Fresno County Sheriff's Office Custody Policy Manual - REDACTED for Public Fresno County Sheriff's Office
Custody Policy Manual
Table of Contents
Philosophy and Goals. . . . . . . . . . . . . . . . . . . . . . 1
Mission. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Chapter 1 - Role and Authority. . . . . . . . . . . . . . . . . . . . 5
103 - Custody Manual. . . . . . . . . . . . . . . . . . . . . . 6
110 - Post Orders. . . . . . . . . . . . . . . . . . . . . . . . 9
Chapter 2 - Organization and Administration. . . . . . . . . . . . . . 10
202 - Supervision of Incarcerated Persons. . . . . . . . . . . . . . . 11
203 - Prohibition on Incarcerated Person Control. . . . . . . . . . . . . 12
204 - Equipment Inventory and Supplies. . . . . . . . . . . . . . . . 13
205 - Tool and Equipment Control. . . . . . . . . . . . . . . . . . 14
207 - Records and Data Practices. . . . . . . . . . . . . . . . . . 16
209 - Incarcerated Person Records. . . . . . . . . . . . . . . . . . 17
217 - Accessibility - Facility and Equipment. . . . . . . . . . . . . . . 19
Chapter 3 - Recruitment, Selection, and Planning. . . . . . . . . . . . . 22
304 - Jail Training Officer. . . . . . . . . . . . . . . . . . . . . 23
310 - Prison Rape Elimination Act Training. . . . . . . . . . . . . . . 25
Chapter 4 - Emergency Planning. . . . . . . . . . . . . . . . . . 27
401 - Emergency Staffing. . . . . . . . . . . . . . . . . . . . . 28
402 - Fire Safety. . . . . . . . . . . . . . . . . . . . . . . . 30
403 - Emergency Power and Communications. . . . . . . . . . . . . . 34
405 - Security Emergency Response and Tactics (SERT) Team. . . . . . . . 36
Chapter 5 - Incarcerated Person Management. . . . . . . . . . . . . . 39
504 - Safety Checks. . . . . . . . . . . . . . . . . . . . . . 40
506 - Civil Detainees. . . . . . . . . . . . . . . . . . . . . . 42
508 - Classification. . . . . . . . . . . . . . . . . . . . . . . 43
512 - Use of Restraints. . . . . . . . . . . . . . . . . . . . . 62
515 - Canines. . . . . . . . . . . . . . . . . . . . . . . . 68
516 - Reporting In-Custody Deaths. . . . . . . . . . . . . . . . . . 77
522 - Delayed and Inadvertent Releases. . . . . . . . . . . . . . . . 82
533 - Custodial Body-Worn Cameras. . . . . . . . . . . . . . . . . 84
542 - Money Bags. . . . . . . . . . . . . . . . . . . . . . . 92
Chapter 6 - Incarcerated Person Due Process. . . . . . . . . . . . . . 94
602 - Incarcerated Persons with Disabilities. . . . . . . . . . . . . . . 95
610 - Voting. . . . . . . . . . . . . . . . . . . . . . . . . 99
Chapter 7 - Medical-Mental Health. . . . . . . . . . . . . . . . . . 100
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700 - Health Care Administrative Meetings and Reports. . . . . . . . . . . 101
701 - Access to Health Care. . . . . . . . . . . . . . . . . . . 105
704 - Emergency Health Care Services. . . . . . . . . . . . . . . . 107
718 - Clinical Performance Enhancement. . . . . . . . . . . . . . . 111
719 - Clinical Decisions. . . 113
728 - Continuous Quality Improvement. . . . . . . . . . . . . . . . 115
729 - Informed Consent and Right to Refuse Medical Care. . . . . . . . . . 117
Chapter 10 - Programs for Incarcerated Persons. . . . . . . . . . . . . 120
1000 - Programs and Services. . . . . . . . . . . . . . . . . . . 121
1001 - Incarcerated Persons Welfare Fund. . . . . . . . . . . . . . . 123
1005 - Exercise and Out-of-Cell Time. . . . . . . . . . . . . . . . 127
1006 - Education, Vocation, and Rehabilitation. . . . . . . . . . . . . . 130
1008 - Library Services. . . . . . . . . . . . . . . . . . . . . 134
1011 - Visitation. . . . . . . . . . . . . . . . . . . . . . . 137
1012 - Resources for Released Persons. . . . . . . . . . . . . . . . 153
1018 - In-Custody Marriages. . . . . . . . . . . . . . . . . . . 154
Attachments. . . . . . . . . . . . . . . . . . . . . . . . . 156
AQI Chart (1).pdf. . . . . . . . . . . . . . . . . . . . . . . 157
Canines - Equipment Issue - Addendum A.pdf. . . . . . . . . . . . . . 158
Classification Addendum B - Severity of Offense Scale.pdf. . . . . . . . . . 159
Classification Addendum G- Reassessment-Review Chart.pdf. . . . . . . . . 160
Classification Addendum J - Definitions.pdf. 161
Visitation Policy - Passes - Addendum G - Limited.pdf. . . . . . . . . . . 162
Visitation Policy - Passes - Addendum C - Yellow.pdf. . . . . . . . . . . 163
Visitation Policy - Addendum H - Dress Code.pdf. . . . . . . . . . . . . 164
Visitation Policy - Passes - Addendum B - Green.pdf. . . . . . . . . . . 165
Visitation Policy - Passes - Addendum D - Pink.pdf. . . . . . . . . . . . 166
Visitation Policy - Passes - Addendum A - Own ID.pdf. . . . . . . . . . . 167
Visitation Policy - Passes - Addendum F - Red.pdf. . . . . . . . . . . . 168
Classification Addendum Y - Housing Assignments.pdf. . . . . . . . . . . 169
Classification Addendum I - Notification of Classification Review.pdf. . . . . . . 170
Classification Addendum A - Initial Custody Assessment Scale.pdf. . . . . . . 171
Classification Addendum D -Administrative Separation Placement-Transfer Notice.pdf. 172
402 - Fire Safety Policy Addendum - Fire Hoses and Dry Standpipes.pdf. . . . . 173
402 - Fire Safety Policy Addendum - Fire Extinguishers.pdf. . . . . . . . . 174
402 - Fire Safety Policy Addendum - Fire Alarm Pulls.pdf. . . . . . . . . . 175
Classification Addendum E2 - ADA Housing Units.pdf. . . . . . . . . . . 176
Classification Addendum H - Custody Reassessment Scale.pdf. . . . . . . . 177
Classification Addendum X - Questionnaire.pdf. . . . 178
Classification Addendum E1 - ADA Accessible Location Chart.pdf. . . . . . . 179
Classification Addendum F - Reclassification Form.pdf. . . . . . . . . . . 180
Classification Addendum C - Severity of Institutional Behavior- RV Initial Assessment and
Reassessment.pdf. . . . . . . . . . . . . . . . . . . . . . . 181
Visitation Policy - Passes - Addendum E - Gray.pdf. . . . . . . . . . . . 182
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Custody Policy Manual
Chapter 1 - Role and Authority
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Policy Fresno County Sheriff's Office
103 Custody Policy Manual
Custody Manual
103.1 PURPOSE AND SCOPE
The Custody Manual is a statement of the current policies, rules, and guidelines of this the Fresno
County Sheriffs Office Custody Division. All prior and existing manuals, orders, and regulations
that are in conflict with this manual are revoked, except to the extent that portions of existing
manuals, orders, and other regulations that have not been included herein shall remain in effect
where they do not conflict with the provisions of this manual.
Except where otherwise expressly stated, the provisions of this manual shall be considered
guidelines. It is recognized, however, that work in the custody environment is not always
predictable, and circumstances may arise that warrant departure from these guidelines. It is the
intent of this manual to be viewed from an objective standard, taking into consideration the sound
discretion entrusted to members of this Office under the circumstances reasonably known to them
at the time of any incident.
103.2 POLICY
The manual of the Fresno County Sheriff's Office Jail is hereby established and shall be referred
to as the Custody Manual (15 CCR 1029). All members are to conform to the provisions of this
manual.
103.2.1 DISCLAIMER
The provisions contained in the Custody Manual are not intended to create an employment
contract nor any employment rights or entitlements. The policies contained within this manual are
for the internal use of the Fresno County Sheriff's Office and shall not be construed to create
a higher standard or duty of care for civil or criminal liability against the county, its officials, or
members. Violations of any provision of any policy contained within this manual shall only form
the basis for Office administrative action, training, or discipline.The Fresno County Sheriffs Office
reserves the right to revise any policy content, in whole or in part.
103.3 RESPONSIBILITIES
The Sheriff shall be considered the ultimate authority for the provisions of this manual and shall
continue to issue Standing Orders, which shall modify the provisions to which they pertain.
Standing Orders shall remain in effect until such time as they may be permanently incorporated
into the manual.
The Assistant Sheriff, through the Jail Operations Captain, shall ensure that the Custody Manual
is comprehensively reviewed at least every two years, updated as needed, and the staff trained
accordingly to ensure that the policies in the manual are current and reflect the mission of the
Fresno County Sheriff's Office (15 CCR 1029).
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Custody Manual
103.3.1 INTERNAL AND EXTERNAL SECURITY MEASURE REVIEW
The Jail Operations Bureau Commander shall ensure that Custody Manual review, evaluation,
and procedures include internal and external security measures of the facility, including security
measures specific to prevention of sexual abuse and sexual harassment (15 CCR 1029).
103.3.2 COMMAND STAFF
The command staff should consist of the following:
• Sheriff
• Undersheriff
• Assistant Sheriff
• Custody Division Bureau Commanders
• Custody Division Lieutenants
103.3.3 OTHER PERSONNEL
Line and supervisory staff have a unique view of how policies and procedures influence the
operation of the facility and therefore are expected to bring to the attention of their supervisors
issues that might be addressed in a new or revised policy.
All members suggesting revision of the contents of the Custody Manual should forward
their suggestions in writing, through the chain of command, to the Custody Division Bureau
Commanders, who will consider the recommendation.
103.4 DEFINITIONS
The following words and terms shall have these assigned meanings, unless it is apparent from
the content that they have a different meaning:
Office - The Fresno County Sheriff's Office.
Custody Manual - The Fresno County Sheriff's Office Custody Manual.
Employee -Any person employed by the Office.
Incarcerated Person -Any person held in the custody of the jail.
May - Indicates a permissive, discretionary, or conditional action.
Member -Any person employed or appointed by the Fresno County Sheriff's Office, including:
• Full- and part-time employees.
• Sworn correctional officers
• Civilian employees.
• Volunteers.
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Custody Manual
Correctional officer-All persons, regardless of rank, who are employees and who are selected
and trained in accordance with state law as correctional officers of the Fresno County Sheriffs
Office.
On-duty employee - Status during the period when the employee is actually engaged in the
performance of assigned duties.
Order -A written or verbal instruction issued by a superior.
Rank - The job classification title held by a correctional officer.
Shall or will - Indicates a mandatory action.
Should - Indicates a generally required or expected action absent a rational basis for failing to
conform.
103.5 DISTRIBUTION OF MANUAL
Copies of the Custody Manual shall be made available to all members. An electronic version of
the Custody Manual will be made available to all members on the Office network (15 CCR 1029).
No changes shall be made to the electronic version without authorization from the Assistant
Sheriff.
103.6 MANUAL ACCEPTANCE
As a condition of employment, all members are required to read and obtain necessary clarification
of this Office's policies. All members are required to sign a statement of receipt acknowledging
that they have received a copy or have been provided access to the Custody Manual.
103.7 REVISIONS TO POLICIES
All members are responsible for keeping abreast of all Custody Manual revisions. The Assistant
Sheriff or authorized designee will forward revisions to the Custody Manual as needed to all
personnel via electronic mail. Each member shall acknowledge receipt by reviewing the revisions,
seeking clarification as needed, and acknowledging the policy online.
Each supervisor will ensure that members under the supervisor's command are familiar with and
understand all revisions.
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Policy Fresno County Sheriff's Office
110 Custody Policy Manual
Post Orders
110.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the development of post orders and the
training of members assigned to each post.
110.2 POLICY
It is the policy of this Office to develop comprehensive post orders for specific positions. Copies of
the orders shall be available electronically. Members shall be familiar with the post orders before
working a position.
110.3 DEVELOPMENT
Clear procedures should be incorporated into post orders for all regular daily activities including,
but not limited to, safety checks, head counts, meals, sick call, recreation, laundry exchange, mail
distribution and response to emergencies, such as fires, natural disasters, and criminal acts.
110.4 REVIEW AND UPDATE
Post orders shall be reviewed periodically and updated whenever necessary by the Policy and
Procedure Unit or the authorized designee.
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Chapter 2 - Organization and Administration
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Policy Fresno County Sheriff's Office
202 Custody Policy Manual
Supervision of Incarcerated Persons
202.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure the safety and security of the facilities through the
application of appropriate staffing levels.
202.2 POLICY
It is the policy of this Office to provide for the safety and security of citizens, staff, and incarcerated
persons through appropriate staffing levels that are sufficient to operate the facilities and perform
functions related to the safety, security, custody, and supervision of incarcerated persons.
202.3 SUPERVISION OF INCARCERATED PERSONS
There shall be, at all times, sufficient staff designated to remain in the facilities for the supervision
and welfare of incarcerated persons, to ensure the implementation and operation of all programs
and activities as required by Title 15 CCR Minimum Jail Standards, and to respond to emergencies
when needed. Such staff must not leave the facilities while incarcerated persons are present and
should not be assigned duties that could conflict with the supervision of incarcerated persons (15
CCR 1027).
Staff members shall not be placed in positions of responsibility for the supervision and welfare
of incarcerated persons of the opposite gender in circumstances that can be described as an
invasion of privacy or that may be degrading or humiliating to the incarcerated persons.
The Jail Operations Bureau Commander or the authorized designee shall be responsible for
developing staffing plans to comply with this policy. Records of staff deployment should be
maintained in accordance with established records retention schedules (Penal Code § 4021; 15
CCR 1027).
202.4 SEPARATION OF DUTIES
Maintenance personnel are employed to perform preventive, routine, and emergency
maintenance functions. Custody staff will not be given physical plant maintenance duties that
distract from their primary responsibility of supervising incarcerated persons.
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203 Custody Policy Manual
Prohibition on Incarcerated Person Control
203.1 PURPOSE AND SCOPE
The purpose of this policy is to define the requirement that staff should at all times exercise control
of the incarcerated person population under their supervision and should prevent incarcerated
persons from controlling other incarcerated persons within the facilities.
203.2 POLICY
All staff, including support staff, contractors, and volunteers should exercise control and
supervision of all incarcerated persons under their control. It is the policy of this Office to prohibit
any staff member to implicitly allow, or by dereliction of duty, allow any incarcerated person or
group of incarcerated persons to exert authority over any other incarcerated person (Penal Code
§ 4019.5; 15 CCR 1083(b)).
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Policy Fresno County Sheriff's Office
204 Custody Policy Manual
Equipment Inventory and Supplies
204.1 PURPOSE AND SCOPE
The facilities must have the materials, supplies, and equipment that are necessary to maintain
effective and efficient operations. This policy establishes responsibilities and requirements for
purchasing, storing, and inventory of those items.
204.2 POLICY
The Jail Medical and Services Bureau Commander shall ensure that all jail property and fixed
assets are inventoried periodically.
The jail will maintain a secure storage area for the purpose of storing supplies and equipment.
The Jail Medical and Services Bureau Commander shall maintain oversight of the area.
204.3 PURCHASING
The Jail Medical and Services Bureau Commander, along with the County Administrative Officer,
is responsible for managing the purchasing process to ensure that amounts and types of
purchases fall within budget parameters.
204.4 EQUIPMENT INVENTORY
The Jail Medical and Services Bureau Commander or the authorized designee will conduct an
audit on all supplies and equipment annually.All losses will be reported by the Sheriff to the County
Administrative Officer.
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205 Custody Policy Manual
Tool and Equipment Control
205.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a tightly controlled process and standard for the use
of tools and equipment in order to reduce the risk of such items becoming weapons for the
incarcerated person population.While there are times that specific incarcerated workers may need
to possess tools or equipment for legitimate daily operations, the possession and use of those
tools must be carefully monitored and controlled by staff(15 CCR 1029(a)(6)).
205.2 POLICY
It is the policy of these facilities to securely store, inventory, control, and monitor the use of tools
and equipment to ensure accountability and the secure use of these items (15 CCR 1029(a)(6)). It
is the policy of these facilities to maintain safety and security equipment(i.e., door locks, cameras,
alarms, and other monitoring equipment).t
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), IV.G.
205.3 CUSTODY TOOLS
Tools include all implements that are maintained within the secure perimeter of the facilities to
complete specific tasks. These tools include but are not limited to mops, brooms, dustpans, and
floor polishers.
All tools and medical equipment shall be locked in secure cabinets or storage rooms when not
in use.
Any time tools must be brought into a secure area where incarcerated persons are present, the
Watch Commander in conjunction with the Services Lieutenant or Sergeant, shall determine the
level of security necessary to perform the maintenance work. Staff supervising the area shall
ensure that the number of tools brought into the secure area are the same number of tools is
taken out.
Any tool that is used within the secure perimeter must be closely monitored and controlled by the
staff supervising the area so that it cannot be used as a weapon (15 CCR 1029(a)(6)). Incarcerated
persons who are assigned tasks that require these tools shall be closely supervised.
An inventory of all tools used and stored within the secure perimeter shall be developed and
maintained by the County's Internal Services Department Facility Services Division. The loss of
any tool will be immediately reported to the facility sergeant, who shall initiate immediate action
to locate or account for the missing tool, including:
(a) Detaining and searching any incarcerated person who had access to the tool.
(b) Conducting a thorough search of the immediate area for the missing item.
(c) Initiating a facility-wide search.
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Tool and Equipment Control
The staff member responsible for the supervision of the use of the missing tool will prepare
and submit a report documenting the specific tool that is missing and the circumstances of the
disappearance.The report will be forwarded to the Jail Medical and Services Bureau Commander.
A report identifying all members involved in the search should be submitted to the on-duty
supervisor documenting their findings.
205.4 MAINTENANCE OR CONSTRUCTION TOOLS
Maintenance or construction tools are those tools and equipment that are brought into and
out of the secure perimeter of the facilities by employees or contractors to facilitate repairs
or construction of the physical plant. Only the tools and equipment needed specifically for the
intended work will be permitted into the facilities. All tools and equipment will be inventoried and a
list of the tools will be provided to the control booth prior to any tools or equipment being brought
inside the secure perimeter.
Prior to entering the secure perimeter of the facility, the contractor shall be instructed to maintain
personal possession of the tools at all times. When it is necessary to complete a task in an area
where incarcerated persons are present, the incarcerated persons shall be locked down by staff
supervising the area.
When the person has finished working in the area, a correctional officer will ensure that all tools are
accounted for. In the event of a discrepancy, the facility sergeant shall be immediately notified and
appropriate action taken to locate or account for the items. Once all tools have been accounted
for, the incarcerated persons may be released from Iockdown.
205.5 EXTERIOR-USE TOOLS
Exterior-use tools are those that are used by incarcerated workers outside of the secure perimeter.
Only incarcerated workers who are classified to work outside the secure perimeter will be allowed
to possess exterior-use tools. The correctional officer responsible for supervising incarcerated
workers on outside work crews will inventory all tools assigned for this purpose at the beginning
of the shift.
Incarcerated workers shall not be permitted to pass tools between each other except under the
direct supervision of a correctional officer.
In the event that an exterior-use tool is missing, the correctional officer shall immediately notify
a supervisor. A thorough search for the tool will be undertaken and an incident report shall be
completed. Incarcerated workers may only be released from their work assignments when it has
been determined that it is safe to do so, and upon the approval of the supervisor. The incident
report with all relevant information shall be forwarded to the Jail Medical and Services Bureau
Commander.
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207 Custody Policy Manual
Records and Data Practices
207.1 PURPOSE AND SCOPE
This policy establishes guidelines for the control and access of confidential records by staff,
contractors, and volunteers.
207.2 ACCESS TO CRIMINAL RECORDS
Official files, documents, records, electronic data, video and audio recordings, and information
held by the Fresno County Sheriff's Office or in the custody or control of Office employees,
volunteers or contractors are regarded as non-public and/or confidential.
Access to confidential paper or electronically generated records in this facility is restricted at
various locations according to job function and the need to know. Employees working in assigned
areas will only have access to the information that is necessary for the performance of their
duties. Granting access to other employees or anyone outside of the work area must meet
with supervisory approval. All requests for information received from outside the Office shall be
forwarded to the Jail Operations Bureau Commander.
Custody staff, volunteers and contractors shall not access, disclose or permit the disclosure or
use of such files, documents, reports, records, video or audio recordings or other confidential
information except as required in the performance of their official duties and in accordance with
Office policies, statutes, ordinances and regulations related to data practices.
Custody staff, volunteers and contractors who are uncertain of the confidentiality status of any
document should consult with a supervisor or Jail Operations Bureau Commander to determine
the status of the documents in question.
207.3 STAFF TRAINING
Prior to being allowed to work inside these facilities, all custody staff, volunteers and contractors
will receive training on Office records, policies and confidentiality requirements, including the
potential criminal and civil penalties that may result from a breach of confidentiality in violation of
this policy and all applicable statutes.
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• Custody Policy Manual
Incarcerated Person Records
209.1 PURPOSE AND SCOPE
This policy establishes the procedures required to create and maintain accurate records of all
persons booked and confined in these facilities.
209.2 POLICY
It is the policy of this Office that all records shall be complete and comprehensive, resulting in
reliable data that provides information about each incarcerated person's period of confinement,
as well as histories of previous confinement in these facilities. All incarcerated person records
are official Office documents and should be used for official business only. Incarcerated person
records are a vital component of the criminal justice system and should only be released to
authorized persons.
209.3 RECORD MAINTENANCE
It shall be the responsibility of the Records Unit to maintain records on all persons who have been
committed or assigned to these facilities, including but not limited to the following (15 CCR 1041):
• Intake information
• Commitment papers
• Court orders
• Personal property receipts
• Reports of disciplinary actions taken
• Medical orders issued by the responsible physician and staff response
• Non-medical information regarding disabilities and other limitations
The Jail Operations Bureau Commander or the authorized designee shall establish a procedure
for managing incarcerated person records.
209.3.1 COURT ORDERS OF NAME OR GENDER CHANGE
When a court order is received that involves a name change of an incarcerated person, the
Records Unit shall document the new name in the incarcerated person's records and list any
prior names as an alias. When a court order is received involving a gender change, appropriate
adjustments will be made to the incarcerated person's records (Code of Civil Procedure§ 1279.5).
209.4 INCARCERATED PERSONS RECORDS
All documents received affecting incarcerated persons' status will be reviewed, prioritized, and
initialed by the Records Supervisor assigned to Jail Records.
All other documents dealing with incarcerated persons' status and not resulting in release which
has been processed during each particular shift will be filed.
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Custody Policy Manual
Incarcerated Person Records
209.5 RELEASE OF INCARCERATED PERSON RECORDS
Incarcerated person records are confidential and shall be used for official business only. Any
release of incarcerated person records shall be made only in compliance with a lawful court order
or as authorized by state and federal law to persons having a legitimate criminal justice need,
or with a consent form signed by the incarcerated person (15 CCR 1045). A copy of the release
authorization document shall be maintained in the incarcerated person record file.
209.6 ELECTRONIC RECORD MAINTENANCE
All incarcerated person records and data maintained in an electronic format shall be accessible
only through a login/password-protected system capable of documenting by name, date, and time
any person who has accessed the information. The Jail Administration and Programs Bureau
Commander shall be responsible for working with the information technology personnel to ensure
the security of the data and to develop and maintain a copy of the security plan.
209.7 RECORDS RETENTION
Incarcerated person records shall be maintained maintained for a minimum of two (2)years. Upon
an individual's release, all documents from their records shall be retained in accordance with the
Records Maintenance and Release Policy in Chapter 8 of the Department Policy Manual.
209.8 INFORMATION SHARING REGARDING IMMIGRATION STATUS
No member of this Office will prohibit, or in any way restrict, another member from doing any of
the following regarding the citizenship or immigration status, lawful or unlawful, of any individual
(8 USC § 1373; Government Code § 7284.6):
(a) Sending information to, or requesting or receiving such information from federal
immigration officials
(b) Maintaining such information in Office records
(c) Exchanging such information with any other federal, state or local government entity
Nothing in this policy restricts sharing information permissible under the California Values Act.
209.9 REFERENCE
See the following procedure for further guidance:
INCARCERATED PERSON RECORDS
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Policy Fresno County Sheriff's Office
217 Custody Policy Manual
Accessibility - Facility and Equipment
217.1 PURPOSE AND SCOPE
This policy is intended to ensure that staff and the general public have access to the facilities, in
compliance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation
Act (29 USC § 794).
217.1.1 DISABILITY DEFINED
A disability is any physical or mental impairment that substantially limits one or more major life
activities. These include, but are not limited to, any disability that would substantially limit the
mobility of an individual or an impairment of vision and/or hearing, speaking or performing manual
tasks that require some level of dexterity. Additionally, disability includes a physical or mental
impairment that would inhibit a person's ability to meet the requirements established by the Office
for conducting visitation or other business in the facilities.
217.2 POLICY
The Fresno County Sheriffs Office prohibits discrimination against persons with disabilities. The
Fresno County Sheriff's Office adheres to the ADA and all other applicable federal and state laws,
regulations and guidelines in providing reasonable accommodations to ensure that the facilities
are reasonably accessible to and usable by individuals.
217.3 ACCOMMODATIONS
As part of the compliance with the ADA and the commitment to provide access to persons with
disabilities, the Office will provide reasonable accommodations that include, but are not limited to:
• Vehicle parking areas that accommodate cars and vans or other vehicles with
wheelchair lifts.
• Public areas that are wheelchair accessible.
• Drinking fountains that can accommodate wheelchairs or other mobility devices.
• ADA-compliant elevators.
• Restroom areas that are wheelchair compliant and meet ADA standards for
accessibility.
• Search areas and metal detection devices, including private areas where alternative
search methods may be performed.
• Services and equipment for the deaf and hard of hearing.
• Visitor check-in areas.
• Visitation areas, including attorney interview rooms that can accommodate
wheelchairs and other mobility devices.
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Accessibility- Facility and Equipment
217.3.1 MEMBER RESPONSIBILITIES
Members receiving a request for accommodation should make reasonable attempts to do so. If a
request cannot be reasonably accommodated, a supervisor should be notified.
Members becoming aware of any potential ADA violation should document the issue in a
memorandum and forward the memorandum to the Jail Administration and Programs Bureau
Commander with a copy to the ADA coordinator.
Members receiving a complaint of disability discrimination or inability to reasonably access the
facilities, or any other complaint related to the ADA, should document the complaint and refer the
matter to the ADA coordinator.
217.4 ADA COORDINATOR
The Jail Administration and Programs Bureau Commander should appoint a staff member to
serve as the ADA coordinator, whose primary responsibilities include, but are not limited to,
coordinating compliance with ADA requirements. The ADA coordinator should be knowledgeable
and experienced in a variety of areas, including:
(a) The Office's structure, activities, and employees, including special issues relating to
the requirements of the jail.
(b) The ADA and other laws that address the rights of people with disabilities, such as
Section 504 of the Rehabilitation Act (29 USC § 794).
(c) The accommodation needs of people with a broad range of disabilities.
(d) Alternative formats and technologies that enable staff, incarcerated persons, and the
public with disabilities to communicate, participate, and perform tasks related to jail
activities.
(e) Construction and remodeling requirements with respect to ADA design standards.
(f) Working cooperatively with incarcerated persons, and the public with disabilities, as
well as with local disability advocacy groups or other disability groups.
(g) Negotiation and mediation.
217.4.1 DISSEMINATION OF INFORMATION
The ADA coordinator will be responsible for the dissemination of information to staff and visitors
on issues specifically related, but not limited to:
• Services available to members of the public who are disabled.
• Accessing services to accommodate disabilities.
• Registering complaints or grievances relating to issues involving the ADA.
217.5 TRAINING
The ADA coordinator should work with the Training Unit as appropriate, developing training
regarding issues specifically related, but not limited to:
(a) The requirements of Section 504 of the Rehabilitation Act (29 USC § 794).
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(b) Office policies and procedures relating to ADA requirements.
217.6 REFERENCE
See the following procedure for further guidance:
ACCESSIBILITY -ADA UNIT
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Chapter 3 - Recruitment, Selection, and Planning
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Policy Fresno County Sheriff's Office
304 Custody Policy Manual
Jail Training Officer
304.1 PURPOSE AND SCOPE
The jail training officer program is intended to provide a standardized program to facilitate the
correctional officer's training in an academic setting and the actual performance of general
corrections duties.
304.2 POLICY
It is the policy of this Office to assign all new correctional officers to a structured jail training officer
program designed to prepare the new correctional officer to perform in a custody assignment, and
to provide training on all skills needed to operate in a safe, productive, and professional manner.
304.3 JAIL TRAINING OFFICER
The Jail Training Officer(JTO) is an experienced correctional officer trained in the art and science
of supervising, training, and evaluating entry-level correctional officers in the application of their
previously acquired knowledge and skills.
304.3.1 SELECTION PROCESS
Jail Training Officers will be selected based on certain requirements, including:
(a) A desire to perform the training mission.
(b) A minimum of two years as a correctional officer.
(c) A demonstrated ability to be a positive role model.
(d) Review of both Personnel and Bureau Files.
(e) Satisfactory evaluation by supervisors.
304.3.2 TRAINING
All JTOs shall successfully complete a minimum 32-hour course of instruction prior to being
assigned a trainee.
304.4 JAIL TRAINING OFFICER RESPONSIBILITIES
The JTO's responsibilities include the following:
(a) JTOs shall complete and submit a written evaluation on the performance of their
assigned trainees to the JTO's immediate supervisor on a weekly basis.
(b) JTOs shall review the trainee's performance with them.
(c) JTOs shall be responsible for signing off all completed topics contained in the
training manual, noting the methods of learning and evaluating the performance of the
assigned trainee.
(d) When the trainee is in remediation JTOs shall complete and submit a written evaluation
of the performance of their assigned trainees to the JTO's immediate supervisor daily.
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Jail Training Officer
304.5 EVALUATING SERGEANT RESPONSIBILITIES
The evaluating sergeant will be responsible to supervise and observe the trainee in the facility to
which they are assigned. The supervisor's responsibilities include the following:
(a) Assign Trainees to JTOs on their platoon.
(b) Conduct meetings for the JTOs on their platoon.
(c) Ensure JTO/trainee performance evaluations are completed in a timely manner.
(d) Monitor individual JTO performance.
(e) Complete a detailed end-of-phase performance evaluation at the end of phase three.
304.6 JAIL TRAINING OFFICER PROGRAM SUPERVISOR
The JTO program supervisor will be selected from the rank of sergeant or higher by the Jail
Operations Bureau Commander or the authorized designee and shall possess supervisory
credentials from the state's law enforcement certifying agency,where applicable. The supervisor's
responsibilities include the following:
(a) Assignment of trainees to a platoon and facility.
