Fresno County Sheriff - Custody Division Policies 3.11.2025_Redacted Fresno County Sheriff's Office
Custody Policy Manual
Table of Contents
Mission. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Philosophy and Goals. . . . . . . . . . . . . . . . . . . . . . 2
Chapter 1 - Role and Authority. . . . . . . . . . . . . . . . . . . . 7
103 - Custody Manual. . . . . . . . . . . . . . . . . . . . . . 8
110 - Post Orders. . . . . . . . . . . . . . . . . . . . . . . 11
Chapter 2 - Organization and Administration. . . . . . . . . . . . . . 12
202 - Supervision of Incarcerated Persons. . . . . . . . . . . . . . . 13
203 - Prohibition on Incarcerated Person Control. . . . . . . . . . . . . 14
204 - Equipment Inventory and Supplies. . . . . . . . . . . . . . . . 15
205 - Tool and Equipment Control. . . . . . . . . . . . . . . . . . 16
206 - Disposition of Evidence. . . . . . . . . . . . . . . . . . . 18
207 - Records and Data Practices. . . . . . . . . . . . . . . . . . 20
209 - Incarcerated Person Records. . . . . . . . . . . . . . . . . . 21
211 - Key and Electronic Access Device Control. . . . . . . . . . . . . 23
215 - Administrative and Supervisory Inspections. . . . . . . . . . . . . 27
217 - Accessibility - Facility and Equipment. . . . . . . . . . . . . . . 30
233 - Equipment Issue. . . . . . . . . . . . . . . . . . . . . . 33
Chapter 3 - Recruitment, Selection, and Planning. . . . . . . . . . . . . 37
301 - Employee Orientation. . . . . . . . . . . . . . . . . . . . 38
304 - Jail Training Officer. . . . . . . . . . . . . . . . . . . . . 39
310 - Prison Rape Elimination Act Training. . . . . . . . . . . . . . . 41
312 - Volunteer Program. . . . . . . . . . . . . . . . . . . . . 43
Chapter 4 - Emergency Planning. . . . . . . . . . . . . . . . . . 48
401 - Emergency Staffing. . . . . . . . . . . . . . . . . . . . . 49
402 - Fire Safety. . . . . . . . . . . . . . . . . . . . . . . . 51
403 - Emergency Power and Communications. . . . . . . . . . . . . . 55
405 - Security Emergency Response and Tactics (SERT) Team. . . . . . . . 57
Chapter 5 - Incarcerated Person Management. . . . . . . . . . . . . . 60
504 - Safety Checks. . . . . . . . . . . . . . . . . . . . . . 61
505 - Special Management Incarcerated Persons. . . . . . . . . . . . . 63
506 - Civil Detainees. . . . . . . . . . . . . . . . . . . . . . 70
508 - Classification. 71
510 - Control of Incarcerated Person Movement. . . . . . . . . . . . . 90
512 - Use of Restraints. . . . . . . . . . . . . . . . . . . . . 92
515 - Canines. . . . . . . . . . . . . . . . . . . . . . . . 98
516 - Reporting In-Custody Deaths. . . . . . . . . . . . . . . . . 107
518 - Transportation of Incarcerated Persons Outside the Secure Facility. . . . . 112
519 - Safety and Sobering Cells. . . . . . . . . . . . . . . . . . 114
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520 - Biological Samples. . . . . . . . . . . . . . . . . . . . . 117
522 - Delayed and Inadvertent Releases. . . . . . . . . . . . . . . 120
527 - Metal Detector Clearance. . . . . . . . . . . . . . . . . . 122
528 - Body Scanner. . . . . . . . . . . . . . . . . . . . . . 126
529 - Lineups. . . . . . . . . . . . . . . . . . . . . . . . 139
533 - Custodial Body-Worn Cameras. . . . . . . . . . . . . . . . . 142
542 - Money Bags. . . . . . . . . . . . . . . . . . . . . . . 150
543 - Contraband Watch. . . . . . . . . . . . . . . . . . . . . 152
Chapter 6 - Incarcerated Person Due Process. . . . . . . . . . . . . . 155
602 - Incarcerated Persons with Disabilities. . . . . . . . . . . . . . . 156
606 - Prison Rape Elimination Act. . . . . . . . . . . . . . . . . . 161
608 - Nondiscrimination. . . . . . . . . . . . . . . . . . . . . 175
609 - Grievances. . . . . . . . . . . . . . . . . . . . . . . 177
610 - Voting. . . . . . . . . . . . . . . . . . . . . . . . . 183
Chapter 7 - Medical-Mental Health. . . . . . . . . . . . . . . . . . 184
700 - Health Care Administrative Meetings and Reports. . . . . . . . . . . 185
701 - Access to Health Care. . . . . . . . . . . . . . . . . . . 189
702 - Non-Emergency Health Care. . . . . . . . . . . . . . . . . 191
703 - Referrals and Coordination of Specialty Care. . . . . . . . . . . . 193
704 - Emergency Health Care Services. . . . . . . . . . . . . . . . 195
705 - Health Care for Pregnant Incarcerated Persons. . . . . . . . . . . 199
707 - Health Authority. . . . . . . . . . . . . . . . . . . . . 204
708 - Health Appraisals. . . . . . . . . . . . . . . . . . . . . 207
709 - Healthy Lifestyle Promotion. . . . . . . . . . . . . . . . . . 209
710 - Transfer Screening. . . . . . . . . . . . . . . . . . . . 210
711 - Medical Screenings. . . . . . . . . . . . . . . . . . . . 212
712 - Mental Health Services. . . . . . . . . . . . . . . . . . . 217
713 - Mental Health Screening. . . . . . . . . . . . . . . . . . . 221
714 - Special Needs Medical Treatment. . . . . . . . . . . . . . . . 223
715 - Communicable Diseases. . . . . . . . . . . . . . . . . . . 227
716 - Aids to Impairment. . . . . . . . . . . . . . . . . . . . . 239
717 - Detoxification and Withdrawal. . . . . . . . . . . . . . . . . 242
718 - Clinical Performance Enhancement. . . . . . . . . . . . . . . 245
719 - Clinical Decisions. . . . . . . . . . . . . . . . . . . . . 247
728 - Continuous Quality Improvement. . . . . . . . . . . . . . . . 249
729 - Informed Consent and Right to Refuse Medical Care. . . . . . . . . . 251
730 - Management of Health Records. . . . . . . . . . . . . . . . 254
731 - Incarcerated Person Health Care Communication. . . . . . . . . . . 259
732 - Forensic Evidence. . . . . . . . . . . . . . . . . . . . . 261
735 - Release Planning. . . . . . . . . . . . . . . . . . . . . 262
736 - Privacy of Care. . . . . . . . . . . . . . . . . . . . . . 264
Chapter 10 - Programs for Incarcerated Persons. . . . . . . . . . . . . 265
1000 - Programs and Services. . . . . . . . . . . . . . . . . . . 266
1001 - Incarcerated Persons Welfare Fund. . . . . . . . . . . . . . . 268
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1003 - Counseling Services. . . . . . . . . . . . . . . . . . . . 272
1005 - Exercise and Out-of-Cell Time. . . . . . . . . . . . . . . . 273
1006 - Education, Vocation, and Rehabilitation. . . . . . . . . . . . . . 276
1008 - Library Services. . . . . . . . . . . . . . . . . . . . . 280
1011 - Visitation. . . . . 283
1012 - Resources for Released Persons. . . . . . . . . . . . . . . . 299
1018 - In-Custody Marriages. . . . . . . . . . . . . . . . . . . 300
1020 - Legal Research Access. . . . . . . . . . . . . . . . . . . 302
1022 - Electronic Tablet and Kiosk Program. . . . . . . . . . . . . . 307
Attachments. . . . . . . . . . . . . . . . . . . . . . . . . 310
AQI Chart (1).pdf. . . . . 311
Classification Addendum B - Severity of Offense Scale.pdf. . . . . . . . . . 312
Canines - Equipment Issue - Addendum A.pdf. . . . . . . . . . . . . . 313
Classification Addendum G- Reassessment-Review Chart.pdf. . . . . . . . . 314
Classification Addendum J - Definitions.pdf. . . . . . . . . . . . . . . 315
Classification Addendum Y - Housing Assignments.pdf. . . . . . . . . . . 316
PREA Addendum B - Flowchart.pdf. . . . . . . . . . . . . . . . . 317
PREA Addendum A - Sexual Assault Victim Assistance Checklist.pdf. . . . . . 318
Visitation Policy - Passes - Addendum G - Limited.pdf. . . . . . . . . . . 319
Visitation Policy - Passes - Addendum C - Yellow.pdf. . . . . . . . . . . 320
Visitation Policy - Addendum H - Dress Code.pdf. . . . . . . . . . . . . 321
528 Body Scanner Policy - Addendum A.pdf. . . . . . . . . . . . . . 322
Visitation Policy - Passes - Addendum B - Green.pdf. . . . . . . . . . . 323
Visitation Policy - Passes - Addendum C - Blue.pdf. . . . . . . . . . . . 324
Visitation Policy - Passes - Addendum D - Pink.pdf. . . . . . . . . . . . 325
Visitation Policy - Passes - Addendum A - Own ID.pdf. . . . . . . . . . . 326
Visitation Policy - Passes - Addendum F - Red.pdf. . . . . . . . . . . . 327
PREA Addendum D2 - Contractor.pdf. . . . . . . . . . . . . . . . 328
PREA Addendum D3 - Employee.pdf. . . . . . . . . . . . . . . . . 329
PREA Addendum D1 - Volunteer.pdf. . . . . . . . . . . . . . . . . 330
Classification Addendum H - Custody Reassessment Scale.pdf. . . . . . . . 331
Classification Addendum X - Question naire.pdf. . . . . . . . . . . . . 332
Classification Addendum E2 - ADA Housing Units.pdf. . . . . . . . . . . 333
Classification Addendum D -Administrative Separation Placement-Transfer Notice.pdf. 334
402 - Fire Safety Policy Addendum - Fire Hoses and Dry Standpipes.pdf. . . . . 335
402 - Fire Safety Policy Addendum - Fire Alarm Pulls.pdf. . . . . . . . . . 336
402 - Fire Safety Policy Addendum - Fire Extinguishers.pdf. . . . . . . . . 337
Classification Addendum C - Severity of Institutional Behavior- RV Initial Assessment and
Reassessment.pdf. . . . . . . . . . . . . . . . . . . . . . . 338
Classification Addendum F - Reclassification Form.pdf. . . . . . . . . . . 339
Classification Addendum E1 - ADA Accessible Location Chart.pdf. . . . . . . 340
PREA Addendum C2 - Sexual Assault Poster - Espanol 2015.pdf. . . . . . . . 341
PREA Addendum C3 - Sexual Assault Poster - Hmong 2015.pdf. . . . . . . . 342
PREA Addendum C1 - Sexual Assault Poster - English 2025.pdf. . . . . . . . 343
PREA Addendum E - Vulnerability Assessment form.pdf. . . . . . . . . . 344
Classification Addendum I - Notification of Classification Review.pdf. . . . . . . 345
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Classification Addendum A - Initial Custody Assessment Scale.pdf. . . . . . . 346
Visitation Policy - Passes - Addendum E - Gray.pdf. . . . . . . . . . . . 347
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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.
The Office's policies and procedures shall be revised, as necessary, to reflect all of the health
care remedial measures described in the Remedial Plan, and the Office shall deliver healthcare
pursuant to these revised policies and procedurest.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.D.16.
It is the policy of the Fresno County Sheriffs Office Custody Division to develop, implement, and
update policies, procedures, and post orders as necessary to comply with the Remedial Plan
and Consent Decree. The Sheriff's Office shall address deficiencies identified through quality
assurance reviews and implement corrective actions as needed. t.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), IV.I.1.,3.
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.
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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).
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.
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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.
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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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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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.
It is the policy of this Office to maintain adequate staffing levels to ensure incarcerated person
safety and comply with the Remedial Plant.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), IV.A.1-2.
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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Policy Fresno County Sheriff's Office
206 Custody Policy Manual
Disposition of Evidence
206.1 PURPOSE AND SCOPE
The purpose of this policy is to provide direction regarding the proper handling and disposition of
contraband and evidence to ensure that the chain of custody is maintained so that evidence is
admissible in a court of law or disciplinary hearing.
206.2 POLICY
It is the policy of the Fresno County Sheriffs Office to seize evidence and contraband in
accordance with current constitutional and search-and-seizure law. Members of this Office shall
properly handle all contraband and evidence in order to maintain its admissibility. All contraband
and evidence shall be handled in a safe manner and in a way that will maintain the chain of custody.
206.3 INITIAL SEIZURE OF EVIDENCE/CONTRABAND
Any staff member who first comes into possession of any evidence should retain such evidence
in their possession until it is properly stored in an evidence locker. When handling potentially
dangerous evidence and contraband, staff should observe the following safety precautions:
(a) Unload any firearm located in the approved loading/unloading area.
(b) Sheath any knife or other stabbing instrument in its holster (if any), or attach (tape)
stiff cardboard to completely cover the blade.
(c) Place needles, such as syringes, into a hard plastic container that cannot be punctured
by the needle.
206.4 EVIDENCE/CONTRABAND PROCEDURE
All evidence shall be logged in an incident report prior to the employee going off-duty unless
otherwise approved by a supervisor.
206.4.1 NARCOTICS AND DANGEROUS DRUGS
All narcotics and dangerous drugs shall be placed in an evidence locker to await collection by a
deputy. A detailed incident report shall be written regarding the substance(s)found.
206.4.2 EVIDENCE CONTROL
Every time evidence is released, an appropriate entry in an incident report shall be made. No
evidence is to be released without first receiving authorization from a supervisor.
206.5 RELEASE OR DISPOSITION OF UNCLAIMED FUNDS AND PROPERTY
A supervisor shall authorize the disposition or release of all unclaimed property in the custody
of the Office.
All reasonable attempts should be made to return unclaimed property,found property, or evidence
not needed for an investigation.
Release of property shall be made upon receipt of an authorized release form. The release
authorization shall be signed by the approving staff member and must match the items listed on
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Fresno County Sheriff's Office
Custody Policy Manual
Disposition of Evidence
the property form or must specify the items to be released. A signature of the person receiving
the property shall be recorded on the original property form. Upon release, the proper entry shall
be documented.
The sergeant overseeing booking/records shall ensure that all cash not needed as evidence or
funds that are left unclaimed by an incarcerated person, are transferred as soon as practical to the
County Administrative Office. A record of the transfer shall be kept in the appropriate incarcerated
person file.
The Property supervisor or the authorized designee shall submit a report of presumed abandoned
property or funds once a year to the Sheriff and the County Administrative Office, or more
frequently as directed. The Property supervisor may dispose of property in compliance with
existing laws upon receipt of proper authorization from the Sheriff.
206.6 DISPOSITION OF PROPERTY
All property not held for evidence in a pending criminal investigation or proceeding, and held for
three months or longer because the owner has not been located or has failed to claim the property,
may be disposed of in compliance with existing laws, upon receipt of proper authorization for
disposal.
206.7 UNCLAIMED MONEY
Except as otherwise provided by law, money, excluding restitution to victims, that is in the custody
of this Office and is no longer needed as evidence, and that remains unclaimed after three years,
will be transferred to the general fund after proper notice has been given. All unclaimed money in
the Custody Division shall be transferred to the Business Office.
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Policy Fresno County Sheriff's Office
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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Policy Fresno County Sheriff's Office
• 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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Fresno County Sheriff's Office
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
211 Custody Policy Manual
Key and Electronic Access Device Control
211.1 PURPOSE AND SCOPE
The control and accountability of facility keys and electronic access devices are vital factors
in maintaining a safe and secure environment for incarcerated persons, staff, volunteers,
contractors, and the public (15 CCR 1029(a)(6)). This policy outlines the methods that the Office
will use in maintaining strict security of its keys and electronic access devices. For ease of
reference, the term "key" as used in this policy includes all physical means of access to or exit
from the secure areas of the facility.
211.1.1 DEFINITIONS
Chit—A tag with a staff member's name on it. May be used to leave in exchange for a deckset,
to indicate the name of the employee in possession of the deckset.
Deckset - A group of keys that are necessary to facilitate opening locks in an assigned area,
placed together on a key ring.
Custody Division Keys -These include all keys that open locks in any portion of the jail facilities,
including vehicle keys.
Lockbox -A box that locks; used to contain and safely secure decksets when not in use.
211.2 POLICY
It is the policy of this Office that all keys used to access secure areas of the facility or to exit
the secure areas of the facility are strictly controlled. Employees and supervisors will be held
accountable for the security and safety of the facility. All key control activities shall be accurately
documented on a daily basis (15 CCR 1029(a)(6)).
211.3 KEY IDENTIFICATION
All keys that open any doors within the facilities shall be marked with unique identification codes
that will allow for quick inventory. Keys that are bundled together as a set shall be numbered or
coded with a tag to identify that set and the number of keys on the ring. The identifying numbers
or code on keys shall not correspond to numbers/codes on locks.
211.4 DECKSET CONTENTS
Decksets issued to staff for use within the secure perimeter of the facility shall not contain any
key that would permit access to areas outside the secure perimeter. The armory key shall not be
permitted inside the secure perimeter. Exterior door keys shall not be permitted inside the facility
except during an emergency requiring access to the exterior doors.
211.5 KEY CONTROL
All emergency facility keys shall be maintained in a locked key box within the Central Control
room of their respective facility. This room shall have controlled access for staff only. Each person
assigned to a facility shall be issued a deckset bearing the deckset number. Decksets will be
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Fresno County Sheriff's Office
Custody Policy Manual
Key and Electronic Access Device Control
exchanged for chits via log to maintain a record of which employee has which set. At the end of
a shift, employees shall exchange all keys for their chit or update the log.
Staff assigned to any area with keys shall account for all keys assigned to that location at 0600,
1000, 1800, and 2200 hours. The assignment of the keys shall be documented via a facility log.
Any issuance of a deckset mid-shift shall be documented in the same manner.
