36C26119Q0672-003.pdf

Department of Veterans Affairs Washington, DC 20420

VA HANDBOOK 0730

Transmittal Sheet

A U G U ST 11; 2000

SECURITY AND LAW ENFORCEMENT

1. REASON FOR ISSUE: This handbook establishes procedures that implement the policies contained in VA Directive 0730, Security and Law Enforcement.

2. SUMMARY OF CONTENTS AND MAJOR CHANGES:

a. Summary. This handbook contains procedures for physical security, law enforcement, and training activities for the Department’s Security and Law Enforcement Program. It identifies responsibilities of the Office of Security and Law Enforcement and field elements in ensuring the protection of persons and property on Department property.

b. Major Changes

(1) Paragraph 5w. This paragraph adds procedures for the establishment and implementation of a Police and Security canine unit.

(2) Paragraph lOb( l)( ) pa rescribes the content of the chemical irritant projector as oleoresin capsicum. Paragraph lOb(2) includes the side-handle baton as a standard weapon for VA police officers.

(3) Physical security requirements and options, contained in appendix B, are updated.

3. RELATED DIRECTIVE: VA Directive 0730, Security and Law Enforcement.

4. RESPONSIBLE OFFICE: The Police and Security Service (07B), Office of Security and Law Enforcement, is responsible for the material contained in this handbook.

5. RESCISSION: VHA Supplement to MP-I, Part 1, Chapter 2, Section B, Center Security and Law Enforcement, dated July 23, 1986, Appendices A-C thereto, dated July 23, 1986, and Interim Issue 10-87-5, dated June 26, 1987.

CERTIFIED BY: BY DIRECTION OF THE SECRETARY

OF VETERANS AFFAIRS:

Acting Principal Deputy Assistant Secretary for Information and ‘Technology and Administration

DISTRIBUTION: RPC 3280

FD

August 11,200O VA HANDBOOK 0730

SECURITY AND LAW ENFORCEMENT

CONTENTS

T I T L E

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

PURPOSE

POLICE AND SECURITY UNIT ORGANIZATION AND STAFFING

HUMAN RESOURCES ISSUES

BASIC AND SPECIALIZED TRAINING

POLICE AND SECURITY OPERATIONS

PHYSICAL SECURITY

LAW ENFORCEMENT PROCEDURES

NATIONAL LAW ENFORCEMENT TELECOMMUNICATIONS NETWORK (NLETS)

SAFEGUARDING EVIDENCE AND PROPERTY IN THE CUSTODY OF POLICE

SYSTEMS

RECORDS AND REPORTS

WEAPONS

PARKING AND TRAFFIC CONTROL

POLICE UNIFORM AND APPEARANCE

USE OF FBI NATIONAL CRIME INFORMATION CENTER (NCIC) AND THE

PAGE

APPENDICESPPENDICES

A.

B.

C.

D.

E.

SPECIFIC MEDICAL STANDARDS FOR VA POLICE OFFICER

APPLICANTS AND INCUMBENTS

A-l

PHYSICAL SECURITY REQUIREMENTS AND OPTIONS B-l

TOPIC OUTLINE FOR STANDARD OPERATING PROCEDURE C-l

VA POLICE OFFICER UNIFORM (MALE OR FEMALE) D-l

DEFINITIONS E-l

SECURITY AND LAW ENFORCEMENT

1. PURPOSE

a. This handbook contains mandatory procedures for physical security, law enforcement, and training activities which implement policy for the VA’s Security and Law Enforcement program. It provides guidance in the technical and legal security and law enforcement methodology as applied in VA facilities located. on Department property, nationwide. The procedures listed below are mandatory.

b. This handbook is set forth solely for the purpose of internal departmental guidance. It is not intended to, does not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter, civil or criminal, and does not place any limitations on otherwise lawful act:ivities of the Department.

2. POLICE AND SECURITY ORGANIZATION AND STAFFING

a. Unit FTE

(1) The determination of police staffing levels is based upon a comprehensive vulnerability assessment to include the following:

(a) The size and physical dispersion of the VA facility (number of acres, buildings, parking areas, etc.).

(b) The geographic location of the VA facility relative to the setting within the community.

(c) Environmental conditions. The threat and incidents of crime vary with each locality. A stabilized high crime area or incidence of on-station crime combined with a large center, urban setting, or large acute psychiatric facility will require the defensive deterrent of a larger Police and Security unit (three officers or more on duty at all times).

(d) The impact of certain programs on the property such as drug or alcohol treatment, spinal cord injury, homeless veterans, blind rehabilitation, child care center;

(e) Total patient and employee population plus transient activity (employees, visitors, patients, vendors, etc.).

(f) Ability to meet the requirements of the Occupational Safety and Health Administration for protecting employees from violence in the workplace.

(2) For safety purposes, there should always be at least two VA police officers on duty, at all times, at any facility or division. However, the coverage of one VA police officer on a given shift may be sufficient if all of the following conditions are met:

(a) The jurisdiction of the facility is proprietorial and/or concurrent.

(b) Criminal activity in the community immediately surrounding the facility is below 7 percent based upon the Federal Bureau of Investigation Uniform Crime Reports.

(c) There is no more than one psychiatric ward at the facility or division.