(b) Maintain and ensure JTO/trainee performance evaluations are completed in a timely
manner.
(c) Administer the Phase written examinations.
(d) Maintain, update, and issue the training manual to each trainee.
(e) Monitor individual JTO performance.
(f) Monitor the overall JTO program.
(g) Conduct a yearly JTO meeting.
(h) Develop ongoing training for JTOs.
(i) Complete an end of JTO program training form.
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Policy Fresno County Sheriff's Office
310 Custody Policy Manual
Prison Rape Elimination Act Training
310.1 PURPOSE AND SCOPE
This policy establishes an education and training process related to implementation of the Prison
Rape Elimination Act of 2003 (PREA) and the implementing regulation (PREA Rule) (28 CFR
115.5 et seq.).
310.2 POLICY
The Fresno County Sheriff's Office endeavors to comply with the training standards in the PREA
Rule and to ensure that all staff, volunteers, and contractors, are aware of their responsibilities
and that staff, volunteers, contractors, and incarcerated persons are aware of the policies and
procedures of the facilities as they relate to PREA.
310.3 MEMBER TRAINING
All staff,volunteers,and contractors who may have contact with incarcerated persons shall receive
Office-approved training on the prevention and detection of sexual abuse and sexual harassment
within this facility. The Training Unit, in coordination with the PREA Sergeant, shall ensure that
the staff receives training and testing in prevention and intervention techniques, that they have
sufficient knowledge to answer any questions the arrestees and incarcerated persons may have
regarding sexual assault or abuse, and that they are familiar enough with the reporting process
to take an initial report of a sexual assault or abuse. The PREA Sergeant shall be responsible for
developing and administering this training, covering at minimum (28 CFR 115.31;28 CFR 115.32):
(a) The zero-tolerance policy for sexual abuse and sexual harassment and how to report
such incidents.
(b) The dynamics of sexual abuse and sexual harassment in confinement.
(c) The common reactions of sexual abuse and sexual harassment victims.
(d) Prevention and intervention techniques to avoid sexual abuse and sexual harassment
in the jail.
(e) Procedures for the investigation of a report of sexual abuse and/or sexual harassment.
(f) Individual responsibilities under sexual abuse and sexual harassment prevention,
detection, reporting, and response policies and procedures.
(g) An individual's right to be free from sexual abuse and sexual harassment.
(h) The right of incarcerated persons to be free from retaliation for reporting sexual abuse
and sexual harassment.
(i) How to detect and respond to signs of threatened and actual sexual abuse.
Q) How to communicate effectively and professionally with incarcerated persons,
including lesbian, gay, bisexual, transgender, intersex, or gender nonconforming
incarcerated persons.
(k) How to comply with relevant laws related to mandatory reporting of sexual abuse and
sexual harassment to outside authorities.
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Prison Rape Elimination Act Training
(1) How to avoid inappropriate relationships with incarcerated persons.
Training shall be tailored according to the gender of the incarcerated persons at the facility. Staff
should receive additional training on security measures and the separation of multiple gendered
populations in the same facility if incarcerated persons have been reassigned from a facility that
houses only a single gender incarcerated person population.
Training should include written testing to validate knowledge and understanding of the material.
The Training Unit shall document,through signature or electronic verification,that staff,volunteers,
and contractors have received and understand the training.The Training Unit will maintain training
records on all those receiving training in accordance with procedures developed by the Training
Unit.
The Training Unit, in coordination with the PREA Sergeant, shall ensure that members undergo
refresher training every two years that covers the Office's sexual abuse and sexual harassment
policies and related procedures (28 CFR 115.31)
In years in which an employee does not receive refresher training,the Sheriff's Office shall provide
refresher information on current sexual abuse and sexual harassment policies.
310.4 SPECIALIZED MEDICAL TRAINING
All full- and part-time qualified health care and mental health professionals who work regularly in
the facility shall receive all of the member training listed above, as well as training that includes
(28 CFR 115.35):
(a) Detecting and assessing signs of sexual abuse and sexual harassment.
(b) Preserving physical evidence of sexual abuse.
(c) Responding effectively and professionally to victims of sexual abuse and sexual
harassment.
(d) Reporting allegations or suspicions of sexual abuse and sexual harassment.
If the qualified health care and mental health professionals employed by this facility conduct
forensic examinations, they shall receive the appropriate training to conduct such examinations.
The Training Unit shall maintain documentation that the facility's health care and mental health
professionals have received the training referenced above, either from this Office or elsewhere.
310.5 SPECIALIZED INVESTIGATIVE TRAINING
Specialized investigative training for investigators shall include the uniform evidence protocol to
maximize potential for obtaining useable physical evidence; techniques for interviewing sexual
abuse victims; proper use of Miranda and Garrity warnings; sexual abuse evidence collection
in confinement settings; and the criteria and evidence required to substantiate a case for
administrative action or referral for prosecution (28 CFR 115.21; 28 CFR 115.34).
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Chapter 4 - Emergency Planning
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Policy Fresno County Sheriff's Office
4 Custody Policy Manual
Emergency Staffing
401.1 PURPOSE AND SCOPE
The facilities must operate at all times as a safe and secure environment, regardless of staffing
levels. Contingency plans must be in place for any staffing emergency or planned job action,
regardless of the duration of the staffing deficit.
The purpose of this policy is to establish roles and responsibilities for:
(a) Creating and implementing emergency staffing plans.
(b) Training in emergency staffing for supervisory and management personnel.
(c) Establishing a distribution list and an update schedule for the plan.
401.2 POLICY
It is the policy of this Office to be prepared to operate safe and secure facilities in the event of
a work staffing emergency. Staffing emergencies that could negatively affect the facilities may
include but are not limited to:
(a) An outbreak of infectious disease.
(b) A work stoppage or strike by the staff.
(c) A natural disaster.
(d) Any other staffing disruption.
The Sheriff, the Jail Operations Bureau Commander, or the authorized designee shall be
responsible for ensuring that an appropriate emergency staffing plan exists.
401.2.1 EMERGENCY STAFFING
Once the Jail Operations Bureau Commander is aware that a staffing emergency exists or may
occur, employees who are on duty may be ordered to remain at their posts. The Jail Operations
Bureau Commander will notify the Sheriff. Plans should include measures to achieve minimum
staffing for the facility, as soon as practicable, following a staffing emergency and may include the
following operational adjustments:
• Facilities may be placed on lockdown.
• Activities, including visiting, exercise, and other programs will be suspended only
if necessary.
• Meals, cleaning, medical services, court transportation, and attorney visits will
continue.
• Other activities will be assessed by the Jail Operations Bureau Commander on
a case-by-case basis.
• Supervisory and management personnel may have time-off canceled or rescheduled
for the duration of the staffing emergency.
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• Staff from other bureaus/divisions who have custody experience may be used to fill
vacancies in the facility.
• Assistance from allied agencies may be requested to help management and
supervisors in safely staffing the facility.
• Contracting with surrounding agencies may be necessary if adequate staffing cannot
be obtained to safely operate the facility.
• In the event of a health-related staffing emergency,the Office Exposure Control Officer
(i.e., Human Resources Commander or designee) and medical staff shall be notified
in accordance with the Communicable Diseases Policy.
401.2.2 LEGAL ASSISTANCE
Once the Jail Operations Bureau Commander is aware that a work stoppage is planned or has
occurred, legal counsel should be consulted for assistance in preparing the necessary legal action
to prevent or end the work stoppage. Immediate contact with the employees' representatives may
also be necessary to prevent or end the work stoppage.
401.2.3 TRAINING
The Jail Operations Bureau Commander or the authorized designee should be responsible for:
(a) Establishing a distribution list for the contingency plan.
(b) Establishing a periodic review and update of the plan.
(c) Ensuring that all supervisors are periodically trained on the plan.
(d) Ensuring that all supervisors are provided a copy of or access to the plan.
(e) Documenting all training.
(f) Maintaining training records for each supervisor and manager.
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4 Custody Policy Manual
Fire Safety
402.1 PURPOSE AND SCOPE
The purpose of this policy is to clearly identify and conform to applicable federal, state, and local
fire safety codes, and to establish a process of creating, distributing, and training all individuals in
the facilities on the emergency fire safety and evacuation plans.
402.2 POLICY
It is the policy of this Office that fire prevention strategies are a high priority.
The Assistant Sheriff or designee shall ensure a fire alarm, detection, and suppression system,
as required by law, are installed, maintained, and periodically tested. Any variance, exception, or
equivalency issues must be approved by the fire jurisdiction authorities and must not constitute a
serious life-safety threat to the occupants of the facilities (15 CCR 1029(a)(7)(A); 15 CCR 1032
et seq.).
402.2.1 FIRE CODES
The Fresno County Sheriffs Office shall conform to all federal, state, and local fire safety codes.
402.2.2 FIRE PREVENTION RESPONSIBILITY
All staff, volunteers, and contractors who work in the facilities are responsible for the prevention
of fires. They will receive training on fire safety practices and equipment to reduce the risk of fire.
402.3 FIRE SUPPRESSION PRE-PLANNING
Pursuant to Penal Code § 6031.1, the Assistant Sheriff or designee shall, in cooperation with the
local fire department or other qualified entity, develop a plan for responding to a fire. The plan
shall include but is not limited to (15 CCR 1032):
(a) A fire suppression pre-plan by the local fire department, to be included as part of this
policy.
(b) Fire prevention, safety inspection plans, and record retention schedules developed by
designated staff or as required by applicable law.
(c) Fire prevention inspections as required by Health and Safety Code § 13146.1(a) and
(b), which requires inspections at least once every two years.
(d) Documentation of all fire prevention inspections, all orders to correct, and all proofs of
correction should be maintained for a minimum of two years or as otherwise required
by law.
(e) An evacuation plan (see 404 Evacuation Policy).
(f) A plan for the emergency housing of incarcerated people in case of fire.
(g) A plan for the cross-training of responders and facility staff, including jail health care
staff, via drills, which should occur at least annually.'
' Hall, et.al. v County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.A.6.
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Fire Safety
402.4 FIRE PREVENTION EQUIPMENT
All required fire alarms, sprinklers, and detection devices shall be in good working order at all
times.
If such a device becomes inoperable, the Jail Medical and Services Bureau Commander or the
authorized designee shall ensure emergency repairs are made as soon as possible and staff is
provided with an alternative emergency fire safety and evacuation plan.
When a fire prevention system is inoperable and poses a serious life-safety risk, that portion of
the facility shall not be occupied by incarcerated people or staff.
Fire extinguishers shall be manually inspected when initially placed in service. Thereafter
extinguishers shall be manually inspected at least monthly by the building owner, occupant, or
his/her authorized agent or electronically monitored. Fire extinguishers shall be inspected at more
frequent intervals when circumstances require as determined by the Assistant Sheriff or designee.
Fire extinguishers shall be maintained and serviced per Title 19 § 575.1.
402.4.1 FIRE ALARM MANUAL PULLS LOCATIONS
See attachment: 402 - Fire Safety Policy Addendum - Fire Alarm Pulls.pdf
402.5 FIREFIGHTING EQUIPMENT
The Jail Medical and Services Bureau Commander or designee shall ensure the facilities are
equipped with the necessary firefighting equipment (e.g., fire hoses, extinguishers) in amounts
and locations as recommended by the local fire authority or other qualified entity. The locations
of firefighting equipment will be shown on the facility fire plan.
The Jail Operations Bureau Commander or the authorized designee will ensure staff is trained
to initially respond to a fire with the purpose of facilitating the safety of the occupants, including
evacuation, if necessary.
402.5.1 SMOKE/FIRE BREATHING APPARATUSES
The facilities should maintain sufficient quantities of breathing apparatuses (i.e., Fire Escape
Hood)for staff.The Jail Operations Bureau Commander or the authorized designee is responsible
for developing and implementing a written respiratory protection program including fit testing and
training.
402.5.2 FIRE HOSE AND DRY STANDPIPE LOCATIONS
See attachment: 402 - Fire Safety Policy Addendum - Fire Hoses and Dry Standpipes.pdf
402.5.3 FIRE EXTINGUISHER LOCATIONS
See attachment: 402 - Fire Safety Policy Addendum - Fire Extinguishers.pdf
402.6 FIRE TRAINING
The Training Unit is responsible for ensuring all staff members receive training on the use of
the breathing apparatuses within the first six months of assignment to the facilities sufficient
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Fire Safety
to demonstrate proficiency. The staff should receive annual training in the use of the facility's
firefighting equipment, sufficient to demonstrate proficiency.
402.7 INSPECTIONS
The Fresno County Sheriff's Office shall be inspected by the appointed Fire/Life Safety Officer
(FLSO) who is qualified to perform fire and safety inspections on a monthly basis to ensure that
fire safety standards are maintained (15 CCR 1032). These inspections will be focused on, but
not limited to:
• Fire prevention.
• Staff training and proficiency.
• Firefighting equipment availability and functionality.
• Alarms, fire detectors, and fire safety equipment.
• Staff familiarity with:
• Prevention and suppression techniques.
• Suppression pre-planning.
• Breathing apparatus (Fire Escape Hood) use.
• Emergency response.
• Fire safety equipment.
• The evacuation plan.
The Jail Medical and Services Bureau Commander or the authorized designee shall ensure that
staff conduct monthly fire and safety inspections of the facilities and that fire safety equipment is
tested periodically (15 CCR 1029(a)(7)(E)).
A staff member shall be assigned to coordinate with local or state fire officials for the inspections
once every two years, pursuant to Health and Safety Code § 13146.1(a); and Health and Safety
Code § 13146.1(b). The results of all fire inspections and fire equipment testing shall be provided
to the Jail Medical and Services Bureau Commander and the Sheriff, and the records maintained
for at least two years (15 CCR 1032(b)).
402.7.1 FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS
The Jail Medical and Services Bureau Commander, with the local environmental health expert,
will review the type of materials introduced into the facilities to ensure that flammable, toxic, and
caustic materials are controlled and safely used. All such materials will be safely stored and only
used by incarcerated persons under the direction of the staff.
402.8 EMERGENCY HOUSING OF INCARCERATED PERSONS
The Jail Medical and Services Bureau Commander or the authorized designee shall develop a
plan for the emergency housing of incarcerated persons in the event of a fire (15 CCR 1032(e)).
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The plan should include procedures for continuing to house incarcerated people on-site or via
Mutual Aid Agreements. This plan shall be reviewed annually and revised if necessary.
402.9 REFERENCE
See the following for further guidance:
Procedure 402.1 Fire Safety
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Policy Fresno County Sheriff's Office
4 Custody Policy Manual
Emergency Power and Communications
403.1 PURPOSE AND SCOPE
The Fresno County Sheriff's Office facilities must continue to operate as a safe and secure
environment regardless of emergencies, including electrical outages.
The purpose of this policy is to establish guidelines regarding:
(a) Backup power and communication systems.
(b) Inspection, preventive maintenance, and testing of the backup systems.
403.2 POLICY
It is the policy of this Office to ensure that power to critical systems and communications continues
to operate within the facilities in the event of a loss of power.
403.2.1 PREVENTIVE MAINTENANCE
It is the responsibility of the Sheriff and the Jail Medical and Services Bureau Commander to
ensure there is sufficient emergency power to operate the following essentials:
(a) Lighting
(b) Security equipment
(c) Safety equipment
(d) Communications systems.
The emergency power system should have sufficient fuel to allow the facility to operate
continuously for a three-day period, if necessary.
The emergency power system should be inspected, tested, and maintained as necessary. If the
system fails, the Jail Medical and Services Bureau Commander or the Watch Commander should
immediately contact the Jail Services Unit to obtain necessary repairs. If the emergency power
system cannot be repaired within eight hours, portable emergency generators should be secured
as a temporary emergency power source.
403.2.2 SAFETY AND SECURITY
All safety and security equipment will be repaired or replaced in an expedited manner by qualified
personnel. If the equipment becomes inoperable and unsafe to operate a secure portion of a
facility, that portion of the facility should be vacated, and incarcerated persons housed elsewhere.
Alternatively, staffing could be sufficiently increased for the area to remain safe and secure until
the repair is completed.
403.2.3 INSPECTION AND TESTING
The Jail Medical and Services Bureau Commander or the authorized designee is responsible for
scheduled testing of emergency power systems (15 CCR 1029).
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(a) The emergency power system should be load-tested in accordance with the
manufacturer's recommendations or at least periodically.
(b) All emergency equipment and systems should be inspected and tested by a qualified
individual.
(c) Power generators should be inspected and tested every two weeks by a qualified
individual.
All testing and inspections shall be documented and the results included in a report to the Jail
Medical and Services Bureau Commander.
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Policy Fresno County Sheriff's Office
4 Custody Policy Manual
Security Emergency Response and Tactics
(SERT) Team
405.1 PURPOSE AND SCOPE
The purpose of this policy is to establish and maintain an emergency response unit known as
the Security Emergency Response and Tactics (SERT) team. The primary function of the SERT
team is the immediate response and de-escalation of incarcerated person disturbances in order
to protect the safety and security of all persons within the Fresno County detention facilities.
405.2 POLICY
It is the policy of the Fresno County Sheriff's Office Custody Division to maintain a Security
Emergency Response and Tactics (SERT) team comprised of specially trained, equipped, and
selected correctional officers. The SERT team should be used when an incident rises to the level
where conventional jail resources are unable to maintain or regain control, or when the safety and
security concerns of an incident presents the potential of posing a significant risk, and the skills
and equipment of the SERT team would be the most effective option available.
It is the policy of the Fresno County Sheriff's Office Custody Division that the role of the SERT
Commander shall be to confer and coordinate with the designated Incident Commander to
establish a goal for the particular operation and to properly deploy the SERT members toward
achieving the goal.
405.3 SERT TEAM COMPOSITION
The SERT team is a collateral duty assignment for select members of the Fresno County Sheriffs
Office Custody Division. The team is composed of the following members:
• One (1) Correctional Lieutenant
• Four (4) Correctional Sergeants
• Sixteen (16) Correctional Officers
405.4 SERT MEMBER SELECTION
(a) All correctional officers selected as SERT members must hold the rank of C/O II or
higher.
(b) For the purpose of SERT member selection, consideration is given to those
correctional officers with excellent work experience and ethics, who have
demonstrated the ability to:
1. Perform in an exemplary manner during regular duty.
2. Perform well under stressful situations.
3. Follow orders exactly.
4. Act as a team member rather than as an individual.
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Security Emergency Response and Tactics (SERT) Team
(c) The SERT Commander and SERT members shall be appointed by and serve in that
assignment at the discretion of the Jail Operations Bureau Commander.
(d) The selection process shall consist of an oral interview and a physical abilities test,and
include a review of each candidate's Bureau File, Training File, and Personnel File.
(e) The interview panel will consist of the SERT Lieutenant and at least two (2) SERT
Sergeants.
(f) Recommendations for appointment to the SERT team shall be submitted to the Jail
Operations Bureau Commander by the interview panel.
(g) SERT members may be removed from the team by the SERT Commander with the
approval of the Jail Operations Bureau Commander. Removal cannot be appealed.
405.5 SERT UNIFORM AND EQUIPMENT ISSUE
Each member will be issued a SERT uniform, a training uniform, and SERT equipment that remain
the property of the Fresno County Sheriffs Office.
It shall be the responsibility of each SERT member to properly maintain the uniforms and issued
equipment, and to bring all issued equipment to every activation and training session.
Upon final separation from the team,the departing SERT member shall personally return all issued
equipment to the SERT Commander.
405.6 ON-CALL STATUS
All SERT team members serve in an on-call status. SERT activation alerts are transmitted via
phone using the Everbridge mass notification system. In order to remain readily accessible at all
times, SERT members are required to provide a contact number for notifications that require an
emergency response.
All SERT team members are subject to call out, unless otherwise excused. SERT members
are responsible to notify the SERT team leaders and will be excused under the following
circumstances:
(a) Scheduled vacation
(b) Out of town (or otherwise unavailable to immediately respond)
(c) Under the influence of any alcoholic beverage
(d) Use of over-the-counter or prescription medication that may have an adverse effect
on performance
405.7 SERT TRAINING
A training program specifically designed for the team shall be developed by the SERT Commander
in conjunction with the Training Unit.
All SERT members shall participate in a minimum of fifty-six (56) hours of designated SERT
training annually.
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Security Emergency Response and Tactics (SERT) Team
If a SERT member will not be available for training due to unforeseen circumstances, they shall
promptly notify the SERT Commander or a SERT Sergeant.
405.8 SERT EQUIPMENT
All equipment assigned to the team, including all riot suppression equipment, firearms, and
munitions, shall only be utilized by members of SERT and only with prior approval of the SERT
Commander or Jail Operations Bureau Commander.
When not in use, all SERT equipment shall be stored in the SERT Equipment Room located in
the North Annex Jail. All SERT weapons shall be stored in the North Annex Jail SERT armory.
Access to the armory is limited to SERT members.
405.9 SERT RADIOS
Each SERT member will be assigned a permanent call number. These call numbers will be used
whenever a SERT member is directed to log onto a radio channel which is normally used by the
Patrol Bureau.
Three bank chargers have been placed into the SERT armory and all SERT radio batteries should
remain in those chargers when not in use.
405.10 SERT ACTIVATION AND RESPONSE
The SERT team may be activated by the SERT Commander or the on-duty Watch Commander
with the approval of a Jail Operations Bureau Commander.
(a) The Everbridge system shall be utilized to initiate activation of the SERT team. The
mass notification system will alert all SERT members.
(b) SERT members may not self-deploy.
SERT members will be responsible to individually respond to the activation via phone, text, or
email. A designated SERT Sergeant will utilize the Everbridge system to monitor the responses
of the SERT members.
SERT members shall respond and assemble as quickly as legally possible to the Main Jail Briefing
Room (or other designated staging location) in their SERT uniform, for briefing and appropriate
equipment issue.
An alternative location for assembly of the SERT team may be designated by the SERT
Commander (or designee).
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Chapter 5 - Incarcerated Person Management
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Policy Fresno County Sheriff's Office
504 Custody Policy Manual
Safety Checks
504.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a requirement for conducting visual safety checks for all
incarcerated persons, and for creating and maintaining a log to document all safety checks.
504.2 POLICY
It is the policy of the Fresno County Sheriff's Office that all correctional staff shall conduct
safety checks on all incarcerated persons, at a frequency determined by custody status, housing
classification, and applicable state law. Officers shall only utilize approved routes for routine safety
checks (e.g., not using fire doors between pods).
504.3 SAFETY CHECKS
The staff shall adhere to the following procedures when conducting safety checks (15 CCR 1027;
15 CCR 1027.5):
(a) Safety checks shall be conducted at least once every 60 minutes and more frequently
if necessary.
(b) Officers shall perform a complete tour of safety checks in their assigned area within
the first thirty (30) minutes of coming on duty, and within the last thirty (30) minutes
before going off duty.
(c) Safety checks shall be conducted on an irregular schedule (staggered) so that
incarcerated persons cannot predict when the checks will occur.
(d) Safety checks shall be done by personal observation of the correctional officer and
shall be sufficient to determine whether the incarcerated person is experiencing any
stress or trauma.
(e) Cameras and monitors may supplement the required visual observation safety checks,
but they shall not replace the need for direct visual observation.
(f) Safety checks will be clearly documented in permanent logs.
(g) Actual times of the checks and notations should be recorded.
(h) Log entries shall never be made in advance of the actual check. Log entries made in
this manner do not represent factual information and are prohibited.
(i) Special management incarcerated persons shall be checked more frequently as
detailed in this chapter under Special Management Incarcerated Persons Policy.
504.3.1 SAFETY CHECK DOCUMENTATION
All safety checks shall be documented. Documentation shall include (15 CCR 1027.5):
(a) The actual time when each safety check occurred.
(b) The location where each safety check occurred, such as a cell, module, or dormitory
number.
(c) Initials or member identification number of staff who completed the safety check.
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(d) Should a legitimate incident arise that prevents timely safety checks, a note shall be
made on each late entry specifying the reason.
Safety check documentation shall be reviewed at regular, defined intervals by the Jail Operations
Bureau Commander or designee. The review shall include any noted inconsistent documentation
or any untimely completion of safety checks (15 CCR 1027.5).
504.4 REFERENCE
See the following for further guidance:
SAFETY CHECK PROCEDURES
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Policy Fresno County Sheriff's Office
506 Custody Policy Manual
Civil Detainees
506.1 PURPOSE AND SCOPE
This policy provides safeguards to ensure that persons held under a civil detainee are afforded
appropriate standards of custody.
Nothing in this policy prevents application of discipline under the Discipline Policy.
506.1.1 DEFINITIONS
Definitions related to this policy include:
Civil detainee -Any person in custody held for a reason other than for criminal matters.
506.2 POLICY
It is the policy of the Fresno County Sheriff's Office that any confinement conditions placed on civil
detainees are for legitimate, non-punitive purposes.
506.3 LESS RESTRICTIVE CONDITIONS
Civil detainees should not be restricted in their activities to any extent greater than that reasonably
necessary to maintain order and security, and to ensure their appearance at any arraignments
or trials.
506.4 SCREENING
Civil detainees should undergo the same screening process as other incarcerated persons,
including attention to whether the person poses an enhanced security concern.
506.5 ORIENTATION
Civil detainees should receive orientation materials explaining the benefits and rules that are
applicable to them.
506.6 CONDITIONS OF CONFINEMENT IN HOUSING
All civil detainees should be housed separately from other incarcerated persons.
506.6.1 ACCESS TO MAIL AND TELEPHONE
Civil detainees shall have the same access to books, periodicals, magazines, and telephones as
any other general population incarcerated person.
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Policy Fresno County Sheriff's Office
508 Custody Policy Manual
Classification
508.1 PURPOSE AND SCOPE
This policy describes the Fresno County Sheriff's Office's classification process,which is designed
to identify security and health issues so that incarcerated persons may be held and housed in
such a way as to foster a safe and secure facility (15 CCR 1050).
508.2 POLICY
It is the policy of the Fresno County Sheriff's Office Custody Division that the classification plan
shall utilize an objective classification system. The objective classification system shall consist of
a numerical system of evaluation that promotes similar classification decisions consistent with the
individual's behavior and charges in comparable cases. The system shall include consideration
of each incarcerated person's security level, suicide risk, and past behavior.
It is the policy of the Fresno County Sheriffs Office Custody Division that all incarcerated people
shall be classified after the booking process is completed and prior to their placement into a
housing unit. If it becomes necessary to reclassify an individual, the reclassification procedure
shall be completed per this policy.
It is the policy of the Fresno County Sheriff's Office Custody Division that the Custody Division's
classification system shall be subject to audit. The extent and frequency of the audit shall be
determined by the Population Management Lieutenant.
508.3 CLASSIFICATION OFFICER RESPONSIBILITY
Classification officers are responsible to:
(a) Interview and assess individuals to determine custody level; analyze risk factors,
review criminal history information, current charges, and past incarceration records;
and assign custody levels utilizing the objective classification assessment tool.
(b) Initiate and document all housing transfers. Population Management staff has the
sole authority to assign individuals to housing units. While other staff members may
recommend transfers in emergencies, Population Management staff must review,
approve, and initiate all housing reassignments.
(c) Perform reassessment/reviews as scheduled and when warranted. Modify housing
assignments as appropriate.
(d) Assign individuals to discipline housing.
(e) Maintain a log of all adverse activity that results in housing reassignments that occur
during the course of each shift. The log includes relevant information pertaining to
altercations, assaults, safety cell placements, observation cell transfers, Pro-Straint
Restraint Chair placements, and other disturbances.
(f) Identify and document independent gang source items.
(g) Review requests for incarcerated worker status and make decisions as to
appropriateness for participation.
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(h) Continuously evaluate the populations of each facility as they relate to the established
jail population capacities. Determine areas where population reduction or relocation
is necessary. Implement transfers or releases, as applicable.
508.4 CLASSIFICATION PLAN
The Jail Operations Bureau Commander or the authorized designee should create and maintain
a classification plan to guide staff in the processing of individuals brought into the facility.
The plan should include a process for determining appropriate housing assignments (28 CFR
115.42). The plan should include use of an objective screening instrument, procedures for making
decisions about classification and housing assignments, intake and housing forms, and a process
to ensure that all classification and housing records are maintained in each incarcerated person's
permanent file. The plan should include an evaluation of the following criteria (15 CCR 1050):
• Age
• Gender identity
• Criminal sophistication (e.g., security level)t
• Seriousness of crime charged
• Physical or mental health needs (e.g., suicide risk)t
• Assaultive/non-assaultive behavior
• Past behaviort
• All individuals shall be assessed for their risk of being sexually abused by other
persons or sexually abusive toward other persons. Considerations include, but are
not limited to:
• Whether the individual has a mental, physical, or developmental disability.
• The age of the individual.
• The physical build of the individual.
• Whether the individual has previously been incarcerated.
• Whether the individual's criminal history is exclusively nonviolent.
• Whether the individual has prior convictions for sex offenses against an adult
or child.
• Whether the individual is, or is perceived to be, gay, lesbian, bisexual,
transgender, intersex, or gender nonconforming.
• Whether the individual has previously experienced sexual victimization.
• The individual's own perception of vulnerability.
• Whether the individual is detained solely for civil immigration purposes.
• Any other criteria as deemed appropriate by the Sheriff or the authorized designee.
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Incarcerated individuals are not permitted to request a particular housing placement.
Information obtained in response to screening questions shall be considered confidential and
shall only be made available to those who have a legitimate need to know (28 CFR 115.41).
This information shall not be released outside of the Sheriff's Office without the knowledge and
approval of a Population Management Sergeant, the Population Management Lieutenant, any
Custody Division Captain, or by order of the court.
tHall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), IV.D.1.
508.4.1 INCARCERATED PERSON RESPONSE TO SCREENING
Incarcerated persons may not be compelled by threat of discipline to provide information or
answers regarding (28 CFR 115.41):
(a) Whether the incarcerated person has a mental, physical, or developmental disability.
(b) Whether the incarcerated person is or is perceived to be gay, lesbian, bisexual,
transgender, intersex, or gender nonconforming.
(c) Whether the incarcerated person has previously experienced sexual victimization.
(d) The incarcerated person's own perception of vulnerability.
508.5 ARRESTEE CLASSIFICATION
The initial determination is intended to identify predatory, violent, and at-risk incarcerated persons
(e.g.,administrative separation charges, mental illness, intoxication,gang affiliation,etc.). It should
occur early in the intake process, prior to placement into a cell, to allow for appropriate supervision
while an incarcerated person is being temporarily held in this facility and until a decision is made
to place the individual into a more permanent housing assignment. Any pertinent classification
information upon intake shall be communicated from the Booking I officer to the Main Jail 1st
Floor staff.
508.5.1 CUSTODY LEVELS
The classification plan provides for the placement of individuals into three (3) custody levels:
• Level 1 (minimum)
• Level 2 (medium)
• Level 3 (maximum)
Generally, housing assignments shall be consistent with the individual's scored custody level.
However, situations may occur in which a person requires housing in a unit which is not
commensurate with their custody level. In such circumstances, compatible individuals with
dissimilar classification custody levels may be housed together in designated dual-classification
housing units using the following guidelines:
• Level 1 and Level 2 may be housed together.
