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Most Wanted Interpretations Prisoner TransportationSome confusion exists between Standard 71.4.1: Vehicles used primarily for transporting prisoners must have the driver separated from the prisoner by a safety barrier, and Standard 71.4.2: If prisoners are routinely transported alone in the rear of agency vehicles, the rear compartments are modified to minimize opportunities for exit without the aid of the transporting officer. Agencies mistakenly see the intent of 71.4.1 as applicable for all patrol vehicles. This is not the case; rather, it is intended for the customary “prisoner transport van,” “paddy wagon” or other standard vehicle whose primary use is for prisoner transportation. Other transport vehicles might include a standard marked patrol car or an unmarked car, designated and used primarily as a prisoner transport vehicle. Such vehicles could include a vehicle used solely for warrant service detail, whereby the vehicle’s primary use will be transporting prisoners arrested on warrants. The key word in the standard statement is “primarily”. Staff routinely receives calls from accreditation managers asking if all patrol vehicles must be equipped with safety barriers. The answer is no. Standard 71.4.1 applies only to those vehicles used specifically for prisoner transport. Standard 71.4.2 is applicable to all agency vehicles, marked or unmarked, where prisoners are transported in the rear seat and no officer is present in the rear seat to control the actions of that prisoner. Standard 71.4.2 Commentary states: “Cages, safety barriers, or removal of window cranks and door handles from the rear compartment will satisfy compliance with the requirements of this standard. Written policy generally prohibiting rear compartment transport by a single officer will also satisfy compliance.” The standard does not apply when the agency requires a secondary officer, other than the driver of the vehicle, to be present with the prisoner in the rear compartment of the vehicle, or if the agency requires front seat transport of prisoners. In summary, if your agency has a vehicle used primarily for transporting prisoners, then you must comply with Standard 71.4.1 for that vehicle. However, if you do not have such a vehicle, Standard 71.4.1 would be non-applicable by function for your agency. All agencies would be expected to comply with 71.4.2 for any vehicles routinely used for patrol or investigative purposes, or any other purpose that would include placing a prisoner alone in the rear seat of that vehicle without the presence of a secondary officer. If you still have trouble categorizing your vehicles and applying the correct standards, contact your CALEA Program Manager for guidance.
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