(d) The facility experiences low levels of on-station crime.

(e) The facility experiences few patient-related disturbances.

(I) There are memoranda of understanding with local law enforcement agencies which ensure timely backup support for VA police officers.

(g) Patrolling VA police officers are equipped to make immediate and direct contact with the local law enforcement agency that has agreed to provide backup.

b. Shift Rotation. Chiefs, Police and Security units have the authority to temporarily exempt an officer from shift rotation due to law enforcement related educational programs, or when the officer is temporarily detailed to special duty assignments.

c. Duty Assignments. VA police officers will rotate among the various duty assignments within each shift in an equitable manner.

d. Continuous Coverage. VA police officer shifts will be established in such a way as to ensure continuous coverage during major employee shift changes.

3. HUMAN RESOURCES ISSUES

a. Pre-Employment Screening Process. The completion of VA Form 0120, VA Police Officer Pre-Employment Screening Checklist, is the joint responsibility of Human Resources Management Service and Police and Security Service. The following is a uniform process for conducting and documenting VA police officer applicant pre-employment qualification and suitability screening.

(1) Human Resources Management Service is responsible for:

(a) Reviewing applicants’ employment applications to determine whether qualifications under the current standards are present;

(b) Referring qualified applicants to the Chief, Police and Security unit for interview;

(c) Conducting telephonic interviews of former employers to verify listed qualifying experiences and work habits of tentatively selected applicants;

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(d) Scheduling medical examinations of selected applicants;

(e) Contacting the Security Office of the Office of Security and Law Enforcement to request the initiation of a Minimum Background Investigation (MBI); and

(f) Completing parts III and IV of VA Form 0120.

(2) Police and Security Service is responsible for:

(a) Informing applicants of job description and working conditions;

(b) Assessing candidates’ personal characteristics;

(c) Ensuring that any applicant previously employed as a VA police officer has successfully completed the VA basic law enforcement training course;

(d) Making a tentative selection;

(e) Conducting an arrest record check through Federal and state agencies;

(f) Conducting a structured interview that includes notifying the applicant of VA’s policies regarding weapons, arrest notification, and shift rotation.

(g) Completing parts I and II of VA Form 0120.

(3) Disposition of VA Form 0120 is as follows:

(a) Copy 1 of VA Form 0120 shall be retained in the office of the Director in a locked and restricted access file entitled VA Police Investigative Records File. This file shall be subject to the provisions of the Privacy Act system of records titled "OPM/CENTRAL 9.”

(b) Copy 2 of VA Form 0120 shall be mailed or faxed directly to Director, VA Law Enforcement Training Center, Building 10 1,220O Ft. Roots Drive, North Little Rock, AR 72114.

(c) All copies of VA Form 0 120 pertaining to non-selected applicants shall be destroyed.

(d) The VA facility’s copies of VA Form 0120 pertaining to hired police applicants will be retained on file until the employees are separated or reassigned from a VA police officer position.

(e) The Deputy Assistant Secretary for Security and Law Enforcement will establish a Central Police Investigative Records File for receiving and maintaining copy 2 of the facility’s VA Form 0120. The functions of this central monitoring activity will include:

1. The review of each VA Form 0120 received to ensure certification that the pre-employment screening process was completed.

2. The completion of a validating FBI National Crime Information Center (NCIC) check on every VA police officer hired.

b. Criminal History Record Checks

(1) As part of the pre-employment screening process and the completion of Part II of the VA Form 0120, criminal history record checks must be conducted on all VA police officer applicants under serious consideration. Each VA facility has three methods for establishing a source for criminal history record checks on police applicants.

(a) Arrangements with a county, municipal, or state police agency willing to service the facility’s requirements. Citing the FBI Originating Agency Identifier (ORI) number assigned and the purpose of “criminal justice employment,” a local police agency should willingly provide this support free or at a nominal charge. The VA facility will not pay county, municipal, or state police for such assistance where they furnish same free of charge to other entities within their jurisdiction, or they are obligated to do so as a matter of local law.

(b) A second method is through the nearest in-state VA facility having a state law enforcement system terminal. Cost sharing of equipment is appropriate to this arrangement.

(c) On an interim basis, the Office of Security and Law Enforcement in Central Office can provide full NCIC/NLETSCIC/NLETS criminal history record check service.

(2) The results of criminal history record checks must be handled responsibly as required by law. The authority to conduct criminal record checks will be reserved solely for valid investigative and pre-employment screening purposes.

c. Background Checks. Other Police and Security unit applicants not employed as VA police officers will have arrest record checks and references contacted.

d. Medical Standards. Appendix A specifies criteria for initial and annual physical and psychological examinations. Appropriate administrative action will be taken in the case of VA police officers who are determined by annual medical examination to possess lasting physical or emotional conditions which, in the judgment of examining physicians, prevent the officers from performing the functional requirements of the position.

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e. Weapon Policy and Arrest Reporting Notification. During initial processing, a VA Form 9044, Weapon Policy, Law Enforcement Jurisdiction, and Arrest Reporting, will be provided to each newly employed VA police officer for reading of Part I, the notification, and signing of Part II, the acknowledgment of notification.