• Level 2 and Level 3 may be housed together.
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• Level 3 may not be housed with Level 1.
508.6 CLASSIFICATION UPON HOUSING
Once it has been determined that the person arrested will not be released from custody on bail
or O.R., a more in-depth classification of the incarcerated person will be conducted in a timely
mannert after which the person will be moved to more permanent housing.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), IV.D.1.
508.6.1 INITIAL CUSTODY ASSESSMENT SCALE
The Initial Custody Assessment Scale is used to determine the most appropriate custody level
for the incarcerated person. The form consists of a set of scored items that are weighted
according to their reliability and ability to predict institutional adjustment. Scores on the initial
classification form include the individual's current charges, previous serious offenses, history
of institutional misconduct, prior incarceration time, and other factors known to be related to
institutional misconduct, such as gang involvement and the individual's age.
1. SEVERITY OF CURRENT CHARGES/CONVICTIONS
The individual's most serious current charge is awarded the corresponding number of points
associated with the severity category. [Refer to Addendum B for the Severity of Offense Scale.]
The Points Assessed
Low 1
Moderate 2
High 5
Highest 6
(a) Misdemeanors are usually considered "Low" and given the corresponding one (1)
point. Exceptions are noted on the Severity of Offense Scale. An exception also
applies when a felony is reduced to a misdemeanor. For example, a PC 245(a)(1)
charge would still be considered "High" on the Severity of Offense Scale, regardless
of whether the charge was reduced to a misdemeanor.
(b) All felonies are considered at least"Moderate." If not listed on the Severity of Offense
Scale, the classification officer shall research the code section and make a well-
reasoned determination to rank as appropriate.
(c) An attempt shall be made to determine the underlying charge for any out-of-
state or federal agency hold/detainer. The charge should be scored based on the
California criminal code that best describes the offense. Indeterminate charges shall
be considered "Moderate" and given the corresponding two (2) points.
(d) Attempt to commit a crime (PC 664), aiding and abetting (PC 31), and conspiracy (PC
182) charges, are all scored the same as the principal felony.
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(e) If an individual has been booked on a technical violation of probation or parole, the
severity of the current charge is to be based on the offense for which probation or
parole was granted.
2. SEVERITY OF INSTITUTIONAL BEHAVIOR
The person's disciplinary history for the past thirty-six(36) months is assessed, including behavior
in all institutions, if readily available (e.g., CDCR). Violations are categorized by severity, ranging
from violent or predatory behavior (e.g., assault) to nuisance behavior that simply disrupts the
smooth and orderly management of the facility (e.g., violation of visiting rules or cell cleanliness).
[Refer to Addendum C for the Severity of Institutional Behavior chart.]
Severity of institutional behavior in the last 36 Points Assessed
months
None or Minor (Nuisance Behavior) 0
Moderate- Disruptive Behavior in last 12 months 2
Major-Aggressive/Destructive Behavior in the last 4
36 months
Serious -Violent/Predatory Behavior in the last 36 6
months
Prior history of institutional sexual assault shall be considered in assessing individuals for risk of
being sexually abusive, without regard to the time parameter. That information would be included
as a factor that may warrant override.
3. SERIOUS OFFENSE HISTORY
The individual's most serious prior conviction during the last 15 years is awarded the
corresponding number of points associated with the severity category according to the Severity
of Offense Scale.
The Severity of Offense Scale is used to rate Points Assessed
the most serious prior conviction in the last 15
years
None or Low 0
Moderate 1
High 4
Highest 5
(a) Parole violators may not be penalized for the same charge twice (i.e., their current
parole hold and their prior conviction may not both be the same charge). Convictions
prior to the parole charge shall be assessed.
(b) If a felony charge is reduced to a misdemeanor, the severity of offense points will not
change(e.g., if a PC 245(a)(1)charge is reduced to a misdemeanor, the charge would
still be scored "High").
4. INSTITUTIONAL DISCIPLINARY HISTORY
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The total number of disciplinary actions within the past 36 months shall be calculated. Violations
include 24-hour lockdowns, charges acquired while in custody (e.g., PC 241.1, PC 4573.6), and
rule violations received at other institutions (if readily available). To be included, the individual
must have been found guilty of the rule violation or associated charge(e.g., PC 4573.6 conviction),
or admit to such.
Total number of disciplinary reports and 24- Points Assessed
hour lockdowns within the past 36 months
None 0
One 1
Two 2
Three or more 3
5. PRIOR INCARCERATION TIME
The total number of years spent in correctional institutions shall be tallied. All county jail, state
prison, state hospital, and federal prison time shall be included.
Total number of years spent in correctional Points Assessed
institutions
0 to 2 years 0
2.01 to 8 years 2
8.01 to 15 years 3
15.01 years or more 4
6. GANG INVOLVEMENT
Identification of gang members and associates allows the Population Management Unit to
maintain housing separation of the various factions based on security needs.
(a) Gang members generally account for more assaults on other incarcerated persons
and staff than individuals not affiliated with a gang. Modulating housing assignments
and monitoring gang activity helps to reduce assaults and violence within the facilities.
(b) The initial identification process is primarily facilitated by self-admissions, tattoos, and
distinctive clothing during the initial classification interview. Individuals need only self-
identify and declare themselves to be a gang member, associate, or dropout to be
considered such.
(c) Conversely, individuals may attempt to conceal their affiliation by denying gang
involvement. However, if an individual meets any single criterion for gang membership,
points may be assessed accordingly.
Gang Involvement Points Assessed
None or denies 0
Previously documented/Jail Culture 1
Ex-Member, Ex-Associate, or Dropout 2
Full or Associate member 4
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7. CURRENT AGE
Self-explanatory.
Current age Points Assessed
Age 46 or older 0
Age 32 -45 1
Age 23-31 2
Age 18-22 3
The SUBTOTAL is a total of the points of the first two category scores (items 1 and 2). The
COMPREHENSIVE CUSTODY SCORE is the total score(items 1-7). The suggested custody
level is based on this point total.
Custody Score Custody Level Indicated by Scale
9 or fewer points on items 1-7 Level 1
10 - 16 points on items 1-7 Level 2
17 or more points on items 1-7 Level 3
9 or more points on items 1-2 Level 3
If the custody level indicated by the scale is appropriate, the classification officer shall initiate a
housing assignment within the designated custody level.
If there are factors which warrant a custody level different from the custody level indicated by the
scale, the classification officer can recommend to override the scored custody level.
508.6.2 INTERVIEW
The classification process begins with a review of any initial classification information obtained
during the booking process, as well as a review of any prior classification information and
an interview by the classification officer. The review of initial classification documents and the
questions,answers,and observations from the incarcerated person's interview will be documented
and numerically scored, representing the security level appropriate for each incarcerated person.
Individualized determinations shall be made about how to ensure the health and safety of each
incarcerated person (28 CFR 115.42; 15 CCR 1050).
508.6.3 OVERRIDE
The classification officer has the authority to override the classification level when it appears
necessary to more appropriately assign housing. The override capability exists to use the
classification officer's training and expertise in those instances when the classification level is
not reflective of the incarcerated person's potential security or health risk. All overrides will be
reviewed by a supervisor and are intended to be an exception, rather than the rule.
If an override is recommended by classification staff, the classification officer must provide a
rationale, and the override must be reviewed and approved (or not approved) by a Population
Management Sergeant.
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(a) The review shall be completed within forty-eight (48) hours following the time of the
override.
(b) If the recommended custody level is not approved, the Population Management
Sergeant shall ensure that the individual is reclassified, and a housing transfer of the
individual is initiated, as appropriate.
508.7 REVIEWS AND APPEALS
Once an incarcerated person is classified and housed, the person may request a review of the
decision of the classification officer. The requested review process shall begin with a Request
Form then an Incarcerated Person Grievance Form if the incarcerated person is still dissatisfied.
The decision after the grievance may be appealed to the Jail Operations Bureau Commander or
the authorized designee, in accordance with the Chapter 6: Grievances Policy. The decision by
the Jail Operations Bureau Commander or the authorized designee is final.
508.7.1 PERIODIC CLASSIFICATION REVIEWS
All individuals shall have their initial classification status reassessed within 30 days from the
date of arrival at the facility to determine if reclassification is warranted. Each individual's risk of
victimization or abusiveness will be reassessed based upon any additional relevant information
received since the intake screening.
The classification officer shall review the status of all incarcerated persons who have been
incarcerated in the facility for more than 30 days and minimally every 90 days thereafter. The
review should examine changes in the incarcerated person's behavior or circumstances and
should either raise, lower, or maintain the classification status (28 CFR 115.41).
Housing and program assignments for each transgender or intersex incarcerated person shall be
reassessed at least twice each year to review any threats experienced by the person (28 CFR
115.42).
Incarcerated person risk levels shall be reassessed when required due to a referral, request,
incident of sexual abuse, or receipt of additional information that increases the incarcerated
person's risk of sexual victimization or abusiveness (28 CFR 115.41).
A. The classification review consists of a reassessment of the following:
1. Any disciplinary actions within the past thirty-six (36) months.
2. Any incident reports.
3. All current charges.
4. All past classification log entries (i.e., Class Comments).
B. The classification review shall be conducted by one or more classification officers
utilizing a Custody Reassessment Scale.
C. Individuals are not required to be present during their classification review.
D. The custody reassessment will not necessarily result in a change of custody level or
housing assignment.
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1. Reviews that result in no change shall require that a Notification of Classification
Review be forwarded to the individual notifying them that their present
classification was determined to be appropriate and will continue unaffected.
2. Reviews that result in a reclassification shall require that the individual be
personally informed of the transfer and provided the opportunity to respond. A
written decision that explains the reasoning shall be provided, as follows:
(a) A Reclassification Form shall be initiated for all general population
and protective custody housing transfers, as well as removals
from administrative separation housing. [Refer to Addendum F -
Reclassification Form.]
(b) An Administrative Separation Placement/Transfer Notice shall be initiated
for all transfers into administrative separation, as well as transfers to or
from more restrictive administrative separation housing (e.g., from an A-
pod to an FF-cell; from an FF-cell to an A-pod).
E. Individuals will subsequently have their classification status routinely reviewed for
modification a minimum of once every ninety (90) days thereafter, with the following
exceptions [Refer also to Addendum G.]:
1. All individuals housed in single cells shall receive a reassessment of their
classification status every thirty (30) days to determine if the individual can be
moved to less restrictive housing.
2. All individuals with serious mental illness housed in lockdown cells (e.g., Main
Jail A-pods) shall receive a reassessment of their classification status every
thirty (30) days to determine if the individual can be moved to less restrictive
housing.
3. Every thirty (30) days, involuntarily separated LGBTI individuals shall be
reviewed to determine whether there is a continuing need for separation from
the general population.
4. Transgender and intersex individuals shall be interviewed during their
reassessments at least twice each year to review any threats to safety
experienced by the individual.
5. Individuals who are transferred to protective custody or non-single cell
administrative separation housing shall have their classification status reviewed,
if requested, thirty (30) days from the time of placement, and every ninety (90)
days thereafter.
6. An individual's classification status shall be reviewed prior to removal from
disciplinary status, for transfer to an appropriate housing unit.
7. An individual's classification status shall be reassessed when warranted due
to a referral, request, serious incident, or receipt of additional information that
bears on the individual's risk of victimization or abusiveness.The Population
Management Unit shall be immediately notified if an employee has significant
concern that an individual may be subject to sexual victimization, or if an
individual displays predatory behavior.
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F. The classification officer performing the review shall ensure that a Class Comment
entry is made in Offendertrak and the next review is scheduled as appropriate (e.g.,
30 or 90 days hence).
508.8 HOUSING ASSIGNMENTS
508.8.1 MANAGEMENT ISSUES AND SPECIAL HOUSING
Special management issues are factors that warrant attention and possible intervention by staff
in the form of special housing.
(a) Some individuals may request special housing for their own protection. Whether the
individual requests it or when there is reason to believe such custody is warranted, the
decision is the responsibility of the Population Management Unit.All decisions to place
an individual in protective custody or administrative separation, as well as decisions to
deny requests for placement in protective custody or administrative separation, shall
be documented. Any factors which affect the individual's housing shall be indicated
on the form.
(b) Individuals initially classified into an administrative separation cell shall have an
Administrative Separation Placement/Transfer Notice completed by the classification
officer. [Refer to Addendum D]
1. A copy of the Administrative Separation Placement/Transfer Notice will be
provided to the individual prior to placement.
2. The individual's administrative separation placement shall be reviewed for
retention or release by a Population Management Sergeant within forty-eight
(48) hours of placement.
(c) Incarcerated people classified as 'High Security' shall be handled with extreme
caution and remain separated from all other incarcerated people unless under escort
by officers. All incarcerated people classified as high security by the Population
Management Unit shall be issued and required to wear yellow jumpsuits.
508.8.2 INCARCERATED PERSONS WITH SERIOUS MENTAL ILLNESS
A. A person with serious mental illness (SMI) shall not be housed in an administrative
separation lockdown cell (e.g., Main Jail A-Pods and FF-cells) unless the individual
demonstrates a current threat to jail security, incarcerated persons and/or officer safety
as documented by correctional staff, that prevents the individual from being safely
housed in less restrictive locationst
.
tHall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), II.G.2.
A. In the event that any person with SMI must be housed in a single cell or any locked
down housing unit for more than 48 hours, the individual is to have their case reviewed
by a multidisciplinary team consisting of corrections and Mental Health staff every two
(2)weeks. The decision for an SMI individual's continued housing in a single cell must
include input from a licensed mental health cliniciant
.
tHall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), II.G.4.a.
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A. All SMI individuals housed in administrative separation cells shall receive a
classification review at least once every thirty (30) days to determine if the individual
can be moved to less restrictive housing. Mental Health staff shall assess the housing
requirements of SMI individuals, which shall be discussed at monthly administrative
meetings with custody and health care stafft.
NOTE: A new mental health assessment is not required every 30 days, so long as
Mental Health staff has adequate information to make an informed and meaningful
recommendation about whether the SMI individual should continue to be housed in that
unit.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), II.G.6.
A. The Population Management Unit shall assist Mental Health staff in the development
and implementation of behavior management plans for individuals with serious mental
illness who engage in repeated acts of misconduct with the goal of reducing their
placements, or shortening the length of time the individual spends in lockdown
administrative separation housingt
.
tHall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), II.F.1.
508.8.3 INDIVIDUALS AT RISK OF SUICIDE
A. All persons are screened for suicide risk immediately upon intake and prior to housing
assignment.
B. Any person who displays signs of suicide risk shall have a comprehensive suicide risk
assessment form completed by a mental health clinician to determine if the individual
presents a low, moderate, or high risk of suicidet
.
tHall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), II.E.1.
A. Housing recommendations for individuals at risk of suicide must balance safety and
the environment. The least restrictive environment should be considered.
1. Individuals determined by Mental Health to be a low risk for suicide shall be
housed with other incarcerated persons or, if they cannot be housed with other
incarcerated persons, in housing where they can be frequently monitored by
correctional staff. Such individuals shall be monitored at least monthly by Mental
Health stafft.
2. Individuals determined to be a moderate risk for suicide shall be housed with
other incarcerated persons unless they pose a safety and security threat to other
incarcerated persons. Moderate-risk individuals shall also be housed in locations
that allow correctional staff to observe and communicate with these individuals
on a daily basis. Such individuals shall be monitored at least weekly by Mental
Health stafft.
tHall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), II.E.3.
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A. All incarcerated persons shall be screened for suicide risk and offered the opportunity
to talk to a Mental Health clinician during special situations, including placement in
restrictive housing, or after a change in classification.
1. The classification officer involved in the placement or reclassification shall be
responsible for notifying Mental Health Services on the individual's behalf if so
requested.
2. Documentation of the notification shall be indicated on the associated
classification form.
508.8.4 ACCOMMODATIONS FOR INDIVIDUALS WITH DISABILITIES
A. The Population Management Unit shall maintain a list of housing units with accessible
features to simplify housing decisions (e.g., accessible toilets and showers with
such physical features as grab bars, shower seats, no shower curbs, no stairs,
and pathways wide enough to permit wheelchair/walker access, etc.). The list shall
separately identify each cell in the Outpatient Housing Unit(OHU/Main Jail 2nd floor)t.
[Refer to Addendum E.]
tHall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), III.A.4.
A. Staff assigned to the Population Management Unit are responsible for ensuring that
individuals with disabilities are housed in the most integrated setting appropriate to
the needs of the individuals. Unless it is appropriate to make an exception, Population
Management staff shall not place individuals with disabilities:
1. In inappropriate security classifications because no accessible cells or beds are
available.
2. In housing locations that do not offer the same services, programs, and activities
as the location where they would otherwise be housed.
3. In medical Outpatient Housing Units unless the individual is actually receiving
medical care or treatment. Exceptions shall only apply if there is no other housing
location where the individual can be reasonably accommodated. Individuals with
disabilities who are housed in the OHU because they cannot be reasonably
accommodated in other locations shall receive equal access to services,
programs, and activitiest
.
tHall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), III.A.7.
A. Medical staff shall make available all information needed to make adequate housing
decisions. Medical staff is responsible for initiating a Disability Evaluation Form which
will indicate the individual's functional limitations and restrictions.
B. Population Management staff shall review all Disability Evaluation Forms and:
1. Make appropriate notations on the Class Comment log based upon the
incarcerated person's individual housing needs.
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2. Ensure that an "ADA" Alert was created in Offendertrak with the appropriate
notations made in the Remark section. If the Alert was not created, notify the
ADA Coordinator.
3. Ensure the individual is assigned to appropriate housing,or make necessary
moves to ensure the individual's housing is appropriate based upon their needs.
4. Make appropriate notations on the Disability Evaluation Form; sign and forward
the form to the ADA Coordinator for ADA compliance review. The ADA
Coordinator will be responsible for notifying Jail Programs staff.
508.8.5 ADMINISTRATIVE SEPARATION
A. If it is determined by Population Management that an individual's presence in the
general population (or protective custody) presents a threat to the safety of others,
endangers facility security, or jeopardizes the integrity of an investigation of alleged
serious misconduct, criminal activity, or the safety of any person, the individual shall
be immediately removed from the general population (or protective custody) and
transferred to administrative separation.
1. An Administrative Separation Placement/Transfer Notice shall be completed by
the classification officer.
2. The individual must be personally interviewed and informed of the transfer.
3. The individual's comments, reaction, and/or arguments to the reclassification
shall be noted on the form and considered.
4. A copy of the form will be provided to the individual prior to placement, if practical,
but not later than twenty-four (24) hours after such placement.
5. The individual's administrative separation placement shall be reviewed for
retention or release by a Population Management Sergeant within forty-eight
(48) hours of placement.
B. Anytime an individual housed in administrative separation is transferred to or from
a more restrictive administrative separation housing unit (e.g., from an A-pod to an
FF-cell; from an FF-cell to an A-pod, etc.), an Administrative Separation Placement/
Transfer Notice shall be completed. (The transfer between various administrative
separation cells does not require a Reclassification Form.)
C. A documented individualized ongoing review and evaluation of the need to continue
placement in administrative separation shall be performed as part of the classification
review and reassessment process.
1. Administrative separation must not adversely affect an individual's health.
2. Removal from administrative separation status shall occur at the earliest
possible time in keeping with the circumstances and reasons for the individual's
initial placement in administrative separation. (A Custody Reassessment Scale
and Reclassification Form shall be completed.)
D. An individual should not remain in a single cell for more than one year unless
the Population Management Lieutenant has determined that the release of the
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individual would severely endanger the lives of individuals or staff, the security of the
institution, or the integrity of an investigation into suspected criminal activity or serious
misconduct; or the individual has voluntarily requested to be housed alone.
E. Administrative separation housing does not involve any deprivation of privileges more
than is necessary to maintain the safety of incarcerated people and facility staff.
F. A person convicted of a capital crime and sentenced to death by a jury may be
transferred and/or housed in an administrative separation single cell housing unit
for the balance of their stay in custody, subject to the review and approval of the
Population Management Lieutenant.
508.8.6 HIGH RISK INDIVIDUALS - PREA
Housing, bed, work, and program assignments should be made to separate incarcerated persons
at high risk of being sexually victimized from those at high risk of being sexually abusive (28 CFR
115.42). Incarcerated persons identified as being at high risk for sexually aggressive behavior will
be monitored and housed in an area that will minimize the risk to other incarcerated persons and
staff. All incarcerated persons identified as being at risk of victimization shall be monitored and
housed in an area to minimize the risk to their safety. However, incarcerated persons at high risk
for sexual victimization shall not be placed in involuntary protective custody unless an assessment
of all available alternatives has been made and it has been determined that there is no available
alternative means of separation from likely abusers (28 CFR 115.43; 28 CFR 115.68).
Housing and program assignments of a transgender or an intersex incarcerated person shall
include individualized consideration for the incarcerated person's health and safety and any
related supervisory, management, or facility security concerns (15 CCR 1050). A transgender or
an intersex incarcerated person's views with respect to their own safety shall be given serious
consideration.
Lesbian, gay, bisexual, transgender, or intersex incarcerated persons shall not be placed in
dedicated facilities, units, or wings solely on the basis of such identification or status unless such
placement is pursuant to a consent decree, legal settlement, or legal judgment (28 CFR 115.42).
A. Individuals at high risk for sexual victimization shall not be placed in involuntary
separated housing unless an assessment of all available alternatives has been made,
and a determination has been made that there is no available alternative means of
separation from likely abusers. Involuntary separated housing includes both protective
custody and administrative separation.
1. If the assessment cannot be conducted immediately, the individual may be held
in involuntary separated housing for less than twenty-four (24) hours while the
assessment is completed.
2. The PREA Manager and the Jail Programs Sergeant shall be notified of the
individual's housing placement.
B. Individuals placed in separated housing for this purpose shall have access to
programs, privileges, education, and work opportunities to the extent possible. If
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the individual has restricted access to programs, privileges, education, or work
opportunities, the Jail Programs Sergeant shall document:
1. The opportunities that have been limited.
2. The duration of the limitation.
3. The reasons for such limitations.
C. The individual may be assigned to involuntary separated housing only until an
alternative means of separation from likely abusers can be arranged. Such an
assignment shall not ordinarily exceed a period of thirty(30)days, and documentation
shall include:
1. The basis for the concern for the individual's safety.
2. The reason why no alternative means of separation can be arranged.
D. Every thirty (30) days, each involuntarily separated individual shall be reviewed
to determine whether there is a continuing need for separation from the general
population.
E. In deciding whether to assign a transgender or intersex individual to a housing unit
for male or female individuals, the classification officer shall consider on a case-
by-case basis whether a placement would ensure the individual's health and safety
and whether the placement would present management or security problems. A
transgender or intersex individual's own view with respect to his or her own safety
shall be given serious consideration.
508.9 KEEP SEPARATES
'Keep Separates' shall be used to identify those individuals who have been identified as having
legitimate housing issues and cannot or should not be housed together (e.g., co-defendants,
known relatives of any alleged victims, known enemies, etc.).
(a) Individuals with a documented Keep Separate (K/S) shall not be housed on the same
housing floor if there is a possibility that the individuals have the potential to interact
during institutional activities.
(b) Individuals may be assigned to units on the same housing floor where controlled
movement exists to the extent that they do not have any access to each other.
(c) Individuals who have siblings and/or parental relationships with other persons in
custody should not be housed in the same unit unless there are no other housing
options available and/or such assignment is determined to be necessary. The
relationship shall be documented by the classification officer.
508.10 GRIEVANCE AND APPEAL
Incarcerated people who believe they have been incorrectly or unfairly classified should complete
the following steps to have their classification reviewed:
(a) Complete a Request Form routed to Classification for review.
(b) If the incarcerated person is unsatisfied with the result, they may submit a grievance.
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(c) Individuals may appeal any matter pertaining to their classification to the Jail
Operations Bureau Commander, whose decision is final.
508.11 REASSESSMENT AND RECLASSIFICATION
508.11.1 REASSESSMENT
A Custody Reassessment Scale document is used to update and review an individual's initial
custody assessment to determine if reclassification is warranted. The reassessment is similar to
initial custody assessment, but places greater emphasis on the individual's in-custody conduct
to reflect the individual's actual behavior while confined. [Refer to Addendum H - Custody
Reassessment Scale.]
The categories are the same as the Initial Custody Assessment Scale, however, some of the time
parameters and points attributed to the categories differ.
1. SEVERITY OF CURRENT CHARGES/CONVICTIONS
The Severity of Offense Scale is used to rate the Points Assessed
most serious charge/detainer/warrant
Low 0
Moderate 1
High 4
Highest 6
2. SEVERITY OF INSTITUTIONAL BEHAVIOR
Severity of institutional behavior in the past 36 Points Assessed
months
None 0
Minor- Nuisance Behavior/24-hour lockdown in the 1
last 12 months
Moderate—Disruptive Behavior in the last 12 2
months
Major—Aggressive/Destructive Behavior in the last 5
24 months
Serious Major—Violent/Predatory Behavior in the 6
last 36 months
3. SERIOUS OFFENSE HISTORY
The Severity of Offense Scale is used to rate the Points Assessed
most serious prior conviction during the last 15
years
None or Low 0
Moderate 1
High 3
Highest 5
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4. INSTITUTIONAL DISCIPLINARY HISTORY
Total number of rule violations and 24-hour Points Assessed
lockdowns within the past 12 months
None 0
One 1
Two 2
Three or more 4
5. PRIOR INCARCERATION TIME
Total number of years spent in correctional Points Assessed
institutions
0 to 2 years 0
2.01 to 8 years 1
8.01 to 15 years 2
15.01 years or more 3
6. GANG INVOLVEMENT
Gang involvement Points Assessed
None or Denies 0
Previously Documented /Jail Culture 1
Ex-Member, Ex-Associate, or Dropout 2
Full or Associate Member 4
7. CURRENT AGE
Current age Points Assessed
Age 46 or older 0
Age 32—45 1
Age 23-31 2
Age 18—22 3
The SUBTOTAL is a total of the points of the first two category scores (items 1 and 2).
The COMPREHENSIVE CUSTODY SCORE is the total score (items 1 — 7). The suggested
custody level is based on this point total.
Custody Score Custody Level Indicated by Scale
8 or fewer points on items 1-7 Level 1
9-15 points on items 1-7 Level 2
16 or more points on items 1-7 Level 3
9 or more points on items 1-2 Level 3
(a) The remaining fields on the Custody Reassessment Scale are identical as the Initial
Custody Assessment Scale.
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(b) If the CUSTODY LEVEL INDICATED BY SCALE designates no change to the
individual's current custody level (or an override will be recommended by the
Classification Officer that keeps the individual in the same custody level), a Notification
of Classification Review shall be completed and forwarded to the individual notifying
them that their present classification was determined to be appropriate and will
continue unaffected. [See Addendum I - Notification of Classification Review.]
(c) If the review results in a CUSTODY LEVEL INDICATED BY SCALE that differs from
the individual's current custody level (or an override will be recommended by the
classification officer that changes the individual's custody level), a Reclassification
Form shall be prepared and the individual shall be personally informed.
508.11.2 RECLASSIFICATION
(a) A classification officer shall prepare a Reclassification Form any time an individual
is reclassified to a different classification custody level, whether it be general
population, protective custody, or removal from an administrative separation housing
unit. The Reclassification Form shall articulate the specific reasons for the override
or reclassification.
(b) The individual must be personally interviewed and informed of the transfer.
(c) The individual's comments, reaction, and/or arguments to the reclassification shall be
noted on the form and considered.
(d) The individual shall be provided with a copy of the form. If the information is sensitive
or can cause the individual problems in their housing area, the individual should be
advised of such and offered the option to destroy the copy.
(e) Except in rare cases and only with Sergeant notification and approval, no individual
shall "jump" a custody level on a reassessment (e.g., Level 1 to Level 3).
508.12 STAFF TRAINING IN CLASSIFICATION
Officers assigned to the Population Management Unit shall receive specialized and ongoing
training specifically developed to provide, enhance, and maintain the knowledge and skills
necessary to perform effectively as a classification officer.
(a) Newly assigned officers will receive on-the-job training regarding the principles,
policies, procedures, legal requirements, and instruments utilized for classification
assessments, housing assignments, reassessments, and reclassifications.
(b) Ongoing periodic training is provided in order to ensure consistency and accuracy in
the implementation of this policy.
508.13 AUDIT
The Population Management Lieutenant or their designee will internally audit the classification
system periodically to help ensure that individuals are being classified appropriately within the
limits of the facility. The audit will assess the following features of the objective classification
system in an effort to help ensure that:
(a) Individuals are housed according to their assigned custody levels.
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(b) Classification instruments are completed in an accurate and timely manner.
The extent and frequency of the audit shall be determined by the Population Management
Lieutenant.
508.14 REFERENCE
See the following procedures for further guidance:
Control of Incarcerated Person Movement Procedures
Search Procedures
Suicide Intervention and Prevention Procedures
Mental Health Screening and Evaluations Procedure
Attachments:
Classification Addendum A - Initial Custody Assessment Scale
Classification Addendum B - Severity of Offense Scale
Classification Addendum C - Severity of Institutional Behavior - RV Initial Assessment and
Reassessment
Classification Addendum D -Administrative Separation Placement-Transfer Notice
Classification Addendum E -ADA Housing (El & E2)
Classification Addendum F - Reclassification Form
Classification Addendum G- Reassessment-Review Chart
Classification Addendum H - Custody Reassessment Scale
Classification Addendum I - Notification of Classification Review
Classification Addendum J - Definitions
Classification Addendum X - Questionnaire
Classification Addendum Y - Housing Assignments
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512 Custody Policy Manual
Use of Restraints
512.1 PURPOSE AND SCOPE
This policy establishes guidelines for the application, supervisory oversight, and restrictions on
the use of restraints on persons incarcerated in thes facilities.
This policy shall apply to the use of specific types of restraints, such as restraint chairs, ambulatory
restraints, and similar restraint systems, as well as all other restraints, including handcuffs, waist
chains, and leg irons when such restraints are used to restrain any incarcerated person for
prolonged periods.
512.1.1 DEFINITIONS
Definitions related to this policy include:
Restraint Device— Equipment utilized to immobilize an incarcerated person's extremities and/or
prevent the incarcerated person from being ambulatory. The following are authorized restraining
devices that may be utilized alone or in combination with handcuffs:
(a) Flex-cuffs and cord-cuffs
(b) Waist or belly chains
(c) Shackles or leg Irons
(d) Handcuffs
(e) Pro-Straint Restraint Chairs
(f) WRAP restraint
(g) Other restraints approved and utilized by specialty units (e.g., SERT, Transportation
Unit)
Restraint Chair - A specifically manufactured metal and ABS plastic chair. It is equipped with
buckles and retracting straps capable of securing a person to the chair in such a fashion as to
limit their ability to move. Each restraint chair has also been equipped with a wheeled transport
carriage for movement from one point to another after the incarcerated person has been secured
into the chair.
The Wrap-A temporary restraining device that immobilizes the body and restricts an incarcerated
person's ability to kick or do harm to themselves and others. The Wrap restrains the individual
in an upright/seated position of respiratory recovery while immobilizing the incarcerated person's
extremities and preventing them from being ambulatory.
