Richard "Randy" Cox in prisoner transport van after striking his head: new policy shifts rides to cruisers, with seat belts.
Officers shall not speed — or use cellphones — while transporting seatbelt-secured prisoners.
They shall transport arrestees in the back of police cruisers, not conveyance vans.
And they must ask detainees if they need medical help. If the answer is, “Yes,” then officers must seek out that care on the spot.
Those requirements are laid out in a new three-page special order that then-Acting Police Chief Regina Rush-Kittle signed into New Haven Police Department (NHPD) policy on July 3.
That newly adopted policy is called “Special Order 22 – 03, Prisoner Transportation.” It is printed in full at the bottom of this article and available to read here.
During a Thursday morning press conference on the third floor of police headquarters at 1 Union Ave., Mayor Justin Elicker and newly minted Police Chief Karl Jacobson joined Rush-Kittle — who has moved back to her previous role of city chief administrative officer — to talk through the new policy in detail.
Key moments of the police arrest, transport, and detention of Richard Cox.
Elicker and Jacobson framed the policy as coming in direct response to the June 19 incident that left 36-year-old New Havener Richard “Randy” Cox hospitalized and paralyzed after suffering a severe injury to his spine while in police custody.
Five officers have been placed on paid administrative leave in that incident, which is being investigated by the state police. The incident sparked a “Justice for Randy” march planned in New Haven beginning at the Stetson Library on Dixwell Friday at 5 p.m.
A provision in the new policy requires officers to proactively ask transported prisoners if they need medical assistance — and then to immediately seek out on-site medical help if the prisoner says yes. The mayor referred to the special order as “Medical Miranda Rights.”
Thomas Breen photo
Chief Jacobson.
The department’s training, policies, and procedures regarding how to convey detainees and how to treat prisoners in apparent medical distress have come under great public scrutiny in the weeks after Cox’s in-custody injury while being transported in the back of a seatbelt-less van and his mishandling by detention center police officers who accused him of just being drunk and not paralyzed.
This new policy, Elicker and Jacobson said, is designed to address those very concerns. It will ultimately be submitted to the Board of Police Commissioners for formal adoption as a new general order.
“What happened to Mr. Cox was unacceptable, and we’re deeply committed to making these necessary changes for the City of New Haven, for the family, and for the integrity of the police department,” Elicker said.
Jacobson and the mayor spoke about visiting Cox in the hospital on Wednesday and seeing just how dire of a condition he remains in. “It was a very tough thing to see,” Jacobson said, “but I think it’s important for us to see it, because it’s our job to fix it. I’m never going to forget meeting him, him attempting to talk. It was a very emotional thing.”
Jacobson, a 15-year NHPD veteran who was sworn in as chief on Wednesday, said he wants officers in the department to know that: “Yes, you can make mistakes, but you can’t treat people inhumanely.”
Elicker also said on Thursday that all city police officers are currently participating in both ABLE (Active Bystandership for Law Enforcement) training and ICAT (Integrating Communications, Assessment, and Tactics) training.
He said that the city will be hosting public safety town halls with the new police chief on July 14 at 6 p.m. at Hill Regional Career High School at 140 Legion Ave., on July 26 at 6 p.m.at Family Academy of Multilingual Exploration at 255 Blatchley Ave., and on Aug. 3 at 6 p.m. at Hillhouse High School at 480 Sherman Ave.
No Speeding. No Cellphones. "Medical Miranda"
So. What’s in the new policy?
As described by Jacobson and Elicker on Thursday, some of the key requirements include:
• The primary means of transporting prisoners shall now be a marked police cruiser. Conveyance vans, like the one that Cox was injured in, shall only be used in special circumstances and when transporting prisoners to court. (The city is also now no longer using prisoner conveyance vans that don’t have seatbelts, as was the case with Cox’s transport.)
• All prisoners being transported by police must be secured by a seatbelt while in transit.
• Officers shall not drive at a speed above the posted speed limit while transporting prisoners. (The officer who was driving Cox at the time of his injury appeared to be driving 36 miles per hour in a 25 mile-per-hour zone when he stopped abruptly to avoid a car crash, sending Cox — who was handcuffed and unsecured in the back of the van — flying headfirst against the van’s front wall.)
• Officers are prohibited from using cellphones “without a hands-free device” while transporting a prisoner.
• Officers are required to ask prisoners both prior to transport and upon arrival at the detention facility “whether the prisoner is injured and/or needs medical assistance. These questions and responses shall be recorded on the Officer’s body-worn camera. If a prisoner is injured, complains of injury, appears to be in an unstable medical or mental health status, appears to be in need of medical attention, or requests medical attention prior to transport, the Officer shall immediately contact their supervisor and request that an emergency medical service (EMS) be dispatched to the current location.”
• If a transported prisoner is injured, complains of injury, or appears to need medical attention, the officer shall pull to the side of the roadway, immediately notify the dispatcher and request that an emergency medical service be dispatched to the current location.