Only authorized personnel shall possess, utilize, remove, and/or return Custody Division keys to
or from a lockbox. All staff shall sign out keys when they are removed from any lockbox (via chit
and/or digital log). Staff shall only allow authorized staff to sign out keys used in their area of
responsibility.
Employees shall not possess any key for which they have not been authorized. All staff shall be
personally responsible for keys and decksets signed out or issued to them. Staff members shall
retain their assigned decksets in their possession at all times while on duty. Staff members shall
not relinquish possession of their decksets except when they are relieved by a relief officer for
a break, or relieved from duty and their keys are either returned to the designated lockbox or
entrusted to another staff member.
Employees shall not duplicate, mark, alter, or manufacture any key without written authorization
from the Jail Medical and Services Bureau Commander or the authorized designee. Keys shall
not be added or removed from any deckset or key ring without the permission of the Jail Medical
and Services Bureau Commander.
Central Control staff shall, at the beginning and end of their respective shifts, inventory the key box
and its contents. All keys must be accounted for before the end of shift. Keys are not to be taken
from the facilities without the specific permission of a Watch Commander or higher authority.
Under no circumstances will security keys be made available to incarcerated persons regardless
of their status. Uniformed staff members shall attach the end of the key chain to the key holder
attached to their belt. Non-uniformed staff members authorized to possess keys shall securely
attach the key set to their person.
211.6 LOCK POLICY
All secure perimeter entrances, Central Control doors, and pod doors shall be kept locked,
except when used for admission or exit of employees, incarcerated persons, or visitors, and in an
emergency. Operators of sallyports shall ensure that only one of the doors of a sallyport is opened
at any time for entry or exit purposes, except where the entry or exit of emergency personnel
requires the operator to override the doors and allow for rapid entry or exit.
211.7 TESTING
The Services Unit shall ensure locks to security doors or gates are tested for proper function at
least bi-annually to ensure proper operation. This testing shall be documented.
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Fresno County Sheriff's Office
Custody Policy Manual
Key and Electronic Access Device Control
211.8 EXTERIOR DOOR AND ARMORY KEYS
Keys for exterior doors to the facilities and the armory shall be kept in a locked cabinet in a secure
location, outside of the respective facility's secure perimeter.
211.9 MASTER DECKSET
At least one deckset containing the emergency keys for the facilities shall be kept separate from
all other key sets in a secure location and made accessible only to the Jail Operations Bureau
Commanders, the Watch Commander, supervisors, or the authorized designee in the event of an
emergency. All emergency keys shall be appropriately marked and identified, consistently stored
in a quickly accessible location, tested annually, and staff shall be adequately trained in the use of
these keys.t Central Control will also maintain a deckset of security station keys for their respective
facilities.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), IV.H.3.
211.10 MISSING KEYS
Any staff member who discovers that a key or deckset is missing shall immediately make a verbal
report to a supervisor and shall prepare a written incident report as directed by the supervisor.
The supervisor shall immediately initiate a search for the missing key(s). If a reasonable effort to
locate the key(s)fails,the supervisor shall order a Iockdown of the affected facility.All incarcerated
persons shall be locked in their cells/housing units and a headcount conducted. Incarcerated
persons shall not be allowed to pass into or out of the facility without being thoroughly searched
for the missing key(s). The supervisor shall, as soon as practicable, notify the Watch Commander
and Jail Medical and Services Bureau Commander regarding the loss of the key(s), when it was
discovered and the circumstances involved.
A methodical and thorough search of the entire facility will be made by the on-duty staff.
Additional staff may be called to assist with the search. If, after a thorough search, the key or
deckset is not located,the Jail Medical and Services Bureau Commanderwill determine whether to
re-key any locks that may have been compromised, and whether this should be done immediately.
The Jail Medical and Services Bureau Commander shall initiate an investigation into the
disappearance of the keys to reexamine the procedures for key control, and shall notify the Facility
Manager of their findings. Based upon the findings of the investigation and any recommendations,
the procedures governing this policy may be amended.
211.11 KEY CONTROL RECORDS
A shift roster will be maintained for the accounting and security of all decksets. Each shift is
responsible for reporting any key malfunctions or missing decksets. Key control measures shall be
documented by the facility logs, and the records retained in accordance with established records
retention schedules.
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Custody Policy Manual
Key and Electronic Access Device Control
211.12 ELECTRONIC ACCESS DEVICES
Proximity cards, fobs, or other devices may be issued to staff to allow access to restricted or
controlled areas of the facilities. In the event of a lost or stolen device, an employee shall notify
their supervisor as soon as it is known the device is missing. The device shall be immediately
deactivated to prevent unauthorized use.
211.13 DAMAGED KEYS OR LOCK
Damaged keys or locks shall be promptly reported to a supervisor. Jail Services shall be notified
via email with the facility sergeant included in the correspondence. No part of a broken key shall be
left in the lock.All portions of the damaged key must be turned in to the supervisor,who will ensure
duplicate keys are provided as needed. A facility incident report will be written specifying the
circumstances and recovery of any parts of the damaged item. Damaged locks shall be replaced
or repaired as soon as practicable. Appropriate security measures shall be taken until such time
the lock is properly restored. No lock to a security door or gate shall be permitted to be inoperable
or left in an unsuitable condition. No incarcerated person shall be secured in a pod, dayroom, or
area that has inoperable locks.
211.14 REFERENCE
See the following for further guidance:
KEY CONTROL PROCEDURE
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Policy Fresno County Sheriff's Office
215 Custody Policy Manual
Administrative and Supervisory Inspections
215.1 PURPOSE AND SCOPE
The purpose of this policy is to establish both regularly scheduled and unannounced inspections of
each facility's living and activity areas. Inspections may be useful in identifying deficiencies, which
can be corrected, as well as processes working properly, which may be replicated elsewhere in
the facilities.
215.2 POLICY
Tours and inspections shall be conducted by administrative and supervisory staff throughout the
jail at least weekly to facilitate and encourage communication among administrators, managers,
supervisors, staff employees, incarcerated persons, and the visiting public.
215.3 INSPECTIONS
The Jail Operations Bureau Commander is responsible for ensuring that scheduled and
unscheduled inspections, visits, and contacts are implemented to minimally include:
(a) The general conditions and overall climate of the facility.
(b) The living and working conditions of incarcerated persons.
(c) Communication between administrators, managers, supervisors, staff, incarcerated
persons, and the visiting public.
(d) Compliance with policies.
(e) Safety, security, and sanitation concerns.
(f) Incarcerated person concerns.
(g) Meal services.
215.3.1 SUPERVISOR RESPONSIBILITIES
Each Facility Sergeant shall personally visit each housing floor under their supervision a minimum
of three(3)times per 12-hour shift in order to ensure adequate supervision and evaluate employee
performance. Documentation of the visits shall be logged on the Spartan device. Special effort
should be given to informally inspect the following areas:
(a) Incarcerated person housing areas
(b) Booking and receiving areas, including holding cells
(c) Exercise yard and recreation areas
(d) Visiting and program areas
(e) Medical and dental service areas
(f) Vocational work areas, e.g., kitchen, janitorial closets
(g) Sallyports and transportation staging areas
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Fresno County Sheriff's Office
Custody Policy Manual
Administrative and Supervisory Inspections
At least once each week, according to schedule, an official visual inspection shall be made of each
housing floor by an assigned Sergeant. The Sergeant shall personally conduct a cleanliness and
security inspection, walking through all housing units and other areas accessible to incarcerated
people, including all areas susceptible to a breach of security. The Sergeant should also pay
attention to any health or hygiene problems, maintenance issues, security issues, and overall
housing conditions. Documentation of the inspections shall be logged on the Spartan device.
215.3.2 LIEUTENANT RESPONSIBILITIES
• Each Watch Commander shall personally visit each housing floor and operational area
a minimum of once each week during the course of their assigned shift to ensure
adequate supervision at the administrative level.
• At least once a month,each Watch Commander shall personally conduct an inspection
of each facility. The inspection shall be conducted in the form of a safety check and
includes surveying all dayroom areas and paying attention to the overall housing
conditions. At least one housing unit on each floor shall be randomly selected for
inspection.
• At least once a month, each Watch Commander shall personally visit the hospital and
other off-site behavioral health treatment facilities to assess security measures and
the quality of supervision incarcerated people are receiving. The Watch Commander
shall document the visit in the hospital log book.
• At least once per quarter, the Services Lieutenant shall personally conduct an
inspection of each facility, which includes walking through all housing units. The
inspection shall be conducted in the form of a safety check paying attention to any
maintenance issues, security issues, and overall housing conditions.
• The documentation of these inspections shall be logged via the Spartan device. Any
deficiencies identified should be reported to the Jail Medical and Services Bureau
Commander and discussed during the monthly Jail Command Staff meetings.
215.3.3 BUREAU COMMANDER RESPONSIBILITIES
• At least once each calendar year, the Jail Operations Bureau Commander shall
personally conduct an inspection of each facility. The inspection shall be conducted
in the form of a safety check and should be unannounced. Documentation of the
inspection shall be logged via the Spartan device.
• Regular operations reviews are conducted during the monthly Jail Command Staff
Quality Assurance Review meetings.
215.4 INSPECTIONS OF SECURITY EQUIPMENT
The Jail Operations Bureau Commander shall be responsible for designating a qualified person
to conduct weekly inspections of all security devices, identifying those in need of repair or
maintenance and providing a written report of the results of the inspection. The Jail Operations
Bureau Commander shall document all action taken to correct identified deficiencies, including
maintenance records, and shall retain those records in accordance with established records
retention schedules.
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Fresno County Sheriff's Office
Custody Policy Manual
Administrative and Supervisory Inspections
215.5 DOCUMENTATION AND REPORTING
Each staff member conducting the inspection or tour shall document the activity in the appropriate
system. The entry should include any significant findings that indicate remedial action or
training may be needed. Significant issues of security or safety shall be addressed promptly.
Commendable or successful actions that should be replicated elsewhere in the facility should also
be noted in the log.
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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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Accessibility- Facility and Equipment
(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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Policy Fresno County Sheriff's Office
233 Custody Policy Manual
Equipment Issue
233.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a consistent and uniform methodology for the issuance,
wearing, carrying, and maintenance of equipment issued to and carried by correctional staff.
233.2 POLICY
It is the policy of the Fresno County Sheriffs Office Custody Division that all officers shall be issued
specific equipment which shall be considered a part of the uniform and shall be worn or carried at
all times while in uniform and on duty. No other equipment other than that described in this policy
is authorized. Exceptions shall require prior written approval of a Bureau Commander.
It is the policy of the Fresno County Sheriff's Office Custody Division that all officers will be
assigned a locker to securely maintain their issued equipment and personal items.
It is the policy of the Fresno County Sheriffs Office Custody Division that members of SERT,
Honor Guard, the Lobby/Records Team, and Transportation Detail, while acting in the capacity
of these assignments, shall be exempted from these equipment requirements and shall carry and
wear the equipment authorized by their designated Unit Commander or Watch Commander.
233.3 ISSUANCE AND RETURN OF ASSIGNED LEATHER GEAR AND SAFETY
EQUIPMENT
All officers will be issued the equipment noted in this policy at the time of orientation by the Sheriffs
Office Training Unit.
The Training Unit shall keep the appropriate leather gear issue records for each employee.
At the time of separation from the Custody Division,the employee shall return all issued equipment
to the Training Unit.
233.3.1 LEATHER GEAR AND EQUIPMENT ISSUE
All correctional staff members will be issued one of each of the following:
(a) Inner duty belt.
(b) Outer duty belt.
(c) Handcuffs and handcuff key.
(d) Handcuff case with velcro closure. (A double handcuff case, purchased at the officer's
own expense, may be substituted)
(e) Flashlight with rechargeable battery.
(f) Flashlight holder.
(g) Key holder with flap.
(h) Radio.
(i) Radio holder.
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Q) -key.
(k) Baton and baton holder.*
(1) OC spray and OC holder.*
Each officer will be fitted and issued a stab protection vest for their personal protection and safety.
* Safety equipment is only issued after completion of the required training.
233.3.2 SAFETY EQUIPMENT ISSUE
After completing the Chemical Agents Course, each officer will be issued a canister of oleoresin
capsicum (OC) pepper spray along with an OC holder in which to carry it.
(a) The OC spray is not to be utilized for personal use. Unless needed for scheduled
training, under no circumstances may an officer take a chemical agent out of the
building when they go off-duty, without explicit permission from a Lieutenant or higher
authority.
(b) Officers may only carry department-issued OC spray while on-duty.
After completing the expandable baton course, each officer will be issued an expandable baton
along with a baton holder. The expandable batons are not to be utilized for personal use. Unless
needed for scheduled training, under no circumstances may an officer take a baton out of the
building when they go off-duty, without explicit permission from a Lieutenant or higher authority.
233.3.3 SUPPLEMENTAL EQUIPMENT
Correctional Sergeants and officers assigned to the Escort/Transportation Team and Lobby/
Records Team may be assigned additional items as part of their equipment issue. These items
shall be maintained and readily accessible for use while on-duty.
(a) A gun holster (Sergeants only) or a gun clip (officers).
(b) A triple magazine ammunition pouch.
(c) A ballistic/spike combo vest. Correctional officers assigned to the Transportation Unit
are required to wear the ballistic vest when leaving the facility with an incarcerated
person or when assigned to guard an incarcerated person at the hospital.
Rain gear shall be made available on a day-to-day basis for those officers assigned to outdoor
posts (e.g., yard security, road crews, etc.).
After completing the TASER course, a holster may be issued, if needed.
233.3.4 OPTIONAL EQUIPMENT
Correctional staff is authorized to carry, but must purchase and maintain the following items at
their own expense:
(a) One (1) additional pair of handcuffs, provided they are of the same make, model, and
style as the issued equipment. The cuffs may be carried in either of the following:
1. One (1) additional handcuff case (of the same make, model, and style as the
issued equipment).
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2. One (1) black basket weave pattern leather double handcuff case with velcro
closure (Aker model 500D, or other similar model).
(b) One (1) additional key holder. It may be of the same make, model, and style as that
issued, or a black"key safe" type holder.
(c) One (1) black basket weave pattern leather surgical glove pouch with velcro closure.
The case should measure 3"H x 4"W and may have either a single or double glove
pouch (Aker model 557, or other similar model).
(d) Staff may opt to carry an alternative black flashlight. The alternative flashlight must be
approved by the Jail Operations Commander.
NOTE: The large rechargeable flashlights provided in the security stations may be used while
performing routine security checks and inspections. They shall not be used as impact weapons
(unless needed to combat lethal force).
Raincoats are available for check-out from the Training Unit or may be purchased at the officer's
own expense.
233.4 MAINTENANCE OF LEATHER GEAR AND SAFETY EQUIPMENT ISSUE
All correctional staff members shall be responsible for the proper maintenance and care of their
issued leather gear and safety equipment.
All issued leather gear shall be maintained in good repair, polished, and free from scuffs.
If an officer's issued leather gear or safety equipment is in need of repair or replacement, the
officer may exchange the item with a member of the Training Unit.
If any equipment issued in conjunction with this policy is lost or stolen, the employee shall
immediately:
(a) Notify a Sergeant.
(b) Write a memo to the Bureau Commander, via chain of command. Copies of the memo
shall be forwarded and maintained in the employee's Training, Personnel, and Bureau
files.
(c) Contact the Training Unit to replace the item.
233.5 LOCKER ISSUE
All officers will be assigned a locker to securely maintain their issued equipment and personal
items. Each employee will be responsible to provide their own padlock to safekeep their
belongings.
The Services Unit will be responsible to allocate the locker assignments and maintain a list of
issued and available lockers.
(a) Locker assignments may not be exchanged without prior approval from the Services
Sergeant.
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(b) If an employee does not need a full-sized locker but would rather have a gun locker
in which to store their OC spray and expandable baton, they may submit their request
to the Services Sergeant.
The lockers are County property, and as such, are not to be damaged or defaced. The exterior
surface is to remain free of adornment. Personal photographs and mementos may be placed
inside the lockers but shall not be affixed to the surface with any substance which may leave a
residue or cause damage upon removal.
The exterior of each locker and the locker rooms shall be inspected on the first day of each month.
(a) The inspections shall be performed by a Platoon-B North Annex Sergeant.
(b) Any locker damage or adornment shall be reported to the Services Unit for
identification purposes, then referred to the officer's Watch Commander for
appropriate action.
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Chapter 3 - Recruitment, Selection, and Planning
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Policy Fresno County Sheriff's Office
301 Custody Policy Manual
Employee Orientation
301.1 PURPOSE AND SCOPE
The purpose of this policy is to define the parameters for new employee orientation.
301.2 POLICY
It is the policy of the Fresno County Sheriff's Office to provide new employees with basic
information about the facilities and the environment in which they will be working. Orientation is
not meant to supplant other basic training required by law, ordinance, or regulations.
301.3 NEW EMPLOYEE ORIENTATION
Each new employee shall receive an orientation prior to assuming their duties. At a minimum, the
orientation shall include the following:
• Working conditions.
• Code of ethics.
• Personnel policy manual.
• Employee rights and responsibilities.
• Overview of the criminal justice system.
• Tour of the facility.
• Facility goals and objectives.
• Facility organization.
• Staff rules and regulations.
• Program overview.
301.4 EMPLOYEE ACKNOWLEDGEMENTS
Office personnel assigned to provide the new employee orientation will ensure that each new
employee is provided with work rules and regulations, Office ethics, and any other Office
documents, for which the employee will be held accountable.
A staff memberwill collect a signature page from the employee, acknowledging receipt, review and
understanding of the documents.A copy of the signature page shall be retained in the employee's
personnel file in accordance with established records retention schedules.
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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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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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(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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Policy Fresno County Sheriff's Office
312 Custody Policy Manual
Volunteer Program
312.1 PURPOSE AND SCOPE
It is the policy of the Fresno County Sheriff's Office to use qualified volunteers to assist in the daily
operation through their contribution of services to the incarcerated persons and their families, and
to serve as a link between the facility and the community. Volunteers are intended to supplement
and support, rather than supplant, correctional officers and other personnel.
312.1.1 DEFINITION OF VOLUNTEER
A volunteer is an individual who performs a service for the Office without promise, expectation, or
receipt of compensation for services rendered.