512.2 POLICY
It is the policy of this Office that restraints shall be used only to prevent self-injury, injury to
others, or property damage. Restraints may also be applied according to an incarcerated person's
classification, such as maximum security,to control the behavior of a high-risk incarcerated person
while the person is being moved outside the cell or housing unit.
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Restraints shall never be used for retaliation or as punishment. Restraints shall not be utilized
any longer than is reasonably necessary to control the incarcerated person. Restraints are to be
applied only when less restrictive methods, including verbal de-escalation techniques, have been
attempted and are deemed ineffective in controlling the dangerous behavior of an incarcerated
person (15 CCR 1029(a)(4); 15 CCR 1058). Each incident where restraints are used shall be
documented in an incident report by the handling staff member and submitted to their supervisor
prior to the end of shift.
This policy does not apply to the temporary use of restraints, such as handcuffing or the use of
leg irons to control an incarcerated person during movement and transportation inside or outside
the facility.
512.3 USE OF RESTRAINTS - CONTROL
Supervisors shall proactively oversee the use of restraints on any incarcerated person. Whenever
feasible, the use of restraints, other than routine use during transfer, shall require the approval of
the Watch Commander prior to application. In instances where prior approval is not feasible, the
Watch Commander shall be apprised of the use of restraints as soon as practicable.
Restraint devices, such as restraint chairs, shall only be used on an incarcerated person when it
reasonably appears necessary to overcome resistance, prevent escape, or bring an incident under
control,thereby preventing injury to the incarcerated person or others, or eliminating the possibility
of property damage. Restraints shall not be utilized any longer than is reasonably necessary to
achieve the above goals.
Placing an incarcerated person in a restraint chair or other restraints for extended periods requires
approval from the Watch Commander or the authorized designee prior to taking action. Medical
staff shall be called to assess the application of the restraints,when feasible, prior to the application
or as soon as practicable after the application, and to check the incarcerated person for adequate
circulation.
The use of restraints for purposes other than for the controlled movement or transportation of
a calm and compliant incarcerated person shall be documented in an incident report and shall
be video recorded unless exigent circumstances prevent staff from doing so. The documentation
shall include, at a minimum, the type of restraint used, when it was applied, a detailed description
of why the restraint was needed, the name of the person authorizing placement, names of staff
involved in the placement(if applicable), any injuries sustained,when the restraints were removed
and the duration of placement (15 CCR 1058).
The following provisions shall be followed when utilizing restraints to control an incarcerated
person (15 CCR 1058):
(a) Restraints shall not be used as punishment, placed around a person's neck, or applied
in a way that is likely to cause undue physical discomfort or restrict blood flow or
breathing (e.g., hog-tying).
(b) Restrained incarcerated persons shall not be placed in a position that inhibits
breathing.
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(c) Restraints shall not be used to secure a person to a fixed object except as a temporary
emergency measure. A person who is being transported shall not be locked in any
manner to any part of the transporting vehicle except for items installed for passenger
safety, such as seat belts.
(d) Incarcerated persons in restraints shall be housed either alone or in an area
designated for restrained persons.
(e) Restraints shall be applied for no longer than is reasonably necessary to protect the
incarcerated person or others from harm.
(f) Staff members shall conduct continuous direct face-to-face observation at least twice
every 30 minutes on an irregular schedule to check the incarcerated person's physical
well-being and behavior. Restraints shall be checked to verify correct application and
to ensure they do not compromise circulation. All checks shall be documented, with
the actual time recorded by the person doing the observation, along with a description
of the incarcerated person's behavior. Any actions taken should also be noted in the
incident report.
(g) The specific reasons for the continued need for restraints shall be reviewed,
documented, and approved by the Watch Commanderor authorized designee at least
every hour.
(h) Continuous direct visual observation shall be maintained until a medical opinion can
be obtained.
(i) Within one hour of placement in restraints, a qualified health care professional shall
document an opinion regarding the placement and retention of the restraints.
Q) As soon as practicable, but within one hour of placement in restraints,the incarcerated
person shall be medically assessed to determine whether the person has a serious
medical condition that is being masked by the aggressive behavior. The medical
assessment shall be a face-to-face evaluation by a qualified health care professional.
(k) As soon as practicable, but within one hour of placement in restraints,the incarcerated
person must be evaluated by a mental health professional to assess whether the
incarcerated person needs immediate and/or long-term mental health treatment. If
the Watch Commander, or the authorized designee, in consultation with responsible
health care staff determines that the incarcerated person cannot be safely removed
from restraints after eight hours, the person shall be taken to a medical facility for
further evaluation.
(I) Where applicable, the Jail Operations Bureau Commander shall use the restraint
device manufacturer's recommended maximum time limits for placement.
1. Incarcerated persons who have a disability that prevents the application of
restraint equipment in the prescribed manner shall be afforded reasonable
accommodation under the direction of the supervisor in charge.
2. When restraints are necessary, they shall be applied to ensure effective
application while reasonably accommodating the incarcerated person's
disability.
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(a) ALERTs may be utilized to make staff aware of required accommodations
that may not otherwise be obvious (e.g., use of a gait belt while
ambulating).
(b) Any question or clarification needed regarding required accommodations
should be directed to the ADA Coordinator.
512.4 USE OF RESTRAINTS - CLINICAL
Restraints shall not be used for medical purposes or during any medical procedures. Medical staff
shall not participate in decisions to initiate the use of restraints by correctional staff. See Chapter
7: Involuntary Medication for possible exceptions.
Qualified medical staff shall document vital signs, mental status, sensation of limbs, and check for
injuries incurred during the restraining application within the first hour of placement. Medical staff
shall check all restraints to ensure the incarcerated person has proper circulation and document
vital signs, mental status, and sensation of limbs at least once every sixty (60) minutes thereafter.
512.5 RANGE OF MOTION
Incarcerated persons placed in restraints for longer than two hours should receive a range-of-
motion procedure that will allow for the movement of the extremities. Range-of-motion exercise
will consist of alternate movement of the extremities (i.e., right arm and left leg) for a minimum
of 10 minutes every two hours.
512.6 FOOD, HYDRATION, AND SANITATION
Incarcerated persons who are confined in restraints shall be given food and fluids. Provisions
shall be made to accommodate any toileting needs at least once every two hours. Food shall be
provided during normal meal periods. Hydration (water)will be provided no less than once every
two hours or when requested by the incarcerated person.
Offering food and hydration to incarcerated persons will be documented to include the time, the
name of the person offering the food or water, and the incarcerated person's response (receptive,
rejected). Incarcerated persons shall be provided the opportunity to clean themselves or their
clothing while they are in restraints.
512.7 AVAILABILITY OF FIRST AID EQUIPMENT
First aid equipment,such as barrier masks, shall be provided by the facility and located in proximity
to the location where incarcerated persons in restraints are held.
512.8 RESTRAINED INCARCERATED PERSON HOLDING
Restrained incarcerated persons should be protected from abuse by other incarcerated persons.
Under no circumstances will restrained incarcerated persons be housed with incarcerated persons
who are not in restraints. In most instances, restrained incarcerated persons are housed alone or
in an area designated for restrained persons (15 CCR 1058).
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512.9 PREGNANT INCARCERATED PERSONS
Restraints will not be used on incarcerated persons who are known to be pregnant unless based
on an individualized determination that restraints are reasonably necessary for the legitimate
safety and security needs of the incarcerated person, the staff, or the public. Should restraints be
necessary, the restraints shall be the least restrictive available and the most reasonable under
the circumstances.
Incarcerated persons who are known to be pregnant will not be handcuffed behind their backs or
placed in waist restraints or leg irons.
Once pregnancy has been confirmed, a pregnant incarcerated person should be advised of the
policies and procedures regarding the restraint of pregnant persons (Penal Code §3407; 15 CCR
1058.5).
512.9.1 INCARCERATED PERSONS IN LABOR
No incarcerated person who is in labor, delivery, or recovery from a birth shall be restrained by
the use of leg restraints/irons, waist restraints/chains, or handcuffs behind the body (Penal Code
§ 3407; 15 CCR 1058.5).
No incarcerated person who is in labor, delivering, or recovering from a birth shall be otherwise
restrained except when all of the following exist (Penal Code § 3407; 15 CCR 1058.5):
(a) There is a substantial flight risk or some other extraordinary medical or security
circumstance that dictates restraints be used to ensure the safety and security of the
incarcerated person,the staff of this or the medical facility, other incarcerated persons,
or the public.
(b) A supervisor has made an individualized determination that such restraints are
necessary to prevent escape or injury.
(c) There is no objection from the treating medical care provider.
(d) The restraints used are the least restrictive type and are used in the least restrictive
manner.
Restraints shall be removed when medical staff responsible for the medical care of the pregnant
incarcerated person determines that the removal of restraints is medically necessary(Penal Code
§ 3407).
The supervisor should, within 10 days, make written findings specifically describing the type of
restraints used, the justification, and the underlying extraordinary circumstances.
512.9.2 INCARCERATED PERSONS IN RECOVERY AFTER TERMINATED PREGNANCY
Incarcerated persons recovering from a termination of pregnancy shall not be restrained using
leg restraints/irons, waist restraints/chains, or handcuffs behind the body unless an exception
identified in the Incarcerated Persons in Labor subsection of this policy applies (15 CCR 1058.5).
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Restraints shall be removed when medical staff responsible for the medical care of the
incarcerated person determines that the removal of restraints is medically necessary (15 CCR
1058.5).
512.10 REFERENCE
See the following for further guidance:
USE OF RESTRAINTS PROCEDURE
SAFETY CHECK PROCEDURES
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Policy Fresno County Sheriff's Office
515 Custody Policy Manual
Canines
515.1 PURPOSE AND SCOPE
The canine program aids staff in locating contraband and maintaining the security of these
facilities. This policy outlines requirements of the program, its staff, and the expectations of the
Office.
515.2 POLICY
The Fresno County Sheriff's Office is committed to ensuring the facilities are free from contraband
and drugs and to maintaining facility security. This is done by employing trained Canine Teams
to assist in the detection of drugs and other contraband, in accordance with all applicable laws,
regulations, and Office policies and procedures.
515.3 GUIDELINES FOR THE USE OF CANINES
A Canine Team shall be assigned to assist in conducting searches for illegal narcotics and
electronic storage devices (ESD) (e.g., cell phones, SIM cards, SD cards) in areas both inside
and outside the jail facilities.
A canine shall not be used to search an individual for narcotics or electronic devices unless the
canine is trained to passively indicate the presence of contraband.
Canines shall not be utilized for any purpose other than narcotic/ESD detection (e.g., cell
extractions, escape details, response to violent incidents, etc.). At no time shall a canine be used
to intimidate, frighten, or psychologically torment any person.
A narcotic/ESD detection canine shall not be used for verification of suspected drugs. Such
verification shall be performed in accordance with existing drug testing procedures.
Requests for searches other than those conducted pursuant to this policy shall require prior
approval from a Custody Division Bureau Commander.
Canines may be used to assist staff in conducting searches for contraband, perimeter patrol,
building searches, vehicle searches, and area searches. At no time may a canine be used to
demean, punish, or psychologically torment an incarcerated person. Contact between canines
and incarcerated persons should be minimal. Canines should not be used to search individuals
unless trained to do so. Canines may be used for:
• Searching incarcerated person housing units, including cells, during a housing unit
search, as described in the Searches Policy.
• Physical plant searches, as described in the Searches Policy.
• Searching unoccupied intake/booking areas.
• Searching unoccupied transportation vehicles before and after incarcerated person
use.
• Any other search-related use authorized by a supervisor.
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A Canine Team shall only be used to perform tasks for which it has been trained or certified.
515.3.1 REPORTING CANINE USE, BITES, AND INJURIES
Wheneverthe use of the canine results in a bite or any injury a canine use report shall be completed
and included with any related incident report. The injured party should receive required medical
attention as soon as possible.
Photographs should be taken of the bite or injury as soon as practicable after tending to the
immediate needs of the injured party. Photographs shall be retained with the canine use report
until the potential need for use in any related civil proceeding has expired.
If a subject alleges an injury that is not visible, a supervisor shall be notified, and the location of
the alleged injury should be photographed as described above.
515.4 SELECTING AND TRAINING CANINES
A selection committee consisting of the Canine Handler, a supervisor, and an outside subject
matter expert (in canine programs) shall select any canine to be used in the canine program. The
committee shall consider the prospective canine's ability to detect contraband and its ability to
work effectively in a custody environment.
515.4.1 TRAINING
Before assignment in this facility, each Canine Team shall be trained and certified to meet the
certification standards established by an approved and recognized canine association.
The Canine Handler and the canine will be certified together as a team minimally in the field
of narcotics and likely ESD detection by the International Police Canine Association (IPCA) or
other recognized and approved certification organization. (If either the canine or the handler are
replaced, a new team is formed and the new team needs to be certified.)
Training Lieutenant/Training Coordinator Office
515.4.2 CONTINUED TRAINING
The canine and handler shall be recertified as a team on an annual basis.
(a) It is the responsibility of the Canine Handler to notify the supervising Sergeant at least
two (2) months prior to the annual certification anniversary date.
(b) If a narcotic/ESD detection team fails to certify or re-certify, the team shall undergo
remedial training and re-testing.
(c) If the evaluator determines the team to be unfit for certification, the canine shall be
placed out of service until certification has been successfully completed.
(d) Each Canine Team shall complete 16-hours of documented training monthly
to maintain basic detection proficiency. Each Canine Handler is responsible for
maintaining their canine at a level of proficiency sufficient to pass the annual
evaluation.
1. All training shall be conducted while on duty. The Custody Division Canine
Team(s)will participate in training with the Sheriff's Narcotic Detection Canines
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as well as other law enforcement agency canine narcotic or ESD detection
teams.
2. Any training performed within the jail facilities shall be approved in advance
by the supervising sergeant (or in their absence, the Population Management
Lieutenant). The on-duty Watch Commander shall be notified of any impending
training session to take place within the jail.
515.4.3 FAILURE TO SUCCESSFULLY COMPLETE TRAINING
Any Canine Team failing certification shall not be deployed until certification is achieved. Any
Canine Team failing annual recertification shall be immediately removed from service. When
practicable, pending successful recertification,the Canine Handler shall be temporarily reassigned
to other duties.
515.4.4 TRAINING RECORDS
The Canine Handler is responsible for maintaining accurate and complete training records.
(a) The handler shall maintain a monthly training log. A copy of the training log shall be
submitted to the supervising sergeant at the end of each month. A copy shall also be
forwarded to the Training Unit for court presentation purposes.
(b) If the canine handler fails to meet the 16-hour minimum, they are required to explain
the circumstances to the supervising sergeant and document the reason on the
training log.
515.5 SELECTION AND TRAINING FOR CANINE HANDLERS
A Canine Handler is appointed by and shall serve in that assignment at the discretion of the Jail
Operations Bureau Commander
The position of Canine Handler is a special assignment that requires a specific set of skills,
experience, training, and temperament, in addition to those of a line staff member. A Canine
Handler shall:
(a) Possess three years of experience as a correctional officer in the Fresno County
Sheriffs Office.
(b) Have achieved performance evaluations of satisfactory or better.
(c) Have demonstrated ability to communicate well with incarcerated persons.
(d) Demonstrated ability to perform ancillary tasks with a minimum of supervision.
(e) Reside in an adequately fenced, single-family residence (e.g., minimum 5-foot-high
fence with locking gates).
(f) Have a garage that can be secured and will accommodate a canine unit.
(g) Live within 30 minutes travel time from the Fresno limits.
(h) Agree to be assigned to the position for a minimum of three years.
(i) Be willing to devote time to the daily care and maintenance training of the canine.
0) Possess and maintain an excellent driving record.
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(k) Perform in an exemplary manner at all times.
(1) Be willing to be "on call" and available to work with limited notice.
Canine Handler candidates shall be screened by an interview board that may include a review of
the candidate's Bureau File, Training File, Department Personnel File, driving history, attendance
records, and other personnel-related items as deemed appropriate.
The Canine Handler interview board shall consist of a minimum of two (2) Correctional Sergeants
and one (1) Lieutenant.
Jail Operations Bureau Commander
The Canine Handler shall receive all necessary training with their canine before being utilized in
this facility. All training records for canine handlers will be maintained by the Training Unit.
515.6 MEDICAL CARE OF THE CANINE
All medical attention shall be rendered by the designated canine veterinarian, except during an
emergency as provided in this policy.
515.6.1 NON-EMERGENCY MEDICAL CARE
Non-emergency medical care will be coordinated through the canine program supervisor.
Any indication that a canine is not in good physical condition shall be reported to the canine
program supervisor as soon as practicable.
All records of medical treatment shall be maintained in the Canine Handler's personnel file.
515.6.2 EMERGENCY MEDICAL CARE
The handler shall notify the canine program supervisor as soon as reasonably practicable when
emergency medical care for the canine is required. Depending on the severity of the injury or
illness, the canine shall either be treated by the designated veterinarian or transported to a
designated emergency medical facility for treatment. If the handler and dog are out of the area,
the handler may use the nearest available veterinarian.
515.6.3 REPORTING CANINE INJURIES
In the event that a canine is injured, the injury will be immediately reported to the canine program
supervisor. The injury will be documented on the appropriate report form.
515.7 REQUESTS FOR ASSISTANCE FROM OTHER AGENCIES
A Custody Division Bureau Commander must approve all requests for canine assistance from
outside agencies, subject to the following provisions:
(a) Canine Teams shall not be used to perform any assignment that is not consistent with
this policy.
(b) The handler has the ultimate authority to decide whether the canine will be used for
any specific assignment.
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(c) Canine Teams should not be called into service when off-duty or used outside the
jurisdiction of the Office, unless authorized by the canine program supervisor.
(d) It shall be the responsibility of the Canine Handler to coordinate with outside agency
personnel in order to minimize the risk of unintended injury.
515.8 REQUESTS FOR PUBLIC DEMONSTRATIONS
All public requests for a canine team appearance shall be approved by the Jail Operations Bureau
Commander prior to making any commitment.
Handlers shall not demonstrate any canine activities to the public unless authorized to do so by
the canine program supervisor or the authorized designee.
515.9 CANINE HANDLER RESPONSIBILITIES
515.9.1 AVAILABILITY
The handler shall be available for call-out under conditions specified by the canine program
supervisor.
515.9.2 CARE FOR THE CANINE AND EQUIPMENT
The Canine Handler shall be responsible for the health and welfare of the canine and shall ensure
that the canine receives proper nutrition, grooming, training, medical care, attention, and living
conditions. In addition, the handler will be responsible for:
(a) Ensuring the canine is not exposed to any foreseeable and unreasonable risk of harm,
unless required by a particular application.
(b) Maintaining all Office-issued equipment under their control in a clean and serviceable
condition.
(c) Permitting the canine program supervisor to conduct spontaneous on-site inspections
of any area of the residence that is used for the canine.
(d) Reporting any changes in the living status of the handler that may affect the lodging
or environment of the canine to the canine program supervisor as soon as possible.
(e) Keeping the canine in a kennel provided by the Office when off-duty and at the home
of the handler. When a canine is kenneled at the handler's home, the gate shall be
secured with a lock. When off-duty, the canine may be let out of the kennel while under
the direct control of the handler.
(f) Permitting the canine to socialize in the home with the handler's family under the direct
supervision of the handler.
(g) Ensuring that under no circumstances will the canine be lodged at another location
unless approved by the canine program supervisor.
(h) Involving the canine in any activity or conduct when off-duty only with approval in
advance by the canine program supervisor.
(i) Notifying the canine program supervisor whenever the canine handler anticipates
taking a vacation or an extended number of days off and it may be necessary to
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temporarily relocate the canine. In those situations, the handler shall give reasonable
notice to the supervisor so that appropriate arrangements can be made.
Q) Maintaining a daily record that contains the training, care of the dog, and significant
events, such as public appearances, and when the canine is utilized for searches.
515.9.3 CANINE EQUIPMENT AND UNIFORM REQUIREMENTS
(a) All food, cleaning supplies, and items necessary for home care of the canine shall be
provided by the Sheriff's Office and maintained at the Canine Handler's residence.
(b) It shall be the responsibility of the Canine Handler to maintain all required and issued
equipment in good repair and bring all applicable equipment to duty and training
sessions. [Refer to Addendum A for a list of issued equipment.]
(c) The Canine Handler shall be issued one(1)canine-equipped unmarked transportation
vehicle (to be serviced and repaired by Fleet Services). The Canine Handler must
conform to all rules and regulations pertaining to take-home vehicles.
1. The issued vehicle shall be operated under the provisions of Sheriff's Office
Policies and Procedures Chapter 7: Vehicle Use.
2. The Canine Handler shall be responsible to have the vehicle serviced when due,
and for ensuring the cleanliness of the vehicle per the provisions of Sheriff's
Office Policies and Procedures Chapter 7: Vehicle Use.
(d) A kennel will be provided by the Sheriff's Office and installed at the Canine Handler's
residence.
1. When off-duty, the canine shall be maintained in the kennel and the kennel gate
shall be secured with a lock.
2. The Canine Handler shall clean the kennel daily.
(e) The Canine Handler may wear the Class C uniform during regular duty and all training
sessions, or as otherwise directed by the Jail Operations Bureau Commander.
(f) Upon final separation from the team, the Canine Handler shall personally return all
issued equipment to the supervising sergeant.
515.9.4 ON-CALL STATUS
(a) The Canine Handler shall serve in an on-call status. In order to remain readily
accessible at all times, the Canine Handler is required to provide a contact number for
notifications that require an immediate response.
(b) The Canine Handler is subject to call out, unless otherwise excused. The Canine
Handler is responsible to notify their supervising sergeant and will be excused under
the following circumstances:
1. Scheduled vacation.
2. Out of town (or otherwise unavailable to immediately respond).
3. Under the influence of any alcoholic beverage.
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4. Use of over-the-counter or prescription medication that may have an adverse
effect on performance.
(c) Requests for off-duty narcotic/ESD detection canine team assistance for the
purpose of conducting a narcotic/ESD search shall be forwarded through the Watch
Commander. All activations require the approval of a Custody Division Bureau
Commander
515.9.5 CANINES IN PUBLIC AREAS
All canines shall be kept on a leash when in areas that allow access to the public. Exceptions
would include specific operations for which the canines are trained.
If a canine unit is left unattended, all windows and doors shall be secured in such a manner as
to prevent unauthorized access to the dog. The handler shall also ensure that an unattended unit
remains habitable for the canine.
515.9.6 HANDLER COMPENSATION
The Canine Handler shall be compensated for time spent in the care,feeding, grooming, and other
needs of the canine in accordance with the Fair Labor Standards Act, and according to the terms
of the collective bargaining agreement or memorandum of understanding (29 USC § 207).
515.9.7 TRANSPORTATION OF CANINE
(a) While conducting Sheriff's Office business, the canine shall be transported in an
unmarked canine vehicle.
(b) While off-duty and with prior authorization from the supervising sergeant, the Canine
Handler may transport the canine to official departmental appointments in any vehicle
which provides adequate protection for the canine and the public.
(c) The Canine Handler shall not leave or confine the canine in any unattended motor
vehicle under conditions that endanger the health orwell-being of a canine due to heat,
cold, lack of adequate ventilation, or lack of food or water, or other circumstances that
could reasonably be expected to cause suffering, disability, or death to the canine.
515.10 CONTROLLED SUBSTANCE TRAINING AIDS
Controlled substance training aids are required to effectively train and maintain drug-detecting
dogs. Further, controlled substances can be an effective training aid during training sessions for
facility personnel and the public. Correctional officers acting in the performance of their official
duties may possess or transfer controlled substances for the purpose of narcotics-detection
canine training in compliance with state and federal laws and in compliance with applicable state
requirements (21 USC § 823(g); Health and Safety Code § 11367.5).
Only approved training aids provided by the canine program supervisor may be used to train the
dog. The Canine Handler shall maintain accurate records of controlled substances provided for
training purposes and shall promptly report any loss or destruction of controlled substance training
aids to the canine program supervisor.
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When not in use as training aids, the controlled substances shall be secured in storage that is only
accessible by aCanine Handler and the program supervisor.
515.11 CANINE PROGRAM SUPERVISOR RESPONSIBILITIES
The canine program supervisor shall be selected according to policy. The canine program
supervisor's responsibilities include but are not limited to:
(a) Perform spontaneous inspections of the canine, canine vehicle, canine's living
conditions, and other related equipment at least once each year. Verify the health of
the canine and condition and serviceability of all issued equipment.
(b) Maintain a folder containing all pertinent information for the canine. The following files
are to be contained in the folder:
1. Acquisition documents
2. Certification and specialized training courses completed
3. Monthly training logs
4. Annual inspection records
5. Veterinarian service reports and vaccination records
6. Photo of the canine
7. Handler records
(c) Ensure all canine medical, training, and certification records are current.
(d) Maintain statistical data (e.g., number of searches performed, number of call-outs,
amount of illegal drugs and ESD's confiscated, etc.). Submit a quarterly report to the
Population Management Lieutenant.
(e) Maintain a liaison with the Patrol Division K-9 Unit coordinator.
515.12 CANINE OWNERSHIP
The Fresno County Sheriff's Office owns all canines and canine equipment assigned to members
of the Fresno County Sheriffs Office. Canines shall not be permitted to engage in any of the
following activities without the approval of the Jail Operations Bureau Commander:
(a) To perform breeding services.
(b) To participate or be entered into any show, competition, or trial.
(c) To participate in a parade, celebration, or advocacy event.
(d) To perform public demonstrations of the canine's skills and ability.
515.13 RETIREMENT OF CANINE
In the event a canine becomes unfit for law enforcement service (for whatever reason), the canine
shall be retired. The determination to retire the canine shall be based on input from the Canine
Handler, the supervising sergeant, Population Management Lieutenant, Jail Operations Bureau
Commander, and the veterinarian.
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The last assigned handler will normally be given the opportunity to keep the canine. In the event
the Canine Handler does not wish to keep the canine, a determination shall be made by the
Jail Operations Bureau Commander with input from the supervising sergeant regarding the most
appropriate disposition of the canine (e.g., award to another qualified person, donate to an allied
agency, euthanasia).
Anyone assuming ownership of a retired canine must sign a release of liability. The document
shall state that he/she understands the risks associated with the ownership of a retired canine, and
that Fresno County and the Fresno County Sheriff's Office are released from any liability resulting
from ownership of the canine.
515.14 DEATH OF CANINE
If the Custody Division canine becomes so ill or injured that a veterinarian recommends the canine
be euthanized, the Canine Handler shall:
(a) Notify the supervising Sergeant.
(b) Obtain a written diagnosis of the canine's condition from the recommending
veterinarian. Upon approval to euthanize the canine, all final documentation shall be
forwarded to the Jail Operations Bureau Commander.
Whenever a canine dies due to unusual or unknown circumstances, the Jail Operations Bureau
Commander may have a necropsy of the canine performed by a veterinarian and the results shall
be forwarded to the Bureau Commander.
515.15 REFERENCE
See the following for further guidance:
CANINE PROCEDURES
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Policy Fresno County Sheriff's Office
516 Custody Policy Manual
Reporting In-Custody Deaths
516.1 PURPOSE AND SCOPE
This policy provides direction for notifications, reporting, and review of in-custody deaths (15 CCR
1046).
516.1.1 DEFINITIONS
Definitions related to this policy include:
In-custody death - The death of any person, for whatever reason (natural, suicide, homicide,
accident), who is in the process of being booked or is incarcerated or under supervision at any
facility of this Office (Penal Code § 832.10).
516.2 POLICY
It is the policy of this Office to follow state and local guidelines regarding notifications and reporting
in-custody deaths.
516.3 MANDATORY REPORTING
All in-custody deaths shall be reported within 10 days of the death to the state Attorney General's
office with a copy sent to the Board of State and Community Corrections (BSCC), in accordance
with reporting guidelines and statutory requirements.Any change or new information that becomes
available after the initial reporting to the Attorney General shall be updated to the report and
provided to the Attorney General within 10 days of the date of change or the date the new
information becomes available (Government Code § 12525; 15 CCR 1047).
If the decedent is a boarder for another agency, the Jail Operations Bureau Commander shall
notify that agency so that agency will assume responsibility for the notification of the decedent's
family.
Pursuant to Article 37 of the Vienna Convention on Consular Relations 1963, in the case of the
death of a foreign national, telephonic notification to the appropriate consulate post should be
made without unreasonable delay and confirmatory written notification shall be made within 72
hours of the death to the appropriate consulate post.The notification shall include the incarcerated
person's name, identification number, date and time of death, and the attending physician's name.
In the event that a juvenile dies while in custody, the Jail Operations Bureau Commander or
the authorized designee shall notify the court of jurisdiction and the juvenile offender's parent
or guardian. BSCC may inspect and evaluate the jail or court holding facility pursuant to the
provisions of 15 CCR 1047 within 30 calendar days of the death. Any inquiry made by the Board
shall be limited to the standards and requirements set forth in 15 CCR 1047(15 CCR 1047).
A copy of the initial review report for every in-custody death provided to the state Attorney
General's office shall be submitted to the Board of State and Community Corrections (BSCC)
within 10 days of the death, and contain the information required by 15 CCR 1046 and comport
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with the disclosure requirements of Penal Code § 832.10 (public disclosure of records) (15 CCR
1046).
The initial review report shall contain the following information:
1. Demographic information
(a) Full name of the decedent
(b) Date of birth
(c) Date of death
(d) Time of death
(e) Gender
(f) Race and ethnicity
(g) Relevant medical history
2. Facility Information
(a) Name and location of the detention facility
(b) Description of the location where the death occurred within the facility
(c) Date and time of the incident
(d) Detention facility personnel (including names and roles)involved in the reporting
of the death or incident
3. Any relevant circumstances leading up to death, including behavioral health or medical
issues.
516.4 PROCEDURE
Upon determining that a death of any person has occurred while in the custody of this Office, the
Watch Commander is responsible for ensuring that the Sheriff and all appropriate investigative
authorities, including the Coroner, are notified without delay and all written reports are completed.
The Watch Commander shall also promptly notify the Jail Operations Bureau Commander
and make any other notifications required by policy or direction. The Jail Operations Bureau
Commander shall observe all pertinent laws and allow appropriate investigating agencies full
access to all facts surrounding the death.
The Office shall establish policies and procedures for the investigation of any in-custody death.
An autopsy shall be performed for all incarcerated person deaths, except for where the cause of
death can be conclusively determined from the facts known before the death.
The decedent's personal belongings shall be disposed of in a responsible and legal manner. All
property and records shall be retained according to established records retention schedules.
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The Coroner shall be responsible for the notification of the decedent's family or friend, regardless
if the death occurs in the facility or at the hospital. The individual designated by the decedent shall
be notified of all pertinent information as required by law.
During an investigation, all inquiries regarding the death shall be referred to the Public Information
Officer. Correctional officers shall not make a public comment.
1 Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.N.3.