(1) The Chief, Police and Security unit will counsel each VA police officer individually and ensure that the acknowledgment of policy notification is signed and placed in RCS 1 O-l, Item 29.

(2) The signed VA Form 9044 will be retained until the officer leaves employment.

(3) A VA police officer who is arrested for any offense, except for a non-criminal traffic violation, is required to inform the appropriate supervisor on the first working day that the officer reports to work after the incident.

(a) This report will describe the alleged offense(s), including whether a felony or misdemeanor, date of alleged offense(s), and the name of the arresting jurisdiction.

(b) The officer will not be required to make any incriminating statements violating the officer’s constitutional rights regarding the alleged offense(s) and the officer will be so apprised prior to submitting the report.

(c) The VA police officer will report the disposition of the charge as soon as it becomes available.

(d) All documentation related to the reported arrest will be filed in the VA Police Investigative Records File, “OPM/Central 9."/Central9.”

(e) The facility director or designee will advise the Director, Police and Security Service, VA Central Office, of the arrest by fax or telephonically within 1 working day after the initial notification of the officer’s supervisor. Information must include the officer’s name, alleged offense(s), whether the offense(s) is a felony or misdemeanor, date of alleged offense(s), and name of-arresting jurisdiction.

(f) The facility director will evaluate the reported incident as soon as possible and take appropriate action (including disciplinary and/or adverse actions) in consultation with Human Resources Management Service.

(g) The findings of the investigation and action taken will be reported to the Director, Police and Security Service, VA Central Office.

(h) The VA police officer’s arrest authority should be suspended at any time evidence is received or developed which would cause a reasonable person to conclude that it is appropriate to do so.

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4. BASIC AND SPECIALIZED TRAINING

a. Basic Training Enrollment. The names of VA police officers will be submitted immediately upon their appointments to the VA Law Enforcement Training Center (LETC), VA Medical Center, North Little Rock, AR, for course assignments. Requests for appointee training or cancellation of previous requests due to police separations or reassignments shall be made by teletype or fax containing the appointee’s last name, first name, middle initial, month and year of entry-on-duty, the last four digits of the appointee’s Social Security number, and gender. Examples of formats for requesting or canceling training are:

REQ. TRNG FOR SMITH, ROBERT A., EOD: Month/Year, SSN:,M

CANCEL TRNG REQ. FOR BURDETT, RHONDA A., EOD:Month/Year,F

b. Weapon Training. On-site training for weapon certification will be provided to newly appointed VA police officers within the second week of duty. This training will be conducted by VA police officers who are designated Authorized Weapon Trainers by the Deputy Assistant Secretary for Security and Law Enforcement in accordance with direction of the LETC.

c. Retraining & Recertification. When a VA police officer has been separated from a VA Police and Security unit for more than 6 months, the officer will be retrained and recertified before being issued a VA Form 1396, Weapons Authorization Card.

d. Initial Entry and In-Service Training. Immediately upon employment, all VA police officers will undergo a formal schedule of required initial entry training. Thereafter, continuing in-service training will be conducted to include required subjects as well as additional subjects determined locally as needed to maintain officer skills. Initial entry and continuing in-service training will be accomplished in accordance with guidance from the LETC.

e. CPR Training. VA facility orientation and mandatory yearly in-service training programs for VA police officers will include a cardiopulmonary resuscitation (CPR) course with content equivalent to the American Basic Life Support Course. This course will be conducted by an American Heart Association certified instructor.

f. Hazardous Chemicals. Annually, all officers will attend VA facility training programs required by Federal and state laws and regulations that deal with hazardous materials stored on VA property.

g. Training Course Records. All completed entry level and in-service training will be fully documented in accordance with guidance from the LETC. A record of completed training will be retained in RCS IO-l, items 25a and 25b.

August 11,20000 VA HANDBOOK 0730

5. POLICE AND SECURITY OPERATIONS

a. Standard Operating Procedure (SOP)

(1) Each facility will publish an SOP that will be consistent with the Department of Veterans Affairs Security and Law Enforcement policy, Federal laws, and VA regulations.

(2) This document must be safeguarded due to its contents. Distribution of the SOP will be made to each person in the Police and Security unit. Distribution to others will be limited to those persons at the facility on a need-to-know basis.

(3) Procedures will contain specific and detailed instructions and guidance on how to implement VA policy at the local level.

(4) The SOP will be reviewed annually and updated as needed. A sample listing of subject topics to be included in the SOP is found in appendix C of this handbook.

(5) Subject areas specifically affecting other personnel or organizations (e.g. parking, doors/gates hours, and Property Pass requirements) must be published and distributed to employees separately.

b. Police Operations Room

(1) The optimal location of the Police Operations Room is on the first floor of the main patient care building located adjacent to the highest potential trouble areas, i.e., admission area, lobby, etc.