312.2 VOLUNTEER PROGRAM MANAGEMENT
312.2.1 VOLUNTEER SERVICES COORDINATOR
The Volunteer Services Coordinator shall be appointed by the Administration and Programs
Bureau Commander. The function of the Volunteer Services Coordinator is to provide a central
coordinating point for effective program management within the Office, and to assist the Jail
Programs Sergeant with planning, directing, and assisting staff and volunteer efforts to provide
more productive services. The Volunteer Services Coordinator should work with other Office staff
on an ongoing basis to assist in the development and implementation of volunteer positions.
The Volunteer Services Coordinator or the authorized designee shall be responsible for:
(a) Developing and maintaining a volunteer recruiting plan.
(b) Developing and maintaining a handbook that minimally identifies expectations and
the lines of authority, responsibility, and accountability for the various volunteer
assignments.
(c) Recruiting, selecting, and training qualified volunteers for various positions.
(d) Facilitating the implementation of new volunteer activities and assignments.
(e) Maintaining records for each volunteer.
(f) Tracking and evaluating the contribution of volunteers.
(g) Maintaining a record of volunteer schedules and work hours.
(h) Completion and dissemination as appropriate of all necessary paperwork and
information.
(i) Planning periodic recognition events.
Q) Administering discipline when warranted.
(k) Maintaining liaison with other community programs that use volunteers and assisting
in community efforts to recognize and promote volunteering.
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312.2.2 RECRUITMENT
Volunteers should be recruited on a continuous and ongoing basis in accordance with Office policy
on equal opportunity non-discriminatory employment. A primary qualification for participation
should be an interest in, and an ability to assist the Office in serving the public.
Requests for volunteers should be submitted in writing by interested staff to the Volunteer Services
Coordinator through the requester's immediate supervisor. A complete position description,
including when the volunteer would be needed, should be included in the request. The Volunteer
Services Coordinator may withhold assignment of any volunteer until such time as the requesting
unit is prepared to make effective use of volunteer resources.
312.2.3 SCREENING
All prospective volunteers should complete the volunteer application form.The Volunteer Services
Coordinator or the authorized designee should conduct a face-to-face interview with an applicant
under consideration.
Volunteers must be at least 18 years old.
A documented background investigation shall be completed on each volunteer applicant and shall
include, but not necessarily be limited to, the following:
(a) Traffic and criminal background check; fingerprints shall be obtained from applicants
and processed through the Criminal Information Index (CII).
(b) Employment
(c) References
(d) Credit check
312.2.4 SELECTION AND PLACEMENT
Service as a volunteer with the Office shall begin with an official notice of acceptance or
appointment to a volunteer position. Notice may only be given by an authorized representative
of the Office, normally the Volunteer Services Coordinator. No volunteer should begin any
assignment until they have been officially accepted for the position. Each volunteer should
complete all required enrollment paperwork and will receive a copy of their position description
and agreement of service with the Office.
Volunteers should be placed only in assignments or programs that are consistent with their
knowledge, skills, abilities, and the needs of the facility.
312.2.5 TRAINING
The Volunteer Services Coordinator or the authorized designee shall be responsible for
developing and maintaining training curriculum and any related forms specific to volunteer
assignments.
The Volunteer Services Coordinator or the authorized designee shall be responsible for ensuring
that volunteers are provided with an orientation program to acquaint them with the Office,
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personnel, and policies and procedures that have a direct impact on their work assignment. The
training/orientation will include, but not be limited to, the following topics:
(a) Office policies and procedures
(b) Rules related to contraband in the facilities
(c) Prohibition on carrying weapons in the facilities
(d) Volunteer/offender relationship and general rules of conduct
(e) Safety and emergency information
(f) An overview and history of the Office
The Volunteer Services Coordinator shall be responsible for creating and maintaining records of
all training provided to each volunteer.
Volunteers should receive position training by their immediate supervisor to ensure they have
adequate knowledge and skills to complete tasks required by the position. They should receive
periodic ongoing training as deemed appropriate by their supervisor or the Volunteer Services
Coordinator.
Training should reinforce to volunteers that they may not intentionally represent themselves as, or
by omission infer,that they are sworn correctional officers or otherfull-time members or employees
of the Office. They shall always represent themselves as volunteers.
All volunteers shall comply with the rules of conduct and with all orders and directives, either oral
or written, issued by the Office.
312.2.6 FITNESS FOR DUTY
No volunteer shall report to work or be on-duty when their mental or physical condition has been
impaired by alcohol, medication, or other substances, orwhen the volunteer is experiencing illness
or injury.
Volunteers shall report to their supervisor any changes in status that may affect their ability to fulfill
their duties. This includes but is not limited to the following:
(a) Any medical condition that might impair the volunteer's ability to perform the duties
of the position
(b) Arrests
(c) Criminal investigations
All volunteers shall adhere to the guidelines set forth by the Office regarding drug and alcohol use.
312.2.7 DRESS CODE
As representatives of the Office,volunteers should present a professional image to the community.
Volunteers shall dress appropriately for the conditions and performance of their duties.
Volunteers shall conform to Office-approved dress in accordance with their duty assignment.
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Volunteers shall be required to return any issued uniform or Office property at the termination of
service.
312.3 SUPERVISION OF VOLUNTEERS
Each volunteer who is accepted to a position with the Office and assigned to the Custody
Division must have a clearly identified supervisor who is responsible for direct management of
that volunteer. This supervisor will be responsible for day-to-day management and guidance of
the work of the volunteer and should be available to the volunteer for consultation and assistance.
A volunteer may be assigned and act as a supervisor of other volunteers, provided that the
supervising volunteer is under the direct supervision of a paid staff member.
Functional supervision of volunteers is the responsibility of the supervisor in charge of the unit
where the volunteer is assigned. The following are some considerations to keep in mind while
supervising volunteers:
(a) Take the time to introduce volunteers to employees on all levels.
(b) Ensure volunteers have work space and necessary office supplies.
(c) Make sure the work is challenging. Do not hesitate to give them an assignment or task
that will tap these valuable resources.
312.4 CONFIDENTIALITY
Unless otherwise directed by a supervisor or Office policy, all information shall be considered
confidential. Only that information specifically identified and approved by authorized personnel
shall be released. Confidential information shall be given only to persons who have a need and a
right to know, as determined by Office policy and supervisory personnel.
Volunteers shall not address public gatherings, post on social media platforms, appear on radio
or television, prepare any article for publication, act as correspondents to a newspaper or other
periodical, release or divulge any information concerning the activities of the Office, or maintain
that they represent the Office in such matters without permission from the proper Office personnel.
312.5 PROPERTY AND EQUIPMENT
Volunteers will be issued an identification card that must be worn at all times while on-duty.
Any fixed and portable equipment issued by the Office shall be for official and authorized use only.
Any property or equipment issued to a volunteer shall remain the property of the Office and shall
be returned at the termination of service.
Volunteers are forbidden from bringing anything into the facility to give to incarcerated people
without the specific prior approval of the Volunteer Services Coordinator or a Watch Commander.
312.6 DISCIPLINARY PROCEDURES/TERMINATION
A volunteer may be removed from the volunteer program at the discretion of the Sheriff, Custody
Division Commander, Jail Administration and Programs Bureau Commander, Jail Programs
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Sergeant, or the Volunteer Services Coordinator. Volunteers shall have no property interests in
their continued appointment.
Volunteers may resign from volunteer service with the Office at any time. It is requested that
volunteers who intend to resign provide advance notice of their departure and a reason for their
decision.
312.6.1 EXIT INTERVIEWS
Exit interviews, when practicable, should be conducted with volunteers who are leaving their
positions. The interview should attempt to ascertain the reason for leaving the position and solicit
the volunteer's suggestions on improving the position. When appropriate, the interview should
also include a discussion on the possibility of involvement in some other capacity with the Office.
312.7 VOLUNTEER REGISTRATION
The Office shall maintain an identification record for each volunteer that includes a
photograph, home address, current telephone numbers, background certification, training/
orientation certifications, and a list of special skills, languages spoken, or volunteer specialty.
312.8 REFERENCE
See the following for further guidance:
Chapter 10: Visitation Policy
VOLUNTEER PROGRAM PROCEDURE
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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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Policy Fresno County Sheriff's Office
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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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
to demonstrate proficiency. The staff should receive annual training in the use of the facility's
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firefighting equipment, sufficient to demonstrate proficiency. Mock fire drills shall also be
conducted to make staff familiar with safety procedures and evacuation methodst.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), IV.H.2.
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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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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(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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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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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). Correctional staff shall conduct appropriate
rounds with sufficient frequency to provide incarcerated persons with adequate supervision and
reasonable safety. More frequent rounds shall be conducted for those requiring more intensive
supervision for safety and security reasonst.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), IV.A.3.
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):
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(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.
(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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505 Custody Policy Manual
Special Management Incarcerated Persons
505.1 PURPOSE AND SCOPE
Incarcerated persons who pose a heightened risk to themselves or others require special
management, including frequent interaction and increased supervision by staff. Interaction with
special management incarcerated persons is essential to maintaining a safe, secure, and humane
environment. This policy establishes guidelines and procedures for interacting with special
management incarcerated persons in the custody of the Fresno County Sheriff's Office.
505.1.1 DEFINITIONS
Definitions related to this policy include:
Administrative separation - The physical separation of an incarcerated person who has (15
CCR 1053):
(a) A documented history of activity or behavior, or promoting such activity or behavior,
that is criminal in nature, disruptive to facility operations, or affects the safety of the
facility, other incarcerated persons, and facility staff.
(b) Influenced or participated in activity that is criminal in nature or disruptive to facility
operations or affects the safety and security of the facility, other incarcerated persons,
and facility staff.
(c) A history of escape or recently attempted escape.
(d) Committed assault, attempted assault, or participated in a conspiracy to assault or
harm other incarcerated persons or facility staff.
(e) A demonstrated need for protection from other incarcerated persons and facility staff.
This is a non-punitive classification process and must not adversely affect an incarcerated person's
health (15 CCR 1053).
Protective custody separation - A level of custody either requested or required for an
incarcerated person's protection from others.
Special management incarcerated person - An incarcerated person who is either classified
as administrative separation or protective custody separation. Classification as a special
management incarcerated person is a non-punitive classification.
505.2 POLICY
This Office shall provide for the secure and restrictive housing of any special management
incarcerated person but shall not impose more deprivation of privileges than is necessary to obtain
the objective of protecting the incarcerated person, staff, or the public (15 CCR 1053).
505.3 SPECIAL MANAGEMENT INCARCERATED PERSONS HOUSING CRITERIA
The safety and security of this facility is dependent on a classification system that identifies
incarcerated persons who pose a risk to themselves or to others. Incarcerated persons who pose
such a risk must be promptly and appropriately separated from the general incarcerated persons
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population until such time that they no longer pose a risk. Staff must have the ability to promptly
separate these incarcerated persons pending further review.
Individuals who may be classified as special management incarcerated persons include but are
not limited to incarcerated persons who are:
• In protective custody or court-imposed separation.
• Exhibiting mental health concerns.
• An escape threat.
• A serious violence threat.
• Known to have gang affiliation.
• A known management problem.
• A suicide risk.
• Exhibiting medical issues.
• Physically impaired.
505.4 CIRCUMSTANCES REQUIRING IMMEDIATE SEPARATION
Incarcerated persons will generally be assigned to separation through the classification process.
The Jail Operations Bureau Commander or the Watch Commander has the authority to
immediately place any incarcerated person into separation when it reasonably appears necessary
to protect the incarcerated person or others (15 CCR 1081(d)).
Reasons that an incarcerated person may be placed into separation include the following:
(a) The incarcerated person requests protection or is under court-ordered protection, or
the staff has determined that the incarcerated person requires protection.
(b) There is reason to believe the incarcerated person poses a danger to themself or
others.
(c) The incarcerated person poses an escape risk.
(d) The incarcerated person requires immediate mental health evaluation and medical
housing is not reasonably available.
(e) The incarcerated person is charged with a disciplinary infraction and is awaiting a
disciplinary hearing and in the judgment of the staff, the incarcerated person may
become disruptive or dangerous if left in general population.
(f) The incarcerated person is in the process of being transferred to a higher security
classification.
(g) Other circumstances where, in the judgment of the staff, the incarcerated person may
pose a threat to themself, others, or the security of the facility.
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505.4.1 REVIEW PROCESS
The Jail Operations Bureau Commander shall be notified when any incarcerated person is placed
into immediate separation and shall be informed of the circumstances leading to the order to
separate. Within 72 hours of the incarcerated person being placed into restrictive housing, the
Jail Operations Bureau Commander or the authorized designee must review the circumstances
surrounding the separation to determine which of the following actions shall be taken:
(a) The incarcerated person is designated for administrative separation.
(b) The incarcerated person is designated for protective custody.
(c) The incarcerated person remains separated pending a disciplinary hearing.
(d) The incarcerated person is returned to general incarcerated person population.
505.5 PROTECTIVE CUSTODY
The correctional officer responsible for assigning classifications to incoming incarcerated persons
shall clearly document the reason an incarcerated person should be placed into protective custody.
Incarcerated persons in need of protective custody may be placed in a separation unit when there
is documentation that the protective custody is warranted and separation is the least restrictive
alternative reasonably available.
Incarcerated persons who are in protective custody shall receive all services and programs that
are available to incarcerated persons in general population and that are deemed a privilege.
Any deviation from allowing usually authorized items or activities shall be documented on the
incarcerated person's file.
505.6 MAINTENANCE OF PROGRAMS AND SERVICES
Administrative separation and protective custody shall consist of separate and secure housing
but shall not involve any deprivation of privileges other than what is necessary to protect the
incarcerated person or staff (15 CCR 1053).
Incarcerated persons who are classified for housing in administrative separation or protective
custody shall, at a minimum, be allowed access to programs and services, including but not limited
to:
• Incarcerated person telephones.
• Visitation.
• Educational programming appropriate to the incarcerated person's classification.
• Commissary services.
• Library and law library services.
• Social services.
• Faith-based guidance, counseling, and religious services.
• Out of cell time activities and exercise.
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• Social and professional visits.
Nothing in this policy prohibits changing the delivery of programs or services to separated
incarcerated persons in order to provide for the safety and security of other incarcerated persons
and staff.
Those with serious mental illness (SMI) housed in Administrative Separation or Disciplinary
housing shall be offered at least seven hours of recreation per week and mental health treatment
three times per week. If confined in isolation for more than 48 hours, their cases shall be reviewed
biweekly by a multidisciplinary team, including corrections and mental health staff, with input from
a qualified mental health clinician regarding continued placement.
Structured out-of-cell behavioral health services shall include a minimum of three therapeutic or
educational sessions per week, each lasting approximately one hour. At least one session shall
be a one-on-one structured therapeutic contact with a mental health clinician, while the remaining
two may be either additional one-on-one sessions or group therapy. All mental health contacts
shall be documented, noting the type and duration of the activityt.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), II.G.4.
505.7 REVIEW OF STATUS
The Watch Commander or the classification officer shall review the status of all incarcerated
persons who are housed in restrictive housing units and designated for administrative separation
or protective custody. This review shall occur every seven days for the first two months of
separation and at least once every 30 days thereafter. The review should include information
about these incarcerated persons to determine whether their status in administrative separation
and protective custody is still warranted.
If other reasonable housing options exist that will provide for the safety of the incarcerated person
and the facility, the incarcerated person should be moved out of separation. In reviewing an
alternative housing decision for an incarcerated person in protective custody, the safety of the
incarcerated person should receive the utmost consideration.
505.8 HEALTH EVALUATION REQUIREMENTS
After notification from staff that an incarcerated person is being placed in separation, the Watch
Commander shall ensure that the following occurs:
(a) A qualified health care professional shall assess the incarcerated person's health
needs and coordinate the appropriate housing assignment.
(b) If contraindications or special accommodations are noted, the qualified health care
professional shall inform the Watch Commander and coordinate the appropriate plan
for the incarcerated person based on the safety needs of the facility and the medical
needs of the incarcerated person.
(c) Medical staff shall complete health checks on those housed in Administrative
Separation or Disciplinary housing at least three times a week and document the
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checks to include any verbal exchange allowing incarcerated people to report any
health or
mental health needs or concernst.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), II.G.5.
505.8.1 HEALTH CONSIDERATIONS
Due to the possibility of self-inflicted injury and depression during periods of separation, health
evaluations should include notations of any bruises and other trauma markings and the qualified
health care professional's comments regarding the incarcerated person's attitude and outlook.
(a) Unless medical attention is needed more frequently, each incarcerated person in
separation should receive a daily visit by medical staff. A medical assessment should
be documented in the incarcerated person's medical file.
(b) A qualified health care professional shall also conduct weekly mental health
evaluations.
When an incarcerated person is classified as a special management incarcerated person due
to the presence of a serious mental illness and is placed in a separation setting, the staff shall
document this in the incarcerated person's file and notify the qualified health care professional.
When an incarcerated person is expected to remain in separation for more than 30 days, the
qualified health care professional shall be notified.
Where reasonably practicable, a qualified health care professional should provide screening for
suicide risk during the three days following admission to the restrictive housing unit.
505.9 SAFETY CHECKS
A staff member shall conduct a face-to-face safety check of all special management incarcerated
persons, including those housed in administrative separation or protective custody, at least every
30 minutes on an irregular schedule. Incarcerated persons who are violent, have mental health
problems, or demonstrate behavior that is easily identified as out of the ordinary or bizarre in
nature should be personally observed by the staff every 15 minutes on an irregular schedule.
Incarcerated persons who are at risk of suicide shall be under continuous observation until seen
by a qualified health care professional. Subsequent supervision routines should be in accordance
with orders provided by the qualified health care professional.
Special management incarcerated persons shall receive increased monitoring to include, at a
minimum:
(a) A daily visit by the Jail Operations Bureau Commander or the authorized designee.
(b) Visits by members of the program staff, upon request.
All management, program staff, and qualified health care professional visits shall be documented
in the appropriate records and logs and retained in accordance with established records retention
schedules.