516.5 IN-CUSTODY DEATH REVIEW (MORTALITY REVIEW)
The Sheriff is responsible for establishing a multi-disciplinary team of qualified staff to conduct an
administrative review of every in-custody death. At a minimum, the review team shall include the
facility administrator or designee, the health administrator, the responsible physician, and other
health care, and supervision staff who are relevant to the incident. (15 CCR 1046; 15 CCR 1030)
The in-custody death review should be initiated as soon as practicable, and a written report shall
be completed within 30 days of the death. The team should review the appropriateness of clinical
care, determine whether changes to policies, procedures, or practices are warranted, and identify
issues that require further study (15 CCR 1046).
516.5.1 BOARD OF STATE AND COMMUNITY CORRECTIONS IN-CUSTODY DEATH
REVIEW RECOMMENDATIONS
The Sheriff or the authorized designee shall review the BSCC recommendations within 90 days
of receipt, following the BSCC review of an in-custody death. In a written response to the BSCC,
the Sheriff or the authorized designee shall (Penal Code § 6034):
(a) Identify the recommendations that the Office will implement and the anticipated cost
and timeline of implementation.
(b) Identify the recommendations that the Office cannot or will not implement and provide
an explanation.
The Office shall make the recommendations and responses available to the public with appropriate
redactions as permitted by law (Penal Code § 6034).
516.6 RECORD RELEASE REQUIREMENTS
Records subject to public disclosure that are related to an in-custody death investigation shall be
made available for public inspection at the earliest time possible or no later than 45 days from
the date of a request, unless the record is subject to delayed release, redaction, or other release
restrictions as provided by law (Penal Code § 832.10).
The PRA (Public Records Act) Sergeant should work with the Sheriff or the authorized designee
in determining what records exist and whether the records are subject to delay from disclosure,
redaction, or other release restrictions.
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516.6.1 DELAY OF RELEASE
Disclosure of in-custody death records during active criminal or administrative investigations may
be delayed as follows (Penal Code § 832.10):
(a) Disclosure may be delayed up to 60 days from the date the death occurred or until the
Office is informed of the district attorney's charging decision, whichever is first.
(b) The Office may continue to delay the disclosure of records after 60 days from the
in-custody death if the disclosure could reasonably be expected to interfere with a
criminal enforcement proceeding against any person.
(c) If criminal charges are filed related to the death, disclosure may be delayed until the
court case reaches final disposition.
(d) During an administrative investigation, disclosure may be delayed until the Office
determines whether a policy or law was violated related to the death.
The Office shall provide the records when the investigation or proceedings are no longer active
or no later than 18 months after the death, whichever is first.
516.6.2 NOTICE OF DELAY OF RELEASE
The PRA Sergeant shall provide written notice to the requester as follows when delaying the
disclosure of records (Penal Code § 832.10):
(a) During the initial 60 days, the PRA Sergeant shall provide the requester with the
specific basis for the determination that the interest in delaying disclosure clearly
outweighs the public interest in disclosure and include the estimated date for the
disclosure.
(b) When delay is continued after 60 days, the PRA Sergeant shall provide the requester,
at 180-day intervals as necessary, with the specific basis for the determination that
the disclosure could reasonably be expected to interfere with a criminal enforcement
proceeding and include the estimated date for the disclosure.
516.6.3 REDACTION
The Office is authorized to redact records for the following reasons (Penal Code § 832.10):
(a) To remove personal data or information, such as a home address, telephone
number, or identities of family members, other than people's names and work-related
information.
(b) To preserve the anonymity of whistleblowers, complainants, victims, and witnesses.
(c) To protect confidential medical, financial, or other information of which disclosure
is specifically prohibited by federal law or would cause an unwarranted invasion of
personal privacy that clearly outweighs the strong public interest in records about
possible misconduct.
(d) Where there is a specific, articulable, and particularized reason to believe that
disclosure of the record would pose a significant danger to the physical safety of any
person.
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Additionally, the Office may redact a record, including personal identifying information, where, on
the facts of the particular case, the public's interest in the nondisclosure of information is clearly
outweighed by the disclosure of information (Penal Code § 832.10).
516.7 IN-CUSTODY DEATH PUBLICATION
The Sheriff or the authorized designee should ensure that all specified information relating to
the in-custody death is posted on the Office's website as prescribed and within the time frames
provided in Penal Code § 10008.
516.8 PROCEDURES
See the following procedure for further guidance:
REPORTING IN-CUSTODY DEATH PROCEDURES
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Policy Fresno County Sheriff's Office
522 Custody Policy Manual
Delayed and Inadvertent Releases
522.1 PURPOSE AND SCOPE
This policy is intended to provide guidance to staff and management to prevent and address
delayed or inadvertent release.
522.1.1 DEFINITIONS
Definitions related to this policy include:
Inadvertent release -Any instance of an incarcerated person being mistakenly released.
Delayed release-Any instance of an incarcerated person being mistakenly detained beyond their
scheduled release date.
522.2 POLICY
It is the policy of this Office to reasonably ensure that delayed and inadvertent releases do not
occu r.
522.3 DELAYED RELEASE
Any custody member who discovers or receives information of a delayed release, or a complaint
from an incarcerated person regarding a delayed release (which could be discovered through a
grievance), should immediately notify the Jail Records Unit, who will notify the Watch Commander
(see the Grievances Policy).
The Watch Commander should direct the Jail Records Unit to immediately conduct an
investigation to determine the correct release date of the incarcerated person and to report the
findings to the Watch Commander.
Incarcerated persons who are found to be delayed release shall be processed for immediate
release in accordance with the End of Term Release Policy. The Watch Commander shall ensure
that the Jail Operations Bureau Commander is notified and that a report is completed.
522.4 INADVERTENT RELEASE
Whenever an inadvertent release is discovered, the custody member making the discovery shall
immediately notify the Watch Commander. The notification shall be documented.
522.4.1 INADVERTENT RELEASE INVESTIGATION
The Watch Commander should direct the Jail Records Unit to immediately conduct an
investigation to determine the cause of the inadvertent release.
The Watch Commander will coordinate a response based upon the seriousness of the threat the
incarcerated person may pose to the community. The threat assessment should be based upon
the person's criminal history and the reason the person is currently in custody,among other factors.
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In the case of an inadvertent release, the Watch Commander should immediately notify the Jail
Operations Bureau Commander and ensure a report is completed. The Jail Operations Bureau
Commander should notify the Sheriff or authorized designee.
An appropriate evaluation of the circumstances shall be made to determine whether the
inadvertent release should be classified as an escape.
522.4.2 RETURNING THE INCARCERATED PERSON TO CUSTODY
When the incarcerated person is located and returned to the facilities, the appropriate notifications
should be made as soon as possible.
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Policy Fresno County Sheriff's Office
533 Custody Policy Manual
Custodial Body-Worn Cameras
533.1 PURPOSE AND SCOPE
The use of a body-worn camera (BWC) by correctional officers is intended to enhance the mission
of the Fresno County Sheriff's Office by accurately capturing contact with incarcerated people.This
policy provides guidelines for the use of a BWC by correctional officers while in the performance
of their duties. The requirement to activate a BWC in a Use of Force incident will not supersede
an officer's authority to defend themselves or others.
The Office recognizes that BWC recordings cannot always show the full incident, nor do video
images capture an entire scene. The use of a BWC does not reduce the requirement to provide
thorough written documentation of an incident. Persons reviewing BWC recordings must be
cautious before conclusions are reached about what the recordings show.
533.1.1 DEFINITIONS
Administrative User - Personnel authorized by the BWC Coordinator to assist with the
management of Evidence.com.
Axon Respond -Allows location data via GPS.
Axon Signal -When activated, Signal wirelessly alerts nearby Axon cameras to begin recording.
Axon View XL Application - An application installed on office-issued pairing devices that allow
staff to view, but not alter, video recordings captured by the AXON camera. The application also
allows staff to attach metadata to the video file.
Audit trail—An electronic tracking system which provides a record of uploads, views, downloads,
transfers, and modifications to copies of the original record.
Body-worn camera(BWC)—A department-authorized and issued camera worn on an individual's
person that records and stores audio and video.
Buffering mode - The BWC power is on and in a state where the device is capturing only video,
but not saving the recording to memory. The device is continually recording in 30 second loops
and will only save once the BWC is activated to record both sound and video.
Digital evidence — BWC files for upload to Evidence.com.
Docking station - A hardware device which allows for a BWC to be mounted securely while the
BWC is charging and allows for uploading files to Evidence.com. When the camera is docked,
video data stored on the camera is automatically uploaded to Evidence.com. Docking also allows
for firmware updates to the BWC.
Evidence.com -A secure, "cloud" based storage system externally hosted by Axon, and for use
by authorized users. Evidence.com is used to organize, classify, manage,view, share, and archive
digital evidence. It tracks and provides an extensive audit log of all activity to protect the chain of
custody. Levels of access can be set and restricted within Evidence.com.
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Metadata - Searchable data specific to the digital file such as case numbers, call for service
numbers, retention categories, and other descriptors used to identify digital evidence,and required
to be added to digital files to facilitate searching for the file.
Muting - Deactivating the audio recorder while video recording continues.
Recording off (de-activation) - The process of turning off the BWC and ensuring it is not
recording. This discontinues the recording being saved to memory but does not prevent the device
from buffering.
Recording on (activation)-The process of turning on the BWC and recording video and/or audio
to memory.
Power on/off - The process of powering on or off the recording device. This merely turns the
device on or off and does not refer to recording.
Sleep mode - Puts the camera in an idle state that disables recording and buffering. While in this
state, automatic activation will not initiate camera recording.
Stealth mode - Turns off all indicators and notifications such as LED lights, sounds (audio
prompts), and vibrations (haptic feedback).
Tagging - A method to add metadata to digital files which can be retrieved by case/incident
numbers, incident types, date/time, etc.
533.2 POLICY
The use of the BWC system is meant to assist correctional officers in the performance of their
duties and provide documentary evidence of incidents such as: assisting correctional officers
in accurate report writing, protecting the Office and its members from unfounded allegations
of misconduct, reducing time spent by members in court, and documenting encounters with
the incarcerated population. Correctional officers shall utilize BWC in accordance with the
provisions in this policy to maximize the effectiveness of the audio/video documentation to achieve
operational objectives, ensure evidence integrity, and enhance the mission of the Office. Any
use of a non-department authorized and issued BWC is prohibited. Correctional officers shall
document the use of a body-worn camera in their written report.
533.3 PRIVACY
Body-worn Camera (BWC) use is limited to activities listed below. All BWC data made by
correctional staff acting in their official capacity shall, at all times, remain the property of the Fresno
County Sheriff's Office. Members shall have no expectation of privacy or ownership interest in the
content of any BWC data.
533.4 ACTIVATION OF BODY-WORN CAMERA
There are many situations where the use of the BWC is appropriate. This policy is not intended to
describe every possible circumstance. Except as otherwise prohibited, correctional officers should
activate the system any time they feel its use would be appropriate and/or valuable to document
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an incident or contact. Correctional officers shall not intentionally obscure the BWC view at any
time during the recording of an incident or contact.
Unless it is unsafe or impractical to do so, or mechanical issues impede the use of the device,
correctional officers shall make every reasonable effort to activate their BWC cameras prior to
making contact in any of the following incidents:
• Use of Force.
• Cell and pat down searches.
• Incarcerated person(s) in medical or mental health distress.
• During the movement of incarcerated people in/out of the facility.
• Responding to fights, riots, or disturbances.
• Unusual or suspicious circumstance situations.
• Any movement of an individual housed in administrative separation or with a history
of uncooperative, unpredictable, or violent behavior.
• If applicable,while performing the duties as a S.E.R.T. member in any of the previously
mentioned instances.All participating S.E.R.T. members shall wear an activated BWC
during any S.E.R.T. operation (excluding training exercises).
• Unless specifically prohibited or otherwise inappropriate for the situation, correctional
officers may activate the BWC before or during any other incident, at their discretion.
Passive activation tools, such as the Axon Signal technology, are intended to enhance safety
by allowing correctional officers to focus on the situation, not the BWC. It is incumbent upon the
correctional officer to ensure that their BWC is activated in accordance with this policy section,
and not to solely rely on this technology.
533.5 WHEN BODY-WORN CAMERA RECORDING IS NOT REQUIRED
It is the correctional officer's responsibility to activate the recording when the purpose of the
deactivation/muting has passed. If the correctional officer deactivates the BWC or mutes the video,
they should verbally indicate the reason for deactivation/muting prior to deactivating or muting the
recording unless it is unsafe or impractical to do so.
Circumstances when a correctional officer is not required to activate the BWC, or may deactivate,
or mute a recording, include the examples listed below (officers may still activate BWC, at their
discretion, during these circumstances):
(a) In the correctional officer's judgment, a recording would interfere with their ability to
conduct a classification interview, investigation, or may be inappropriate because of
the incarcerated person's physical condition and/or appearance, emotional state, age,
or other sensitive circumstances (e.g. classification interview, sexual assault victim).
(b) A healthcare provider is discussing medical issues with an incarcerated person.
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(c) While in a hospital for an extended security detail with an incarcerated person.
However, the BWC should be turned on in the hospital (in buffering mode) in case a
situation arises which requires the activation of the BWC.
(d) Correctional officer and incarcerated person safety would be compromised (e.g. a
confidential informant or undercover member).
533.6 PROHIBITED USE OF BODY-WORN CAMERAS
Officers shall not activate their BWC during the following types of interactions with incarcerated
people:
(a) While conducting a strip search on an incarcerated person who is compliant. Officers
may activate their BWC if a strip search needs to be conducted on an incarcerated
person who has indicated an intention to resist or of non-compliance.
(b) Intentionally during an incarcerated person's use of the toilet or shower.
Situations may prompt the need for BWC activation without regard to privacy (i.e., an incarcerated
person becoming violent, uncooperative, or resistive, OR the possibility of an allegation of
misconduct).
Recording of Office personnel during routine, non-incarcerated person contact activities is
prohibited during breaks and in facility administrative areas where no incarcerated persons are
typically present.
533.7 OFFICER RESPONSIBILITIES
Correctional officers who are trained to use a BWC shall abide by the following:
(a) Ensuring the BWC is in good working order.
1. Officers shall ensure the camera battery is fully charged and operating properly.
2. Unless otherwise approved by a supervisor, officers shall place their BWC on a
docking station, on a daily basis, at the end of their shift.
3. Officers shall immediately report unresolved equipment malfunctions and/or
problems to their supervisor. All available methods should be used to try to
resolve the issue as quickly as possible.
(b) Officers shall ensure all digital evidence is uploaded and appropriately categorized
with metadata by the end of their shift. Overtime will not be authorized for this purpose
without the authorization of a supervisor.
(c) Officers shall position the BWC to facilitate an optimum recording field of view. To
achieve this officers must wear the BWC on the outermost garment and must ensure
the recording field of view is not obstructed by anything (e.g. a jacket, inclement
weather gear, plate carrier, etc.)
(d) While on duty, officers shall keep the BWC powered-on, in buffering mode.
1. Officers may place their BWC in "Sleep Mode" only when attending to personal
business (such as using the restroom, changing clothes, or lactation breaks).
The purpose of this is to prevent inadvertent activations from Axon Signal.
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(e) When writing reports, officers shall document whether a BWC was activated.
(f) Officers have discretion on whether to view a BWC recording prior to submitting a
report. If an officer does not review the BWC recording before submitting a report, the
officer must document that fact in the report. Officers are encouraged to review critical
incident videos prior to report submittal.
(g) If an officer fails to or is unable to activate their body-worn camera prior to initiating
any instances requiring BWC activation in this policy, they shall activate it as soon
as it is practical and safe to do so. As in all contacts, the safety of Office members,
incarcerated persons, and members of the public are the highest priorities. The failure
to activate a BWC because an incident unfolds too quickly, making the activation
impracticable or unsafe, is not a violation of this policy. The inability to activate a BWC
must be documented.
(h) Videos without an associated incident report or criminal report shall be titled by
location, computer ID number, and date (e.g., if you worked on Main Jail 4, your ID
number is A1337, the date is 01/01/2024, and the video has no evidentiary value, it
would be titled "MJ4-A1337-01012024").
533.7.1 180-DAY TRANSITION PERIOD
During the first 180 days a correctional officer is assigned a BWC,following completion of training,
unintentional deviations in policy and procedure in the use and deployment of a BWC shall be
considered training issues. During the transition period, officers should receive non-documented
counseling and training only.
Note: This does not apply to intentional acts to circumvent Office policy and procedure,
such as intentionally not activating a BWC when required, intentionally de-activating a
BWC prior to completion of an incident, or disabling or tampering with a BWC to include
unauthorized deletion of any data. Such acts will not be considered a training issue within
the 180-day transition period.
Upon completion of the 180-day transition period, barring any long-term leaves or absences,
officers will be expected to be proficient in the use and deployment of the BWC.
If, at the end of the 180-day transition period, or at any time thereafter, an officer feels they
need additional training to become proficient in the use and deployment of the BWC, they shall
immediately address any concerns with a supervisor. Supervisors will be expected to arrange
additional training, as needed, as soon as practical.
533.8 SUPERVISORY RESPONSIBILITIES
The supervisor's responsibilities are as follows:
(a) Supervisors shall make every effort to ensure officers utilize the BWC according to
policy guidelines.
(b) Supervisors shall make every effort to ensure videos related to critical incidents are
uploaded to Evidence.com in a proper and timely manner.
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(c) Supervisors shall confirm that all videos are uploaded and properly categorized to
ensure that the auto-retention feature can be triggered when necessary.
(d) Supervisors shall ensure that videos containing criminal evidence are categorized
appropriately and with the case number.
(e) While reviewing, and prior to approving a report regarding the use of force, supervisors
are required to review the relevant portion of BWC recordings associated with the
incident. Supervisors shall evaluate the circumstances surrounding the incident and
initiate an administrative investigation if there is a question of violation of law by
department personnel, policy non-compliance, an identifiable training issue or if for
any reason further investigation may be appropriate (see Department Chapter 3 Use
of Force policy).
(f) Supervisors are authorized to review relevant recordings any time they are
investigating alleged misconduct or reports of meritorious conduct, for purposes of
periodic audits, or to assist with evaluating an officer's performance.
(g) Supervisors shall not review BWC footage for the sole purpose of searching for
violations of department policy or law. Supervisors are encouraged, however, to
attempt to resolve citizen or incarcerated person complaints by reviewing video
captured by the BWC.
(h) The supervisor shall contact the BWC Coordinator or designee upon learning of any
reported problems or malfunctions of issued BWC equipment.
533.9 ACCESSING AND REVIEW OF RECORDINGS
All access to Evidence.com is logged and subject to audit at any time. Access to any data from
the system is permitted on a right to know, need to know basis. Members may only review
video according to the provisions of this policy. Evidence.com automatically time/date stamps
and records each access by name. Any witnessed violations of this policy shall be reported to
a supervisor.
Prior to viewing any data, members shall document the specific reason for access on the video
file page in the "NOTES" section.
Members may review BWC files as it relates to:
(a) Completing an investigation and preparing official reports. Officers should not use the
fact that a video recording is available to write a less-detailed report.
(b) Officers are encouraged to review BWC data prior to documenting an incident to
ensure their reports, statements, and documentation are as accurate and complete
as possible.
(c) Preparation prior to courtroom testimony or for courtroom presentation.
(d) Providing a statement pursuant to an administrative or criminal inquiry, including
officer-involved shooting investigations. The officer shall only review their own BWC
footage.
(e) Potential training purposes upon proper clearance only - the BWC video in question
shall be reviewed by the Sheriff or their designee first, to decide whether the content
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of the video supports further review by others to be used for training purposes, and
upon review is not or does not appear to have the potential to become evidence of
an internal affairs investigation, complaint, or other civil action. The Sheriff or their
designee can, at any time, refuse to allow a BWC to be used for training purposes.
(f) Duties when assigned to an official investigation as it relates to a personnel complaint,
Internal Affairs investigation, or other administrative investigation. The BWC data
accessed must be related to the given investigation.
(g) Complying with a public records request, and in accordance with the Records release
policy and state orfederal laws as authorized by the Sheriff or their designee.All Public
Records Act requests for BWC data shall be routed through the PRA Unit.
Although the system is designed not to allow it, any tampering with or deletion of BWC data is
specifically prohibited.
533.9.1 OFFICIAL USE ONLY
For official use, Evidence.com shall only be accessed from department authorized computers or
devices.
(a) Exception: Administrative users of Evidence.com may access Evidence.com from
a computer or device outside of the department for the purpose of completing
administrative tasks, such as locking or unlocking users, etc.
Excluding members of the PRA unit responding to a PRA request, no employee shall release or
cause to be viewed any BWC video to the media or member of the public without the authorization
of the Sheriff or their designee. When appropriate, every effort will be made to notify involved
employee(s) prior to release.
533.10 RELEASE OF BODY-WORN CAMERA RECORDINGS
BWC data made pursuant to this policy are Office records and may only be released as provided
in Department Manual Chapter 8 (Records Maintenance and Release) or for other authorized
legitimate Fresno County Sheriff's Office business purposes.
When criminal charges are being sought in a case, all related BWC data will be provided to the
District Attorney's office or other prosecuting entity.
533.11 RETENTION
BWC data shall be stored in compliance with standards set forth in Penal Code § 832.18 or any
applicable County of Fresno Retention Schedule, whichever is for the longer period of time.
533.12 BWC COORDINATOR LIAISON
The Custody Division Compliance Lieutenant shall act as a liaison to the Office BWC Coordinator.
Under the direction of the BWC Coordinator, the BWC Coordinator Liaison (Custody Division
Compliance Lieutenant) or their designee shall coordinate, initially and on a periodic basis, the
use, maintenance, auditing, and training of BWC recording devices and the storage of recordings,
including:
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(a) Coordinating with the Training Unit to implement proper training procedures. Training
shall minimally include:
1. BWC operations.
2. BWC placement.
3. BWC uploading procedures.
(b) Establishing a system for downloading, storing, and securing recordings.
(c) Designating those responsible for downloading recorded data.
(d) Establishing a maintenance system to ensure the availability of operable BWC
devices.
(e) Establishing a system for categorizing data according to the type of incident captured.
(f) Establishing a system to prevent the tampering, deleting, and copying of recordings,
and of chain of custody integrity.
(g) Working with the County Counsel's Office to appropriately resolve legal questions
or issues, and to ensure compliance with an appropriate retention schedule for
recordings and associated documentation.
(h) Isolating and mitigating accidental recordings.
(i) Maintaining logs of access and isolations of recordings (Penal Code § 832.18).
533.13 DELETION OF UNINTENTIONAL RECORDINGS
In the event of an unintentional activation of the BWC when activation is not required by this policy,
officers may request the unintentional recording be deleted. A memo should be submitted to the
officer's immediate supervisor. The memo should include the title of the video, privacy concerns, if
the contents require gender-sensitive review, and the justification for deletion. Once the video has
been reviewed and determined to be unintentional by the supervisor or their designee, a "NOTE"
shall be made regarding the request, review, and decision. The request will be forwarded to the
BWC Coordinator Liaison (Custody Division Compliance Lieutenant)for deletion.
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Policy Fresno County Sheriff's Office
542 Custody Policy Manual
Money Bags
542.1 PURPOSE AND SCOPE
The purpose of this procedure is to establish and maintain a consistent method for the handling
and use of cash reserves for the release of incarcerated person's monies.
542.2 POLICY
It is the policy of the Fresno County Sheriffs Office Custody Division, that cash reserves in the
amount of ten thousand dollars ($10,000)will be used in the event of a system failure of the Numi
Financial Debit Card System. The cash reserves will be divided and secured into two (2) locking
deposit bags (money bag) in the amount of five thousand dollars ($5,000) each and kept secure
in the Jail Records Unit safe located in the Jail Records Office.
542.3 PROCEDURE
Each shift shall be assigned one (1) lockable reserve money bag containing five thousand dollars.
Each bag shall be labeled by shift. When it becomes necessary to use reserve cash for releases
of incarcerated persons, the designated Sergeant shall retrieve and open the appropriate money
bag from the safe:
(a) The Reserve money bag shall be given to the Money/Property Officer. The amount
inside the bag shall be verified by the Money/Property Officer, who shall enter the
corresponding amounts into the Cash Reconciliation Sheet.
(b) At the end of each shift, the remaining money will be placed into the money bag, along
with ALL of the appropriate cash reconciliation paperwork (e.g. Offendertrak Release
Report showing how much and to whom the money has been disbursed). The bag
shall then be given to the designated Sergeant, who shall be responsible to lock and
secure the bag in the safe and request a reserve replenishment from the Business
Office, as needed,
542.4 SECURITY OF RESERVE CANVAS MONEY BAGS
The Fresno Sheriff's Business Office and the designated Sergeant's key deck sets shall have
master keys for the money bags which are assigned to each shift.All money bags are to be locked
and secured in the Records Unit safe. Designated Sergeants are provided with the combination
to the safe and are responsible to safeguard the code.
542.5 REPLENISHMENT
Two cash reserve bags are in the Business Office safe ($5000.00)each, and a phone call or email
is received from a Jail Sergeant to release the reserve fund. Once the reserve is returned to the
Business Office reserve bags are replenished based on the Offendertrak release batch report.
Each time the cash reserve needs to be replenished, the Business Office will need a Cash Count
Form (showing remaining denominations) in the bag with an Offendertrak release batch to report.
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The Business Office will replenish the reserve by issuing a check; it takes two business days to
issue a replenishment check. Once the check is cashed the Jail Records Unit will be informed
to pick up the cash.
542.6 OVERAGES AND SHORTAGES
All overages and shortages shall be documented by an incident report written by the Money/
Property Officer and reported to the designated Sergeant, who after investigating the discrepancy
will notify the Sheriff's Business Office Supervising Account Clerk.
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Chapter 6 - Incarcerated Person Due Process
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Policy Fresno County Sheriff's Office
6 Custody Policy Manual
Incarcerated Persons with Disabilities
602.1 PURPOSE AND SCOPE
This policy provides guidelines for addressing the needs and rights of incarcerated persons
detained by this Office in accordance with the Americans with Disabilities Act (ADA).
602.1.1 DEFINITIONS
Definitions related to this policy include:
American with Disabilities Act (ADA) — The act which provides comprehensive civil rights
protection to individuals with disabilities in the areas of employment, public accommodations, state
and local government, services, and telecommunications.
Assistive technology (AT) — Any item, piece of equipment, or product system that is used to
increase, maintain, or improve functional capabilities of individuals with disabilities.
Auxiliary aids and services — includes qualified interpreters upon request or through video
remote interpreting (VRI) services; notetakers; written materials; exchange of written notes;
telephone handset amplifiers; assistive listening devices and systems;telephones compatible with
hearing aids; open and closed captioning, including real-time captioning; voice, text, and video-
based telecommunications products and systems, including text telephones(TTYs),videophones,
or equally effective telecommunications devices; videotext displays; assistive technology; or other
effective methods of making aurally delivered information available to individuals who are deaf
or hard of hearing.
Disability-The ADA defines a disability as a physical or mental impairment that limits one or more
major life activities. These include, but are not limited to, any disability that would substantially
limit the mobility of an individual or an impairment of vision and/or hearing, speaking or performing
manual tasks that require some level of dexterity. Including those who have a history or record of
such an impairment, or who are perceived by others as having such an impairment.
Major life activity — includes, but is not limited to, functions such as caring for one's self,
performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
Reasonable accommodation — any change or adjustment to an environment that permits a
qualified person with a known disability to participate in a job, or to enjoy benefits and privileges
of programs or services as an equal to everyone without a disability.
Service Animal —any dog/miniature horse that is individually trained to do work or perform tasks
for the benefit of an individual with a disability. Service animals are working animals, not pets.
Personal pets/animals whose sole function is to provide comfort or emotional support do not qualify
as service animals under the ADA.
Undue hardship — means that the requested accommodation could not be provided without
significant difficulty or expense or it fundamentally alters the nature or operation of the institution
or program.
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602.2 POLICY
This Office will take all reasonable steps to accommodate incarcerated persons with disabilities
while they are in custody and will comply with the ADA and any related state laws. Discrimination
on the basis of disability is prohibited.
602.3 JAIL BUREAU COMMANDER RESPONSIBILITIES
The Medical and Services Bureau Commander, in coordination with the Responsible Physician,
and the ADA Coordinator (see the Accessibility - Facility and Equipment Policy), will establish
written procedures to assess and reasonably accommodate disabilities of incarcerated persons.
The procedures will include but are not limited to:
(a) Establishing housing areas that are equipped to meet the physical needs of disabled
incarcerated persons, including areas that allow for personal care and hygiene in a
reasonably private setting and for reasonable interaction with incarcerated persons.
(b) Establishing classification criteria to make housing assignments to incarcerated
persons with disabilities.
(c) Assigning individuals with adequate training to assist disabled incarcerated persons
with basic life functions, as needed.
(d) Establishing transportation procedures for moving incarcerated persons with limited
mobility.
(e) Establishing guidelines for services, programs, and activities for the disabled and
ensuring that incarcerated persons with disabilities have an equal opportunity to
participate in or benefit from all aspects of the facility's efforts to prevent, detect, and
respond to sexual abuse and sexual harassment (28 CFR 115.16).
(f) Establishing procedures for the request and review of accommodations.
(g) Establishing guidelines for the accommodation of individuals who are deaf or hard
of hearing, have common disabilities such as sight and mobility impairments and
developmental disabilities, or have common medical issues, such as epilepsy.
(h) Identifying and evaluating all incarcerated persons with developmental disabilities,
including contacting the regional centerto assist with diagnosis and/ortreatmentwithin
24 hours of identification, excluding holidays and weekends (15 CCR 1057).
1. The Fresno County Sheriff's Office will not discriminate against incarcerated
people or members of the public on the basis of disability in providing access to
its detention facilities, programs, services, and activities.
(a) The Americans with Disabilities Act Incarcerated Person Notice will be
prominently posted in all housing units.
(b) The Americans with Disabilities Act Public Notice will be prominently
posted at the public entrances of all Jail facilities.
The Jail Medical and Services Bureau Commander is responsible for ensuring the Fresno County
Sheriffs Office jail is designed or adapted to reasonably accommodate incarcerated persons with
disabilities. At a minimum this includes:
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• Access to telephones equipped with a telecommunications device or service for the
deaf for incarcerated persons who are deaf, are hard of hearing, or have a speech
impairment.
• If orientation videos are used to explain facility rules to newly admitted incarcerated
persons, subtitles may be displayed on the video presentation to assist incarcerated
persons who have impaired hearing.
• Some cells and dormitories should be equipped with wheelchair-accessible toilet and
shower facilities. Incarcerated persons with physical disabilities should be allowed to
perform personal care in a reasonably private environment.
• Tables designed for eating should be accessible to those in wheelchairs.
602.4 CORRECTIONAL OFFICERS' RESPONSIBILITIES
Correctional officers should work with qualified health care professionals to aid in making
accommodations for those with disabilities.
Correctional officers who work in the classification process should be aware of incarcerated
persons with disabilities before making housing decisions. For example, persons with mobility
issues may require a lower bunk and accessible toilet and shower facilities. When necessary or
required, a supervisor of the classification correctional officer should consult with the qualified
health care professional or the Responsible Physician regarding housing location. Incarcerated
people with disabilities shall be housed in the most integrated and appropriate housing possible.