(2) Basic equipment items to be considered in space and area selection are security surveillance television (SSTV) monitors, alarm signal devices directly wired from key facility areas, a radio transceiver console, telephones, a weapons storage locker, evidence safe, and the operations desk.

c. Essential Reference Material. The following references will be available to VA police officers at all times within the Operations Room: the SOP, current edition of “Federal Criminal Code and Rules”; Title 38, U.S.C Chapter 9; Title 38 CFR 5 1.218, state criminal statutes, and current VA Security and Law Enforcement training material available from LETC.

d. Bulletin Board. An official unit bulletin board will be maintained in the Operations Room to post official information, schedules and notices, and other pass-on information for which VA police officersicers are responsible.

e. Site Plan. A current site plan will be maintained in the Operations Room that identifies areas requiring special attention.

f. Restricted Area. The area encompassing radio communications, television monitors, and other sensitive communications equipment, and the Holding Room will be restricted from the general public and separated from the reception area.

g. Property Closure. Directors of all VHA facilities are responsible for establishing operating (business) and visiting hours. Notice to the public of these hours must be posted in prominent locations within facility buildings.

(1) VA Form 4793, Visitor Register, shall be used to record the names of individuals whose presence is not specifically authorized after business/visiting hours. The Visitor Register may be placed, as necessary, at several locations throughout a medical facility.

(2) Individuals must present a valid reason for their presence during these hours. If unable to justify their presence, these individuals will be ordered to depart the property. Persons refusing to depart the property or whose actions create a reasonable suspicion of criminal activity may be cited and/or arrested for trespassing as authorized by Federal law and VA regulations.

h. Emergency Communication and Response Capability. The following criteria are essential in fulfillinglfilling this function:

(1) The means for rapidly contacting center police from all areas of the facility during emergencies by telephone, radio, or duress alarms are ensured.

(a) There is a dedicated emergency telephone number listed in the facility telephone directory and posted on telephones throughout the facility.

(b) Procedures are established that will ensure that unanswered calls to the emergency number will automatically transfer to a police touch pad radio or to the operator’s office after no more than four unanswered rings.

(c) There is at least one designated identifiable police vehicle assigned to the Police and Security unit to ensure rapid response to emergencies. More than one such vehicle may be necessary depending upon local conditions and activity.

(2) Intrusion and other alarm systems will be connected to the Police Operations Room and to the telephone operator’s office or other area under continuous 24-hour monitoring.

i. Rapid Response. Procedures will be established and periodically tested to ensure the capability for rapid response of VA police officers on patrol to troubled areas and for handling other police emergencies as determined locally, e.g., bomb threats, demonstrations, hostage negotiations, and disaster plans.

j. Radios

(1) VA police officers will be provided portable two-way radio units for use at all times while on duty.

(2) Such radios will include a frequency dedicated exclusively for police use to facilitate instant communication and direction during emergencies.

(3) The radio system is designed to prevent “dead spots” from interrupting communications and will ensure that voice transmissions are easily heard.

(4) Police routine contact procedures are established to include a communications check every 30 minutes during periods in which no other radio communications have occurred. Such communications are documented in VA Form 1433, VA Police Daily Operations Journal.

k. Shift Briefings. Shift briefings and inspection of officers will be conducted by shift supervisors/team leaders at the beginning of each shift. At those facilities without shift supervisors, shift briefings and inspections will be conducted by a designated accountable officer for that shift.

1. Keys. Keys to all specially keyed areas not on the Great Grand Master key, e.g., Pharmacy, Agent Cashier, Canteen, A&MM Warehouse, will be available to police in the event of an emergency.

(1) Such keys will be maintained in a secure manner and utilized only when needed.

(2) Policy and procedures exist which ensure that any usage of such keys is documented.

m. Assessment of Operations. The duty schedule of the Chief, Police and Security unit or designee will be varied as necessary to ensure an accurate assessment of the service’s 24-hour operation. Such assessments will be documented on VA Form 1433.

n. Police Patrol Vehicles

(1) Police patrol vehicles will be equipped with emergency lights and devices conforming to the Motor Vehicle Code of the state in which the facility is located.

(a) Provisions of the State Motor Vehicle Code will be followed in the use of emergency running equipment and the operation of such vehicles under emergency conditions.

(b) Vehicles will be configured using standard equipment barrier devices and door handle defeats to separate the rear transport seating area from the front seat.

(c) All vehicles will be equipped with a 2-3/4 lb. ABC multi-purpose fire extinguisher and a basic emergency first aid kit.

(2) Police patrol vehicles will not be used in any manner which endangers pedestrians or property. Detailed operating procedures will be written at each facility and coordinated through the local Regional Counsel.

(3) VA police officersficers who operate a motor vehicle will possess a valid state operator’s license.

(4) VA Form 5338, VA Police Vehicle Decals, for the door of the vehicle will be obtained from the Office of Security and Law Enforcement.

o. Facility Layout. VA police officers will be thoroughly familiar with the layout of VA facility buildings and grounds to include wing and room numbering systems. Post-hiring orientation and entry level training will provide a new VA police officer with the knowledge necessary to rapidly respond to a troubled area without reference to a diagram.

p. Police Officer Patrol

(1) Patrol routes will be planned by the Chief, Police and Security unit to ensure random patrol patterns, to meet special requirements, and to provide maximum police visibility in all areas as frequently as possible.

(2) VA police officers will be assigned to vigorous and inquisitive patrol activity that will provide the greatest frequency of visibility in corridors, wards, stairwells and building perimeters. In addition, VA police officers will periodically patrol canteens, recreational centers, and all areas open to patients and the public which are favored meeting places for illegal drug and alcohol transactions.