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Fresno County Sheriff's Office
Custody Policy Manual
Special Management Incarcerated Persons
505.10 LOG PROCEDURES
Handwritten logs should be completed in ink. Once an entry is made it should not be modified.
If corrections or changes are needed, they should be done by way of a supplemental entry.
Electronically captured logs will be maintained in a way that prevents entries from being deleted
or modified once they are entered. Corrections or changes must be done by way of supplemental
entries. At a minimum the log will contain the following:
• Incarcerated person's name
• Incarcerated person's booking number
• Classification status
• Housing assignment
• Date and time initially housed
• Date and time of entry and exit from the cell
• Reason for the special housing
• Anticipated time of removal
• Medical, psychological, or behavioral considerations
• Counseling for behavior
• Removal date and time from special housing
Log entries should be legible, entered promptly, and provide sufficient detail to adequately reflect
the events of the day for future reference.
The date and time of the observation or incident and the name and identification number of the
staff member making the log entry shall be included on each entry.
Supervisors should review the logs frequently during the shift and enter comments as appropriate.
At a minimum, supervisors should enter the date and time of each review.
All safety checks will be documented in detail and should include the exact time of the safety check
and the identification information of the employee conducting the check. All documentation will
be gathered and provided to the Watch Commander or the Jail Operations Bureau Commander
at midnight each day.
505.10.1 LOG INSPECTION AND ARCHIVE OF LOGS
The Watch Commander shall review and evaluate the logs and pass any significant incidents via
the chain of command to the Jail Operations Bureau Commander for review.
The logs will be retained by the Office in accordance with established records retention schedules,
but in no case for less than one year.
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505.11 STAFF SELECTION CRITERIA
To qualify for an assignment solely responsible for the supervision of special management
incarcerated persons, the employee must demonstrate that the employee has:
(a) Successfully completed the employee's probationary period.
(b) Attained a minimum of six months experience supervising incarcerated persons.
(c) A history of maturity and tolerance.
(d) Expressed an interest in working with special management incarcerated persons.
(e) The ability to manage difficult incarcerated persons through conflict management
skills.
(f) Received satisfactory ratings in the three most recent performance evaluations.
505.11.1 STAFF ASSIGNMENT
Staff assignments to a special management incarcerated persons unit will be made by the Jail
Operations Bureau Commander or the authorized designee and are subject to continuous review.
The special management incarcerated persons unit manager may rotate staff whenever the
manager determines that it is in the best interest of the employee or the facility.
Staff assigned to units with special management incarcerated persons should be closely
supervised. Staff assigned to these units may rotate to other duties upon request.
Nothing in this section prohibits a probationary employee from working in a special management
incarcerated persons unit under direct supervision of a training officer as a part of the training
program.
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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 housing. Population Management staff who are familiar with
the housing of those with serious mental illness shall be included in administrative
meetings where behavior management plans are developed and reviewed.t.
tHall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), II.F.1-2.
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.
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tHall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), II.E.3.
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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Policy Fresno County Sheriff's Office
510 Custody Policy Manual
Control of Incarcerated Person Movement
510.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a process for the safe and secure movement of
incarcerated persons between areas within the facilities and transportation from the facilities to
court, medical appointments, or other jurisdictions (15 CCR 1029(a)(6)).
510.2 POLICY
The staff should be vigilant in the control and movement of incarcerated persons between areas
within the facilities and when transporting persons outside the secure confines of the facilities.
Control may be by direct or indirect visual observation (e.g., watching a camera monitor to
ensure an incarcerated person walks down a hallway/tunnel safely). All staff should consider
all incarcerated person movement as high-risk activity. The staff should be aware of their
surroundings at all times and take necessary steps to prevent escape.
510.3 CONTROL OF MOVEMENT
Staff shall not allow incarcerated persons to leave their assigned housing area unless they have
approved activities that may include but are not limited to the following:
(a) Court
(b) Transportation to another facility
(c) Receiving a visit
(d) Law enforcement interview or to participate in a lineup
(e) Reporting for work
(f) Receiving dental or medical care
(g) Attending educational classes or religious services
(h) Release
(i) Facility Emergency
0) Any other reason deemed appropriate by staff
510.4 MOVEMENT OF INCARCERATED PERSONS
Movement of one or more incarcerated persons in the facilities should be done in a safe and
orderly manner with incarcerated persons walking in a single-file line. Staff members should have
situational awareness during the movement of incarcerated persons and should consider the
design of the facilities, areas of poor visibility, and the presence of other persons being moved.
The staff should avoid areas where incarcerated persons may have access to contraband items.
510.5 MOVEMENT OF SPECIAL MANAGEMENT INCARCERATED PERSONS
Incarcerated persons should be restrained during movement based upon individual security
classification, with higher risk persons in handcuffs, waist chains, and leg restraints. An exception
to this procedure is when an incarcerated person has a physical disability where restraint
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devices may cause serious injury. In this instance, staff may need to improvise on how restraints
maybe applied. The staff should contact their immediate supervisor for further direction. Pregnant
incarcerated persons shall be moved in accordance with the Use of Restraints Policy.
Whenever a high-security incarcerated person is not able to be restrained, the staff should
compensate by utilizing wheelchairs and should secure the incarcerated person to the chair. It
may also be necessary to increase the number of staff present to ensure the safe movement of
high-security incarcerated persons.
The staff should be watchful in and around passageways and ensure that sallyport doors are
secured to prevent escape.
510.6 REFERENCE
See the following for further guidance:
CONTROL OF INCARCERATED PERSON MOVEMENT
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Policy Fresno County Sheriff's Office
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. Sufficient justification for the use of restraints is required and shall be
documented in an incident reportt.
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).
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(b) Restrained incarcerated persons shall not be placed in a position that inhibits
breathing.
(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. Restraint chair placement shall not exceed
4 hourst.
(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 behaviort. 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 hourt.
(h) Continuous direct visual observation shall be maintained until a medical opinion can
be obtained. Staff shall notify medical of the initial placement time for restraintst.
(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.
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2. When restraints are necessary, they shall be applied to ensure effective
application while reasonably accommodating the incarcerated person's
disability.
(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.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), IV.F.1-4.,6.
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 thereaftert.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.D.15.
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 persont.
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.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), IV.F.5.
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.
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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).
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.
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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).
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).t
1 Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.N.1-2.
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
518 Custody Policy Manual
Transportation of Incarcerated Persons Outside
the Secure Facility
518.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the transportation of incarcerated persons
outside the facilities and to ensure that the staff assigned to transportation duties are qualified
and adequately trained.
518.2 POLICY
It is the policy of the Fresno County Sheriff's Office to provide safe, secure, and humane
transportation for all incarcerated persons and other persons as required by law.
This Office shall transfer all incarcerated persons from the jail to the place of imprisonment
pursuant to the sentence of the court as soon as practicable after the sentence, in accordance with
all laws relating to the transfer of incarcerated persons and costs related to transfers to facilities
and jurisdictions.
518.3 PROCEDURES
Only staff members who have completed Office-approved training on incarcerated person
transportation should be assigned incarcerated person transportation duty.All staff members who
operate transportation vehicles shall hold a valid license for the type of vehicle being operated.
Any member who transports an incarcerated person outside the secure confines of these facilities
is responsible for:
(a) Obtaining all necessary paperwork for the incarcerated person being transported (e.g.,
medical/dental records, commitment documents).
(b) Ensuring that all incarcerated persons are thoroughly searched and appropriate
restraints are properly applied.
1. Incarcerated persons who are known to be pregnant will not be handcuffed
behind their backs or placed in waist restraints while being transported (see the
Use of Restraints Policy).
2. Incarcerated persons who are transported to a hospital for the purpose of
childbirth shall be transported in the least restrictive way possible and in
accordance with Penal Code § 3407. The incarcerated person shall not be
shackled to anyone else during transport (see the Use of Restraints Policy)
(Penal Code § 4023.8(I)).
(c) Ensuring that all vehicle security devices (e.g.,window bars, inside cages, door locks)
are in good repair and are operational.
(d) Thoroughly searching the transporting vehicle for contraband before any incarcerated
person is placed inside, and again after removing the person from the transporting
vehicle.
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518.4 TRAINING
The Training Unit shall ensure that all employees charged with incarcerated person transportation
duties receive training appropriate for the assignment.
Documentation of all training presented shall be retained in the employee's training file in
accordance with established records retention schedules.
518.5 REFERENCE
See the following for further guidance:
Chapter 5: Use of Restraints
TRANSPORTATION OF INCARCERATED PERSONS OUTSIDE THE SECURE FACILITY
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Policy Fresno County Sheriff's Office
• Custody Policy Manual
Safety and Sobering Cells
519.1 PURPOSE AND SCOPE
This policy establishes the requirement for placing incarcerated persons into and the continued
placement of incarcerated persons in safety cells or sobering cells. Incarcerated people shall not
be housed in safety cells for medical reasonst.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.D.6.
519.1.1 DEFINITIONS
Definitions related to this policy include:
Safety cell -An enhanced protective housing designed to minimize the risk of injury or destruction
of property used for incarcerated persons who display behavior that reveals intent to cause
physical harm to themselves or others or to destroy property.
Sobering cell - A holding cell designed to minimize the risk of injury by falling or dangerous
behavior. It is used as an initial sobering place for arrestees or incarcerated persons who are a
threat to their own safety or the safety of others as a result of being intoxicated from any substance,
and who require a protected environment to prevent injury or victimization by other incarcerated
persons.
519.2 POLICY
These facilities will employ the use of safety and sobering cells to protect incarcerated persons
from injury or to prevent the destruction of property by an incarcerated person in accordance with
applicable law.
A sobering or safety cell shall not be used as punishment or as a substitute for treatment.
519.3 SAFETY CELL PROCEDURES
The following guidelines apply when placing any incarcerated person in a safety cell (15 CCR
1055):
(a) Placement of an incarcerated person into a safety cell requires approval of the Watch
Commander.
(b) A safety cell entry shall be initiated every time an incarcerated person is placed into
the safety cell and a record should be maintained for the entire time the incarcerated
person is housed in the cell. Records will be retained in accordance with established
Office retention schedules.
(c) A safety check consisting of direct visual observation that is sufficient to assess the
incarcerated person's well-being and behavior shall occur twice every 30 minutes with
no more than a 15-minute lapse between safety checks. Each safety check of the
incarcerated person shall be documented.
(d) Incarcerated persons should be permitted to be normally clothed with one jumpsuit,
one pair of socks, and one pair of underwear, except in cases where the incarcerated
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person has demonstrated that clothing articles may pose a risk to the incarcerated
person's safety or the facility. Such incarcerated people shall be provided with a"safety
garment" to provide for their personal privacy and safety. In these cases, the reasons
for not providing clothing shall be documented on the safety cell incident report. The
Watch Commander shall review the status of any partially clothed incarcerated person
every four hours and provide the incarcerated person with any appropriate additional
clothing items, at such time as the Watch Commander deems it safe to do so, based
on incarcerated person behavior. The review shall be documented.
(e) Incarcerated persons in safety cells shall be given the opportunity to have fluids at
least hourly. Correctional officers shall provide the fluids in disposable cups. The
incarcerated persons shall be given sufficient time to drink the fluids prior to the cup
being removed. Each time an incarcerated person is provided the opportunity to drink
fluids will be documented.
(f) Incarcerated persons will be provided meals during each meal period. Meals will be
served in disposable containers, and the incarcerated persons will be monitored while
eating the meals. Incarcerated persons shall be given ample time to complete their
meals prior to items being removed. All meals provided to incarcerated persons in
safety cells will be documented on the safety cell log.
(g) The Watch Commander shall review the appropriateness for continued retention in
the safety cell at least every four hours. The reason for continued retention or removal
from the safety cell shall be documented.
(h) A medical assessment of the incarcerated person in the safety cell shall occur as soon
as possible, but not more than 2 hours from the time of placement. The person shall
be medically cleared for continued assessment, referral to advanced treatment, or
removed from the safety cell a minimum of 24 hours thereafter. Medical assessments
shall be documented.
(i) A mental health assessment, performed by any qualified mental health staff, for
placement and retention shall be conducted as soon as possible, but not more than
4 hours from an incarcerated person's placement. The mental health professional's
recommendations shall be documented.
It is the intention of this policy that incarcerated persons should be removed from the safety cell
as soon as it is safe to do so, and nothing shall preclude correctional, medical, or mental health
staff from recommending removal prior to that time.
All incarcerated persons held in a safety cell shall maintain the same general rights as provided
to incarcerated persons in general population, as is consistent with the safety and security of
incarcerated persons, staff, and the public. Any deprivation of these rights shall require the prior
approval of the Watch Commander and thereafter documentation forwarded to the Jail Operations
Bureau Commander indicating the legitimate governmental purpose served by the deprivation.
Any deprivation of rights must be weighed against the necessity for reasonable security of the
institution and protection of the public.
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519.4 SOBERING CELL PROCEDURES
The following guidelines apply when temporarily placing any incarcerated person in a sobering
cell (15 CCR 1056):
(a) A sobering cell entry shall be initiated every time an incarcerated person is placed
into a sobering cell. A digital log via the Spartan device shall be maintained for the
entire time the incarcerated person is housed in the cell. Cell logs will be retained in
accordance with established Office retention schedules.
(b) A safety check consisting of direct visual observation that is sufficient to assess the
incarcerated person's well-being and behavior shall occur at least twice every 30
minutes on an irregular schedule. Each visual observation of the incarcerated person
by staff shall be documented. If an incarcerated person is held in a sobering unit
for more than six hours, they shall receive a documented medical examination by a
medical staff member to determine whether the incarcerated person has an urgent
medical problem.
(c) Qualified health care professionals shall assess the medical condition of the
incarcerated person in the sobering cell at least every six hours. Only incarcerated
persons who continue to need the protective housing of a sobering cell will continue
to be detained in such housing.
(d) Incarcerated persons will be removed from the sobering cell when they no longer
pose a threat to their own safety and the safety of others and are able to continue
the booking process.
(e) Incarcerated persons will be detained in separate sobering cells based on the
individuals' actual or perceived gender identity or gender expression.
(f) If a releasable intoxicated incarcerated person is held in custody for more than six
hours, a sack lunch shall be provided.
519.5 REFERENCE
See the following for further guidance:
SAFETY AND SOBERING CELLS PROCEDURES
DETOXIFICATION AND WITHDRAWAL PROCEDURES
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Policy Fresno County Sheriff's Office
520 Custody Policy Manual
Biological Samples
520.1 PURPOSE AND SCOPE
This policy provides guidelines for the collection of biological samples from those incarcerated
persons required to provide samples upon conviction and/or arrest for certain offenses. This
policy does not apply to biological samples collected at a crime scene or taken from a person in
conjunction with a criminal investigation. Nor does it apply to biological samples collected from
those required to register, for example, as sex offenders.
520.2 POLICY
The Fresno County Sheriff's Office will assist in the expeditious collection of required biological
samples from arrestees and offenders in accordance with the laws of this state and with as little
reliance on force as practicable.
520.3 PERSONS SUBJECT TO BIOLOGICAL SAMPLE COLLECTION
It is the policy of the Fresno County Sheriff's Office Custody Division to obtain buccal swab
samples, right thumbprints, and a full palm print impression of each hand and blood specimens or
other biological samples required from qualified offenders pursuant to Section 296 of the California
Penal Code.
It is the policy of the Fresno County Sheriff's Office Custody Division to ensure that the
requisite samples, specimens, and print impressions must be collected promptly or as soon as
administratively practicable after arrest (e.g., during booking), conviction or adjudication, and in
any event prior to release on bail or any physical release from confinement or custody.
Incarcerated persons must submit a biological sample (Penal Code § 296: Penal Code § 296.1):
(a) Upon conviction or other adjudication of any felony offense.
(b) Upon conviction or other adjudication of any offense if the person has a prior felony
on record.
(c) When arrested or charged with any felony.
520.4 PROCEDURE
When an incarcerated person is required to provide a biological sample, a trained employee shall
attempt to obtain the sample in accordance with this policy.
520.4.1 COLLECTION
The following steps should be taken to collect a sample:
(a) Verify that the incarcerated person is required to provide a sample pursuant to Penal
Code § 296 and Penal Code § 296.1.
(b) Verify that a biological sample has not been previously collected from the offender
by querying the individual's criminal history record for a DNA collection flag or, during
regular business hours, calling the California Department of Justice (DOJ) designated
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DNA laboratory. There is no need to obtain a biological sample if one has been
previously obtained.
(c) Use the designated collection kit provided by the California DOJ to perform the
collection and take steps to avoid cross contamination.
520.4.2 SUBMISSION OF SPECIMENS AND PRINT IMPRESSIONS
The Identification Unit shall be responsible for properly packaging, labeling, and mailing the
collected samples. (The Buccal DNA Collection kits do not need to be refrigerated.)
The Buccal DNA Collection Kit will be mailed to:
State of California
Department of Justice
DNA Data Bank Program
1001 W. Cutting Blvd., Suite 110
Richmond, CA 94804-2028
520.5 CALCULATED USE OF FORCE TO OBTAIN SAMPLES
If an incarcerated person refuses to cooperate with the sample collection process, correctional
officers should attempt to identify the reason for refusal and seek voluntary compliance without
resorting to using force. Force will not be used in the collection of samples except as authorized
by court order or approval of legal counsel and only with the approval of the Watch Commander.
Methods to consider when seeking voluntary compliance include contacting:
(a) The incarcerated person's parole or probation officer when applicable.
(b) The prosecuting attorney to seek additional charges against the incarcerated person
for failure to comply or to otherwise bring the refusal before a judge.
(c) The judge at the incarcerated person's next court appearance.
(d) The incarcerated person's attorney.
(e) A chaplain.
(f) A supervisor who may be able to authorize disciplinary actions to compel compliance,
if any such actions are available.
The Watch Commander shall review and approve any calculated use of force. The supervisor
shall be present to supervise and document the calculated use of force.
520.5.1 VIDEO RECORDING
A video recording should be made any time force is used to obtain a biological sample. The
recording should document all staff participating in the process, in addition to the methods and all
force used during the collection. The recording should be part of the investigation file, if any, or
otherwise retained in accordance with the Office's established records retention schedule.
