MENU TITLE:Court Security and the Transportation of Prisoners         .

MENU TITLE:Court Security and the Transportation of
Prisoners         

Series: NIJ Research Preview
Published:June 1997
8 pages
13,969 bytes

U.S. Department of Justice
Office of Justice Programs
National Institute of Justice

Research Preview
   
Jeremy Travis, Director 
June 1997

Court Security and the Transportation of Prisoners

Summary of a Research Study by the National
Sheriffs' Association

The sharp rise of violence in court settings--from
minor disturbances to murder--has prompted a
reexamination of safeguards for the judicial
process and personnel and of the transportation of
prisoners to and from court. The National Institute
of Justice (NIJ) sponsored an assessment by the
National Sheriffs' Association (NSA) of the current
state of the art in court security and the
transportation of prisoners.

The study's three surveys found that the safety of
personnel transporting and monitoring prisoners in
the courtroom is the most pressing concern.
Possible responses include improving training
through more intense classroom instruction and
field training for high-risk situations, providing
personnel with appropriate equipment, enhancing
facilities' structural features, and establishing
policies and procedures for courtroom security and
for safe prisoner transport--on the ground and in
the air. The assessment offers specific suggestions
for agencies to consider when evaluating their
individual programs.

Study method

Information was gathered from interviews and
questionnaires administered to court security,
probation, parole, and sheriffs' personnel
nationwide; a review of existing research
literature and reports of some of the violent
incidents that occurred in courts over the past two
decades; and input from the Project Advisory Board,
Staff Review Committee, practitioners, experts in
the field, and other criminal justice
organizations.

Personnel education and training

The majority of court security and prisoner
transport personnel are 40- to 50-year-old males
who attended college for at least 1 or 2 years and
are very satisfied with their jobs. A majority have
completed a training program in court security,
prisoner transportation, or serving of civil or
criminal process.

However, many felt they were not fully prepared to
meet new and emerging challenges. Fewer than half
the responding agencies provide training in vehicle
operation, which is a key area for liability
actions. Also, fewer than half the agencies
instruct officers in the proper application of
commonly used restraining devices (e.g., handcuffs,
straps, leg irons). A vehicle operation training
curriculum could include commercial driver's
license requirements; driver's pursuit and
defensive training; liability issues; care,
custody, control, and supervision procedures;
driver and escort officer/deputy responsibilities;
and use of specialized equipment.

In addition, although they rarely perform routine
maintenance tasks, over half the respondents said
they inspect some security equipment (e.g.,
vehicles, doors) and conduct security checks inside
and outside courthouses. Fewer than half, however,
inspect equipment such as scanning devices, alarms,
and cameras.

Respondents said they need more instruction in
legal liabilities; legal responsibilities of
supervision; firearms; court functions, duties, and
security; serving of civil or criminal process; and
transporting prisoners both on the ground (e.g., in
an automobile, bus, or van) and in the air. They
also felt they needed more education about
vicarious liability; possible areas for suits
include failure to train or direct and negligence
in supervision, entrustment, assignment, hiring,
and retention.

The study suggests that basic court security and
prisoner transport training programs should provide
a minimum of 80 hours of classroom instruction over
a 4- to 6-week period. Personnel should also be
certified in certain key areas such as the use of
electronic nonlethal equipment (e.g., stun, laser,
and taser guns and stun belts) and methods of
applying physical force to control defendants in
high-risk situations.

All trainees should pass examinations to
demonstrate they have adequate knowledge and skills
before they are assigned to security or prisoner
transport duties. The Federal Aviation
Administration (FAA) requires personnel
transporting prisoners to pass a certified 2-hour
block of training.

Court facility security

Court security staff comprise sworn and unsworn
personnel (e.g., bailiffs, private-sector
employees, and Federal and State Department of
Corrections personnel).

Fewer than half the court agencies and sheriffs'
offices said they put a high priority on
controlling access into court and judicial
facilities--e.g., patrolling exterior perimeters,
scanning mail and packages, and supervising
elevator use. Probation and parole personnel think
metal detectors should be used more often outside
courtrooms.

The study suggests that the underlying principle of
court security should be maintaining a physical
security system that does not interfere with the
activities of the court.

A key aspect of security involves providing
physical mechanisms for safe passage inside and
outside court facilities. Consideration should be
given to employing structural features and
controlled access devices, in compliance with the
Americans for Disabilities Act of 1990, such as the
following:

o  Adequate lighting and proper landscaping around
parking areas,           walkways, and at points of
access where visual recognition is              
necessary.

o  Barriers to prohibit forcible entry by vehicles
or pedestrians.

o  Bullet-resistant glazing on windows in all areas
of sight exposure as      well as shatter-resistant
film between layers of glass and sensor devices    
on ground-floor windows.

o  Designated parking areas for judges and selected
court employees, prisoner transport, and service-
related vehicles.

o  Mechanisms on perimeter doors that can detect
unauthorized entry.

o  Controlled access to building facilities through
separate, electronically monitored entrances for
the general public, judges, court personnel, and   
service personnel.

o  Distinct structural circulation systems within
the courthouse to limit access for visitors,
prisoners, and outside service personnel and to    
provide secure passage for judges, juries, and
court staff (e.g., restricted elevators for
different users and centralized holding areas for  
prisoners).

Policies and procedures regarding use of these
mechanisms need to be continually monitored and
updated. Each hearing and trial should be assessed
to determine the correct level of security needed.
This assessment could prepare security
officers/deputies for any disruptions that may
occur and could keep costs down by increasing staff
only when appropriate. A balance should be struck
between protecting all who enter the court and
permitting normal operations.