(3) Patrol plans will include the visible positioning of VA police officers in or near parking lots at the time of peak shift change taking place during hours of darkness.

(4) Patrol plans will identify those areas of the facility that are to receive resource priority during staff shortages.

(5) Patrol plans require that only one VA police officer at a time be assigned to vehicle patrol.

(6) Brief but cordial conversation with patients and employees during patrols is encouraged.

However, it is essential that patrolling VA police officers do not participate in patient recreational activities or allow personal conversation or activity to interrupt patrol movement beyond that necessary for mission accomplishment.

(7) All unsafe conditions found during patrol are to be reported, documented in the Daily Operations journal, and rechecked within 24 hours for satisfactory correction.

q. Confiscation of Drugs and Alcohol

(1) Illicit narcotics, drugs, and related paraphernalia, including that taken from patients by medical staff personnel, will be promptly turned over to the Police and Security unit for inventory, preservation as evidence, and secure storage.

(2) The area office of the Drug Enforcement Administration (DEA) will be contacted for disposition advice on illegal substances. Instructions will vary according to the location of the VA facility and the quantity of drugs seized.

(3) Confiscated alcoholic beverages will be disposed of in accordance with facility policy and consistent with properly delineated evidence procedures.

r. Parked Vehicles. VA police officers will question occupants of vehicles parked on the facility grounds during non-visitation hours and direct the removal of any vehicles whose occupants cannot present a valid reason for their presence.

s. Package Inspection

(1) To deter the introduction of contraband and bombs, directors are authorized to implement procedures requiring patients, visitors, and employees to consent to inspection of all categories of packages as a condition of admittance.

(2) Directors will post a notice of consent to inspection as a condition of admittance through prominent interior display of signs visible from all entrances. Posted signs will contain the following block statements:

“Introduction of weapons, unauthorized drugs, and alcoholic beverages on this property is prohibited. (Title 18 U.S.C. $ 930 and Title 38 CFR §

1.218).

Persons entering this property consent to an inspection of all packages, luggage, and containers in their possession when arriving.

Refusal of consent to search is basis for the denial of admittance.

Violators are subject to arrest and prosecution.

Refusal of consent to an authorized search by medical personnel is basis for discharge..”

(3) The exercise of this inspection authority will include:

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(b)

Routine inspection of all suspicious packages carried into facility buildings;

Implementation of package inspection procedures following bomb threats and during civil disturbances;

(c) Denial of admission to VA property of persons refusingfusing package inspection; and

(d) Discharge for refusal of consent to an authorized search by medical personnel.

(4) VA police officers are authorized and required to conduct investigative stops of all persons leaving VA facility buildings and grounds who are in possession of packages or materials when such possessions or actions raise reasonable suspicion that a crime is being or has been committed. In such instances packages may be searched if the consent of the bearer is given.

(5) To facilitate authorized removals of Government property, to deter unauthorized removals, and to expedite the investigative stop, all facilities shall utilize the VA Form 0072, Property Pass. Facility use and accountability of VA Form 0072 will be established by facility directors.

t. Firearm and Dangerous Weapon Prohibition (18 U.S.C. 0 930). The following notice will be posted conspicuously at each public entrance to the facility:

Whoever knowingly possesses or causes the presence of a firearm or other dangerous weapon on the grounds or buildings of this facility, or attempts to do so, is subject to fine or imprisonment of not more than one year, or both.

18 U.S.C Section 930a.

Whoever intends that a firearm or other dangerous weapon be used in the commission of a crime and knowingly possesses or causes the presence of a firearm or other dangerous weapon on the grounds or buildings of this facility, or attempts to do so, is subject to fine or imprisonment of not more than five years, or both. 18 U.S.C Section 930b.

u. Special Security - Dangerous Weapons and Contraband

(1) In addition to the proper posted signs, notification regarding prohibition of weapons and alcohol should be made through pre-admission mailouts.

(2) All VA facility and domiciliary patients will be informed of the prohibition against the introduction of guns and dangerous weapons at the time of admission and required to dispose of or surrender these items.

(3) Directors will ensure that procedures for the inspection of personal property and inventory of valuables of patients at the time of admission (M- 1, pt. VII, ch. 9) include a thorough examination of personal belongings by admissions or medical personnel for prohibited possessions such as alcohol, guns, ammunition, and other dangerous items.

(4) Patients admitted directly to wards or admitted after normal business hours will be required to allow an inspection of all belongings and a pat down of clothing which will be accomplished by medical personnel. A patient who refuses to submit to an authorized search by medical personnel may be discharged.

(5) When there is reason to believe, through a statement or action, that there exists a threat against another person, immediate action to locate a concealed weapon will be initiated by VA police officers.

(a) This is considered a search due to exigent circumstances.

(b) A threatening patient or employee will be frisked and any possessions will be searched for weapons.

v. Transfer at Shift Change. Keys and other facility items such as radios and equipment are accountable and formally transferred at each shift change. Discrepancies are noted and entered in the VA Form 14313.

w. Canine Units. The establishment of a canine unit at a VA facility is authorized in accordance with the following:

(1) The primary consideration in the decision to establish a canine unit is the need for an animal to assist in the search and location of missing patients. Secondary is the need for an animal to search for illicit drugs, contraband, or explosive devices.