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If the use of force includes a cell extraction, the extraction shall also be video recorded, including
audio. The video recording shall be retained by the facility in accordance with established records
retention schedules. Notwithstanding the use of the video as evidence in a criminal proceeding,
the tape shall be retained by the jail administration (15 CCR 1059).
520.6 LEGAL MANDATES AND RELEVANT LAWS
California law provides for the following:
520.6.1 DOCUMENTATION RELATED TO FORCE
The Watch Commander or the authorized designee on-duty shall prepare prior written
authorization for the use of any force (15 CCR 1059).
The written authorization shall include information that the subject was asked to provide the
requisite sample and refused, as well as any related court order authorizing the force.
520.6.2 BLOOD SAMPLES
A blood sample should only be obtained under this policy when:
(a) The California DOJ requests a blood sample and the subject consents, or
(b) A court orders a blood sample following a refusal.
The withdrawal of blood may only be performed in a medically approved manner by health care
providers trained and qualified to draw blood. A California DOJ collection kit shall be used for this
purpose (Penal Code § 298(a); Penal Code § 298(b)(2)).
520.6.3 STATE MANDATES
Correctional officers shall document their efforts to secure voluntary compliance and include an
advisement of the legal obligation to provide the requisite specimen, sample, or impression, and
the consequences of refusal (15 CCR 1059).
520.7 REFERENCE
See the following for further guidance:
BIOLOGICAL SAMPLES
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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
527 Custody Policy Manual
Metal Detector Clearance
527.1 PURPOSE AND SCOPE
The purpose of this policy is to provide for facility security and staff, incarcerated person, and
public safety by establishing consistent parameters for metal detector clearance.
527.1.1 DEFINITIONS
Security Perimeter -A division line in a jail facility that separates the area of the facility in which
incarcerated people are allowed, from that in which incarcerated people are not allowed.
The following areas are considered NOT to be within the security perimeter; however, persons
entering these areas may be required to clear the metal detector at the discretion of the officer
assigned to the area:
(a) Main Jail public visiting areas
(b) North Annex Jail public visiting area
(c) West Annex 1 st Floor media room, medical area, and medical offices
(d) Identification fingerprint section
527.2 POLICY
It is the policy of the Fresno County Sheriff's Office Custody Division that all persons entering the
security perimeter of the facility where metal detectors are in place must pass through the metal
detector without activating it before they are allowed access into the security perimeter.
It is the policy of the Fresno County Sheriffs Office Custody Division that all incarcerated people
must pass through the housing floor metal detector without activating it whenever they leave or
return to their housing floor.
527.3 METAL DETECTOR CLEARANCE INTO THE FACILITIES
All persons entering the security perimeter of a facility where metal detectors are in place shall be
required to pass through the metal detector without activating its alarm.
If the metal detector alarm activates, the person attempting to enter the facility shall be asked by
lobby staff to step back and remove any easily removable metal items from their person that may
have activated the metal detector alarm. Lobby staff shall not suggest or mention the removal of
metal supported underwear.
All persons entering the facility security perimeter who are not exempted by this policy MUST
CLEAR THE METAL DETECTOR or they shall not be permitted entrance into the facility.
(a) Exceptions shall be made for persons with certain medical conditions, devices, or
implants (e.g., pacemakers). The person may be searched using a hand-held scanner
and/or consent to a pat-down search of their person in lieu of passing through a metal
detector.
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(b) Pat-down searches should be as least invasive as possible and should be conducted
in such a manner as to maintain the dignity of the person being searched.
(c) The person may be asked to remove materials or objects from their person to allow
proper inspection.
(d) The search shall be limited to the area of the unresolved alarm and only to the extent
necessary to ensure that there are no prohibited items on the person.
Items that do not clear the metal detector (e.g., purses, briefcases, packages, etc.) shall be
subjected to a search for contraband by a staff member before being permitted to be brought into
the facility by professional visitors. Public visitors are not allowed to take personal effects (e.g.,
strollers, purses, bags, etc.) into the public visiting areas.
Persons who request entry into the facility shall have the option to leave items which do not clear
the metal detector in the lockers provided rather than submitting those items to a search.
527.3.1 HAND-HELD SCANNERS (HAND WANDS)
Hand-held scanners are sensitive to metal, but will only alarm when the broad surfaces of the
sensing element are placed in close proximity to metal objects.
The inspection should follow a systematic pattern until the officer has covered both the front and
back of the person's body, from the top of their head to the floor.
(a) The sensing element should be used parallel to the area being inspected, and should
be held one-to-three inches above the surface of the part of the body being inspected.
(b) Officers shall overlap in theirwanding pattern,starting at the point in which an identified
source or object has been located to ensure that a secondary object is not concealed
in or near the same location of the person's body where previous objects have been
found.
(c) The officer shall continue to use the hand wand until the source of the alarm is absolute
and positively identified and the entire surface of the body has been inspected and
cleared.
527.3.2 METAL DETECTOR CLEARANCE EXEMPTIONS
The following personnel shall be exempt from the metal detector clearance policy:
(a) Custody Division personnel, while on-duty and coming to and from work.
(b) Fresno County Maintenance personnel assigned to work in the jail who are on-duty.
(c) Jail Medical and Mental Health Services personnel, while on-duty and coming to and
from work.
(d) Identification Bureau personnel, while on-duty and coming to and from work.
(e) Bailiff personnel delivering courtwork to the jail records window.
(f) Armored courier personnel, during scheduled delivery and pick up of money bags from
the Records window.
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(g) U.S. Postal Service personnel, during scheduled delivery and pick up from the Main
Jail 2nd floor Distribution Room.
(h) Chaplains
(i) Commissioners and Deputy Commissioners from the Board of Prison Terms, while
on official business.
Q) Peace Officers. However, no weapons (i.e., firearms, etc.) shall be allowed into the
secured areas of the facility.
(k) Persons given prior exemption by the Watch Commander or a Bureau Commander.
527.3.3 PHYSICALLY IMPAIRED PERSONS
Physically impaired persons can present a unique challenge to the entry screening process.
Likewise, the process can be a difficult and demanding experience for non-ambulatory and other
physically impaired persons. If not handled with dignity and respect, the process can be very
humiliating for the person being screened. This special challenge does not, however, relieve staff
of their responsibility to conduct a complete and thorough search. The following procedure shall
be followed with persons confined to a wheelchair:
(a) The Lobby Officer shall inquire as to the person's ability to walk through the metal
detector or stand far enough away from the wheelchair to allow inspection of his/her
person with a hand-held scanner.
(b) If the person is physically incapable of standing or walking, a consent to search shall
be obtained from the person and a search shall be conducted of their person and the
wheelchair.
(c) The wheelchair and any other ambulatory-related of medical devices shall be
thoroughly inspected for concealed prohibited items. Close attention should be paid to
blankets or coverings, and any attachments to the device. Hand-carried items within
their possession shall also be inspected.
527.3.4 RIGHT TO REFUSE
The public has the right to refuse the screening process and inspection of their personal
belongings.
The public has the right to stop the screening of their persons or personal belongings at any time
during the screening process, unless an obvious threat or illegal contraband has been detected
or identified.
Access to the facility shall be denied to those persons electing not to be screened or those persons
who withdraw consent during the entry screening process.
Personal belongings not screened will be denied access into the facility.
527.4 BOOKING METAL DETECTOR CLEARANCE
The Booking I Officer shall ensure that all arrestees that cannot be subjected to the radiation of
the body scanner clear the metal detector without activating it prior to being accepted from the
transporting agency at the time of booking.
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(a) If an incarcerated person continues to set off the metal detector and the arresting/
transporting officer is unable to locate the item causing the activation, a hand-held
metal detector shall be used to thoroughly search the arrestee.
(b) If there is doubt about the acceptability of a arrested due to continued activation of
the metal detector, the sergeant overseeing booking is to be contacted immediately
to make a further determination on the acceptability of the arrestee.
(c) If circumstances are such that a strip search of the arrestee is warranted, all applicable
policies shall be followed
527.5 HOUSING UNITS - INCARCERATED PERSON CLEARANCE
The philosophy behind the decentralized service system (where the services are brought to the
incarcerated person instead of bringing the incarcerated person to the service)is to allow for better
security. If an incarcerated person is only routed on the floor, there is no reason to search the
incarcerated person unless the officer feels it is necessary (e.g., returning from a private interview
or a medical appointment).
Whenever an incarcerated person leaves or returns to the floor, they shall be pat-searched and
required to clear the metal detector.
(a) The exception to this policy is during mass movement of incarcerated persons, such
as when going to or from recreation. During mass movement, randomly selected
incarcerated persons (in a number which does not cause an unreasonable delay)shall
be selected and pat-searched. However, ALL incarcerated persons shall be required
to clear the metal detector.
If an incarcerated person repeatedly activates the metal detector and the officer is unable to locate
the item causing the activation:
(a) The Facility Sergeant shall be notified
(b) The incarcerated person shall be strip-searched (with approval of the Watch
Commander)
(c) An incident report shall be written
Officers always have the discretion to search an incarcerated person at ANY time while they are
in custody.
527.6 METAL DETECTOR MAINTENANCE
The sensitivity of the metal detectors shall not be tampered with, and all maintenance problems
shall be reported to the Services Unit immediately. Correctional staff shall not move, alter, or adjust
the sensitivity or settings of the equipment unless designated or directed to do so by a supervisor.
The metal detectors are self-calibrating. However, it shall be the responsibility of the Services Unit
to ensure that the machines are inspected, and the calibration is tested on a monthly basis.
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528 Custody Policy Manual
Body Scanner
528.1 PURPOSE AND SCOPE
The purpose of this policy is to establish an effective radiation safety and protection program to
provide for the safe operation of the body scanner.
528.1.1 DEFINITIONS
Body Scan=X-ray technology used to produce an image revealing the presence of contraband
concealed on or inside of a subject.
Body Scan Device=A stationary system for obtaining full height radiographic images of a person
to detect any kind of weapons, explosives, drugs, and metals either concealed under the clothes,
swallowed, or hidden in anatomical cavities of the human body without causing harm to the
scanned person.
X-Ray=Also referred to as X-radiation, is a form of electromagnetic radiation similar to light but
of shorter wavelength and capable of penetrating solids and of ionizing gases.
Radiation_The process in which energetic particles or waves travel through a medium or space.
There are two distinct types of radiation: ionizing and non-ionizing. X-radiation is an ionizing
radiation.
Radiation Survey_Measurement of the X-radiation equivalent dose rate at the external surfaces
of the body scan device, the personnel workstation, the boundaries of the working zone, and in
adjacent rooms, if applicable.
Exposure= Means being exposed to ionizing radiation or to radioactive material.
Sievert (abbreviated Sv) - A unit used to derive a quantity called equivalent dose. This relates
the absorbed dose in human tissue to the effective biological damage of the radiation. Equivalent
dose is often expressed in terms of millionths of a Sievert, or microsievert (pSv) .
Dose - A general term used to express how much radiation exposure a person or other material
has received.2
1 One Sv is equal to 1,000,000 pSv; or one microsievert (1 pSv) is equal to 0.000001 Sv.
One thousand (1000) microsieverts (pSv) equal one millisievert (mSv).
One Sievert equals 100 rem. (The rem is an older unit of measurement.)
2 The average effective dose from natural background radiation in the United States is 3.1 mSv per
year. This figure does not include man-made doses, such as from medical procedures,which add
another 3.1 mSv for a total of about 6.2 mSv per year. HPS Fact Sheet— Background Radiation
• Annual radiation dose limits for individual members of the public are 1 mSv (does not
include medical administrations (e.g., X-rays or CT exams) which can range as high
as 10 mSv or higher for a single procedure.) (10 CFR 20.1301(a)(1))
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• Annual occupational dose limits for adults are 50 mSv. (10 CFR 20.1201(a)(1)(i))
528.2 POLICY
The Fresno County Sheriff's Office is dedicated to all components of workplace safety.This written
program establishes procedures to safeguard the health of Sheriffs employees, transport officers
from other agencies, and incarcerated people in the vicinity of a body scan device and to ensure
compliance with the applicable federal and state regulations.
It is the policy of the Fresno County Sheriffs Office Custody Division to ensure that radiation safety
procedures and guidelines are followed to ensure the safe operation of the X-ray based body
scan device.
528.3 OVERVIEW
The body scanner will be utilized to scan new bookings, in-custody incarcerated persons, objects,
and property. The intent is to prevent weapons, drugs, and contraband from entering the facilities,
and to detect contraband possessed by incarcerated persons within the facilities or hidden within
their property.
All arrestees and incarcerated persons may be subject to an X-ray scan, unless a condition exists
that would prohibit scanning (e.g., pregnant, disabled, intoxicated, combative).
The operator shall be the same sex as the person being scanned.
(a) Although the scanner does not reveal identity or gender-specific images, the scanner
cannot be used for cross-gender searches. Penal Code Section 4030 treats all body
scanners the same and requires that a person within sight of the visual display of a
body scanner depicting the body during a scan shall be of the same sex as the person
being scanned (except for physicians or licensed medical personnel).
(b) "Sex" (as used in Penal Code section 4030) refers to the searched person's gender,
including the person's gender identity and gender expression.
The scanner may be used to scan any item belonging to an a rrestee/i n ca rce rated person. Use
of the scanner to inspect the contents of packages or articles not belonging to an arrestee/
incarcerated person, or items that will not be stored inside the Jail Clothing or Property Rooms
will not be conducted without clear legal authority to do so.
The body scanner does not take the place of a pat search or strip search.
528.4 GUIDELINES FOR SCANNING
All arrestees will be scanned using the following procedure, unless a condition exists that would
prohibit scanning.
(a) Following the removal of all property, the arrestee will be instructed to remove their
shoes and stand on the platform with their face pointed down toward the dot on the
platform. The individual will be instructed to hold their shoes during the scanning
process.
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(b) If it is suspected that the individual may have concealed weapons or drugs in their
shoes, the shoes should be scanned separately to avoid potential use of the weapon
or destruction of evidence.
(c) The intake process will continue if no anomalies are detected.
It is not necessary to document the routine scanning of arrestees.
It is necessary to document the scanning of incarcerated persons.
528.4.1 EXCEPTIONS AND CONSIDERATIONS
Pregnant individuals-Although the amount of radiation is minute and extremely unlikely to cause
any sort of fetal effect, the scanner shall not be used to scan a woman who is known or alleged
to be pregnant. A statement by the subject that she is pregnant is sufficient to exempt the subject
from a body scan at the time of booking, unless otherwise refuted by Medical staff.
Disabled individuals - Persons who have a disability that prevents the use of the scanner shall
be afforded reasonable accommodation. Searches shall be thorough and professional,with safety
and security being the paramount concern.
Intoxicated individuals - Care should be exercised when scanning persons who demonstrate
an acute level of intoxication to such an extent that standing, or remaining still for the duration of
the scan might not be possible. If the person demonstrates objective symptoms of intoxication to
an extent that their safety may be compromised by the moving scanner platform, then the scan
should be delayed to a later time, or deferred completely if the person will be released when sober.
Pacemakers and Medical Devices -There is no FDA published material indicating the use of the
Scanner will adversely affect implanted medical devices such as a pacemaker, and pacemaker
manufacturers regard the full-body scanners as safe for pacemakers and ICD's. The presence of
such a device should not preclude the use of the scanner unless other circumstances known to
Medical staff or Jail staff indicate otherwise.
Refusal to cooperate/ Combative individuals
(a) Due to the nature of the scanning process, scanning a combative subject will not
produce a usable image. Subjects who refuse to cooperate with the scanning process
should be placed into a cell where their activities can be monitored until they have
been scanned or otherwise searched for weapons, drugs, or contraband.
(b) If the subject is an arrestee, they may be accepted into custody and booked.
1. They shall be strip searched unless they meet the criteria NOT to be strip
searched (e.g., misdemeanor or infraction offenses not involving weapons,
controlled substances or violence; cite and release).
2. If the arrestee would not otherwise be qualified for a strip search, their refusal
to submit to a scan may be considered with other factors such as behavior,
symptoms of drug use, or observations that would seem to indicate an attempt
to conceal a weapon or drugs. If the behavior warrants reasonable suspicion,
the Booking I Officer shall complete a Visual Body Cavity Search Authorization
form and submit the form for approval to the Watch Commander. The Watch
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Commander shall evaluate the information and circumstances, and approve or
deny the request, as warranted.
528.5 DETECTION OF CONTRABAND
If the scanning process reveals an object that is clearly identifiable as a weapon, suspected drug,
or other contraband, the following procedures shall be followed:
The arresting/transporting officer shall be notified of the detection and the approximate area where
the object appears to be located. If the object is clearly a weapon or drug, that information shall
be conveyed to the officer to ensure that appropriate officer safety practices are utilized.
(a) The subject's clothing shall be searched by the arresting/transporting officer, with
focus on the approximate area where the object appeared to be located.
(b) If the item is retrieved by the officer, the arrestee shall be rescanned to ensure that
all contraband was recovered.
(c) If a weapon, drug, or other noteworthy item is detected, the item shall be documented
in the scanner logbook. An incident report is not necessary, unless circumstances
dictate otherwise.
If the clothing search is unsuccessful, and/or it appears that the anomaly may have been ingested
or inserted into a body cavity (e.g., rectum, vagina, mouth), the arrestee will be asked to remove
the object.
(a) If the arrestee refuses to remove the object, or the object appears to be in a location
where a physical body cavity search or intrusive medical procedure would be required,
a second opinion shall be obtained from another correctional officer. If both concur,
the sergeant overseeing booking shall be contacted and advised of the detection.
(b) The decision to accept or refuse the arrestee shall be evaluated by the Sergeant. A
Sergeant's recommendation to refuse an arrestee will be reviewed and approved by
the Watch Commander and documented in an incident report. NOTE: Arrestees who
require a physical body cavity search shall not be accepted into custody.
If the arrestee is refused admittance:
(a) The Booking Officerwho performed the scan shall initiate an incident report.The report
should indicate the reason for refusal, and include a description of the suspected
contraband and approximate area where the object appears to be located. An entry
shall also be noted in the scanner logbook.