Correctional officers should assist an incarcerated person with a disability by accommodating the
incarcerated person consistent with any guidelines related to the incarcerated person's disability.
If there are no current guidelines in place, correctional officers receiving an incarcerated person
request for accommodation of a disability should direct the incarcerated person to provide the
request in writing or assist the incarcerated person in doing so, as needed. The written request
should be brought to the ADA Unit or the facility sergeant as soon as practicable but during the
correctional officer's current shift.
Requests that are minor and do not reasonably appear related to a significant or ongoing need
may be addressed informally, such as providing extra tissue to an incarcerated person with a cold.
Such requests need not be made in writing.
1 Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), III.A.1.
602.5 ACCOMMODATION REQUESTS
Incarcerated persons shall be asked to reveal any accommodation requests during the medical
intake process.
Requests for accommodation after initial entry into the facility should be made through the
standard facility request process and should be reviewed by the ADA Unit or a facility sergeant
as soon as practicable. The reviewing ADA Unit staff member or facility sergeant should evaluate
the request with qualified medical staff and, if approved, notify staff as necessary to meet the
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accommodation. The ADA Unit should make a record of the accommodation in the incarcerated
person's file.
A facility sergeant who does not grant the accommodation, either in part or in full, should forward
the request to the ADA Unit as soon as practicable. The ADA Unit, in cooperation with qualified
health care staff, should make a determination regarding the request within seven (7) days of the
request being made.
602.6 TRAINING
The ADA Unit should work with the Training Unit to provide periodic training on such topics as:
(a) Policies, procedures, forms, and available resources for incarcerated persons with
developmental disabilities.
(b) Working effectively with interpreters, telephone interpretive services and related
equipment.
(c) Training for management staff, even if they may not interact regularly with disabled
individuals, so that they remain fully aware of and understand this policy and can
reinforce its importance and ensure its implementation.
602.7 REFERENCE
See the following for further guidance:
INCARCERATED PERSONS WITH DISABILITIES PROCEDURES
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Policy Fresno County Sheriff's Office
6 Custody Policy Manual
Voting
610.1 PURPOSE AND SCOPE
This policy establishes the requirement for providing eligible incarcerated persons the opportunity
to vote during elections, pursuant to election statutes (15 CCR 1071).
610.2 POLICY
The Office will assist incarcerated persons who wish to vote in an election via a vote-by-mail ballot.
610.3 PROCEDURES
Prior to each election, the Jail Administration and Programs Bureau Commander will designate a
staff member to be a liaison between the Office and the county elections office. The designated
staff member will be responsible for assisting incarcerated persons who have requested to vote.
Incarcerated persons should be advised of voting methods during the incarcerated person
orientation.
610.4 REFERENCE
See the following for further guidance:
VOTING PROCEDURES
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Chapter 7 - Medical-Mental Health
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Policy Fresno County Sheriff's Office
700 Custody Policy Manual
Health Care Administrative Meetings and
Reports
700.1 PURPOSE AND SCOPE
The Office recognizes that the delivery of effective health care requires open and frequent
communication between the Responsible Physician and the Jail Medical and Services Bureau
Commander. This policy provides guidelines for the continuous monitoring, planning, and problem
resolution in providing health care that addresses the medical needs of the incarcerated person
population and prevents potential outbreaks of communicable and contagious illness.
700.1.1 DEFINITIONS
Definitions related to this entire chapter include:
Access to care-An incarcerated person should be seen in a timely manner by a qualified health
care professional. The incarcerated person should be given a professional clinical diagnosis and
receive treatment that is ordered.
Clinical practice guidelines-A systematically developed science-based statement designed to
assist practitioners and incarcerated persons with decisions about appropriate health care for
specific clinical circumstances. Clinical practice guidelines are used to assist clinical decision-
making, assess and assure the quality of care, educate individuals and groups about clinical
disease, guide the allocation of health care resources, and reduce the risk of legal liability for
negligent care.
Clinical setting-An examination ortreatment room,which is appropriately supplied and equipped
to address a patient's health care needs.
Daily - Seven days a week, including holidays.
Direct order - A written order issued by a qualified health care professional specifically for the
treatment of an incarcerated person's particular condition.
Health appraisal - A comprehensive health evaluation completed within 14 days of an
incarcerated person's arrival at the facility.
Health authority- The Responsible Physician, health services administrator or health agency
responsible for providing all health care services or coordinating the delivery of all health care
services.
Health care-The sum of all actions, preventive and therapeutic,taken for the physical and mental
well-being of the incarcerated person population. The term health care includes medical, both
physical and psychological, dental, nutrition, and other ancillary services, as well as maintaining
safe and sanitary environmental conditions.
Health-trained custody staff-A correctional officer or other facility employee who has received
training from the Health Authority in limited aspects of health care coordination.
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HIPAA - Health Insurance Portability and Accountability Act
Mental health staff- Qualified health care professionals who have received instruction and
supervision in identifying and interacting with individuals in need of mental health services.
Physical examination - An objective, hands-on evaluation of an individual. Which may involve
the inspection, palpation, auscultation, and percussion of a body to determine the presence or
absence of physical signs of disease.
Qualified health care professional - Physicians, physician's assistants, nurses, nurse
practitioners, dentists, mental health professionals or other persons who, by virtue of their
education, credentials, and experience are permitted by law to evaluate and care for patients
within the parameters of their license or certification.
Responsible Physician-An individual licensed to practice medicine and provide health services
to the incarcerated person population of the facility, or the physician at an institution with final
responsibility for decisions related to medical judgment.
Sick call- The evaluation and treatment of a patient by a qualified health care professional.
Special needs - Health conditions that require specialized care.
Standing order-Written orders issued by a physician that specify the same course of treatment for
each patient suspected of having a given condition and the specific use and amount of prescription
drugs (e.g., immunizations, insulin, seizure medications).
Suicidal ideation - Having thoughts of suicide or of taking action to end one's own life. Suicidal
ideation includes all thoughts of suicide when the thoughts include a plan to commit suicide and
when they do not.
Treatment plan - A series of written statements specifying a patient's particular course of
treatment and the roles of qualified health care professionals in delivering the care.
Triage - The sorting and classifying of health care requests to determine priority of need and the
proper place for health care to be rendered.
700.2 POLICY
The Sheriff will ensure the Jail Health Authority maintains a Responsible Physician in accordance
with the Health Authority Policy. It is the policy of this facility that the Responsible Physician
should meet with the Jail Medical and Services Bureau Commander at least quarterly. The
Responsible Physician should be required to report the effectiveness of the health care system
and a description of any environmental or access issues that require improvement. The quarterly
meeting should be documented through formal minutes, which should include the names of
attendees and a list of the topics discussed. The minutes should be retained in accordance with
established records retention schedules.
The data for the quarterly report should be gathered by the Responsible Physician via monthly
meetings with the Jail Medical and Services Bureau Commander, the compliance lieutenant,
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medical director, psychiatrist, registered nurse, pharmacy representative, and Department of
Public Health representative. The monthly meetings should cover the following topics:
(a) Numbers of incarcerated people who missed intake screening;
(b) Numbers of incarcerated people who missed TB screening at intake;
(c) Numbers of health requests submitted daily, numbers triaged within 24 hours, and the
numbers who received face-to-face evaluations within 72 hours;
(d) The percent of those who received their first dose of medication within 24 hours of
prescription;
(e) The number of medical records that could not be located upon request;
(f) The length of time to specialty appointment by service;
(g) The number of incarcerated people with chronic illnesses who received their
medications within a day of incarceration; and
(h) The number of incarcerated people with chronic illnesses who received a history and
Physical examination by a provider within two weeks of incarceration.t
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.M.4-5.
See Policy 100— Periodic Review and Performance-Based Goals and Objectives for the Monthly
Quality Assurance Meeting.
700.2.1 STATISTICAL REPORTS
In addition to the quarterly report described above, a statistical report will be provided annually to
the Jail Medical and Services Bureau Commander. The statistical report will be prepared by the
Responsible Physician and may include but not be limited to the following (15 CCR 1202):
(a) The number of incarcerated persons receiving health services by category of care
(b) The number of referrals to specialists
(c) Prescriptions written and medications dispensed
(d) Laboratory and X-ray tests completed
(e) Infirmary admissions, if applicable
(f) On-site and off-site hospital admissions
(g) Serious injuries or illnesses
(h) Deaths
(i) Off-site transports
0) Infectious disease monitoring
(k) Emergency services provided to incarcerated persons
(1) Dental visits provided
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(m) Number of health care grievances by category (e.g., medication error, missed
appointment, health staff complaint) and whether the grievance was founded or
unfounded
It is the responsibility of the Jail Medical and Services Bureau Commander to ensure that copies of
the statistical reports and documentation of any remedies implemented are retained in accordance
with established records retention schedules.
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Policy Fresno County Sheriff's Office
701 Custody Policy Manual
Access to Health Care
701.1 PURPOSE AND SCOPE
The provision of adequate health services in a custody setting is a constitutional right afforded to
all incarcerated persons. The purpose of this policy is to provide custody personnel and qualified
health care professionals with a process to inform incarcerated persons of the procedure to access
health care services.
701.2 POLICY
It is the policy of the Fresno County Sheriff's Office — Custody Division that all incarcerated
persons, regardless of status or housing location,will have timely access to a qualified health care
professional and receive a timely professional clinical judgment and appropriate treatment.
The Fresno County Sheriffs Office will provide medical, dental, and mental health services as
necessary to maintain the health and well-being of incarcerated persons to a reasonable and
socially acceptable standard (15 CCR 1200 et seq.; 15 CCR 1208).
701.3 ACCESS TO CARE
Incarcerated person medical requests will be evaluated by qualified health care professionals.
Health care services will be made available to incarcerated persons from the time of admission
until they are released. Timely access to services will be provided. Information regarding how to
contact the medical staff will be available in the Jail Orientation Handbook (15 CCR 1200 et seq.;
15 CCR 1208). Medications and community health resources and referrals may be provided upon
request when the incarcerated person is released.
Any incarcerated person refusing medical treatment shall be documented. Any instance of
an incarcerated person causing a disruption in the delivery of health care services shall be
documented in an incident report. The incident report shall be forwarded to the Responsible
Physician and a copy sent to the Jail Medical and Services Bureau Commander.
701.4 HEALTH SERVICE REQUEST FORMS
Medical care staff shall collect and triage completed health service request forms at least twice
a day to determine the urgency based on the complaint. All incarcerated people with emergent
issues shall be seen immediately, urgent issues within 24 hours, and routine requests shall be
scheduled within 72 hours. All incarcerated people experiencing symptoms shall have vital signs
taken during their face-to-face evaluations. Nurses shall review the charts of the incarcerated
people being evaluated during all triages.t
tHall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.F.2.
701.5 HEALTH CARE GRIEVANCES
Incarcerated person grievances regarding health care issues will be investigated by an uninvolved
member of the medical staff. The incarcerated person should be provided with a written response
in accordance with the schedule set forth in Chapter 6: Grievances Policy.
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Copies of grievances and their response shall be sent to the Jail Medical and Services Bureau
Commander,who, in consultation with the Responsible Physician, shall serve as the final authority
in response to health care Incarcerated Person Grievances.
If an incarcerated person is not satisfied with the response, the incarcerated person may appeal
the grievance as outlined in Chapter 6: Grievances Policy.
701.6 POSTING AVAILABLE RESOURCES
A listing of telephone numbers for medical, dental, mental health and ambulance services should
be posted in facility medical areas and in central control.
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Policy Fresno County Sheriff's Office
704 Custody Policy Manual
Emergency Health Care Services
704.1 PURPOSE AND SCOPE
The purpose of this policy is to establish plans and procedures for responding to medical
emergencies in the Custody Division facilities when the level of medical or mental health services
exceeds the licensure or certification of staff who are on-duty, and to define staff training
requirements.
704.2 POLICY
It is the policy of this Office that emergency medical and mental health services are available 24
hours a day. These services may include off-site health care services.
704.3 PROCEDURES
The Jail Medical and Services Bureau Commander or the authorized designee shall work
cooperatively with the Responsible Physician to develop plans and procedures for responding
to emergency medical incidents that occur when the level of medical or mental health services
needed exceeds the licensure or certification of staff who are on-duty. The plans should include:
(a) On-site emergency first aid;
(b) Basic life support and crisis intervention;
(c) Emergency evacuation of an incarcerated person from the facility, including security
procedures to ensure an immediate transfer when appropriate;
(d) On-call physicians and mental health professionals;
(e) Predetermined back-up health care services when the emergency health facility is not
located in a nearby community;
(f) Identification of primary, secondary, and tertiary acute care facilities.
The plan may additionally include but is not limited to these components:
(a) Health-trained staff shall respond to all medical emergencies immediately upon
notification.
(b) Contact information for emergency on-call health care services, both on- and off-site,
is available and accessible for facility supervisors.
(c) Qualified health care professionals shall respond by reporting to the area of the
emergency with the necessary emergency equipment and supplies.
(d) Emergency equipment and supplies are regularly maintained and accessible to the
qualified health care professionals and health-trained custody staff.
(e) Most incarcerated persons will be stabilized on-site and then transferred to an
appropriate health care unit, if necessary.
(f) Notification of on-call physicians and mental health staff will be done as soon as
practicable.
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(g) The qualified health care professionals will determine if the incarcerated person needs
to be transported to a local emergency room for treatment.
(h) When necessary, correctional staff shall request emergency services and notify a
supervisor as soon as practicable.
(i) The Jail Medical and Services Bureau Commander and the Responsible Physician
will coordinate on the notification of the incarcerated person's next of kin in cases
of serious illness and injury. Death notifications will be made in accordance with the
Reporting In-Custody Deaths Policy.
Q) Training which informs and allows members to possess and administer opioid
overdose medication.
The goal of any emergency medical response plan is to provide emergency medical care to those
in need as expeditiously as possible. While facility size and patient proximity to the health care
service will vary, staff training will emphasize responding to medical emergencies as soon as
reasonably possible.
704.4 EMERGENCY PROCEDURES
The health services administrator or the authorized designee is responsible for ensuring the
following information, equipment, and personnel are available in the event an incarcerated person
requires emergency treatment (15 CCR 1206(c)):
(a) A current list of names and telephone numbers of all persons and agencies to be
notified in an emergency. The list should be available to all health care staff and should
be updated periodically.
(b) Emergency drugs, equipment, and supplies should be readily available at all times
and replenished after each use.
(c) A physician and mental health professional should be available on-call 24 hours a day,
seven days a week (this can include off-site health care services) and there should
be a back-up health care services plan.
(d) Ambulances should be requested through correctional staff or by calling the
appropriate emergency number. There should be a clear security plan in place for the
transportation of incarcerated persons.
(e) The Watch Commander will be contacted and informed of any emergency as soon
as practicable.
(f) All decisions regarding medical treatment and the need for emergency transportation
are to be made by the qualified health care professionals or health-trained custody
staff.
704.5 FIRST-AID KITS
The Responsible Physician or the authorized designee, in conjunction with the Fire Life Safety
Officer, is responsible for determining the contents, number, location, and procedures for monthly
inspections of all first-aid kits in the facilities. The Responsible Physician shall also ensure that
(15 CCR 1220):
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The contents of each first-aid kit are:
(a) Approved by the Responsible Physician.
(b) Appropriate for its location.
(c) Arranged for quick use.
(d) Documented on the outside cover.
(e) Inventoried every month.
(f) Secured with a plastic tamper-proof seal.
(a) Once the seal has been broken, the kit should be inventoried and restocked.
(b) Written protocols and training materials are developed for the use of medical
supplies and equipment by health-trained custody staff.
(c) Inspections and testing of supplies and equipment are documented and
maintained in accordance with established records retention schedules.
704.6 TRAINING
The Jail Medical and Services Bureau Commander, in coordination with the Training Unit, shall
ensure that all qualified health care professionals are trained in the delivery of emergency medical
services in the custody environment during new employee orientation.
The Jail Medical and Services Bureau Commander or the authorized designee shall ensure that all
staff members who have contact with incarcerated persons receive first-aid and basic life support
training during new employee orientation, and that annual refresher training is conducted for all
staff and qualified health care professionals. Training should include but not be limited to:
(a) The location of all emergency medical equipment and medications and the proper use
of the equipment, such as AEDs.
(b) How to properly summon internal and external emergency services.
(c) Recognition of basic life support signs and symptoms and the actions required in
emergency situations.
(d) Administration of basic first aid.
(e) Certification in CPR in accordance with the recommendations of the certifying health
organization.
(f) Recognition of the signs and symptoms of mental illness, violent behavior and acute
chemical intoxication and withdrawal.
(g) Procedures for incarcerated person transfers to appropriate medical facilities or health
care service.
(h) Suicide recognition, prevention, and intervention techniques.
All records of the training provided, testing procedures and the results, and certificates achieved
shall be maintained in each qualified health care professional's training file in accordance with
established records retention schedules. The Responsible Physician should be bound by similar
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requirements in the contractual language between the Fresno County Sheriff'sOffice and the
vendor.
704.7 AUTOMATED EXTERNAL DEFIBRILLATORS (AED)
The Fire Life Safety Officer is responsible for ensuring that Automated External Defibrillators
(AEDs) are available in the facilities and that all staff members are trained in its use. The AEDs
shall be inspected weekly.
704.8 REFERENCE
See the following for further guidance:
EMERGENCY HEALTH CARE SERVICES
SUICIDE INTERVENTION AND PREVENTION PROCEDURES
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Policy Fresno County Sheriff's Office
718 Custody Policy Manual
Clinical Performance Enhancement
718.1 PURPOSE AND SCOPE
This Office recognizes the importance of ensuring that qualified health care professionals are
competent in their clinical skills and that the clinical performance enhancement review addresses
areas in need of improvement.
718.1.1 DEFINITIONS
Definitions related to this policy include:
Clinical performance enhancement review - The process of having a qualified health care
professional's work reviewed by another professional (peer review)of at least equal training in the
same general discipline (e.g., review of the facility's physicians by the Responsible Physician).
Independent review - The assessment of a qualified health care professional's compliance with
discipline-specific and community standards. The review is an analysis of a practitioner's clinical
practice. This review may be conducted by someone who may or may not be directly employed
by the institution. However, if the review was prompted by an incarcerated person complaint, the
reviewing practitioner must not have been previously involved in the care of that incarcerated
person.
718.2 POLICY
It is the policy of this Office to conduct a biannual peer review of all qualified health care
professionals. The clinical performance enhancement review process is neither an annual
performance review nor a clinical case conference process. It is a professional review focused on
the qualified health care professional's clinical skills. Its purpose is to enhance competence and
address areas in need of improvement.
An immediate peer review may be authorized by the Responsible Physician if serious problems
of practice arise with a specific qualified health care professional.
718.3 COMPONENTS OF THE CLINICAL PERFORMANCE ENHANCEMENT
The clinical performance enhancement review process is to be conducted biannually on all
qualified health care professionals. The result of these reviews shall be kept confidential.
Documentation from the review shall include:
• Name of the individual being reviewed.
• Date of the review.
• Name and credentials of the reviewer.
• Confirmation that the review was shared with the qualified health care professional.
• Summary of findings and corrective action, if any.
If a clinical performance enhancement review identifies a serious concern, the Responsible
Physician shall implement an independent review by someone who is not directly employed by
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this Office. The result of this review shall be shared with the appropriate health care service by
the Responsible Physician, and a plan of correction shall be implemented.
The Responsible Physician will keep a log of clinical performance enhancement reviews of all
qualified health care professionals to ensure compliance with this policy.
718.4 HEALTH CARE COMPLAINTS
The Jail Medical and Services Bureau Commander, in cooperation with the Responsible
Physician, shall be responsible for developing and implementing a process by which incarcerated
persons may submit complaints about the health care services they have received. There shall
also be a means of collecting and analyzing the observations of other qualified health care
professionals, correctional staff, or other nonmedical staff regarding the delivery of health care
services.
The Responsible Physician shall convene a panel of independent physicians to review the practice
of the physician about whom complaints or observations have been made. The Responsible
Physician shall take appropriate action at the recommendation of the panel.
718.5 RECORDS
All clinical performance enhancement review reports and complaint investigations shall be
considered confidential. The contents of such files shall not be revealed to other than the involved
employee or authorized personnel, except pursuant to lawful process or as otherwise authorized
or required by statute.
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Policy Fresno County Sheriff's Office
• Custody Policy Manual
Clinical Decisions
719.1 PURPOSE AND SCOPE
This policy recognizes that a coordinated effort between the Responsible Physician and the Jail
Medical and Services Bureau Commander is needed to ensure an adequate health care system.
It emphasizes the importance of clinical decisions being the sole responsibility of the qualified
health care professional.
719.1.1 DEFINITIONS
Definitions related to this policy include:
Clinical decisions -The process of formulating a differential diagnosis with information gathered
from an incarcerated person's medical history and physical and mental examinations, developing
a list of possible causes, and ordering tests to help refine the list or identify a specific disease.
Differential diagnosis - A systematic method of identifying unknowns or diagnosing a specific
disease using a set of symptoms and testing as a process of elimination.
719.2 POLICY
Clinical decisions and actions regarding incarcerated person health care are the sole responsibility
of qualified health care professionals and should not be countermanded by others. The
Responsible Physician shall be responsible for arranging for appropriate health resources and
for determining what services are needed. The Jail Medical and Services Bureau Commander or
the authorized designee shall be responsible for providing the custodial support to ensure a safe
and secure environment for the delivery of the services and its accessibility to the incarcerated
persons (15 CCR 1200(a); 15 CCR 1206(k)).
719.3 MEDICAL AUTONOMY
Clinical decisions shall be made only after a thorough evaluation of the patient's complaint and
physical or mental condition. The implementation of clinical decisions is to be completed in an
effective and safe manner that does not violate the security regulations of the facility.
719.3.1 MENTAL HEALTH
Clinical decisions, diagnoses, and treatment plans shall only be made by licensed mental health
clinicians (psychiatrists, psychologists, therapists, clinical social workers, psychiatric nurses).
Licensed mental health clinicians shall review and cosign record entries made by Licensed
Psychiatric Technicians(LPTs)and Licensed Vocational Nurses(LVNs)when the LVNs and LPTs
are providing behavioral health services.
1 Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), II.A.1.
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Clinical Decisions
719.4 PROBLEM RESOLUTION
Any issues arising because of the clinical decision process shall be reviewed under the provisions
of the Chapter 7: Continuous Quality Improvement Policy using medical records, grievances, staff
complaints and any other relevant data.
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Policy Fresno County Sheriff's Office
728 Custody Policy Manual
Continuous Quality Improvement
728.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a Continuous Quality Improvement (CQI) process of
health care review in an effort to identify improvement needs in policies, processes or staff
actions, and to develop and implement better health care strategies to improve the processes and
outcomes of the health care services delivered at this facility.
728.2 POLICY
It is the policy of this Office a CQI process for incarcerated person health care delivery and
outcomes is developed and maintained, measurable goals and objectives are established and
reviewed quarterly, and that the process itself is periodically reviewed and updated as needed.The
process should be supervised by the Responsible Physician. The data evaluated should result in
more effective access to services, an improved quality of care, and a better utilization of resources.
Any corrective action recommended by the CQI Committee is implemented and completed within
30 days of the report making such recommendations, unless there are extenuating circumstances
preventing implementation and completion within such timeframe in which case it shall occur as
soon as reasonably practical.
1 Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.M.6.
728.3 CQI TECHNIQUES AND MONITORING
The CQI process may be applied to any aspect of health care delivery and health service
outcomes, including, but not limited to, monitoring and reviewing the following:
• Quality of the medical charts, by the Responsible Physician or the authorized designee
• Investigations of complaints and grievances
• Corrective action plans and plan outcomes
• Deaths in custody, suicide attempts, sentinel events, and incident and management
of serious communicable disease outbreaks
• Plans for employee education and training, using investigation findings
• Quarterly reports to the Responsible Physician and Jail Operations Bureau
Commander
• Credentialing (assessing and confirming qualifications), privileging (authorization
to provide services), and training of employees and the associated peer review
processes
• Condition and effectiveness of the environment
• Adequacy and quality of supplies and equipment
• Quality of care provided to individual patients, when applicable
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• Pharmacy services and medication administration, including timely continuity of
verified community prescriptions for psychiatric medications
• Risk minimization tactics
• Data describing the types, quality and quantity of care provided
• Accreditation compliance
Continuity of care for incarcerated people with serious mental illness leaving custody
Timely triage of health care service request forms describing mental health symptoms
Health checks of incarcerated people in administrative separations
1 Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), II.H.1.
Specific points of data that must be reviewed quarterly are:
(a) Numbers of incarcerated people who missed intake screening2
(b) Numbers of incarcerated people who missed TB screening at intake
(c) Numbers of incarcerated people health requests submitted daily, numbers triaged
within 24 hours, and the numbers who received face-to-face evaluations within 72
hours
(d) The percent of incarcerated people who received their first dose of medication within
24 hours of prescription
(e) The number of medical records that could not be located upon request2
(f) The length of time to specialty appointment by service
(g) The number of incarcerated people with chronic illnesses who received their
medications within a day of incarceration
(h) The number of incarcerated people with chronic illnesses who received a history and
physical examination by a provider within two weeks of incarceration
2 Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.M.5.
728.4 CQI COMMITTEE MEETINGS
The Jail CQI committee should meet quarterly under the direction of both the committee chair and
the Responsible Physician. The CQI meetings may be conducted at the same time as quarterly
administrative meetings, but CQI minutes must be produced and maintained separately from any
other minutes.
The CQI minutes are not subject to disclosure outside of the CQI program, including requests
from local, regional and national entities.
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Policy Fresno County Sheriff's Office
• Custody Policy Manual
Informed Consent and Right to Refuse Medical
Care
729.1 PURPOSE AND SCOPE
This policy recognizes that incarcerated persons have a right to make informed decisions
regarding their health care. It establishes the conditions under which informed consent should be
obtained prior to treatment, when medical care may proceed without consent, the documentation
process for the refusal of medical care, and the retention of refusal forms.
729.1.1 DEFINITIONS
Definitions related to this policy include:
Informed consent - The written agreement by an incarcerated person to a treatment,
examination, or procedure. Consent is sought after the incarcerated person has received
the material facts about the nature, consequences, and risks of the proposed treatment, the
examination or procedure, the alternatives to the treatment, and the prognosis if the proposed
treatment is not undertaken, in a language understood by the person.
729.2 POLICY
It is the policy of this Office that generally,all health care examinations,treatments, and procedures
shall be conducted with the informed consent of the incarcerated person. Exceptions include
emergencies, life-threatening conditions, and a court order (15 CCR 1214).
729.3 INFORMED CONSENT
The qualified health care professional initiating treatment shall inform the incarcerated person of
the nature of the treatment and its possible side effects and risks, as well as the risks associated
with not having the treatment.
For invasive procedures or any treatment where there is some risk to the incarcerated person,
informed consent is documented on a written form containing the signatures of the incarcerated
person and a health services staff witness.
A signed informed consent shall be obtained and witnessed by the prescribing psychiatrist for the
initiation of psychotropic medication.
Appropriate arrangements shall be made to provide language translation services as needed
before an incarcerated person signs any informed consent form.
Absent informed consent in non-emergency situations, a court order is required before involuntary
treatment can be administered to an incarcerated person.
729.4 REFUSAL OF TREATMENT
When an incarcerated person refuses medical, mental health, or dental treatment or
medication, they shall be counseled regarding the necessity of the treatment/medication and
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the consequences of refusal. The incarcerated person shall then be requested to sign a form
acknowledging that the person refused an examination and/or treatment.
The form shall be filled out completely by the qualified health care professional and include the
incarcerated person's name, jail identification (JID) number, and treatment/medication refused.
The form must be signed by the incarcerated person and a witness. Medical staff will provide
educational materials for the treatment/medication refused to the incarcerated person.
In the event that the incarcerated person refuses to sign, a notation to this effect shall
be documented on the incarcerated person signature line. This shall require a signed
acknowledgement by two witnesses.
Documentation regarding the incarcerated person's mental status,when applicable, shall be noted
in the medical record.
The completed form is to be placed in the incarcerated person's medical record.
It is the responsibility of the qualified health care professional to refer all incarcerated people with
four or more refusals to be seen by the Responsible Physician or authorized designee.
Any time there is a concern about the decision-making capacity of the incarcerated person, an
evaluation shall be conducted, particularly if the refusal is for critical or acute care.
Any time an incarcerated person refuses to take their medication, attend sick call, or attend a
scheduled medical appointment, a signed refusal must be obtained by the qualified health care
professional.
The refusal form shall be a permanent part of the incarcerated person's medical record.
The incarcerated person may revoke their refusal at any time.
729.4.1 STERILIZATION
This Office shall not perform any sterilization procedure on an incarcerated person, without the
person's consent, unless the procedure is necessary to save the person's life. A sterilization
procedure may be performed with the incarcerated person's consent under the following conditions
(Penal Code § 3440(b)):
(a) Less invasive measures are not available, have been refused by the incarcerated
person, or have been deemed unsuccessful.
(b) A second physician, approved to provide medical services for the facility but not
employed by the county, confirms the need for the procedure.
(c) The incarcerated person has been advised of the impact and side effects of the
procedure, and that refusal will not affect the person's ability to receive future medical
treatment.
If a sterilization procedure is performed, this Office shall provide psychological consultation before
and after the procedure, as well as the appropriate medical follow-up (Penal Code § 3440(c)).
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The Records Supervisor shall also submit data annually to the Board of State and Community
Corrections regarding the race, age, medical justification, and method of sterilization for any
sterilization procedure performed (Penal Code § 3440(d)).
729.4.2 INVOLUNTARY ADMINISTRATION OF PSYCHOTROPIC MEDICATION
Psychotropic medication may only be administered involuntarily to an incarcerated person in
emergency circumstances or as otherwise allowed by law and only with a physician's order. The
medication administered shall only be what is required to treat the emergency condition and
administered for only as long as the emergency continues to exist. Any such treatment shall
be consistent with the standard of care. A court order shall be sought or legal consent shall be
obtained if the Responsible Physician anticipates further dosage will be necessary or beneficial
(Penal Code § 2603; 15 CCR 1217).
In cases of non-emergencies, certain conditions must be met as described in Penal Code
§ 2603(c) prior to the involuntary administration of the psychotropic medication, including a
documented attempt to locate an available bed in a noncarceral treatment facility in lieu of seeking
to administer involuntary medication (Penal Code § 2603).
The reason medication was involuntarily administered should be documented in the incarcerated
person's health care record.
See Involuntary Medication Policy
729.5 RECORDS
The Jail Medical and Services Bureau Commander or the authorized designee shall work with the
Health Authority to develop medical care consent and refusal forms and a system for retaining
records in the incarcerated person's health file in accordance with established records retention
schedules.
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Chapter 10 - Programs for Incarcerated Persons
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Policy Fresno County Sheriff's Office
1000 Custody Policy Manual
Programs and Services
1000.1 PURPOSE AND SCOPE
The purpose of this policy is to establish the programs and services that are available to
incarcerated persons. The programs and services exist to motivate offenders toward positive
behavior while they are in custody. The policy identifies the role and responsibilities of the
Programs Sergeant, who manages a range of programs and services.