(2) A canine unit should not be established for the primary purpose of patrol and apprehension.

(3) A canine that is classified as “aggressive” is not acceptable for a VA canine unit.

(4) All canines and their handlers must attend and successfully complete a training/evaluation course recognized by the Office of Security and Law Enforcement. Required training will be coordinated with the Director, VA Law Enforcement Training Center. Canines and handlers must also participate in both formal and informal in-service training.

(5) Each facility which utilizes a canine will establish written procedures as follows:

(a) Canine and handler qualifications and training;

b Canine use and care;

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(f) Patrol activity;

(g) Use of force by canine unit; and

(h) Canine bites or injuries.

(6) The use of the canine to establish probable cause requires that the canine officer maintain necessary records and documents which show the proficiency of the canine in detecting the type of item being sought ( e.g. drugs, explosives).

(7) The utilization of the canine unit for inspecting and searching activities will be bound by the following:

(a) Open Areas. The canine may be utilized to randomly sniff inanimate objects, such as luggage or packages, for the purpose of locating a controlled substance or other contraband that is located in public areas such as lobbies, hallways, and waiting rooms. Efforts shall be made to ensure that the use of the canine be accomplished without interference or annoyance to persons or interruption of facility operations.

(b) Persons. The sniffing of a person by a canine is permitted only after determining that:

_l_. There is a reasonable suspicion to believe that the person is in possession of illegal narcotics or contraband; or

2. The sniffing is necessary as part of an effort to locate a missing patient.

(c) Residence. Using a canine to sniff the interior, exterior, or immediate area of an individual residence on VA property for a controlled substance or other contraband is not permitted without a search warrant or appropriate consent (see par. 7f(4)).

(d) Patient Ward Common Areas. A canine may be used to sniff common areas of a patient ward, to include the airspace outside patients’ rooms, only after it has been determined that a reasonable suspicion exists to believe that a controlled substance or other contraband is located on the ward.

(e) Private Hospital Rooms. A canine shall not sniff inside private hospital rooms and the items therein unless there is probable cause to do so or unless the patient gives consent.

(f) Semi-Private Rooms. The same rule applies to semi-private rooms as applies to private rooms. Additionally., one of the patients who occupies a semi-private room may give consent for the canine unit to enter the room and sniff the consenting occupant’s area of the room to include bed, night stand, closet and personal belongings, but may not give consent for the canine to sniff those same areas of any other occupant of that room.

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(f) Semi-Private Rooms. The same rule applies to semi-private rooms as applies to private rooms. Additionally, one of the patients who occupies a semi-private room may give consent for the canine unit to enter the room and sniff the consenting occupant’s area of the room to include bed, night stand, closet and personal belongings, but may not give consent for the canine to sniff those same areas of any other occupant of that room.

(g) Items in Ward or Patient Rooms. A search warrant or consent to search shall be required for a canine to sniff areas or containers in a patient ward or hospital room where a person has a reasonable expectation of privacy (e.g. bed stands, lockers, closets) except in the following circumstances:

1. Incident to a lawful arrest; or

2. Under a compellinglling exigency. Examples of a compelling exigency are:

3. A statement of a threat by a patient or member to shoot, kill, or harm another.

b. The existence of reasonable suspicion to believe that a patient has concealed a potentially harmful material or item on himself/herself or within belongings or furnishings, which if used would jeopardize the patient’s life or the lives of others.

(h) Offices and Effects. An employee may establish a reasonable expectation of privacy in a government office, locker, desk, file cabinet etc., through the exclusive use of the area by the employee. A canine shall not randomly sniff inside a private office, but may sniff the exterior of a private office. A canine may randomly sniff the exterior of lockers, desks, or file cabinets as long as the locker, desk, or file cabinet is located in an area where the employee has no reasonable expectation of privacy such as an area accessible to numerous employees.

(i) Action Upon An Alert by the Canine. When a sniff results in a positive action by the canine indicating that there is probable cause to believe that a controlled substance or other contraband is inside an office, package, desk, locker, night stand, closet, or other container, a search warrant or voluntary consent to search shall be obtained, unless a compelling exigency exists.

(j) Motor Vehicles

1. A canine may randomly sniff the exterior of a motor vehicle parked on VA property.

2. A canine may sniff the exterior of a motor vehicle during the normal course of a traffic stop or other appropriate detention of the vehicle after it has been determined that there is reasonable suspicion to believe that the vehicle, or a person in the vehicle, contains a controlled substance or other contraband. The length of time during which the vehicle and its occupants may be reasonably stopped or detained shall not be extended solely for the purpose of locating the canine to sniff the vehicle.

3. Once a positive reaction by the canine results from a sniff of the exterior of the motor vehicle indicates that there is probable cause to believe that the motor vehicle contains a controlled substance or other contraband, a search warrant should be obtained for the search of the vehicle unless it is not practicable to do so. If it is not practicable to obtain a search warrant, the officer may search the vehicle and any containers therein, locked or unlocked, which may contain the item(s) the officer is searching for, without a warrant.