(b) The Sergeant shall provide the arresting/transporting officer with the following:
1. A copy of the incident report (approved by the Sergeant).
2. A copy of the body scan image of the arrestee on a flash drive (if available) or
via agency email.
(c) The arresting/transporting officer will be required to obtain a medical clearance prior
to return and acceptance of the arrestee.
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If the arrestee is accepted into custody and the item was not retrieved by the arresting/transporting
officer, a strip/visual body cavity search should be conducted prior to placement into a holding cell.
(a) The Booking Officer needs to complete a Visual Body Cavity Search Authorization
form and submit the form for approval to the Watch Commander.
(b) An incident report shall be written if the item is retrieved via strip search.
Any contraband retrieved from a body cavity, or which is otherwise suspected of being
contaminated, shall be handled using appropriate safeguards and shall be placed in a container
which shall be clearly labeled "contaminated."
528.5.1 PRESERVATION OF IMAGES
Scanned images are automatically preserved under each incarcerated person's JID number.
The sergeant overseeing booking shall be notified of the detection and appropriate steps will be
taken to provide a copy of the image, if needed as evidence for a criminal prosecution.
528.5.2 IN-CUSTODY SCANNING (INCARCERATED PEOPLE)
To prevent the introduction, transfer or concealment of weapons, drugs and contraband inside
the facilities, all incarcerated people may be scanned at any time, unless a condition exists that
would prohibit scanning (e.g., pregnant, disabled, intoxicated, combative). Considerations that
may warrant use of the scanner for individuals in custody:
(a) After contact with the public(i.e., the incarcerated person has returned from any place
where they have not been under continuous staff supervision and could reasonably
have obtained and concealed contraband before being returned to custody). Such
contact includes but is not limited to incarcerated people returning from court, outside
medical appointments or hospital stay, court-ordered pass (e.g., funeral), and work
crews.
(b) Incarcerated people within housing units who demonstrate signs or symptoms of drug
intoxication.
(c) Any time there is a reasonable suspicion to believe the incarcerated person may have
unauthorized or dangerous items concealed on their person, or that he or she may
have been involved in an altercation of any kind.
(d) Prior to placement in a safety cell.
It is not necessary to obtain approval to scan an incarcerated person. However, the Facility
Sergeant must be notified in order to coordinate movement and ensure that the intake area
is secured (i.e., the sallyport/intake door shall remain secured and not be opened when an
incarcerated person is in the intake area).
(a) All scans conducted of incarcerated people shall be documented via the OffenderTrak
system, regardless of the result.
(b) If any contraband is discovered,the item recovered shall be documented in an incident
report.
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(c) If the contraband is a weapon, drug, or other noteworthy item, the discovery shall also
be documented in the scanner logbook.
If a physical body cavity search is determined to be necessary, the Watch Commander shall be
notified and make the necessary arrangements to obtain a search warrant.
528.5.3 INCARCERATED PERSON PROPERTY
Incarcerated people have traditionally used a variety of methods to conceal weapons, drugs,
and contraband. Methods have involved concealing prohibited items inside incarcerated person
commissary containers, sack lunches, issued bedding, and within envelopes used for legal
materials.
Notwithstanding language regarding the property of arrestees or persons not housed in a Jail
facility, any property located in incarcerated person housing may be scanned at any time, for any
reason.
Incarcerated person property located in a stored property bag may be scanned when staff has
information to believe articles within the property bag may contain illegal property,weapons, drugs,
or contraband that would pose a risk to the Jail facility if not recovered from the bag, a risk to
another institution if the incarcerated person is transferred, or a risk to the general safety of the
public if the incarcerated person is released.
528.6 SCANNER SYSTEM SAFETY AND OPERATING PARAMETERS
The following provisions shall be adhered to by all staff:
(a) Operators of the scanner shall use it in a responsible manner, in accordance with this
policy, and in accordance with the manufacturer's operating instructions.
(b) The operator's manual shall not be removed from the Booking Office.
(c) During operation of the scanner, unauthorized persons (other than service personnel)
are not allowed within the working zone, approximately two (2) meters out from the
base of the unit. The working zone shall be clearly marked on the floor around the
unit. The scanner shall be considered operational when the red light on the unit is on.
(d) The operator shall continuously monitor the position of the person being scanned. In
case of an incident, the scan shall be stopped by pressing the red Emergency Stop
button mounted at the operator's station. Doing so will stop X-radiation output.
(e) Upon becoming aware of any safety issue related to the scanner, staff shall
immediately report their concern to their supervisor, who will forward the concern to
the Radiation Safety Officer.
(f) Any installation of scan device components or part removal shall be completed by a
service engineer of the representative company and/or additional service contractors.
Staff shall not disassemble or attempt any repair on the scanner.
528.7 TRAINING
No employee shall operate the scanner without first successfully completing proper training.
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(a) Each operator shall be provided with training on the operation and use of the scanner.
At a minimum, this shall include pre-operational checks, operation of the system,
subject positioning, interpretation of images, procedures to be followed if the system
is damaged or malfunctions, and practical operational experience.
(b) Each operator shall be provided radiation safety training prior to performing security
screening operations, which shall include:
1. The types of radiation
2. Sources and magnitudes of typical exposures
3. Radiation units
4. Concept of time, distance, and shielding
5. Concept of ALARA (As Low As Reasonably Achievable)
6. Biological effects
7. Radiation risk
8. Basic risk communication concepts
9. Training on the administrative controls associated with ensuring that dose to
subjects is limited and on the importance of these administrative controls (i.e.,
any individual screened shall be limited to no more than 250 pSv in any 12-
month period).
10. Other safety hazards (e.g., unauthorized disassembly of the system).
11. Physical security procedures to prevent unauthorized use or access.
12. Operator awareness and control of inspection zones.
(c) Refresher training shall be provided at least once every twelve (12) months.
528.8 DUTIES OF THE RADIATION SAFETY OFFICER
A designated officer assigned to the Services Unit shall serve as the Radiation Safety Officer.
The Radiation Safety Officer (RSO)will:
(a) Maintain the Radiation Safety and Protection Program and coordinate the safe
operation of X-ray based body scan devices in compliance with applicable federal and
state regulations.
(b) Ensure all new or relocated radiation sourcing equipment operated by the Sheriff's
Office within the Custody Division is registered with the Radiologic Health Branch
of the California Department of Public Health (form numbers RH-2261 N and/or
RH-2261C)within thirty (30) days.
(c) Ensure all radiation sourcing equipment operated within the Custody Division is
maintained and serviced in compliance with applicable federal and state regulations.
(d) Arrange and schedule any needed repair or service for the scanner upon being
advised of any damage or malfunction.
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(e) Ensure that radiation safety surveys are performed in compliance with ANSI
Standards. Retain any survey, service, inspection, and instrument calibration records
for the lifetime of the scanner.
(f) Ensure that the annual fee for the scanner is paid to the Radiologic Health Branch of
the California Department of Public Health (CDPH-RHB) prior to the anniversary of
the effective date of the license. NOTE: Title 17 of the California Code of Regulations,
Section 30231, requires the above payment and mandates that failure to do so
requires all usage of the scanner to immediately cease until such time that the fee and
any late fees have been paid.
(g) Ensure that all required documents and postings are maintained and current.
(h) Maintain all records and documentation associated with the Radiation Protection
Program.
(i) Performs an internal audit on an annual basis.
528.9 BODY SCANNER DEVICE SAFETY FEATURES
The system operation modes are preset by the manufacturer during installation and are not to be
changed by the operator.
Numerous safety features are built into the scanner, which make it possible to minimize radiation
doses to which personnel and persons being scanned could be exposed:
(a) X-ray generator enclosed in the X-ray protection case.
(b) System of slit diaphragms in the X-ray protection case provides a narrow fan-shaped
X-radiation beam.
(c) X-ray protection shutter shuts off output of the X-ray radiation from the generator.
(d) Permanently connected additional X-ray filter.
(e) High-sensitivity digital X-ray converter.
(f) Built-in dosimeter for monitoring the stability of the X-ray generator.
(g) Emergency STOP button.
(h) Red signal lantern - When ON indicates the scanner is in operation.
In the event of scanner malfunction, the X-ray protection shutter shuts off X-radiation output from
the generator. If the X-ray protection shutter fails, high voltage to the X-ray tube shuts off. The
scanner software tests the system when it is turned ON and during the scanning process. Error
messages are displayed on the operator's monitor screen.
528.9.1 FAILURE OF SAFETY FEATURES/VENDOR REPAIR
The safety features noted above are required to be functioning to operate the system. In the
event any of the safety features become inoperable, the operator shall shut down the scanner and
immediately notify the sergeant overseeing booking.
The Sergeant will:
(a) Notify the Watch Commander.
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(b) Notify the RSO, who will contact a contracted vendor to make any repairs as
necessary.
(c) Facility staff shall not attempt any repair on the scanner.
528.9.2 ANNUAL SERVICING AND SURVEY OF THE SCANNER
To ensure the scanner is operating within manufacturer specifications, a calibration, maintenance,
and service shall be performed twice a year by an authorized service engineer. Refer to the
Operator's Manual for detailed service tasks.
Radiation surveys shall verify the effective dose, radiation leakage, and inspection zone. Surveys
shall be performed on each body scanner device:
(a) Upon installation of a new unit
(b) At least once every twelve (12) months
(c) Upon relocation of an existing unit
(d) Immediately following any service that could potentially increase the system output.
528.9.3 RADIATION DOSES
Safety of the Persons Scanned
According to ANSI standards, the radiation dose shall not exceed 10 pSv per scanning session.
The scanner's effective doses are pre-set at 0.25, 0.50, and 0.75 pSv per scan. The level selected
should be based on the individual's density(i.e., weight), utilizing the dose as low as is reasonably
achievable (ALARA). Administrative controls keep track of the accumulated doses and prevent
any single person from exceeding 250 pSv in any 12-month period.
Approximate Weight of Effective Dose Setting Number of Screenings
Individual to be Scanned per Screening per Year Not to Exceed
75- 175 pounds 0.25 pSv 100 LBS 1000
175-275 pounds 0.50 pSv 200 LBS 500
275- 660 pounds 0.75 pSv 300 LBS 333
Safety for the Operator
Within an unshielded perimeter of approximately 2m (6.6 feet) from the base of the scanner, the
maximum dose rate of the scattered radiation does not exceed 10 pSv per hour. NOTE: The
operator station for the scanner is located outside the exposure perimeter.
Safety for Bystanders
With the exception of the incarcerated person being scanned, all other persons shall remain
outside of the restricted area clearly outlined on the floor around the scanner while a scan is
in progress. For incidental or occasional bystanders, the level of exposure per day and year is
negligibly low. During scanning, the radiation leak dose rate must not exceed.05 pSv/h outside
the area outlined, as depicted in the diagram.
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Dose per Screening - The effective dose per screening shall not be greater than 0.75 pSv.
528.9.4 DAILY SYSTEM CHECK
The assigned operator of the scanner for each shift will complete an initial status equipment and
safety check prior to operating the device.
Staff completing a status equipment and safety check will:
(a) Inspect the scanner for obvious damage.
(b) Ensure all access panels are securely in place.
(c) Ensure all accessible (external) cable connections and power cords are secure.
(d) If the system is not already on, turn it on using the key switch (clockwise).
(e) Verify the "POWER ON" light is lit.
If any damage or malfunction is found during a system check, staff will:
(a) Power the unit off.
(b) Notify the sergeant overseeing booking, who will notify the Watch Commander and
the RSO.
The Watch Commanderwill ensure the scanner is not operated until appropriate service or repairs
have been completed. If it is believed that the damage or malfunction may compromise the safety
of any person in the immediate vicinity of the device, the emergency procedures outlined will be
followed.
During breaks between scanning sessions, operators should perform general cleaning of the
scanner and general maintenance of the operator's workstation personal computer.
528.10 POSTINGS AND NOTICES
A current copy of the 17 CCR, incorporated sections of 10 CFR 20, the license, and a copy of
operating and emergency procedures shall be posted, or if the posting of these documents is not
practicable, a notice which describes each document and states where it may be examined may
be posted instead.
A current copy of the California Department of Public Health Form RH-2364 (Notice to Employees).
The document shall be posted so that it allows individuals working in or frequenting any portion
of a restricted area to observe a copy on the way to or from such area.
Any notice of violation involving radiological working conditions, or any order issued pursuant to
the Radiation Control Law (Health and Safety Code § 114960 et seq.) and any required response
from the registrant.
Information is to be provided to screened individuals, informing the person being screened that
the scanner emits radiation, and that more information is available. At a minimum, the following
information shall be made available to screening subjects prior to scanning (Addendum A):
(a) The estimated effective dose from one screening (i.e., the reference effective dose).
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(b) An example shall be provided to compare the dose to a commonly known source of
radiation, for example: "The radiation dose from one screening is roughly equivalent
to that received from natural sources during 12 minutes of flight on an aircraft at an
altitude of 30,000 feet."
(c) The screening complies with the ANSI/HPS consensus standard N43.17; if requested,
information on how to acquire this standard shall be provided.
A sign shall be conspicuously posted bearing the radiation symbol and the words reading Caution
Radiation Area.
The scanner shall be marked with the following symbols:
Attention!Refer to the operation documents!
Caution!Dangerous Voltage!
A binder titled "Radiation Safety and Protection" containing all required documents shall be kept
at the Booking intake window. The RSO shall be responsible to ensure that the binder and all
postings are replaced if defaced, altered, or missing.
528.11 EMERGENCY PROCEDURES
If an emergency situation occurs, the scanner shall be powered off and the appropriate personnel
shall be notified in accordance with the safety check procedures. NOTE: If the control panel is not
accessible or functioning, the unit should be unplugged immediately.
If a situation occurs in which staff suspect possible exposure to excessive or dangerous levels of
radiation while operating the scanner, the operator will immediately notify the sergeant overseeing
booking and seek medical attention. The Sergeant will assess the situation and immediately notify
the Watch Commander and the RSO.
If it is suspected that there was a potential exposure to excessive or dangerous levels of radiation,
the Watch Commander will ensure that the use of the scanner is immediately discontinued. The
RSO will:
(a) Schedule any needed service and a radiation survey on the scanner.
(b) If it is deemed safe to do so, ensure that the scanner is surveyed in the condition it
was in when it became suspect.
(c) Only clear the scanner to return to normal operations if it is determined to be safe
to do so by a service engineer of the representative company and/or other qualified
service contractor.
The RSO will ensure that a qualified service contractor will calculate the approximate exposure
(radiation intensity) of the person(s) possibly exposed.
California Radiation Control Regulations require that an employee be given a written report if they
receive an exposure greater than the limits set in the radiation safety standards.
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528.12 DISPOSAL OF EQUIPMENT
Disposal shall be performed in accordance with the disposal instructions provided by the
manufacturer.
Final disposition of the scanner shall be reported within thirty (30) days to the CDPH Radiologic
Health Branch on the Radiation Machine Registration form (RH2261) with substantiating
documentation attached. NOTE: Continued registration is required for X-ray machines that are
not used but are physically present in the facility or are in storage.
528.13 RECORDKEEPING
The designated Radiation Safety Officer shall be responsible to maintain all records and
documentation associated with the Radiation Protection Program.
(a) Maintenance Logs - Records of modifications, maintenance, and repair shall be
maintained for the life of the system.
(b) Survey Records - Survey records shall include system make, model, serial number,
and location; surveyor; survey date; instrumentation make, model, serial number, and
calibration dates; results of visual inspection of system safety features; background
measurements; survey measurements; survey diagram; and system parameters at
which measurements were made.
(c) Training Records - Records of training shall be maintained that contain the date of
training, an outline of the training, and the names of those in attendance.
(d) Logbook - The paper log maintained at the operator's station shall be scanned and
maintained on a monthly basis.
Physical copies of any records will be maintained in the Services Unit Office. Scanned and
computerized documents will be maintained SharePoint.
The scanner's software will register and store the personal data of the persons scanned into the
computer database and will include the number of times and dates when each individual was
screened,the reference effective dose per screening, as well as the cumulative reference effective
dose for the number of screenings undergone by each individual over the past 12 months.
528.14 INTERNAL AUDIT
The RSO shall be responsible to ensure that the Radiation Protection Program is audited on an
annual basis.
The audit shall include any maintenance, inspections, and servicing that took place during the
rating period, and include a description of any corrective actions taken if problems were noted.
In addition, the RSO shall:
(a) Review and ensure that training is current for all operators. Determine refresher
training needs for the upcoming year.
(b) Perform a random sampling review of each operator's scans. Ensure that the concept
of ALARA has been adhered to and the appropriate effective dose has been used.
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(c) Determine the total number of scans, the number that resulted in the detection of
contraband, the type of contraband located, and the number of arrestees not accepted
in Booking due to the detection of contraband.
The findings shall be documented via the Radiation Protection Program Annual Audit Checklist
and submitted to Jail Command Staff.
528.15 INSPECTIONS
The Sheriff's Office shall afford the CDPH-RHB the opportunity to inspect materials, machines,
activities, facilities, premises, and records pursuant to Title 17 regulations.
Any employee who believes that a violation of the Radiation Control Law, Title 17, or license
conditions exists or has occurred, may request an inspection by giving notice of the alleged
violation to the CDPH-RHB. Any such notice shall be in writing. Refer to Title 17, 30254(h) for
requirements and instructions.
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Policy Fresno County Sheriff's Office
• Custody Policy Manual
Lineups
529.1 PURPOSE AND SCOPE
The purpose of this policy is to establish and maintain consistent methods for scheduling and
performing witness identification lineups.
529.1.1 DEFINITION
Lineup-An out-of-court procedure in which a witness attempts to identify another person. Lineups
will be arranged whether the defendant is in or out of custody.
529.2 POLICY
It is the policy of the Fresno County Sheriffs Office Custody Division to schedule and provide
incarcerated people participants for witness identification lineups.
It is the policy of the Fresno County Sheriff's Office Custody Division to terminate and reschedule
lineups delayed longer than fifteen (15) minutes past their scheduled time.