Transportation of prisoners

The majority of probation and parole agents
surveyed believe uniformed officers (e.g. deputy
sheriffs/officers) should transport prisoners, even
though most of the respondents have been required
as part of their official duties to do the
transporting. Although transporting male adults,
female adults, male juveniles, and female juveniles
requires different guidelines, fewer than half the
respondents have ever received special or refresher
training in prisoner transportation. Survey
respondents indicated that most agencies do not
possess vehicles specially equipped to transport
prisoners. In addition, over half the agencies do
not allow agents to perform gender-appropriate
strip searches.

Rules or procedures exist in several jurisdictions
governing the transportation of prisoners, but
there are no national regulations (except those
issued by the FAA). The study suggests that the
first step should be implementation of a
"dangerousness" classification for prisoners being
transported so security officers can implement the
proper levels of care, custody, control, and
supervision. Other suggestions concern providing
handheld radios for all transport personnel and
establishing a statewide or regional radio
frequency so help can be summoned quickly in an
emergency.

All prisoners should be monitored continuously in
case medical emergencies arise. If such an
emergency does occur during transport,
officers/deputies should be prepared to take
appropriate action and know how to handle patients
with infectious diseases. An agency's medical unit
should inform transporting officers/deputies if a
prisoner has a communicable disease and provide
guidelines that follow those mandated by the U.S.
Occupational Safety and Health Administration and
the Centers for Disease Control and Prevention.

Conclusion

A risk assessment should be an integral part of a
comprehensive survey of courtroom security and the
transportation of prisoners to determine security
vulnerabilities and equipment and training needs.
Even the most sophisticated equipment is only a
supportive tool used by trained personnel as part
of a well-prepared plan to administer justice in a
danger-free environment.

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This Research Preview highlights a study, supported
under NIJ grant 94-IJ-CX-0005, by the National
Sheriffs' Association. The executive summary and
full report, Court Security and the Transportation
of Prisoners: A National Study, written by NSA
Executive Director Charles B. Meeks, Project
Director A.N. Moser, Jr., and Senior Research
Consultant Betty B. Bosarge, are available through
interlibrary loan or copy satisfaction from the
National Criminal Justice Reference Service at
800-851-3420, or through e-mail at
askncjrs@ncjrs.org. Ask for NCJ 161710 (executive
summary), NCJ 161701 (volume one), and NCJ 161702
(volume two).

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FS 000165

Points of view in this document do not necessarily
represent the official position or policies of the
U.S. Department of Justice.

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Selected NIJ Publications About Courts, Crime
Prevention Through Environmental Design, and
Victimization and Violence

Listed below are some NIJ publications and videos
related to issues of courts, Crime Prevention
Through Environmental Design, and
victimization and violence. These products are
free, except as indicated, and can be obtained from
the National Criminal Justice Reference Service
(NCJRS): telephone 800-851-3420, e-mail
askncjrs@ncjrs.org, or write NCJRS, Box 6000,
Rockville, MD 20849-6000.

These documents also can be downloaded through the
NCJRS Bulletin Board System or at the NCJRS
Anonymous FTP site in ASCII or graphic formats.
They can be viewed online at the Justice
Information Center World Wide Web site. Call NCJRS
for more information.

Please note that when free publications are out of
stock, they are available as photocopies or through
interlibrary loan.

Courts

Anderson, David C., In New York City, a "Community
Court" and a New Legal Culture, Program Focus,
1996, NCJ 158613.

The Drug Court Movement, Update, 1995, FS 000093.

Finn, Peter, and Andrea K. Newlyn, Miami's "Drug
Court": A Different Approach, Program Focus, 1996,
NCJ 142412.

Whitcomb, Debra, and Mark Hardin, Coordinating
Criminal and Juvenile Court Proceedings in Child
Maltreatment Cases, Research Preview, 1996, FS
000157.

Crime Prevention Through Environmental Design

Fleissner, Dan, and Fred Heinzelmann, Ph.D., Crime
Prevention Through Environmental Design and
Community Policing, Research in Action, 1996, NCJ
157308.

Gordon, Corey L., and William Brill, The Expanding
Role of Crime Prevention Through Environmental
Design in Premises Liability, Research in Brief,
1996, NCJ 157309.

Smith, Mary S., Crime Prevention Through
Environmental Design in Parking Facilities,
Research in Brief, 1996, NCJ 157310.

Taylor, Ralph B., and Adele V. Harrell, Physical
Environment and Crime, Research Report, 1996, NCJ
157311.

Victimization and Violence

The Extent and Costs of Crime Victimization: A New
Look, Research Preview, 1996, FS 000131.

Fein, Robert A., Ph.D., Bryan Vossekuil, and Gwen
A. Holden, Threat Assessment: An Approach to
Prevent Targeted Violence, Research in Action,
1995, NCJ 155000.

Finn, Peter, and Kerry Murphy Healey, Preventing
Gang-and Drug-Related Witness Intimidation, Issues
and Practices, 1996, NCJ 163067.

Healey, Kerry Murphy, Victim and Witness
Intimidation: New Developments and Emerging
Responses, Research in Action, 1995, NCJ 156555.

Kellermann, Arthur L., M.D., M.P.H., Understanding
and Preventing Violence: A Public Health
Perspective, VHS videotape, 1995, NCJ 152238, U.S.
$19, Canada and other foreign countries $24. A
summary of the presentation is available as a
Research in Progress Preview, 1996, FS 000141.

Roth, Jeffrey A., and Mark H. Moore, Reducing
Violent Crimes and Intentional Injuries, Research
in Action, 1995, NCJ 156089.

State and Local Responses to Terrorism, Update,
1995, FS 000092.

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