(k) Action Upon Discovery of a Controlled Substance or Other Contraband

1 In the event that a search discloses a controlled substance, contraband, or other evidence of a crime, the U.S. Attorney will be consulted regarding the appropriate arrest action to be taken.

2 Prosecutive action will not be pursued based on the fruits of a compelling exigency search unless the contraband seized is evidence of a serious criminal activity. The advice of the U.S.

Attorney will be obtained prior to a decision on arrest action. Each exigency basis search of a patient’s belongings or furnishings will be noted in the medical record.

(8) In the event of a bomb threat, a canine trained to locate an explosive device may be utilized to search in all areas of the property where such a device may be found.

x. Threats Against the President, Vice-President, the Judiciary, Federal Property and Facilities, and the Secretary of the Department of Veterans Affairs.

(1) Any threat to harm the President of the United States, the Vice-President, and/or any other U.S. Secret Service protectee, as enumerated in Title 18 U.S.C. $879, must be immediately reported to the nearest U.S. Secret Service Field Office. Documentation of this notification must be included in VA Form 1393, Uniform Offense Report. The Office of Security and Law Enforcement must be advised of this threat no later than the morning of the next business day.

(2) Any threat against the judiciary, a member of Congress of the United States, the United States Capitol, or any Federal property or building must be immediately reported to the FBI.

Documentation of this notification must be included in VA Form 1393. In a case of a threat against the U.S. Capitol, the FBI will advise the U.S. Capitol Police.

(3) A threat against the Secretary of the Department of Veterans Affairs is a felony violation of Title 18 U.S.C. 0 115(a)(l). All threats against the Secretary must be reported to the Office of Security and Law Enforcement and the facts presented to the local U.S. Attorney’s Office for a prosecutive opinion.

6. PHYSICAL SECURITY

a. Physical Security Planning. Effective physical security requires planning for:

(1) Protection of persons, resources and property;

(2) Prevention of criminal loss or theft of vulnerable supplies, equipment, and property; and

(3) Practical and economical application of technical security aids to augment optimum utilization of police officers for protection of VA facilities.

b. Schedule II through V Drug Security. Bulk supplies of dangerous drugs, i.e., all substances listed on Drug Enforcement Administration Schedules II through V require three layers of physical security. These layers consist of:

(1) A security double locked room perimeter;

(2) A locally sounding intrusion detection system that would positively alert VA police in the event of unauthorized entry;

(3) A locked steel Class V safe or vault containing bulk supplies of drugs.

c. Physical Security Surveys

(1) Physical security surveys will be conducted annually to ensure the effective planning and utilization of security resources. These surveys will be conducted in accordance with guidance provided by the LETC.

(2) External and internal crime threat vulnerabilities will be evaluated during the physical security survey.

(3) Results of physical security surveys will be:

(a) Forwarded to the affected services through the Associate Director for corrective action;

and

(b) Used to develop police patrol and operational procedures to provide the most appropriate crime detection and prevention measures.

(4) The Chief, Police and Security unit will follow up with affected services to ensure that recommended corrective action has been taken.

d. Technical Aids to Security

(1) In addition to the minimum requirements for physical security contained in appendix B of this Handbook, supplemental security equipment may be selected and installed to assist in providing optimum security through passive prevention or active detection of intrusion or illegal activity.

(a) Passive prevention may consist of fences, walls, locked doors, high security locks, approved safes, etc., that prevent or deter access.

(b) Active detection systems are technical aids which alert/signal monitoring police personnel of an intrusion into protected areas. Examples are ultrasonic detectors, SSTV cameras, and exterior door opening alarms.

(2) The Chief, Police and Security unit is responsible for planning all security systems and ensuring their operationion and monthly inspection.

(3) Guidelines for planning, selecting, and using supplemental security equipment are:

(a) The equipment will satisfy a bona fide requirement for spot or zone coverage of an area which has a true potential for crime and which cannot be patrolled to the extent desirable.

(b) The equipment is not intended to replace the functions of the police staff. The highly visible VA police officer remains the best deterrent to criminal activity.

(c) Annunciators and camera monitors must be located in an area continuously monitored by VA police to ensure an immediate and appropriate response.

(4)

(a

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VA HANDBOOK 0730 August 11,20000

Security Surveillance Television (SSTV) Systems

Considerations in the design, selection, and utilization of an SSTV system are:

Camera locations should be restricted to high priority areas of need, based on the potential for criminal activity.

2. Cameras with in-lens motion detectors which generate visual and audible alarm signals in the Police Operations Room are recommended for areas that require a higher level of security during non-business hours.

3. The number of camera monitors employed within the Police Operations Room should be limited to ensure maximum probability of observation. The suggested maximum number of monitors is ten.

4. Plans for operation of the equipment will include appropriate provisions for monitoring schedules, daily performance checks, alarm response procedures, and substitute coverage during maintenance or breakdown periods.

(b) Both the Office of Security and Law Enforcement (07) and the Special Systems Consultant Division (194D) may be contacted by telephone for advice.

(5) Use of Magnetometers:

(a) For the purpose of detecting concealed weapons, the establishment of walk-through metal detection screening stations and/or the use of hand-held metal detectors is authorized. The establishment of a metal detector screening station will require:

1. A threat evaluation that indicates the community is experiencing a marked degree of street violence and that a sizable number of patients and employees habitually bear concealed weapons.