529.3 SCHEDULING LINEUPS
The agency requesting the lineup shall call the Watch Commander to schedule a lineup. Date and
time of lineups will be scheduled at the discretion and with the approval of the Watch Commander.
It shall be the responsibility of the agency requesting the lineup to provide a photograph of the
defendant at least three days in advance of the lineup.
The agency requesting the lineup shall make provisions for photographs to be taken of the
participants.
529.4 LINEUP PARTICIPANT SELECTION
A Lineup Officer shall be assigned to locate incarcerated persons with physical characteristics
similar to the defendant.
(a) A minimum of five (5) incarcerated persons shall be selected to participate in the
lineup.
(b) No incarcerated person shall be forced to participate in a lineup.
(c) Potential lineup participants may be offered an incentive to volunteer for the lineup.
(d) The Lineup Officer shall explain the procedure to the incarcerated person participants.
529.5 LINEUP PROCEDURE
The participants in the lineup shall file into the viewing room from the side entrance.
All participants shall be dressed similarly.
Each participant shall be assigned a number from one through six. These numbers are painted
on the floor of the lineup room. Each participant shall stand on, and respond to, their assigned
number.
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Participants are usually asked to make quarter turns to their right, stopping at the four points of
the compass so that they present all profiles to the witness.
The participants may be asked to repeat certain words or phrases used during the commission
of the crime, or to try on a certain item of clothing, such as a jacket or hat. All try-ons should be
conducted before the lineup begins to be sure the clothes or accessories fit properly.
If any of the participants (or the defendant)do not understand English, all instructions at the lineup
shall be given in both languages. Instruct all participants to wait for the full translation before
following any instruction.
The lineup shall be conducted by a member of the law enforcement agency requesting the lineup,
or their designee.
529.5.1 RIGHT TO COUNSEL AT LINEUP
The defendant has a right to counsel at the lineup under California law, unless the defendant
waives that right.
Defense counsel is merely present at the lineup to silently observe and to later recall their
observations for purposes of cross-examination or to act in the capacity of a witness. Any
interference or disruption by an incarcerated person's defense attorney will be cause for that
attorney's arrest and/or removal from the facility.
The lineup cannot proceed without defense counsel present. The prosecutors are required to wait
a reasonable amount of time before beginning a lineup without counsel.
529.5.2 PROBLEMS THAT OCCUR AT LINEUPS
Singling out individuals - Any action that takes place in the lineup room should be done equally
by all participants. This includes trying on clothes, movement, and statements.
Language - Persons who do not understand English may find it impossible to obey instructions
in the lineup room. Also, if the lineup participants are to repeat certain words, then participants
should be selected who are similar not only in appearance, but also in voice (e.g., although six
people are similar looking, if the perpetrator of the crime had a New York accent, and only one of
six lineup participants has a New York accent, it is not a fair lineup).
Unusual physical characteristics - Unique problems arise when the incarcerated person is at the
extreme end of any characteristic (e.g., seven feet tall or 300 pounds). The attorneys should
attempt to anticipate those problems and seek unique solutions (i.e., have all participants viewed
in a sitting position, etc.).
Similarly, when the incarcerated person has an unusual scar or burn, missing digits or limbs, an
unusual hair style, hypodermic marks or tattoos, special precautions must be taken to protect
against a prejudicial or unfair lineup. One method is to conceal the unique item from the witness's
view. Clothing, hats, tape, and band aids can be used to conceal most unique features.
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529.5.3 OUT OF CUSTODY LINEUPS
Defendants who are not in the Sheriffs custody shall be pat-searched and placed in an area
segregated from the incarcerated persons until directed into the lineup room.
The defendant shall be provided with jail-issue clothing and an identification wristband similar to
those worn by the incarcerated persons.
Upon completion of the lineup, all incarcerated person participants shall be strip searched prior
to being returned to their housing units.
529.5.4 DEFENSE (EVANS) LINEUPS
An Evans lineup is conducted by court order. Defense counsel may request that the order include
special instructions concerning the way the lineup is conducted.
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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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Policy Fresno County Sheriff's Office
543 Custody Policy Manual
Contraband Watch
543.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a consistent method for placing incarcerated individuals
on Contraband Watch (CW), ensuring their safety and the security of the facilities by preventing
the use or spread of contraband.
543.1.1 DEFINITIONS
Definitions related to this policy include:
Contraband Watch — The act of placing an incarcerated person in a cell with a toilet that has
its water shut-off in an attempt to confiscate any contraband the incarcerated person may have
concealed within their body.
Designated Cell —A cell that has a sink and toilet with the capability to shut off water in order to
prevent destruction or further concealment of contraband.
543.2 POLICY
Incarcerated persons suspected of concealing contraband (i.e., narcotics, electronic devices,
weapons, any unauthorized items) within their bodies, that is not deemed life-threatening, shall
be placed on Contraband Watch (CW). The intention of CW is to recover suspected contraband,
prevent further facilitation and safeguard the individual's health and safety.
Every arrestee booked into the Fresno County Jail shall be processed through the body scanner
upon intake, in accordance with jail policy. Each image will be read and interpreted by a trained and
designated jail staff member. If an image is determined to be suspicious, the sergeant overseeing
booking shall be notified and conduct a review of the scan in question. If the sergeant agrees
the scan reveals possible contraband, they must choose to accept or refuse the arrestee, either
decision requires approval of the Watch Commander. If the arrestee is accepted, they shall be
escorted into the facility's designated cell and immediately placed on a Contraband Watch protocol
with the approval from the Watch Commander. The recommendation to refuse an arrestee will be
reviewed and approved by the Watch Commander and documented in an incident report.
NOTE: Arrestees who require a physical body cavity search shall not be accepted into custody.
If a housed incarcerated individual is suspected of possessing contraband on their person, the
same protocol shall apply.
See Chapter 5: Body Scanner Policy for refusal process.
543.3 AUTHORIZATION AND NOTIFICATIONS
Authorization for placement of CW shall be obtained from the Watch Commander prior to the
incarcerated person entering the designated cell. When authorization is obtained to place an
incarcerated person on CW, notifications shall be made to the sergeant overseeing booking,
Population Management, and the Booking Nurse.
Medical shall be notified immediately if the incarcerated person is suspected of ingesting narcotics.
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When CW is discontinued, the Watch Commander and Population Management shall be notified.
543.4 DESIGNATED CELL
The designated cell shall have a sink, drinking spout, and toilet with the capability to shut off
water in order to prevent destruction or further concealment of contraband. If such a cell is not
available, another closely compatible cell shall be determined by the sergeant overseeing booking.
Staff shall ensure that all water access is shut off, the cell is clean and free of any unauthorized
items. Each designated cell shall have a Fresno County Jail Observation Log affixed to the cell
for documentation of observations and medical assessments.
543.5 MEALS AND WATER
Each incarcerated person on CW shall be given the opportunity to have fluids at least hourly.
Correctional officers shall provide the fluids in disposable cups. The incarcerated person shall be
given sufficient time to drink the fluids prior to the cup being removed. Each time an incarcerated
person is provided the opportunity to drink fluids while on CW it shall be documented.
Incarcerated persons will be provided meals during each meal period. Hot meals will be served
in disposable containers, and the incarcerated persons may be monitored while eating the meals.
Incarcerated persons shall be given ample time to complete their meals prior to items being
removed (no less than 15 minutes). All meals provided to an incarcerated person on CW shall
be documented.
When collecting trash from the meal or water, correctional officers should inspect the items to
ensure no contraband is being thrown away.
543.6 PLACEMENT
Upon an individual being a placed on Contraband Watch they shall be escorted to the body
scanner and images shall be taken.
(a) A visual body cavity search shall be conducted and documented in Offendertrak in
accordance with policy.
(b) A medical assessment shall be conducted by Jail medical staff upon placement and
recorded on the Observation Log.
(c) An item-for-item exchange of jail issued clothing shall be conducted to impede any
concealment of contraband.
(d) Upon placement of CW, a report shall be initiated via Offendertrak documenting any
findings and reason for placement.
543.7 OBSERVATIONS AND ASSESSMENTS
Safety checks shall be conducted twice every 30 minutes and documented on the Observation
Log. This includes any activity, behaviors, observations, or findings. A medical assessment shall
be done at the time of initial placement and continued as medical protocols recommend. If the
incarcerated person has ingested narcotics (or other hazardous items) the medical assessments
may be more frequent, depending on the circumstances.
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If at any time a decline in the individual's health or mental state is observed, the sergeant
overseeing booking and the Booking nurse shall be notified immediately.
(a) A medical assessment shall be conducted to determine any additional action to be
taken.
(b) If necessary, a mental health evaluation may be requested.
Medical personnel responsible for ongoing care of incarcerated people shall not remove
contraband from incarcerated people for the purpose of prosecution. CCR15 1206(o).
An assessment for continuation of placement shall be conducted every 4 hours by the sergeant
overseeing booking or designee. Assessments for continuation should include an additional body
scan and/or X-Ray image. Contraband Watch to continue until contraband is recovered or no
longer suspected.
543.8 REMOVAL AND FINDINGS
Upon determination that CW is no longer warranted, the Watch Commander and Population
Management shall be notified. A report shall be initiated via Offendertrak documenting any
findings, reason for termination, and the associated report number for the initial placement. Any
contraband found shall be processed in accordance with Policy. Notification of findings, reports,
digital images or additional information obtained shall be forwarded to Population Management.
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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. The Custody Division ADA Coordinator shall confer with
medical staff monthly to review whether accommodations for those with disabilities continue to
be appropriate and necessaryt.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), III.C.2.
The Office shall post and disseminate ADA notices in alternative formats to promote effective
communication, and make available grievance forms to address ADA related complaintst
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), III.E.2.
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.
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(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:
• 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. Officers shall assist incarcerated people with
communication deficits, as needed, and provide reasonable accommodations (e.g., reading and
writing assistance)t. If the incarcerated person needs writing assistance beyond filing out forms
and grievances, they shall be referred to Jail Programs.
tHall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), III.E.3.
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 possiblet.
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.
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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.
tHall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), III.A.1-2.
602.5 ACCOMMODATION REQUESTS
Incarcerated persons shall be asked to reveal any accommodation requests during the medical
intake process. Medical staff shall make available all information needed to make adequate
housing decisions to Population Managementt.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), III.A.3.
Accommodation requests should include but are not limited to: the need for an accessible
shower and toilet, the need for ground floor housing, the need for no stairs in the path
of travel, the need for level terrain, and the need for and description of assistive devices
and the conditions in which they are to be used (e.g., use of a wheelchair full time,
for all distances greater than 50 feet, whenever out of cell/bed area, etc.). All provided
accommodations shall be entered into the jail management systemt.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), III.A.5-6.
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
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
American with Disabilities Act (ADA) training shall be provided to all new health care staff and
correctional staff, and to all other existing staff as needed on an ongoing basist. 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.
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(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.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), III.C.1.
602.7 REFERENCE
See the following for further guidance:
Chapter 7: Aids to Impairment
Chapter 10: Visitation
INCARCERATED PERSONS WITH DISABILITIES PROCEDURES
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Policy Fresno County Sheriff's Office
606 Custody Policy Manual
Prison Rape Elimination Act
606.1 PURPOSE AND SCOPE
This policy provides guidance for compliance with the Prison Rape Elimination Act of 2003(PREA)
and the implementing regulation that establishes standards (PREA Rule) to prevent, detect, and
respond to sexual abuse and sexual harassment (28 CFR 115.11; 15 CCR 1029).
606.1.1 DEFINITIONS
Definitions related to this policy include:
Intersex-A person whose sexual or reproductive anatomy or chromosomal pattern does not seem
to fit typical definitions of male or female. Intersex medical conditions are sometimes referred to
as disorders of sex development (28 CFR 115.5).
Sexual abuse -Any of the following acts, if the incarcerated person does not consent, is coerced
into such act by overt or implied threats of violence, or is unable to consent or refuse (28 CFR
115.6; 15 CCR 1006):
(a) Contact between the penis and the vulva or the penis and the anus, including
penetration, however slight
(b) Contact between the mouth and the penis, vulva, or anus
(c) Penetration of the anal or genital opening of another person, however slight, by a
hand, finger, object, or other instrument
(d) Any other intentional touching, either directly or through the clothing, of the genitalia,
anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact
incidental to a physical altercation
Sexual abuse also includes abuse by a staff member, contractor, or volunteer as follows, with or
without consent of the incarcerated person, detainee, or resident:
• Contact between the penis and the vulva or the penis and the anus, including
penetration, however slight
• Contact between the mouth and the penis, vulva, or anus
• Contact between the mouth and any body part where the staff member, contractor, or
volunteer has the intent to abuse, arouse, or gratify sexual desire
• Penetration of the anal or genital opening, however slight, by a hand, finger, object,
or other instrument, that is unrelated to official duties, or where the staff member,
contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire
• Any other intentional contact, either directly or through the clothing, of or with the
genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official
duties, or where the staff member, contractor, or volunteer has the intent to abuse,
arouse, or gratify sexual desire
• Any attempt, threat, or request by a staff member, contractor, or volunteer to engage
in the activities described above
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• Any display by a staff member, contractor, or volunteer of their uncovered genitalia,
buttocks, or breast in the presence of an incarcerated person, detainee, or resident
• Voyeurism by a staff member, contractor, or volunteer
Sexual harassment - Repeated and unwelcome sexual advances; requests for sexual favors;
verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one
incarcerated person, detainee, or resident that are directed toward another; repeated verbal
comments or gestures of a sexual nature to an incarcerated person, detainee, or resident by a staff
member, contractor, or volunteer, including demeaning references to gender, sexually suggestive
or derogatory comments about body or clothing, or obscene language or gestures (28 CFR 115.6;
15 CCR 1006).
Transgender - A person whose gender identity (i.e., internal sense of feeling male or female) is
different from the person's assigned sex at birth (28 CFR 115.5).
606.2 POLICY
This Office has zero tolerance with regard to sexual abuse and sexual harassment in this facility.
This Office will take appropriate affirmative measures to protect all incarcerated persons from
sexual abuse and harassment, and promptly and thoroughly investigate all allegations of sexual
abuse and sexual harassment.
606.3 PRESERVATION OF ABILITY TO PROTECT INCARCERATED PERSONS
The Office shall not enter into or renew any collective bargaining agreement or other agreement
that limits the Office's ability to remove alleged staff sexual abusers from contact with any
incarcerated persons pending the outcome of an investigation or of a determination of whether
and to what extent discipline is warranted (28 CFR 115.66).
606.4 PREA COORDINATOR
The Jail Administration and Programs Bureau Commander shall appoint an upper-level manager
(Administrative Sergeant) with sufficient time and authority to develop, implement, and oversee
Office efforts to comply with the PREA standards. The PREA coordinator shall review
facility policies and practices, and make appropriate compliance recommendations to the Jail
Administration and Programs Bureau Commander (28 CFR 115.11).
The PREA coordinator's responsibilities shall include:
(a) Developing a written plan to coordinate response among staff first responders, medical
and mental health practitioners, investigators, and facility management to an incident
of sexual abuse. The plan must also outline the Office's approach to identifying
imminent sexual abuse toward incarcerated persons and preventing and detecting
such incidents (28 CFR 115.11; 28 CFR 115.65; 28 CFR 115.62).
(b) Ensuring that within 30 days of intake, incarcerated persons are provided with
comprehensive education, either in person or through video, regarding their rights
to be free from sexual abuse and sexual harassment and to be free from retaliation
for reporting such incidents, and regarding the Office's policies and procedures for
responding to such incidents (28 CFR 115.33).
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(c) Developing a staffing plan to provide adequate levels of staffing and video monitoring,
where applicable, to protect detainees from sexual abuse. This includes documenting
deviations and the reasons for deviations from the staffing plan, as well as reviewing
the staffing plan a minimum of once per year. In calculating adequate staffing levels
and determining the need for video monitoring, facilities shall take into consideration
(28 CFR 115.13):
1. Generally accepted detention and correctional practices.
2. Any judicial findings of inadequacy.
3. Any findings of inadequacy from federal investigative agencies.
4. Any findings of inadequacy from internal or external oversight bodies.
5. All components of the facility's physical plant, including blind spots or areas
where staff or incarcerated persons may be isolated.
6. The composition of the incarcerated person population.
7. The number and placement of supervisory staff.
8. Institution programs occurring on a particular shift.
9. Any applicable state or local laws, regulations, or standards.
10. The prevalence of substantiated and unsubstantiated incidents of sexual abuse.
11. Any other relevant factors.
(d) Ensuring that, when designing, acquiring, expanding, or modifying facilities, or when
installing or updating a video-monitoring system, electronic surveillance system, or
other monitoring technology, consideration is given to the Office's ability to protect
incarcerated persons from sexual abuse (28 CFR 115.18).
(e) Ensuring that any contract for the confinement of Office detainees or incarcerated
persons includes the requirement to adopt and comply with the PREA standards
including obtaining incident-based and aggregated data, as required in 28 CFR
115.187. Any new contract or contract renewal shall provide for Office contract
monitoring to ensure that the contractor is complying with the PREA standards (28
CFR 115.12).
(f) Making reasonable efforts to enter into agreements with community service providers
to provide incarcerated persons with confidential, emotional support services related
to sexual abuse. The facility shall provide persons with access to outside victim
advocates for emotional support services related to sexual abuse by giving
incarcerated persons mailing addresses and telephone numbers, including toll-free
hotline numbers where available, of local, state, or national victim advocacy or rape
crisis organizations. The facility shall enable reasonable communication between
incarcerated persons and these organizations and agencies in as confidential a
manner as possible. The facility shall inform persons, prior to giving them access,
of the extent to which such communications will be monitored and the extent to
which reports of abuse will be forwarded to authorities in accordance with mandatory
reporting laws (28 CFR 115.53).
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(g) Ensuring the protocol describing the responsibilities of the Office and of another
investigating agency, if another law enforcement agency will be responsible for
conducting any sexual abuse or sexual harassment investigations, is published on the
facility website or by other means, if no website exists (28 CFR 115.22).