“Some of this is reiterating very, very explicitly what is existing policy,” Elicker said on Thursday. “Some of this is additional. It’s also clarifying existing policy.”
He stressed that “the additional thing that’s very important here is the officers [are] required to ask at the time of arrest and upon arrival” at the detention facility if the prisoner is injured or needs medical care. He said that part of the local policy was modeled off of proposed state legislation providing for similar “medical Miranda” rights.
The current prisoner transportation policy left some room for “interpretation,” Jacobson said. “This says, ‘You shall do these things,’ ” including making sure that prisoners get immediate medical help on the spot if they’re injured.
What exactly does the current prisoner transportation policy say?
Those rules are codified in General Order 5.02, Prisoner Transportation, which was approved by the police commission and signed by then-Chief Dean Esserman in 2016.
One section of that 2016 policy reads: “If the transporting officer becomes aware that a prisoner may be in distress, he/she shall immediately notify the dispatcher and render assistance when it is safe to do so.”
Another section of that 2016 policy reads: “Prisoners requiring immediate medical treatment will be evaluated by medical/ambulance personnel called to the scene. If deemed necessary by medical personnel, the prisoner will be transported to the hospital by ambulance.”
Read the full new special order below.
Special Order 22-03 Prisoner Transportation
PURPOSE
The purpose of this policy is to modify, clarify and specify the guidelines and procedures for the transportation of prisoners, as outlined in General Order 5.02, Prisoner Transportation to ensure the safety and security of prisoners, officers, and the public when a person is taken into custody and transported.
POLICY
It is the policy of the New Haven Department of Police Service to provide emergency medical service to any person, who is injured, appears to be in need of medical attention or requests medical attention while under the custody or control of a police officer. This includes those individuals who are gravely disabled or emotionally disturbed and pose a threat to themselves or others as outlined in General Order 8.16, Emotionally Disturbed Persons. The police officer shall immediately request emergency medical services for any person under their custody or control who meets these criteria.
PROCEDURES
General Transportation
• The primary means of transporting prisoners is in a marked police cruiser equipped with a screened prisoner compartment.
• The prisoner conveyance van can be used in the following circumstances:
- Transportation to court.
- When the prisoner’s size or other physical conditions preclude the use of a marked patrol vehicle. The transporting Officer shall receive permission from their supervisor prior to transport. The arresting officer shall document the specific reason for the use of the prisoner conveyance van in their report.
- When authorized by a superior officer of the Department, holding the rank of Lieutenant or above, for a special event or an incident that may result in multiple arrests.
• All prisoners will be secured in any transport vehicle by proper use of a seat belt. If the prisoner is combative or Officer safety considerations make doing so impracticable, an Officer may obtain permission from a Supervisor to transport the prisoner in a patrol vehicle equipped with a screened prisoner compartment without the use of a seatbelt. Supervisors shall grant such approval only under these or similar extenuating circumstances. The reasons for not securing the individual in a seat belt shall be documented in the arresting Officer’s report.
• Officers shall make an inquiry prior to transport and upon arrival at the detention facility during the intake process to determine whether the prisoner is injured and/or needs medical assistance. These questions and responses shall be recorded on the Officer’s body-worn camera. If a prisoner is injured, complains of injury, appears to be in an unstable medical or mental health status, appears to be in need of medical attention, or requests medical attention prior to transport, the Officer shall immediately contact their supervisor and request that an emergency medical service (EMS) be dispatched to the current location.
• Officers shall operate any transport vehicle in a manner that is calculated to maintain the safety and security of the prisoner and at a speed not to exceed the posted speed limit.
• Officers are prohibited from the use of City-issued or personal cellular telephones, without a hands-free device, while engaged in the transport of a prisoner.
• The physical well-being of prisoners shall be monitored during transport. Particular attention shall be directed to prisoners reported or suspected of being under the influence of drugs and/or alcohol or who have a history of or propensity for violence.
• If during transport a prisoner is injured, complains of injury, appears to be in need of medical attention, appears to be in an unstable medical or mental health status, appears to be in need of medical attention, or requests medical attention, or if the transporting vehicle is involved in a collision, the Officer shall:
- Pull to the side of the roadway, as soon as practicable;
- Immediately notify the dispatcher to request a cover Officer and to request that an emergency medical service (EMS) be dispatched to the current location;
- Immediately notify their Supervisor;
- When it is safe to do so, immediately render aid consistent with their training or experience; and
- Remain on scene to await the arrival of EMS and the Supervisor.
Training
• All sworn personnel will complete a course of prescribed instruction on the practices and protocols outlined in this policy. The training will include, but not be limited to, the following:
- Officer safety considerations while securing seat belts on prisoners for transport;
- Procedures when a transport Officer needs to obtain medical attention for a prisoner;
- A knowledge test of the course material.
All other guidelines and procedures established in General Order 5.02, Prisoner Transportation, will remain in effect.
Regina Rush-Kittle
Acting Chief of Police
7/3/2022