2. An assessment of employee concerns for safety and security in the workplace.

2. The dedication of no less than two VA police officers to the operation of this fixed post at all times of operation. Since the purpose of this device may result in weapon confrontations, it is essential that management recognize and adhere to this requirement in planning for police staffing needs.

3. The wearing at all times of bullet resistant body armor by police personnel staffing this station.

5. The securing of all other building entrances used by employees, visitors, and patients and the enforcement of this practice.

6. The use of a stationary walk-through detector unit or a hand-held detector unit consists of a voluntary, “hands off’ search procedure. A prominent notice must be posted advising persons that a voluntary search by a metal detector is a condition for admittance. The notice should read as follows:

NOTICE OF WEAPONS SEARCH

THE POSSESSION OF ANY WEAPON BY PERSONS ENTERING THIS BUILDING IS

PROHIBITED BY LAW (38 CFR $1.218 (a)( 13)). PERSONS ENTERING THE BUILDING

CONSENT TO A PERSONAL SEARCH BY METAL DETECTOR AND TO THE

INSPECTION OF ALL PACKAGES, LUGGAGE AND ALL CONTAINERS IN THEIR

POSSESSION. METAL DETECTOR CANNOT HARM YOU AND WILL NOT AFFECT

PACEMAKERS, HEARING AIDS, OR FILM. REFUSAL OF CONSENT TO SEARCH IS

BASIS FOR DENIAL OF ADMITTANCE. PERSONS LEGALLY AUTHORIZED TO

POSSESS FIREARMS MUST REPORT TO THE CENTER POLICE.

MEDICAL CENTER DIRECTOR

1. Officers responsible for the operation of hand-held or walk-through metal detectors must receive and satisfactorily complete training on the operations of hand-held and walk-through metal detectors.

(b) Plans to initiatee a weapon screening station should include coordination with Veterans Service Organizations.

(6) Use of Recording Devices

(a) Police telephone logger-recorder systems for recording incoming public emergency and radio transmissions are authorized when performed for law enforcement purposes.

.l1_. Such systems are authorized and appropriate only where a Police and Security unit maintains an operations room which is staffed on a 24-hour basis.

2. Prior to establishing a telephone logger recorder system, written authority shall be obtained from the facility director or designee.

calls

2. Policies and procedures for the operation of the telephone logger recorder system shall be established and included in the SOP.

4. Recording shall occur at any time during the course of law enforcement business and only on the recorder system approved and authorized herein.

5. Recording shall be made, monitored, or operated only by persons authorized and approved by the facility director or designee.

6. Tapes made during monitoring will be properly labeled and stored in a secure area for a period of 3 years. Until the 3 year period has elapsed, no tape will be erased or altered from its original condition.

1. Access to tapes used or stored and any records which pertain to them, will be limited to those persons authorized by the facility director or designee. Disclosure will be made only in compliance with Federal statutes and VA policy.

&. Any person who listens to a recorded communication made utilizing the telephone logger system will make a notation on a written log. This notation will include the identification of the person listening, the identification of the tape, the date and time of the recording, the identification of the caller, if known, and any action taken.

9. Calls received by way of the telephone logger-recorder system will not be monitored to ensure quality public service.

(b) The use of body microphones and recording devices are authorized for investigative purposes only.

1. This use must be authorized by the Deputy Assistant Secretary for Security and Law Enforcement.

2. Use of any device to overhear or record conversations without the participants’ consent must be accomplished in accordance with the U.S. Attorney General’s guidelines on communication interception by Federal law enforcement personnel.

1. The use of recording devices is not authorized for the routine taping of conversations during patrol and other duty activities.

(c) Tape and video recorders may be used during interviews and interrogations with the knowledge of the persons interviewed.

(7) Inspectors for Field Operations may be consulted for advice on the selection of technical aids to security.

7. LAW ENFORCEMENT PROCEDURES

a. Basic Requirements. The following are basic requirements for the proper development and implementation of law enforcement capabilities:

(1) Determine the type of jurisdiction exercised at the medical facility.

(2) Establish liaison with appropriate Federal, state, and local law enforcement agencies, attorneys, and court officers.

(3) Establish liaison and agreements with the local Office of Investigations, VA Office of Inspector General. This will include degree of investigative involvement and other necessary criteria.

(4) Establish workable support agreements with law enforcement officials.

(5) Maintain an up-to-date directory which provides the specific names, locations, and telephone numbers of proper contacts for anticipated emergencies.

(a) These numbers will be prominently posted in the police operations room.

(b) Recommended contact agencies include the FBI, and other appropriate Federal, state, and local law enforcement agencies.

(6) Establish procedures for promptly requesting the assistance of local public safety agencies in life threatening situationsituations (e.g., bomb threats, firearm brandishment, and hostage situations).

(7) Obtain agreements from the FBI which establish local dollar threshold values, degree of investigative involvement, and any other necessary criteria.

b. Statutory Arrest Authority

(1) Employees who are duly appointed as VA police officers will have the authority to enforce Federal laws and VA regulations with respect to acts occurring on Department property, to arrest persons on Department property for offenses committed on that property, and to make arrests on warrants issued by a proper…