section 4/218.66, Temporary Detention of Juveniles at DepartmentFacilities, states, "Juveniles shall not be held in temporary detention in a Department facility formore than six hours, regardless of age or type of offense. Regardless of the nature of the offenseor status of the investigation, juveniles shall be released to a parent, guardian, responsiblerelative or adult designated by the parent, or transported to a Los Angeles County Probation


Department juvenile detention facility prior to the expiration of the six-hour temporary detentiontime limit."

Audit Procedures

The Secure Juvenile Detention Logs and Non-Secure Juvenile Detention Logs were reviewed todetermine whether juvenile arrestees were held in temporary detention in a Department facilityfor more than six hours.

The Department met the standard if the juvenile detention at a Department facility was less thanor equal to six hours.


Each (100%) of the 94 arrests met the standards for this objective.


Each (100%) of the 59 arrests met the standards for this objective.'

Objective No. 10 — Gladys R. Questionnaire

Criteria

Department Manual section 4/202.30, Advisement of Constitutional Rights per WIC 625-Minors— Gladys R. Admonition, states, "When a minor under the age of 14 years is suspected ofcommitting a crime, and the officer plans on interrogating the minor, the minor's section of theGladys R. questionnaire shall be completed after the Miranda admonition has been given, butbefore the questioning begins. The parent, guardian, or other responsible adult section may becompleted anytime prior to filing the case with the District Attorney's office. The purpose of theGladys R. Questionnaire is to assist the District Attorney's office in proving that the minorunderstood the wrongfulness of his/her act.

Note: A Gladys R. Questionnaire is not required if the minor is only being admonished per 625WIC."

Department Manual of Juvenile Procedures section 725, Arrestee 13 Years-of-Age or Younger —Gladys R. Statement, states, "[.. 1 The statement, known as a Gladys R. statement, shall beincluded in the body of the Arrest Report, Form 5.2."

8The two juvenile arrestees that were not documented on the Juvenile Detention Logs (Objective No. 8, FootnoteNo. 7) were evaluated in this objective. The evaluation utilized the time the juvenile was arrested and the timehe/she was booked. Both arrestees were released or booked within the six-hour requirement.


Audit Procedures

The arrest report package was examined to determine if a Gladys R. (In-House Form 20) wascompleted.

The Department met the standard if a Gladys R. was completed when the juvenile arrestee wasunder the age of 14 and interrogation occurred and the form was included in the body of theArrest Report.

Note: Objective No. 10 - Gladys R., only relates to the Gladys R. selections. Additionally, 38 ofthe 59 Gladys R. population selections involved interrogation activities. The remaining 21 didnot involve interrogation techniques and were excluded from the assessment for this objective.


Thirty-three (87%) of the 38 arrest report packages met the standards for this objective.9 TheDepartment did not meet the standard for the remaining five selections:

Table No. 16 — Gladys R. Questionnaire (Gladys R. Population)


77th Street Area (Booking Nos. 3561051 and3760361)

Harbor Area (Booking No. 3589413)

Van Nuys Area (Booking No. 3692224)


The juvenile arrestee was interrogated in regard to the crime butthe arrest report package did not contain a Gladys R. (In-HouseForm 20).

RECOMMENDATIONS

1. It is recommended that Police Training and Education develop Roll Call training to addressthe proper completion of the Juvenile Arrest Supplemental Report with emphasis pertainingto telephone calls.

2. It is recommended the Department consider reconciling and modifying Department Manualsection 4/658.17, and Department Manual of Juvenile Procedures, section 1795, to match theDepartment requirement for juvenile arrestees to be offered to make at least three phone callswhen taken into custody (Objective No. 4).

9Thirty-eight of the 59 selections involved interrogation activities. The remaining 21 did not involve interrogationtechniques and were excluded from the compliance rate calculation for this objective.


3. It is recommended the Department consider modifying the Juvenile Arrest SupplementalReport, specifically the checkbox area that states "625 WIC Read Verbatim" to includeverbiage that explains the checkbox is to be checked off when not obtaining a statement froma juvenile arrestee (Objective No. 2).

ACTIONS TAKEN/MANAGEMENT'S RESPONSE

1. The audit findings were validated with the respective Area and division commandingofficers, who expressed general agreement.

2. The audit report was presented to the Commanding Officer, Juvenile Division, Director ofPolice Training and Education and the Director, Office of Operations.

january 23, 2015 14.2 from: chief of police subject ... · juvenile arrest procedures and process...

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