1000.2 POLICY
The Fresno County Sheriffs Office will make available to incarcerated persons a variety of
programs and services subject to resources and security concerns. Programs and services offered
for the benefit of incarcerated persons may include social services, faith-based services, out of
cell activities, access to books and reading materials, educational/vocational training, alcohol and
drug abuse recovery programs, and leisure time activities (15 CCR 1070).
Any change in a scheduled jail program or event shall be made only with the approval of the Jail
Administration and Services Bureau Commander or the Watch Commander.
1000.3 PROGRAMS SERGEANT RESPONSIBILITIES
The Programs Sergeant is selected by the Administration and Programs Bureau Commander
and is responsible for managing the incarcerated person programs and services, including the
following:
(a) Research, plan, budget, schedule, and coordinate security requirements for all
incarcerated person programs and services.
(b) Develop or procure programs and services as authorized by the Administration and
Programs Bureau Commander (15 CCR 1070).
(c) Act as a liaison with other service providers in the community that may offer social
or educational programs (e.g., school districts, Department of Social Services, health
educators, substance abuse counselors).
(d) Develop, maintain, and make available to incarcerated persons the schedule of
programs and services.
(e) Aid in establishing policy and procedure with rules for the participation of incarcerated
persons in the programs and services.
(f) Develop and maintain records on the number and type of programs and services
offered, as well as incarcerated person attendance at each offering.
(g) Establish controls to verify that the content and delivery of programs and services are
appropriate for the circumstances.
(h) Accumulate data and prepare monthly and annual reports as directed by the
Administration and Programs Bureau Commander.
(i) Ensure incarcerated persons are not denied access to educational and vocational
programs based solely on their indigent status.
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1000.4 SECURITY
All programs and services offered to benefit incarcerated persons shall adhere to the security and
classification requirements of these facilities. To the extent practicable, the Programs Sergeant
will develop individualized programs and services for incarcerated persons who are housed in
high-security or administrative separation.
1000.5 DISCLAIMER
Incarcerated person programs are provided at the sole discretion of the Fresno County Sheriffs
Office in keeping with security interests, available resources, and best practices.
Nothing in this policy is intended to confer a legal right for persons to participate in any program
offered other than what is required by law or that which is medically required.
1000.6 REFERENCE
See the following for further guidance:
PROGRAMS AND SERVICES
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Policy Fresno County Sheriff's Office
1001 Custody Policy Manual
Incarcerated Persons Welfare Fund
1001.1 PURPOSE AND SCOPE
The Office is authorized to maintain a fund derived from proceeds from the commissary,
telephones, and other incarcerated person-related commerce activities to be used primarily to
provide welfare and education programs for the benefit of the incarcerated person population.
1001.2 POLICY
It is the policy of the Custody Division to maintain and administer an Incarcerated Persons Welfare
Fund that supports programs for incarcerated persons.
1001.3 INCARCERATED PERSONS WELFARE FUND
The Administration and Programs Bureau Commander, in cooperation with the County
Administrative Office, will establish and maintain an Incarcerated Persons Welfare Fund where
proceeds derived from incarcerated person telephones, commissary, and other income intended
for the support of incarcerated person programs are deposited.
The Incarcerated Persons Welfare Fund is allocated to support a variety of programs, services,
and activities benefiting the general incarcerated person population and enhancing incarcerated
person activities and programs. This includes capital construction and improvement projects in
support of such programs, services, and activities (Penal Code § 4025).
1001.4 INCARCERATED PERSONS WELFARE FUNDING SOURCES
Revenues and funding from the following sources shall be deposited into the Incarcerated Person
Welfare Fund account:
(a) All proceeds from commissary and canteen operations.
(b) Proceeds from the operation of incarcerated person telephones.
(c) Donations.
(d) Interest income earned by the Incarcerated Persons Welfare Fund.
1001.5 EXPENDITURE OF INCARCERATED PERSONS WELFARE FUNDS
The Incarcerated Persons Welfare Fund shall be used solely for the welfare and benefit of the
incarcerated person population or as otherwise permitted by law.
Expenditures permitted from the Incarcerated Persons Welfare Fund include but are not limited
to the following:
(a) Education programs
(b) Recreational goods and services, such as:
1. Recreational equipment, games, and sporting goods.
2. Televisions and media subscriptions, video players, and content media.
3. Library books.
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(c) Salary and benefit costs for personnel while they are employed in positions or are
performing activities solely for the benefit of incarcerated persons or to facilitate
incarcerated person programs.
(d) Welfare packages for indigent incarcerated persons.
(e) Alcohol and drug treatment programs.
(f) Office facility canteens.
(g) Incarcerated person trust accounting system.
(h) Envelopes, postage, and personal hygiene items for indigent incarcerated persons.
(i) Approved non-prescription, over-the-counter health aids for incarcerated person use.
0) Libraries designated for incarcerated person use.
(k) Visiting room equipment, supplies, and services.
(1) Incarcerated person activity programs, including:
1. Equipment for television viewing.
2. Visiting music/entertainment groups.
3. Music equipment and supplies.
4. Activities equipment, supplies, and services.
5. Repair of equipment purchased from the Incarcerated Persons Welfare Fund.
6. Food or supplies for special occasions.
7. Incarcerated person awards for the purpose of providing umpires or referees,
and maintaining activity equipment and apparel.
8. Incarcerated person tournaments and holiday events.
9. Incarcerated person club activities.
10. Entertainment equipment, cable or satellite subscription services, and other
related supplies.
11. Materials for faith-based programs.
1001.5.1 EXPENDITURE FOR REENTRY PROGRAMS
Expenditures from the Incarcerated Persons Welfare Fund are also permitted for programs that
assist indigent incarcerated persons with the reentry process within 30 days of release. These
programs include work placement, counseling, obtaining proper identification, education, and
housing (Penal Code § 4025.5).
1001.5.2 PROHIBITED EXPENDITURES OF INCARCERATED PERSONS WELFARE FUND
Except as permitted by law, the Incarcerated Persons Welfare Fund shall not be used to fund
activities associated with any of the following:
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(a) Security-related functions, including staff, safety equipment, radios, weapons, or
control devices that are specifically designated for use by the custody staff in
maintaining the security, safety, and order in the facility.
(b) Food service, staff costs, equipment, and supplies.
(c) Medical/dental services, staff costs, equipment, and supplies.
(d) Maintenance and upkeep of Office facilities not otherwise permitted by law.
(e) Janitorial services and supplies.
(f) Transportation to court, medical appointments, or other reasons not related to
incarcerated person programs.
(g) Any other normal operating expenses incurred by the day-to-day operation of the
Office.
1001.6 FINANCIAL ACCOUNTING OF INCARCERATED PERSONS WELFARE FUNDS
The Administration and Programs Bureau Commander in cooperation with the County
Administrative Office shall maintain an accounting system to be used for purchasing goods,
supplies, and services that support incarcerated person programs (see Custody Manual Chapter
2 Financial Practices Policy).
There shall be an annual written line-item budget for the expenditure of money from the
Incarcerated Persons Welfare Fund. The budget shall be approved in advance of each fiscal year
by the Sheriff. Purchases made in exception to the approved budget shall only be authorized by
the Sheriff.
All Incarcerated Persons Welfare-funded equipment shall be inventoried using an asset listing to
prevent loss or misuse of equipment belonging to the Incarcerated Persons Welfare Fund. The list
shall be maintained by Program staff in accordance with County of Fresno Management Directives
410 and 420.
A copy of the Incarcerated Persons Welfare Fund financial activities and status shall be made
available to the public upon request by the Fresno County Sheriff's Business Office.
1001.6.1 ANNUAL REPORTING
The Administration and Programs Bureau Commander is responsible for ensuring an annual
report of expenditures from the Incarcerated Persons Welfare Fund is submitted annually to the
County Board of Supervisors (Penal Code § 4025).
There shall be an audit of the Incarcerated Persons Welfare Fund on a biennial basis (in even-
numbered years).This audit may be completed by the Fresno County Auditor-Controller/Treasure-
Tax Collector's Office or other appropriate accounting firm as designated by the Sheriff.
1001.7 RECORDS RETENTION
All records pertaining to the Incarcerated Persons Welfare Fund will be retained according to the
Sheriff Office's record retention policy which is approved by the Auditor-Controller/Treasurer-Tax
Collector's Office.
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The destruction of any public record must be done in strict compliance with State law and only
after authorization by resolution of the Board of Supervisors. Under Government Code Section
26202, the Board of Supervisors may authorize the destruction of any record which is older than
the required retention period if they determine by a four-fifths vote that the retention of such record
is no longer necessary or required for County purposes.
1001.8 REFERENCE
See the following for further guidance:
INCARCERATED PERSONS WELFARE FUND PROCEDURES
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Policy Fresno County Sheriff's Office
1005 Custody Policy Manual
Exercise and Out-of-Cell Time
1005.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines and procedures ensuring that the Fresno
County Sheriff's Office facilities will have sufficiently scheduled exercise and out-of-cell time
periods and sufficient space for these activities, as required by law.
1005.1.1 DEFINITIONS
Definitions related to this policy include (15 CCR 1006):
Exercise - The opportunity for physical exertion.
Out-of-cell time-Time spent outside of the sleeping area,where an individual has the opportunity
to exercise or participate in recreation.
Recreation - An individual's ability to choose from activities that occupy the attention and offer
the opportunity for relaxation and may include reading, games, socialization, entertainment,
education, and programs.
1005.2 POLICY
It is the policy of this Office to provide incarcerated persons with access to exercise opportunities,
exercise equipment, and out-of-cell time activities in accordance with state laws or requirements.
1005.3 RESPONSIBILITIES
The Jail Operations Bureau Commander or the authorized designee shall be responsible for
ensuring there is sufficient secure space allocated for physical exercise and out-of-cell time. The
Administration and Programs Bureau Commander or designee will be responsible for ensuring
that a schedule is developed to ensure accessibility to both activities for all incarcerated persons.
At least three hours per week of exercise opportunities shall be provided and at least seven hours
of out-of-cell time distributed over a period of seven days for recreation (15 CCR 1065).
1005.4 ACCESS TO EXERCISE
Incarcerated persons shall have access to exercise opportunities and equipment, including access
to physical exercise outside the cell and adjacent dayroom areas, and the opportunity to exercise in
fresh air or outdoors when weather permits, depending on the facility.An exercise schedule will be
maintained and participation or refusal shall be documented. Documentation shall be maintained
in accordance with established records retention schedules.
1005.5 ACCESS TO OUT-OF-CELL TIME
Each incarcerated person shall have access to the minimum state-required out-of-cell time
(leisure-time) activities outside the cell and adjacent dayroom areas (15 CCR 1065). The length
of time will be determined by the incarcerated person's classification status, security concerns,
and operational schedules that preclude out-of-cell time during a period of time (e.g., mealtimes,
searches, Iockdown, court). The staff should ensure that the maximum time possible is provided
to the incarcerated persons for this purpose.
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Exercise and Out-of-Cell Time
Televisions, newspapers, table games, and other items may also be made available to enhance
out-of-cell time. Consideration will be given to the passive or active out-of-cell time needs of older
incarcerated persons and incarcerated persons with disabilities.
1005.5.1 USE OF THE INCARCERATED PERSONS WELFARE FUND
Monies derived from the Incarcerated Persons Welfare Fund may be used to purchase and
maintain equipment and supplies.
1005.6 SECURITY AND SUPERVISION
The staff supervising incarcerated persons during exercise and out-of-cell time shall document
when each incarcerated person has the opportunity to exercise or recreate, and when each
incarcerated person actually participates.
Staff shall be responsible for inspecting exercise equipment to ensure it appears safe for use.
Broken equipment or equipment that is in an unsafe condition shall not be used. Incarcerated
persons will not be permitted to use equipment without supervision. All equipment shall be
accounted for before incarcerated persons are returned to their housing unit.
The supervising staff may terminate the exercise or out-of-cell time period and escort back to
the housing unit any incarcerated person who continues to act in an aggressive or disorderly
manner after being ordered to stop by the staff. Whenever an exercise or out-of-cell time period
is involuntarily terminated, the staff will document the incident and rationale for terminating the
exercise period. The Watch Commander will determine whether disciplinary action is warranted.
1005.7 EXERCISE SPACE
Exercise areas, as specified by federal, state, and/or local laws or requirements, should be
sufficient to allow each incarcerated person the required minimum amount of exercise. Use of
outdoor exercise is preferred but weather conditions may require the use of covered/enclosed
space. Dayroom space is not considered exercise space.
Incarcerated persons on separation status shall have access to the same facilities as
other incarcerated persons unless security or safety considerations dictate otherwise. When
incarcerated persons on separation status are excluded from use of regular facilities, the
alternative area for exercise use shall be documented.
1005.8 INABILITY TO MEET REQUIREMENTS
In the event that the incarcerated person population exceeds the ability of the facilities to meet the
exercise and out-of-cell time requirements, the Custody Division should notify the governing body
about the deficiency in space for exercise, that it may violate the law and/or the requirements, and
request funds to remedy the situation. The Custody Division should document all actions taken
to try to remedy the situation, including funding requests, population reduction requests, and all
responses to those requests.
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Exercise and Out-of-Cell Time
1005.9 AIR QUALITY INDEX (AQI) AND HEAT CONSIDERATIONS
Custody staff and incarcerated persons will have access to information concerning air quality and
heat-related disorders. Incarcerated persons will be notified of the daily AQI so that they can make
informed decisions regarding their outdoor activity.
The Office will implement specific procedures to manage exposure of incarcerated persons to
extreme heat and air pollutants, and ensure adequate identification of incarcerated persons at risk
of developing heat-related illness due to prescribed medications.
1005.10 REFERENCE
See the following procedure and attachment for further guidance:
Fresno County Sheriff's Office Custody Procedures Manual: 1005.1 EXERCISE AND OUT-OF-
CELL TIME
See attachment: AQI Chart (1).pdf
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Policy Fresno County Sheriff's Office
1006 Custody Policy Manual
Education, Vocation, and Rehabilitation
1006.1 PURPOSE AND SCOPE
This Office provides educational and vocational programs that are designed to help incarcerated
persons improve personal skills,assist in their social development,and improve employability after
release. The ability of the Office to offer educational programs is dictated by available funding,
incarcerated person classification, and other required incarcerated person programs and routines.
1006.2 POLICY
It is the policy of this Office to provide educational and vocational programs to all eligible
incarcerated persons subject to schedule, space, personnel, and other resource constraints.
1006.3 PROGRAM REQUIREMENTS
Designated space for incarcerated person education and vocational programs will, whenever
practicable, be designed with input from educational/vocational service providers.
Adequate funding is required. If the funding source reduces or eliminates funding in these areas,
educational and/or vocational programs may be reduced or eliminated.
While the housing classification of an incarcerated person has the potential to pose security
issues, every effort, to the extent reasonably practicable, will be made to provide individualized
educational opportunities (15 CCR 1061).
1006.4 PROGRAMS SERGEANT
The Programs Sergeant shall be appointed by the Sheriff or the authorized designee and shall
be responsible for managing all aspects of the educational and vocational program. Those duties
include but are not limited to:
(a) Conducting an annual needs assessment to determine the type of programs needed
to serve the incarcerated person population.
(b) Developing the program plans.
(c) Developing or directing the curricula for each educational, vocational, and testing
component.
(d) Developing and implementing individualized programs for high-risk or administrative
incarcerated persons, as needed.
(e) Coordinating with corrections staff regarding the security issues associated with these
programs.
(f) Developing and maintaining records of all needs assessments, all training offered, all
incarcerated person attendees, testing records, and class evaluations.
(g) Forecasting the annual cost of the program and coordinating with the business office
to secure funding.
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1006.5 COURSE OFFERINGS
Course offerings will be subject to need, available resources, security concerns, available space,
and incarcerated person classification, and may include the following:
(a) Basic education, preparation for a high school equivalency credential
(b) English as a second language (ESL)
(c) Basic literacy
(d) Substance abuse and healthy lifestyles education
(e) Parenting courses
(f) Basic computer instruction
(g) Basic life skills
(h) Vocational skills such as:
(a) Cooking and food services
(b) Landscaping, horticulture
(c) Janitorial skills
(d) Basic commercial laundry skills
(e) Basic office skills
(i) Other courses as deemed appropriate by the Programs Sergeant
1006.6 OUTREACH
Information about educational opportunities should be included in the general incarcerated person
orientation. At a minimum, incarcerated persons should receive instruction on how to request
participation in the incarcerated person education programs, along with eligibility requirements
and rules for participation.
1006.7 ELIGIBILITY REQUIREMENTS
Educational/vocational programming (other than televised courses) may be offered to sentenced
and pretrial persons. The Sheriff shall ensure that there is equal opportunity for participation for
incarcerated persons of each gender.
1006.8 INCARCERATED PERSON REQUESTS
Incarcerated persons should be given a form to request participation in the education program.
Incarcerated person requests will be forwarded to the Programs Unit.
The Programs Unit will notify the incarcerated person whether they have been approved for an
education program.
Incarcerated persons may also contact the Programs Unit at any time and request information
regarding educational opportunities by completing and submitting a Request Form.
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Incarcerated persons have the right to refuse to participate in programs other than work
assignments or programs that are required by statute or court order.
Educational reading material and reading material concerning community services and resources
are available by contacting the Jail Programs Unit, via a Request Form.
1006.9 SELF-STUDY PROGRAM
Whenever reasonably feasible, the basic educational program may be presented by self study
tutoring, computer tablet applications, and videotape programming.
Incarcerated persons admitted into the high-school equivalency preparation program will be
issued the necessary books and supplies. Studying will be done throughout the day at scheduled
periods when videotape programming is presented on closed-circuit television.
Upon completion of a GED self-study program, the incarcerated person may be given the
opportunity to take the high school equivalency preparation credential examination.
1006.10 HIGH-SECURITY/ADMINISTRATIVE SEPARATION INCARCERATED PERSONS
To the extent reasonably practicable, high-security incarcerated persons and those held in
administrative separation may receive individual instruction in the form of a correspondence
course.
1006.11 REHABILITATION PROGRAM
The Office provides opportunities for rehabilitation programs that are based upon victim and
community input and are fashioned in a way that gives the incarcerated person an opportunity to
make amends for the harm done.
The Sheriff and the Administration and Programs Bureau Commander should work with other
justice system partners to create such programs and opportunities. Examples include the
following:
• Programs designed to deter domestic violence and substance abuse
• Paying court fines
1006.12 DISCLAIMER
Nothing in this policy is meant to confer a legal right for incarcerated persons to participate in any
educational offering. Educational programming is provided at the sole discretion of the Sheriff and
the Administration and Programs Bureau Commander.
1006.13 CLASSROOM USE AND DESIGN
The demographics of the incarcerated person population should always be considered when
developing educational and other programs. Incarcerated person classification and separation
requirements also need to be considered.
In addition to the traditional classroom approach to educational programming, there are several
other delivery methods. These include independent study and computer education programs.
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1006.14 NEW CONSTRUCTION OR RENOVATION
Whenever construction of new facilities is considered, inclusion of education specialists during
the design phase is recommended to ensure that the needs of education providers are met with
regard to security, sound levels, and educational equipment.
The Administration and Programs Bureau Commander may seek technical assistance from
consultants to school districts that provide education programs in correctional settings. There are
also networks of educators who can provide valuable consulting services in order to keep pace
with rapidly evolving program and legislative issues that are related to education.
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Policy Fresno County Sheriff's Office
1008 Custody Policy Manual
Library Services
1008.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for funding of library services and for providing
incarcerated persons access to leisure and legal reading materials.
1008.2 POLICY
It is the policy of these facilities to operate a library service that provides leisure and legal reading
materials to incarcerated persons.
1008.3 RESPONSIBILITIES
The Administration and Programs Bureau Commander or the authorized designee is responsible
for the administration of the library services and should appoint a capable member to serve
as librarian to run the daily library operations. The library services shall include access via
paper documents or through electronic media to legal reference materials, current information on
community services and resources, and religious, educational, and recreational reading material
(15 CCR 1064).
The librarian shall ensure that reading materials are provided to the general housing units and that
any member assigned to assist with the delivery of library services has received the appropriate
training in facility safety and security practices. The quantity and appropriateness of any materials
distributed by the Programs Unit staff shall be determined by the Administration and Programs
Bureau Commander.
1008.4 LIBRARY FUNDING AND MAINTENANCE
The Administration and Programs Bureau Commander should ensure that funding is available
to operate the library. The Administration and Programs Bureau Commander may use monies
from the Incarcerated Person Welfare Fund to offset the cost of salaries, services, and supplies.
The librarian may enlist the assistance of the local public library system and other community
organizations to maintain and update the library. Donated books and materials should be screened
by the librarian for permissible content and safety prior to being distributed to incarcerated persons.
The Office may reject library materials that may compromise the safety, security, and orderly
operation of the facilities (see the Mail Policy for examples of materials that may be rejected).
The library shall be operated within the physical, budgetary, and security limits of the existing
facilities.
Books and other reading material should be provided in languages that reflect the population of
the facilities.
1008.5 ACCESS TO LIBRARY
Access to the incarcerated person library or to library materials shall be based on incarcerated
person classification, housing location, and other factors that legitimately relate to maintaining the
safety and security of the facilities.
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Incarcerated persons in disciplinary separation shall have the same access to reading materials
and legal materials as the general population unless a restriction is directed by the court.
1008.6 LEISURE LIBRARY MATERIALS
Each incarcerated person is allowed to have no more than five (5) books at any given time.
Incarcerated persons with more than five (5) paperback books in their possession may have the
paperback books confiscated and/or returned to the library service cart. Existing selections must
be returned before new books may be selected by an incarcerated person. Incarcerated persons
who destroy or misuse books and library materials will be subject to disciplinary action and may
be required to pay for the material.
Paperback books are placed on library service carts which are available inside each gymnasium.
An incarcerated person may request to put any personal paperback books in their property if the
amount exceeds the limit allowed.
Religious reading material is available from the Custody Division Religious Services staff, via a
Request Form.
Educational reading material and reading material concerning community services and resources
are available by contacting the Jail Programs Unit, via a Request Form.
1008.7 LEGAL MATERIALS
All incarcerated persons shall have reasonable access to the legal system, which may include
access to legal reference materials. Pro per incarcerated persons shall have priority regarding
access to legal publications.
Legal information that may be provided through the library includes but is not limited to:
• Criminal code sections.
• Copies of criminal and/or civil cases.
• Copies of relevant judicial forms.
Incarcerated persons desiring access to the library or legal publications shall submit a completed
legal information request to the housing correctional officer. Only one request per incarcerated
person per week is allowed unless the incarcerated person is a court-ordered pro per.
The housing correctional officer will collect completed request forms and deliver them to the
librarian. Upon receipt the librarian will log the request and arrange for the incarcerated person to
have access to the legal research publications requested. Records of access to legal materials
and whether the requests were fulfilled or denied should be documented each day and maintained
in the incarcerated person's file in accordance with established records retention schedules.
Pro per incarcerated persons may keep minimal supplies for their case in their cells (e.g., paper,
letters, reference materials), provided they do not create a fire hazard or other safety or security
concern.
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1008.8 ALTERNATE MEANS OF ACCESS TO LEGAL RESOURCES
Nothing in this policy shall confer a right to access a law library. Unless it is specified by court
order, the Sheriff may provide access to legal resources by a variety of means that may include
public or private legal research services (e.g., web-based legal resources).
1008.9 INCARCERATED PERSONS IDENTIFIED AS DISABLED OR ILLITERATE
The ADA Coordinator will coordinate with Jail Programs staff to ensure reasonable
accommodations are made for incarcerated persons who are illiterate or who are physically
incapable of reading,which may include, but is not limited to, enlarged print materials, identification
of desired materials, and assistance in reading and scribing forms. All staff members shall assist
in completing request forms if such an incarcerated person requests assistance.
An audio headset and assortment of audio tapes, including an incarcerated person orientation
recording as well as recreational reading tapes, are available from the Jail Programs Unit. A
designated staff member will provide the incarcerated person with the audio tape equipment,
inform them of the resources available, and explain the process by which the incarcerated person
can access the resources.
Jail Programs staff will assist in procuring reading materials for non-English and non-Spanish
speaking incarcerated persons.
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Policy Fresno County Sheriff's Office
1011 Custody Policy Manual
Visitation
1011.1 PURPOSE AND SCOPE
The purpose of this policy is to establish rules for personal and professional visitation and to
provide a process for incarcerated person visits and visitors. Visitation is a privilege and is based
on space availability, schedules, and staffing.
1011.1.1 DEFINITIONS
Definitions related to this policy include (Penal Code § 4032):
Contact Interview - Communication between an incarcerated person and an individual with no
physical barriers.
Defense Experts -A person with special skills or knowledge representing mastery of a particular
subject who is assisting in the preparation of an incarcerated person's legal defense.
Exclusion - An administrative action by a Bureau Commander to bar, for cause, a person from
entering a facility of the Sheriffs Office,when in the normal conduct of business,that person would
otherwise be permitted to enter.
In-person visit-An on-site visit that may include barriers. In-person visits include interactions in
which an incarcerated person has physical contact with a visitor, the incarcerated person is able
to see a visitor through a barrier, or the incarcerated person is otherwise in a room with a visitor
without physical contact. "In-person visit" does not include an interaction between an incarcerated
person and a visitor through the use of an on-site two-way audio/video terminal.
Non-Contact Interviews-Communication between an incarcerated person and an individual with
physical barriers in place preventing physical contact.
Process Server - Person authorized by law (e.g., the Sheriff) to serve process papers on
defendants.
Professional Visitor - A person who provides a professional service to an incarcerated person
(e.g., attorneys, social workers, law enforcement officials, and other authorized professionals).
Social Service Agency - Philanthropic agencies, intended to promote social well-being. Such
agencies include, but are not limited to, staff from the Department of Social Services, Salvation
Army, Fresno Rescue Mission, Spirit of Women, WestCare, and county and state Health
Department investigators.
Video visitation- Interaction between an incarcerated person and a member of the public through
the means of an audio-visual communication device when the member of the public is located at
a local detention facility or at a remote location.
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1011.2 POLICY
It is the policy of the Fresno County Sheriff's Office to allow incarcerated person visitation, including
video visitation when applicable, as required by law. All personal visits shall be non-contact visits.
Incarcerated persons shall not be allowed to visit other incarcerated persons while in custody.
1011.3 PROCEDURES
The Office shall provide adequate facilities for visiting that include appropriate space for the
screening and searching of incarcerated persons and visitors and storage of visitors' personal
belongings that are not allowed in the visiting area.
The Jail Operations Bureau Commander shall develop written procedures for incarcerated person
visiting. They shall provide for as many visits and visitors as facility schedules, space, and number
of personnel will reasonably allow, with no fewer than the opportunity to have two 30-minute visits
totaling at least one hour, as specified by 15 CCR 1062 per week. The procedures are subject to
safety and security requirements and should consider:
• The facility schedules.
• The space available to accommodate visitors.
• Whether an emergency or other conditions justify a limitation in visiting privileges.
• Video visitation if applicable (Penal Code § 4032; 15 CCR 1062).
The visiting area shall accommodate incarcerated persons and visitors with disabilities. Visitors
with disabilities who request special accommodations shall be referred to a supervisor.
Reasonable accommodations will be granted to incarcerated persons and disabled visitors to
facilitate a visitation period.
Visitor records shall be developed and maintained in accordance with established records
retention schedules.
Court orders granting a special incarcerated person visitation are subject to county legal review
and interpretation.
1011.3.1 MEDICAL AND DISABILITY-RELATED ASSISTIVE DEVICES USED BY VISITORS
(a) Medical and disability-related assistive devices needed by visitors are permitted inside
the Jail facilities, however, they are subject to inspection and search. Visitors who
require reasonable accommodation will be asked to notify the ADA Coordinator or
on-duty Watch Commander of their needs prior to visiting. Visitors using assistance
devices will be provided reasonable accommodation to comply with all security
measures. They may be screened using alternative security devices, including use of
a hand-held metal detector.
(b) Service animals may accompany a visitor into a facility during their visit.
1. Visitors may be asked two questions: (1) is the dog a service animal required
because of a disability, and (2) what work or task the dog has been trained
to perform. Staff cannot ask about the person's disability, require medical
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documentation, require a special identification card ortraining documentation for
the dog, or ask that the dog demonstrate its ability to perform the work or task.
2. A visitor with a disability cannot be asked to remove their service animal unless:
• The animal is out of control and the animal's owner does not take effective
action to control the animal.
• The animal is not housebroken.
3. A service animal shall be under the control of its handler. A service animal
shall have a harness, leash, or other tether, unless either the handler is unable
because of a disability to use a harness, leash, or other tether, or the use of
a harness, leash, or other tether would interfere with the service animal's safe,
effective performance of work or tasks, in which case the service animal must
be otherwise under the handler's control (e.g., voice control, signals, or other
effective means).
1011.3.2 VISITOR REGISTRATION AND IDENTIFICATION
All visitors must register and produce a valid identification.Adult personal visitors must be listed on
the incarcerated person's visiting list. Each incarcerated person may have up to 5 visitors listed.
Identification will be considered valid for 90 days after expiration, provided the visitor has renewed
the ID and has proof of the renewal.
1. The registration must include the visitor's name, address, and the relationship to the
incarcerated person.
2. A valid identification shall include the following:
(a) A photograph of the person
(b) A physical description of the person
3. Acceptable forms of identification are limited to:
(a) DMV or other state-issued Driver's License or Identification Card
(b) United States Armed Forces identification card
(c) Passport
(d) Foreign consulate identification card (e.g., Matricula Consular de altaSeguridad
(MCAS) issued by the Mexican Consulate).
(e) Identification card issued by the United States Department of Justice or the
U.S. Citizenship & Immigration Services (includes Permanent Resident Cards—
formerly known as Alien Registration or"Green" Card).
4. A professional visitor shall present proof of professional capacity. For example,
attorney license/Supreme Court card, law enforcement identification, or a business
card/letterhead of the business with the visitor's name.
Failure or refusal to provide a valid identification is reason to deny a visit.
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1011.3.3 VIDEO VISITATION NOT TO REPLACE IN-PERSON VISITATION
The Office may not substitute video visitation for in-person visitation to meet the requirements of
15 CCR 1062.
1011.4 AUTHORIZATION TO SEARCH VISITORS
Individuals who enter the secure perimeter of these facilities are subject to search if there is
reasonable cause to believe the visitor has violated the law, is wanted by a law enforcement
agency, or is attempting to bring contraband onto a facility property or into a facility. All searches
shall be made in accordance with current legal statutes and case law.
All visiting areas are equipped with a metal detector, and all visitors must pass through the metal
detector prior to entrance into the facility. Processing may require the removal of shoes, jackets,
sweaters, suspenders, belts, jewelry, or other accessories for closer inspection or separate
processing.
The area designated for a visitor to be searched prior to visiting with an incarcerated person shall
have a notice posted indicating that any cellular telephone,wireless communication device, or any
component thereof shall be confiscated for the period of the visitation and returned to the visitor
upon departure from the facility (Penal Code § 4576(b)(3)).
1011.5 VISITING SCHEDULE
The Jail Operations Bureau Commander shall designate a person to develop a schedule for
incarcerated person visitation that includes daytime, evening, and weekend hours.
The visiting week begins on Saturday and ends on Friday. The visitation schedule shall be posted
in the housing areas and in each facility lobby. Visiting will be conducted according to schedule,
between the hours of 8:00 a.m. and 10:00 p.m.,with the last visits beginning no Iaterthan 9:15 p.m.
Exceptions to the normal visiting hours may be granted by the Watch Commander. The visiting
schedule is also available via the Fresno County Sheriff's website.
Incarcerated people will be allowed two (2) 30-minute personal visits each week, totaling one
hour per week. They may receive a single one-hour visit each week which may be granted at the
discretion of the officer overseeing the visiting area, based upon the volume of visiting.
Pod and Floor Incarcerated workers will be eligible for one (1)additional 30-minute visit, for a total
of three (3) 30-minute visits. Laundry and outside/facility Incarcerated workers will be eligible for
two (2) additional 30-minute visits, for a total of four (4) 30-minute visits each week.
Incarcerated people are responsible for notifying their visitors of the times of their scheduled daily
activities (e.g., gym and yard)so that their visitors may visit at other times. Individuals who are out
of their housing units at activities will not be removed from the activity for a personal visit. Visitors
who attempt to visit an incarcerated person who is out of their cell at an activity will be advised
that the individual is not available to visit and offered the opportunity to wait.
Incarcerated people who miss a scheduled activity while they are at a visit will not be afforded the
opportunity to "make up" the missed attendance.
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1011.6 DENIAL OR TERMINATION OF VISITING PRIVILEGES
The Jail Operations Bureau Commander or the authorized designee is responsible for defining, in
writing, the conditions under which visits may be denied. An incarcerated person may have their
ability to visit restricted or suspended only under the following circumstances:
(a) Temporarily with approval of the Watch Commander
(b) 24-hour Lockdown
(c) As a punitive action for rule violations
(d) Administrative Action
Visitation may be denied or terminated by a supervisor if the visitor poses a danger to the security
of the facility or there is other good cause (15 CCR 1062). Danger to the security of the facility or
other good cause includes but is not limited to the following:
(a) The visitor appears to be under the influence of drugs and/or alcoholic beverages.
(b) The visitor refuses to submit to being searched.
(c) The visitor or incarcerated person violates facility rules or posted visiting rules.
(d) The visitor fails to supervise and maintain control of any minors accompanying the
visitor into the facility.
(e) Visitors attempting to enter this facility with contraband will be denied a visit and may
face criminal charges.
Any person found to have a cell phone in their possession will be banned from visiting for ninety
(90) days. A subsequent violation may result in criminal prosecution and permanent expulsion.
Visitors not approved for a visit or having a visit terminated will be told the reason for the denial/
termination of the visit. Requests to appeal the denial or termination will be directed to the
supervisor.
Any visitation that is denied or terminated early, on the reasonable grounds that the visit may
endanger the security of the facility, shall have the actions and reasons documented in an incident
report. The supervisor may suspend the visiting privileges of an individual member of the public
for up to ninety (90) days. Violations deemed serious or criminal in nature may be referred to
the on-duty Watch Commander. Visitors may appeal a ban on visiting privileges in writing to the
Jail Operations Bureau Commander. All decisions on visiting appeals are final. A copy of the
documentation will be placed into the incarcerated person's file and another copy will be forwarded
to the Jail Operations Bureau Commander (15 CCR 1062).
1011.7 GENERAL VISITATION RULES
All visitors and incarcerated persons will be required to observe the following general rules during
visitation:
(a) A maximum of two adults (or one adult and one child) will be permitted to visit
an incarcerated person at any one time. Visitors under 18 years of age must be
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accompanied by an adult visitor. Adults must control minors while they are waiting to
visit and during the visit.
1. A minor legal spouse of an incarcerated person may visit the individual as an
adult if they present a certified copy of the marriage certificate.
2. An emancipated minor may visit as an adult but must provide a certified copy of
the court order granting emancipation.
(b) An incarcerated person may refuse to visit with a particular individual.
(c) Those incarcerated persons who are named as the restrained person in any
restraining or other valid court order shall not be allowed visits from persons who are
protected by the order.
(d) Visitors must be appropriately attired prior to entry into the visitor's area of the jail.
See Addendum H.
1. Inappropriate clothing, such as transparent clothing, halter-tops, excessively
tight or revealing clothing, hats and bandanas, or any other clothes associated
with a criminal gang or otherwise deemed by the staff to be unacceptable, will
not be permitted.
2. All visitors must have footwear.
(e) Visitors will leave all personal items outside of the secure area, with the exception of:
1. Keys
2. Identification
3. Sunglasses
4. One blanket, diaper, wipes, bottle, and pacifier may be brought with an infant.
5. One toy (for a child). It may not be motorized, electrical, or a weapon facsimile
(e.g., knife, gun, grenade, etc.).
(f) Visitors who enter the jail with handbags, packages, or other personal items will be
instructed to lock the items in a vehicle or locker or return at another time without the
items. The jail is not responsible for lost or stolen items.
(g) Food or drink is not permitted in the visiting area.
(h) Visitors who do not abide by the visiting rules or who are rude, disruptive, or
disrespectful to staff may be subject to having their ability to visit denied, terminated,
or suspended.
(i) Incarcerated people and visitors shall not sit on the visiting table.
Q) Incarcerated people and visitors shall not undress or expose body parts (or encourage
others to do so). Although nursing mothers have the right to breastfeed in public, they
are expected to use discretion in opting to breastfeed their infants in the visiting areas.
If the breastfeeding is conducted in a manner that is disruptive to other incarcerated
people or visitors, the supervisor shall be notified to tactfully address the situation.
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(k) Incarcerated persons may be permitted to sign legal documents, vehicle release
forms, or any other items, except for the serving of legal papers, authorized by the
Watch Commander. Transactions of this nature will not constitute a regular visit.
1011.7.1 VISITING RESTRICTIONS WITH MINORS
(a) When an incarcerated person is sentenced to prison for violation of Penal Code
Section 261, 264.1, 266c, 285, 286, 287, 288, 288.5 or 289, or former Section 288a,
and the victim is a child under the age of 18 years, visitation with the child victim shall
be prohibited (except as authorized by an order of the juvenile court pursuant to W&I
Code 362.6). The restriction applies only to the victim(s).
(b) When an incarcerated person has been arrested, but not convicted, of any crime
involving a minor victim, the incarcerated person's visiting status shall remain
unrestricted.
1011.8 SPECIAL VISITS
The Watch Commander may authorize special visitation privileges, taking into consideration the
following factors:
(a) Excessive Distance: The visitor has traveled a distance of 100 miles or more, and is
unaware of the visiting schedule or process(e.g., has not visited before).The individual
must be able to provide proper identification showing an out-of-town address. This
provision is to be used on an exception basis only. The accommodation should be
noted on the incarcerated person's visitor list.
(b) Disabled: A disabled visitor who must rely on special transportation to the facility (and
is unable to be transported during the scheduled visiting hours).
(c) Family Emergencies: When death, serious illness or injury occurs to an incarcerated
person's immediate family. Clergy or another individual may visit the incarcerated
person to inform them of the occurrence.
(d) Social workers bringing in an incarcerated person's minor child to visit. The visit shall
be documented as a non-contact visit and not counted as a regular visit.
(e) A list of pre-approved local clergy members is maintained in SharePoint. These
individuals will NOT have Jail identification cards but are allowed to perform an
unlimited number of non-contact personal visits with incarcerated people. Such visits
shall be restricted to thirty (30) minutes and scheduled as a non-contact interview
event.
Whenever a special visit is denied, it shall be documented by the Watch Commander. The entry
will include the requesting visitor's name and the reason why the visit was denied.
1011.9 HOSPITAL VISITS
(a) Generally, hospitalized incarcerated people will not be allowed to have personal visits.
Exceptions may only be granted with the approval of the Watch Commander.
(b) Visits may be arranged for those incarcerated people who experience hospital stays in
excess of seven (7)days duration, have given birth, orforthose having life-threatening
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or critical injuries or illnesses. Visits are restricted to immediate family members.
Exceptions are subject to the approval of the Watch Commander.
(c) Pregnant incarcerated people may request to have a support person present during
labor and childbirth. The approval for the support person will be made on a case-by-
case review by the Compliance Lieutenant (or on-duty Watch Commander in cases
of emergency).
(d) Incarcerated people admitted to a clinical treatment facility for psychiatric treatment
or evaluation are afforded additional rights that cannot be taken away without "good
cause." Psychiatric patients have the right to see visitors each day in accordance with
the psychiatric facility's visiting policy.
1011.10 MEDIA ACCESS TO INCARCERATED PEOPLE
News media representatives have no greater right of access to detention facilities or incarcerated
people than any other member of the public. A visit by news media personnel shall be considered
a social visit, not a professional visit.
1011.11 PROFESSIONAL VISITS
1011.11.1 FACILITY ACCESS REQUEST
(a) All persons seeking approval for admission into the Jail facilities shall complete an
Application for Authorization to Enter the Fresno County Detention Facility(J-154)form
to include personal information, job duties, the reason necessary for Jail clearance,
and an admonishment that the person agrees to an investigation into their background.
Applicants must:
1. Agree and submit to fingerprinting for the purpose of obtaining a criminal history
check unless applying for a Red pass. Red Jail identification card applicants are
exempt from fingerprinting.
2. Agree to have their photograph taken for purposes of producing an identification
card and reference database file.
3. Pay the fingerprint and background processing fees. The fees are non-
refundable and will not be returned if the application is denied. (Fingerprinting
is not required for those applying for a Red Jail identification card, therefore no
fee will be expected.)
(b) With the exception of medical and mental health staff, all applicants are required
to submit a letter from their employer with their application, to include the name,
signature, and telephone number of their immediate supervisor. The staff member
assigned to process identification cards shall be responsible to verify the authenticity
of the employer's letter.
(c) Licensed private investigators and self-employed owners of businesses must furnish
a copy of their current license at the time of their application. The copy of the license
shall be retained on file with the application.
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(d) When a Defense Expert needs consultation accommodations in order to assist in
the preparation of an incarcerated person's legal defense, the person's attorney shall
contact the Watch Commander in advance by letter.
(e) All applicants shall be approved prior to their entrance into a facility.
(f) Individuals approved for Jail clearance from select groups (e.g., medical staff, mental
health staff, food services staff, program facilitators, volunteers, work crew leaders)
shall be required to attend a mandatory "Non-sworn Personnel Security Orientation
and Training" class prior to their admittance into any Jail facility. The orientation shall
include a discussion of the facility/incarcerated person rules pertaining to contact,
contraband, and security.
(g) If any attorney or other individual presents a court order to any correctional officer
which orders someone access into any Jail facility, and there is no prior Watch
Commander or Bureau Commander approval for their admittance, the officer shall
advise the individual that there is a standing order not to follow such orders, on the
advice of County Counsel. The staff member shall contact the Watch Commander for
direction.
(h) Psychiatrists and psychologists appointed by the court who are ordered to conduct
psychiatric or psychological testing on behalf of the court shall present a copy of the
court order and show proper identification. A letter from the incarcerated person's
attorney is not required. [This differs from the previously discussed court order in that
this court order is being performed at the behest of the court, not another individual
(e.g., attorney).]
(i) Any person (including any attorney, peace officer,or probation officer)who is approved
to conduct contact interviews with incarcerated people and who is later found not
to meet the criteria under any of the above listed reasons, is subject to have their
interview privileges restricted or revoked by the Jail Operations Bureau Commander.
Q) The appeals process available to persons who have had their access revoked or
restricted is described below.
1011.11.2 THE APPROVAL PROCESS
(a) Each application shall be reviewed by either the Jail Operations Bureau Commander
or designee for recommendation for approval or disapproval. They will also
recommend the appropriate level of contact the person shall receive.
(b) Should an individual be disapproved or have their access restricted, they and/or their
employer shall be notified in writing of the disapproval, the reasons for the disapproval
or restriction, (including, if applicable, all criminal history information), and notification
of their right to appeal.
1011.11.3 THE APPEAL PROCESS
(a) If an applicant is disapproved or has their access permanently or temporarily restricted
and they wish to appeal the finding,they or their employer may respond in writing to the
Jail Operations Bureau Commander within five(5)working days.The written response
shall include reasons for the appeal and any documentation in support of the appeal.
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(b) If an appeal is filed, the Jail Operations Bureau Commander may meet with the
applicant, and if appropriate, the applicant's employer.
(c) The Jail Operations Bureau Commander will consider the appeals and any
documentation provided concerning the approval, restriction, or appeal. The review
shall be completed within twenty (20) working days following receipt of the written
appeal and/or the meeting. The written notice of the results of the appeal will be mailed
to the appellant.
(d) Should an applicant be disapproved or have their access permanently or temporarily
restricted and that action is sustained by the Jail Operations Bureau Commander after
their appeal, the applicant may feel that surrounding circumstances mitigating the
basis for their disapproval have changed. In such cases, the applicant may present
such changed or mitigating circumstances to the Sheriff for his/her consideration. The
applicant's reasons shall be in writing.
(e) In addition, the applicant may request to meet personally with the Sheriff to discuss
their application. Upon review of the circumstances, the Sheriff may, at his/her
discretion, determine that the applicant be approved or that the restriction remain in
place.
1011.11.4 LEVELS OF CONTACT AND ACCESS
(a) Professional visitors who are allowed facility and incarcerated person access without
being subjected to the background screening process include, but are not limited to:
peace officers,federal investigators, and attorneys.A full listing of persons who do not
require background screening can be found in Addendum A - Own ID.
1. Consular officials and persons classified as "law enforcement" or "peace
officers" are required to display either their departmental identification or a Jail
Visitor's Pass in a conspicuous place while inside the facility.
2. Attorneys must provide positive proof of identity(i.e., photo ID)and current active
registry with the State Bar Association (i.e., a bar card) in order to interview an
incarcerated person. A Visitor's Pass will be exchanged for their photographic
identification card, which must be worn in a conspicuous place while inside the
facility.
(b) Professional visitors who are issued GREEN Jail identification cards are permitted
contact interviews. This category includes County and contract service personnel
(e.g., medical staff, chaplains, JPS, etc.). A full listing can be found in Addendum B.
(c) Employees from organizations that have been contracted to provide services for
the incarcerated people, and employees of public, private or government agencies
who require incarcerated person access to perform their duties are issued YELLOW
Jail identification cards. Persons in this category are allowed direct contact with the
incarcerated people in designated program and interview areas within the Detention
Facilities. They are NOT allowed access to the housing units. This category includes
Public Defender Investigators, U.S. Pre-Trial Services Officers, paralegals, and
licensed private investigators. A full listing can be found in Addendum C.
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(d) Professional visitors who are issued PINK Jail identification cards are NOT
permitted contact interviews unless they are accompanying another person with
incarcerated person contact clearance (e.g., the incarcerated person's attorney, a
doctor performing court ordered evaluations, a correctional officer, etc.). If they are not
accompanied by another person with incarcerated person contact clearance, they are
restricted to interviewing in the non-contact interview areas. This category includes:
law students, interpreters, clerks, unlicensed investigators, process servers (who are
not employed by the Sheriff or the District Attorney) and notaries. A full listing can be
found in Addendum D.
(e) Program facilitators and educators who meet with incarcerated people in group
settings are issued GRAY Jail identification cards. Such persons must have a bona
fide reason for entering the facility and are prohibited from communicating with
incarcerated people at times other than those designated for meetings. (Refer to
Addendum E.)
(f) Religious and AA/NA volunteers who meet with incarcerated people in group settings
are also issued GRAY Jail identification cards. However, these persons may provide
additional non-contact AA/NA sponsor or pastoral care visits. Individual visits shall be
limited to thirty-minutes and be documented via OffenderTrak.
1. An INTERVIEW event shall be initiated for all non-contact interviews.
2. The full name of the volunteer and their affiliation shall be noted in the
DESCRIPTION field.
(g) Social service agency employees are issued RED Jail identification cards. Their
interviews are limited to non-contact interview areas. Exceptions to the non-contact
policy may be made for select individuals whose particular duties require physical
contact with incarcerated people. Exceptions will be minimal and the numbers of
interviewers who are allowed contact will be determined by the Jail Operations Bureau
Commander. (Refer to Addendum F.)
(h) On-duty, uniformed contract workers and repairmen whose access is restricted to
the Main Jail 2nd floor (i.e., administrative and medical areas) are not issued Jail
identification cards. Their professional identification shall be verified by the officer
who allows them entry into the facility. This category includes U.S. Postal Carriers,
equipment repairmen and medical suppliers. (Refer to Addendum G.)
(i) Prospective employees and visitors must exchange their personal identification for a
Jail Visitor's pass.
Q) The ORANGE colored identification badges issued to persons for entry into the
courthouse are NOT acceptable clearance for entry into the Jail facilities.
1011.11.5 PROPER IDENTIFICATION
(a) Any allowable form of identification which does not contain a picture of the individual
seeking admission (i.e., bar card, police badge) shall require a verification of
the individual's identification by the presentation of some other form of pictured
identification.
(b) Acceptable forms of identification are limited to those listed above in 1011.3.2 (c).
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(c) Persons who do not possess proper identification who insist upon being allowed entry
shall be promptly referred to a supervisor. If the supervisor is not able to resolve the
problem, a Watch Commander shall be notified for resolution of the situation.
(d) All forms of identification (e.g., Jail-issued identification card, Jail Visitor's pass, or
other accepted identification card or badge) must be worn in a conspicuous place
while inside the facility.
1011.11.6 FACILITY ACCESS
(a) All professional visitors not employed by the Sheriffs Office are required to enter and
leave the Jail through the facility lobbies.
(b) All County and contract service providers (e.g., commissary and food services)
are required to enter and leave the Jail through the facility lobbies or through the
designated staff entrances (e.g., the back entrances into the North and Main Jails).
1. No other entrances shall be utilized. This precludes the use of the bailiff
entrance,the South Annex'M'Street Visitor's entrance,the maintenance loading
dock, or any secured emergency door.
2. The only exception shall be made for Building Maintenance personnel when
working in an assigned area, or when entering or exiting the South Annex
Maintenance shop.
(c) The tunnels shall not be utilized by Jail identification card holders to move between
Jail facilities, with the exception of individuals who possess either a GREEN or GRAY
Jail identification card.
1011.11.7 FACILITY RULES FOR PROFESSIONAL VISITORS
(a) Any violation of the following rules may subject the interviewer's access to be
immediately terminated and their future access to the facility restricted based on the
circumstances. Those who have been disqualified shall only be allowed the privilege
of interviews within the facility with the prior written approval of the Jail Operations
Bureau Commander.
1. Interviews with incarcerated people must be for legitimate purposes. A
professional visitor who has a pre-existing relationship with an incarcerated
person shall be required to utilize the Jail's visiting process in order to contact
them. Professional visitors shall not utilize their access privileges to the Jail for
the purpose of contacting relatives and/or personal acquaintances.
2. It is prohibited to communicate with or interview incarcerated people other than
those for whom contact has been granted.
3. Professional visitors must be dressed appropriately. Visitation will not be
permitted if the visitor is dressed in a manner that violates the visitor's dress
code (refer to Addendum H).
4. Professional visitors may not use their cellular telephones or other personal
electronic devices within the secure areas of the facility, nor allow incarcerated
people to use them.
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5. Unnecessary physical contact with incarcerated people is prohibited.
Professional visitors may offer a handshake as a way of greeting or saying
goodbye to an incarcerated person but shall refrain from kissing, hugging,
holding hands, etc.
6. Professional visitors are restricted to those areas of the facility necessary to
complete their interviews.
7. Professional visitors shall follow the directions of correctional officers at all times.
8. Professional visitors shall show respect to all staff members.
9. Professional visitors shall not provide incarcerated people with anything other
than written or printed legal material that has been previously presented to
correctional staff for inspection.
10. Professional visitors are responsible for the proper care and retention of their
Jail-issued identification cards. The cards shall not be altered in any way. The
loss of the card shall be immediately reported to the Jail Operations Bureau
Commander or their designee.
11. Professional visitors shall not damage or remove any County property from the
facility.
12. Professional visitors shall not institute, aid, or encourage any violation of law or
facility rules by incarcerated people or others who enter the facility.
13. Professional visitors shall not solicit money or favors from correctional officers,
incarcerated people, or their families.
14. Professional visitors shall not aid in the escape or attempted escape of any
incarcerated person from custody.
15. Professional visitors shall not provide weapons or information concerning
weapons to incarcerated people.
16. Professional visitors shall not engage in any activity considered to be a threat to
staff, incarcerated persons, public safety, or institutional security.
17. Professional visitors under the influence of alcoholic beverages, narcotics, or
other drugs, or exhibiting irrational behavior for any reason will not be allowed
to visit or remain on County property.
(b) Non-contact interviewers who require an incarcerated person's signature on legal
material are encouraged to utilize the U.S. Postal Service or the incarcerated person's
attorney for such purposes. Exceptions may be made only with the prior approval of
the Watch Commander.
1011.11.8 ABUSE OF RULES LEADING TO REVOCATION OF ACCESS
(a) All persons covered by this policy are subject to having their access to the Jail facilities
revoked or restricted based upon the results of their background investigation or for
violating any Jail rule or regulation.
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(b) When a Custody Division staff member has reasonable suspicion to believe that a
professional visitor has violated any rules of the institution, they shall bring it to the
attention of a supervisor.
(c) The supervisor may meet with the observing Custody Division staff member and the
professional visitor to determine the accuracy of the allegation and refer their findings
to the Watch Commander.
(d) If the Watch Commander finds sufficient cause to sustain the allegation, the person
may be temporarily barred from access to the facility. The Watch Commander may
order a temporary exclusion pending investigation or verification of information leading
to such conclusions and/or pending an appeals process initiated by the person or their
employer.
(e) The Watch Commander shall prepare a written report of the incident and the reasons
for the allegation and forward a copy to the Jail Operations Bureau Commander.
(f) The Jail Operations Bureau Commander may take administrative action to restrict the
professional visitor from the facility.
1. The term exclusion as used in this section describes an administrative action
by the Jail Operations Bureau Commander to bar, for cause, a person from
entering a facility of the Sheriff's Office,when in the normal conduct of business,
that person would otherwise be permitted to enter. Persons subject to being
barred for cause include but are not limited to an incarcerated person's attorney,
representatives acting on behalf of an attorney, representatives of the news
media, delivery persons, and employees of the Sheriff's Office and other County
component agencies.
2. An order for exclusion from an institution or other facilities of the Sheriff's Office
shall be based upon a determination by the Jail Operations Bureau Commander
on one or more of the following:
• The person's presence in the facility presents a serious threat to security.
• The person is charged with a felony.
• The person is under investigation for a felony committed on facility
property.
• The person's purpose for entering the facility is no longer valid or has been
lawfully terminated.
• The person has committed an act that jeopardizes the life of a person, or
violates the security of the facility.
• The person has participated in sexual activity inside the facility.
(g) If the exclusion order affects an incarcerated person's attorney, an immediate
telephone notification will be made to the Assistant Sheriff.
(h) The accused interviewer shall have five (5) days to respond, in writing, to the Jail
Operations Bureau Commander. The Jail Operations Bureau Commander shall reply
within an additional twenty(20)working days to either affirm or reject the finding of the
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rule violation. In reviewing the allegation(s) and response, the Jail Operations Bureau
Commander may conduct their own investigation.
(i) The right to appeal and the rules to be applied are delineated in Section IV of this
policy.
1011.11.9 LOST, MISPLACED, OR STOLEN IDENTIFICATION CARDS
(a) All persons issued Jail identification cards are responsible for the proper care and
retention of their ID cards.
1. Identification cards shall not be altered in any way.
2. The loss of an identification card shall be immediately reported to the Jail
Operations Bureau Commander or their designee.
(b) In order to facilitate the replacement of a lost, stolen, or misplaced identification card,
a letter from the person's employer is required (including the telephone number and
signature of the supervisor).
1. The office assistant assigned to process identification cards shall be responsible
for verifying the authenticity of the employer's letter (i.e., confirming that the
employee is, in fact, still employed).
2. The letter shall be scanned into the person's database file.
1011.11.10 RENEWAL PROCESS
(a) The Sheriff's Office does not send expiration reminder notices. It is each individual's
responsibility to renew their Jail identification card prior to expiration.
(b) Jail identification cards normally have a two-year expiration date. Prior to the expiration
of the pass, and as part of the renewal process,the individual must submit a new letter
from their employer, confirming their continued employment.
1. The letter shall include the name, signature, and telephone number of the
employer.
2. Self-employed professionals must furnish a copy of their current license at the
time of renewal.
3. A copy of the letter and/or license shall be retained on file with the application.
4. The office assistant assigned to process the applications shall be responsible
for performing a local warrant check prior to renewing the identification card.
(c) If the identification card expired more than six (6) months prior, the applicant must
reapply for a new identification card. A new application must be completed and the
individual must pay a processing fee.
1011.11.11 REVOCATION OF CLEARANCE
(a) It is the employer's responsibility to retrieve the employee's Jail identification card at
the time of employment severance. The employer shall advise the Jail Operations
Bureau Commander in writing of the change in employment, and return the Jail-issued
identification card to the office assistant assigned to process identification cards.
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(b) The office assistant shall be responsible to:
1. Complete a No Longer Interested Form to be forwarded to the Department of
Justice.
2. Transfer the folder to the "Inactive" file.
3. Modify the person's data entry screen.
1011.12 CONSULAR VISITS
The Jail Operations Bureau Commander or the authorized designee should facilitate visitor access
between a detained foreign national and a consular officer when requested by the detainee or
consular officer. Additionally, access should also be facilitated when a consular officer requests
to visit with a detained foreign national in cases where the detainee does not want a visit.
A foreign national should be allowed to visit with a consular officer in a private interview
room. Members should not interfere with, suspend, or cancel official consular visits except in
circumstances where the safety, security, or good order of the jail is compromised.
1011.13 MONITORING VISITS
"Privileged communication" is a conversation that takes place within the context of a protected
relationship. Visits between an incarcerated person and their attorney, religious advisor, or
physician are considered privileged communications and will not be monitored or recorded without
a warrant.
Conversations between incarcerated people and their visitors are not considered to be privileged
communications and may be randomly monitored and recorded.
1011.14 PROCEDURE
See the following procedure for further guidance:
RELIGIOUS PROGRAM PROCEDURES - EMERGENCY CALLS
FOREIGN NATIONALS AND DIPLOMATS
VISITATION PROCEDURES
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Policy Fresno County Sheriff's Office
1012 Custody Policy Manual
Resources for Released Persons
1012.1 PURPOSE AND SCOPE
The purpose of this policy is to establish the process of providing community resource information
to any incarcerated person who is due for release in order to assist with the transition back into
the community.
1012.2 POLICY
It is the policy of this Office that all incarcerated persons, upon request, shall be provided with an
information packet containing community resources prior to their release.
1012.3 COMMUNITY RESOURCES
The information packet with community resources should contain, at a minimum, the contact
information for the following organizations and resources:
• Community health centers
• Employment centers
• Registry office to obtain an identification card
• Substance abuse and mental health providers
• Housing agencies
• Education agencies
Subject to the approval of the Sheriff or the Administration and Programs Bureau Commander,
the staff or community providers may offer classes within the facility that are related to these
community services.
Upon request, the Office will provide the verification needed for a replacement California
identification card, if applicable (Vehicle Code § 14902(g)).
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Policy Fresno County Sheriff's Office
1018 Custody Policy Manual
In-Custody Marriages
1018.1 PURPOSE AND SCOPE
The purpose of this policy is to establish and maintain a procedure for incarcerated people to be
married while in-custody,which maintains facility security, as well as staff and incarcerated people
safety.
1018.2 POLICY
It is the policy of the Fresno County Sheriffs Office Custody Division to permit incarcerated people
to be married while in-custody.
1018.3 PRELIMINARY PROCESSING FOR IN-CUSTODY MARRIAGE
It shall be the responsibility of the person the incarcerated person plans to marry to initiate and
complete the legal process for obtaining a marriage license. As such, marriages between two
incarcerated people are not performed (one individual needs to be out of custody in order to file
all of the necessary paperwork).
The incarcerated person's intended spouse must go to the County Clerk's Office to begin the
marriage application process.
A designated Jail Programs staff member will be responsible to pick up the marriage applications
from the County Clerk's Office.
The Jail Programs Sergeant will review the request to ensure there are no legal restrictions or
legitimate penological reasons that would cause the marriage to be denied (e.g., an existing
restraining order that prevents contact with the intended spouse).The decision will be documented
on a Marriage Request Review form.
If the marriage request involves a pretrial federal incarcerated person, staff shall forward the form
to the U.S. Marshals Service (USMS) to advise of the marriage request and to request USMS
review and recommendation.
If there are no restrictions or conflict (or the conflict is resolved), and the ceremony will not
compromise the safety and security of the facility, staff, or incarcerated people, the marriage
application shall be approved.
The designated Jail Programs staff member will confirm the incarcerated person's identity and
notarize the incarcerated person's signature on the application. The form will then be returned
to the County Clerk's Office and the incarcerated person's intended spouse will be contacted to
complete the process and pay the applicable fee.
1018.4 IN-CUSTODY MARRIAGE CEREMONY
The County Clerk's Office will coordinate with Jail Programs staff and provide the names of
incarcerated people who have completed the marriage application process and are ready to be
married.
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Marriage ceremonies will be scheduled to take place during regular business hours. It is the
responsibility of Jail Programs staff to initiate an Event in OffenderTrak for each incarcerated
person to be married.
Unless otherwise specified, the event will normally be set for Thursday at 0800 hours.
A notation shall be made regarding where to send the incarcerated person.
The performance of the ceremony will be administered by an Jail Programs staff member who
has been deputized by the County Clerk's Office to perform marriage ceremonies.
Only the principal person involved in the ceremony will be allowed to enter the Jail facility and
participate in the ceremony.
(a) An exception shall be made if an interpreter is necessary for translation of the service.
The interpreter may be chosen by the couple and accompany the principal person
into the facility.
(b) "Confidential Marriage Licenses" do not require that a witness be present or sign the
marriage license.
(c) "Public Marriage Licenses" require at least one witness be present at the ceremony.A
Custody Division staff member will serve as the witness and sign the official marriage
license.
All in-custody marriage ceremonies will be non-contact and take place in a facility bond room,
with the incarcerated person confined on the secure side of the room and their marriage partner
on the public side.
(a) Flowers or other ceremonial decorations are not permitted.
(b) Exchanges of rings or other symbolic exchanges are not permitted.
(c) Cameras, audio, or video recording equipment are not permitted.
(d) Only jail clothing is allowed for the incarcerated person getting married.
The participants in the marriage ceremony will be promptly removed from the bond room at the
conclusion of the ceremony. If a visit is desired, regular visiting procedures must be followed.
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