(h) Implementing a process by which incarcerated persons may report sexual abuse
and sexual harassment to a public/private entity or an office that is not part of
the Office, and that the outside entity or office is able to receive and immediately
forward incarcerated person reports of sexual abuse and sexual harassment to the
Jail Operations Bureau Commander, allowing the person anonymity (28 CFR 115.51;
15 CCR 1029).
(i) Establishing a process to ensure accurate, uniform data is collected for every
allegation of sexual abuse at facilities under the direct control of this Office, using a
standardized instrument and set of definitions. Upon request, the Office shall provide
all such data from the previous calendar year to the U.S. Department of Justice (DOJ)
no later than June 30 (28 CFR 115.87; 34 USC § 30303; 15 CCR 1041).
1. The data collected shall include, at a minimum, the data necessary to answer
all questions from the most recent version of the Survey of Sexual Violence
conducted by the U.S. DOJ.
2. The data shall be aggregated at least annually.
Q) Establishing a process to monitor the conduct and treatment of detainees or staff who
have reported sexual abuse, and the conduct and treatment of detainees who were
reported to have suffered sexual abuse.
(k) Ensuring that the following are published on the Office's website or by other means,
if no website exists:
1. Office policy governing investigations of allegations of sexual abuse and sexual
harassment or the referral of such investigations of sexual abuse or sexual
harassment(unless the allegation does not involve potentially criminal behavior)
(28 CFR 115.22)
2. Information on how to report sexual abuse and sexual harassment on behalf of
an incarcerated person (28 CFR 115.54)
(1) Ensuring audits are conducted pursuant to 28 CFR 115.401 through 28 CFR 115.405
(28 CFR 115.93).
(m) Implementing a protocol requiring mid-level or higher-level supervisors to conduct and
document unannounced inspections to identify and deter sexual abuse and sexual
harassment. The protocol shall prohibit announcing when such inspections are to
occur, unless it is necessary for operational considerations (28 CFR 115.13).
(n) Ensuring agreements with outside investigating agencies include PREA requirements,
including a requirement to keep the Fresno County Sheriffs Office informed of the
progress of the investigation (28 CFR 115.71).
(o) Ensuring that information for uninvolved incarcerated persons, family, community
members, and other interested third parties to report sexual abuse or sexual
harassment is publicly posted at the facility (15 CCR 1029).
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(p) Ensuring the Office conducts follow-up criminal background records checks at least
once every five years on members or contractors who may have contact with
incarcerated persons or has in place a system for otherwise capturing such information
(28 CFR 115.17).
606.5 REPORTING SEXUAL ABUSE, HARASSMENT, AND RETALIATION
Any employee, agency representative, volunteer, or contractor who becomes aware of an incident
of sexual abuse, sexual harassment, or retaliation against incarcerated persons or staff shall
immediately notify a supervisor, who will forward the matter to a sexual abuse investigator (28
CFR 115.61). Staff may also privately report sexual abuse and sexual harassment of incarcerated
persons (e.g., report to the Jail Operations Bureau Commander) (28 CFR 115.51; 15 CCR 1029).
The facility shall provide information to all visitors or third parties on how they may report any
incident, or suspected incident of sexual abuse, or sexual harassment to a staff member(28 CFR
115.54; 15 CCR 1029).
Incarcerated persons may report sexual abuse or sexual harassment incidents anonymously or
to any staff member they choose. Staff shall accommodate all incarcerated person requests to
report allegations of sexual abuse or harassment. Staff shall accept reports made verbally, in
writing, anonymously, or from third parties and shall promptly document all verbal reports (28 CFR
115.51; 15 CCR 1029).
Additionally, incarcerated persons may report abuse, retaliation, or harassment by writing to
the Sheriff's Office Internal Affairs Unit, or by contacting the local Rape Crisis Center at (559)
222-7273.
Threats or allegations of sexual abuse and sexual harassment, or retaliation, regardless of the
source, shall be documented and referred for investigation. Sexual abuse and sexual harassment
reports shall only be made available to those who have a legitimate need to know, and in
accordance with this policy and applicable law (28 CFR 115.61).
If the PREA Coordinator is available, the reporting person should be referred or transferred to
speak directly to the PREA Coordinator.
If the PREA Coordinator is not available, the employee contacted shall document the information
in an email and forward it to the PREA Coordinator(or notify the Watch Commander, if immediate
response is indicated).
606.5.1 REPORTING TO OTHER FACILITIES
If there is an allegation that an incarcerated person was sexually abused while the person was
confined at another facility, the PREA Coordinator shall notify the head of that facility as soon as
possible but not later than 72 hours after receiving the allegation. The PREA Coordinator shall
ensure that the notification has been documented (28 CFR 115.63).
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606.5.2 GRIEVANCES - EXHAUSTION OF ADMINISTRATIVE REMEDIES
(a) Incarcerated persons are not required to use any informal procedure or to otherwise
attempt to resolve with staff, an alleged incident of sexual abuse.
(b) There is no time limitation on when an incarcerated person may submit a grievance
regarding an allegation of sexual abuse.
1. The grievance shall be investigated and processed for review within ninety (90)
days of the initial filing of the grievance.
2. Computation of the 90-day time period shall not include time consumed by
incarcerated persons in preparing any administrative appeal.
3. The response time may be extended up to seventy (70) days, if the normal time
period is insufficient to make an appropriate decision. The incarcerated person
shall be notified in writing of any such extension and provide a date by which
a decision will be made.
4. At any level of the administrative process, if the incarcerated person does not
receive a response within the time allotted for reply, including any properly
noticed extension, the incarcerated person may consider the absence of a
response to be a denial at that level.
(c) Third parties, including fellow incarcerated persons, staff members, family members,
attorneys, and outside advocates, shall be permitted to assist incarcerated persons in
filing requests for administrative remedies relating to allegations of sexual abuse, and
shall also be permitted to file such requests on behalf of incarcerated persons.
1. If a third party files such a request on behalf of an incarcerated person, the
incarcerated person must agree to have the request filed on their behalf, and
must personally pursue any subsequent steps in the administrative remedy
process.
2. If the incarcerated person declines to have the request processed on their behalf,
that decision shall be documented.
(d) An incarcerated person may file an emergency grievance when the incarcerated
person is subject to a substantial risk of imminent sexual abuse
1. After receiving such an emergency grievance, the form shall be forwarded to
a level of review at which corrective action may be taken, provide an initial
response within forty-eight (48) hours, and a decision made within five (5)
calendar days.
2. The initial response and final decision shall document the determination whether
the incarcerated person is in substantial risk of imminent sexual abuse and the
action taken in response to the emergency grievance.
3. An incarcerated person may be disciplined for submitting a grievance related to
alleged sexual abuse only when it can be demonstrated that the incarcerated
person filed the grievance in bad faith.
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606.6 RETALIATION
All incarcerated persons and staff who report sexual abuse or sexual harassment, or who
cooperate with sexual abuse or sexual harassment investigations, shall be protected from
retaliation.
Protective measures, including housing changes, transfers, removal of alleged abusers from
contact with victims, administrative reassignment, or reassignment of the victim or alleged
perpetrator to another housing area, and support services for incarcerated persons or staff who
fear retaliation, shall be utilized (28 CFR 115.67; 15 CCR 1029).
The Jail Administration and Programs Bureau Commander or the authorized designee shall assign
a supervisor to monitor, for at least 90 days, the conduct and treatment of incarcerated persons or
staff who report sexual abuse or sexual harassment, as well as persons who were reported to have
suffered sexual abuse, to determine if there is any possible retaliation. The supervisor shall act
promptly to remedy any such retaliation. The assigned supervisor should consider incarcerated
person disciplinary reports, housing or program changes, negative staff performance reviews, or
reassignment of staff members. Monitoring may continue beyond 90 days if needed. Incarcerated
person monitoring shall also include periodic status checks.The Jail Administration and Programs
Bureau Commander should take reasonable steps to limit the number of people with access to
the names of individuals being monitored and should make reasonable efforts to ensure that staff
members who pose a threat of retaliation are not entrusted with monitoring responsibilities.
If any other individual who cooperates with an investigation expresses a fear of retaliation, the
facility shall take reasonable measures to protect that individual against retaliation (28 CFR
115.67).
606.7 FIRST RESPONDERS
If an allegation of incarcerated person sexual abuse is made, the first correctional officer to
respond shall (28 CFR 115.64):
(a) Separate the parties.
(b) Request medical assistance as appropriate from the on-duty Charge Nurse. If no
qualified health care or mental health professionals are on-duty when a report of recent
abuse is made, staff first responders shall take preliminary steps to protect the victim
and shall immediately notify the appropriate qualified health care and mental health
professionals (28 CFR 115.82).
(c) Establish a crime scene to preserve and protect any evidence. Identify and secure
witnesses until steps can be taken to collect any evidence.
(d) If the time period allows for collection of physical evidence, request that the alleged
victim, and ensure that the alleged abuser, do not take any actions that could
destroy physical evidence (e.g., washing, brushing teeth, changing clothes, urinating,
defecating, smoking, drinking, eating).
(e) Consider whether a change in classification or housing assignment for the victim
is needed or whether witnesses to the incident need protection, both of which may
include reassignment of housing.
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(f) Determine whether the alleged perpetrator should be administratively separated or
administratively transferred during the investigation.
If the first responder is not a correctional officer, the responder shall request the alleged victim
to refrain from any actions that could destroy physical evidence and then immediately notify a
correctional officer.
Should an investigation involve incarcerated persons who have disabilities or who have limited
English proficiency, the first responder shall not rely on incarcerated person interpreters,
incarcerated person readers, or other types of incarcerated person assistants, except in
limited circumstances where an extended delay in obtaining an interpreter could compromise
incarcerated person safety,the performance of first responder duties, or the investigation of sexual
abuse or sexual harassment allegations (28 CFR 115.16).
606.8 SEXUAL ABUSE VICTIMS
Incarcerated persons who are victims of sexual abuse shall be transported to the nearest
appropriate location for treatment of injuries and collection of evidence, and for crisis intervention
services (28 CFR 115.82). Depending on the severity of the injuries, transportation may occur by
a staff member or by ambulance, in either case with appropriate security to protect the staff, the
incarcerated person, and the public, and to prevent escape.
A victim advocate from a rape crisis center should be made available to the victim. If a rape crisis
center is not available, the Office shall make available a qualified member of a community-based
organization, or a qualified health care or mental health professional from the Office, to provide
victim advocate services. Efforts to secure services from a rape crisis center shall be documented.
A rape crisis center refers to an entity that provides intervention and related assistance, such as
the services specified in (34 USC § 12511), to sexual assault victims of all ages. A rape crisis
center that is part of a government unit may be used if it is not part of the criminal justice system
(such as a law enforcement agency) and it offers a level of confidentiality comparable to the level
at a nongovernmental entity that provides similar victim services (28 CFR 115.21).
606.9 EXAMINATION, TESTING, AND TREATMENT
Examination, testing, and treatment shall include the following (15 CCR 1206):
(a) Forensic medical examinations shall be performed as evidentiarily or medically
appropriate, without financial cost to the victim. Where possible, these examinations
shall be performed by Sexual Assault Forensic Examiners (SAFEs) or Sexual Assault
Nurse Examiners (SANE)s. If neither SAFEs nor SANEs are available, other qualified
medical practitioners can perform the examination. The Office shall document its
efforts to provide SAFEs or SANEs (28 CFR 115.21).
(b) If requested by the victim, a victim advocate, a qualified Office staff member, or a
qualified community organization staff member shall accompany the victim through
the forensic medical examination process and investigatory interviews. That person
will provide emotional support, crisis intervention, information, and referrals (28 CFR
115.21).
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(c) Provisions shall be made for testing the victim for sexually transmitted diseases (28
CFR 115.82).
(d) Counseling for the treatment of sexually transmitted diseases, if appropriate, shall be
provided.
(e) Victims shall be offered information about, and given access to, emergency
contraception, prophylaxis for sexually transmitted infections, and follow-up treatment
for sexually transmitted diseases (28 CFR 115.82;28 CFR 115.83). This shall be done
in a timely manner.
(f) Victims of sexually abusive vaginal penetration while incarcerated shall be offered
pregnancy tests. If pregnancy results from the abuse, such victims shall receive
comprehensive information about, and access to, all lawful pregnancy-related medical
services (28 CFR 115.83). This shall be done in a timely manner.
(g) Victims shall be provided with follow-up services, treatment plans, and, when
necessary, referrals for continued care following their transfer to, or placement in,other
facilities, or their release from custody (28 CFR 115.83).
(h) Treatment services shall be provided to the victim without financial cost and regardless
of whether the victim names the abuser or cooperates with any investigation arising
out of the incident (28 CFR 115.82; 28 CFR 115.83).
(i) The health authority or mental health staff shall obtain informed consent from
incarcerated persons before reporting information to jail staff about prior sexual
victimization that occurred somewhere other than an institutional setting unless the
incarcerated person is under the age of 18 (28 CFR 115.81).
Q) Medical and mental health practitioners shall ensure that information related to sexual
victimization that occurred in an institutional setting is limited to medical and mental
health practitioners and other staff unless it is necessary to inform jail staff about
security or management decisions (28 CFR 115.81).
606.10 SEXUAL ABUSE AND SEXUAL HARASSMENT INVESTIGATIONS
An administrative investigation, criminal investigation or both shall be completed for all allegations
of sexual abuse and sexual harassment (28 CFR 115.22). Administrative investigations shall
include an effort to determine whether the staff's actions or inaction contributed to the abuse. All
administrative and/or criminal investigations shall be documented in written reports that include a
description of the physical and testimonial evidence,the reasoning behind credibility assessments,
and investigative facts and findings. Only investigators who have completed Office-approved
training on sexual abuse and sexual harassment investigation shall be assigned to investigate
these cases (28 CFR 115.71).
When practicable, an investigator of the same gender as the victim should be assigned to the
case. Sexual abuse and sexual harassment investigations should be conducted promptly and
continuously until completed. Investigators should evaluate reports or threats of sexual abuse and
sexual harassment without regard to an incarcerated person's sexual orientation, physical gender,
or gender identity. Investigators should not assume that any sexual activity among incarcerated
persons is consensual.
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The departure of the alleged abuser or victim from the employment or control of the jail or Office
shall not provide a basis for terminating an investigation (28 CFR 115.71).
If the investigation is referred to another agency for investigation, the Office shall request that the
investigating agency follow the requirements as provided in 28 CFR 115.21 (a) through (e). The
referral shall be documented.The Office shall cooperate with the outside agency investigation and
shall request to be informed about the progress of the investigation (28 CFR 115.71) If criminal
acts are identified as a result of the investigation, the case shall be presented to the appropriate
prosecutor's office for filing of new charges (28 CFR 115.71).
Evidence collection shall be based on a uniform evidence protocol that is adapted from or
otherwise based on the most recent edition of the DOJ's Office on Violence Against Women
publication, "A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/
Adolescents," or similarly comprehensive and authoritative protocols developed after 2011 (28
CFR 115.21).
The credibility of an alleged victim, suspect, or witness shall be assessed on an individual basis
and shall not be determined by the person's status as incarcerated person or staff.
If it is determined that an incarcerated person's allegations are false, the incarcerated person may
be subject to disciplinary action. A charge of "making a false report of a crime" is appropriate if
evidence discovered during the investigation would support that charge.
Incarcerated persons alleging sexual abuse shall not be required to submit to a polygraph
examination or other truth-telling device as a condition for proceeding with an investigation (28
CFR 115.71).
If a victim considered a vulnerable adult under state law, the assigned investigator shall report the
allegation to the designated social services agency as required (28 CFR 115.61).
606.10.1 INVESTIGATIVE FINDINGS
All completed written investigations shall be forwarded to the Jail Administration and Programs
Bureau Commander or, if the allegations may reasonably involve the Jail Administration and
Programs Bureau Commander, to the Sheriff. The Jail Administration and Programs Bureau
Commander or Sheriff shall review the investigation and determine whether any allegations of
sexual abuse or sexual harassment have been substantiated by a preponderance of the evidence
(28 CFR 115.71; 28 CFR 115.72).
The staff shall be subject to disciplinary actions, up to and including termination, for violating
this policy. Termination shall be the presumptive disciplinary action for staff members who have
engaged in sexual abuse.All discipline shall be commensurate with the nature and circumstances
of the acts committed, the staff member's disciplinary history, and the actions imposed for
comparable offenses by other staff with similar histories.
All terminations for violations of sexual abuse or sexual harassment policies, or resignations by
staff who would have been terminated if not for their resignation, shall be reported to the law
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enforcement agency that would handle any related investigation and to any relevant licensing
bodies (28 CFR 115.76).
606.10.2 REPORTING TO INCARCERATED PERSONS
The Jail Administration and Programs Bureau Commander or the authorized designee shall
inform a victim incarcerated person in writing whether an allegation has been substantiated,
unsubstantiated, or unfounded. If the Office did not conduct the investigation, the Office shall
request relevant information from the investigative agency in order to inform the incarcerated
person.
If a staff member is the accused (unless the Office has determined that the allegation is
unfounded), the incarcerated person shall also be informed whenever:
(a) The staff member is no longer assigned to the incarcerated person's unit or employed
at the facility.
(b) The Office learns that the staff member has been indicted or convicted on a charge
related to sexual abuse within the facility.
If another incarcerated person is the accused, the alleged victim shall be notified whenever the
Office learns that the alleged abuser has been indicted or convicted on a charge related to sexual
abuse within the facility.
All notifications or attempted notifications shall be documented. When notification is made while
the incarcerated person is in custody, the incarcerated person will sign a copy of the notification
letter. The letter will be added to the case file (28 CFR 115.73).
606.11 SEXUAL ABUSE AND SEXUAL HARASSMENT BETWEEN STAFF AND
INCARCERATED PERSONS
Sexual abuse and sexual harassment between staff, volunteers or contract personnel and
incarcerated persons is strictly prohibited. The fact that an incarcerated person may have initiated
a relationship or sexual contact is not recognized as a defense to violating this policy.
Any incident involving allegations of staff-on-incarcerated person sexual abuse or sexual
harassment shall be referred to the Internal Affairs Unit for investigation.
606.11.1 SEXUAL ABUSE BY CONTRACTOR OR VOLUNTEER
Any contractor or volunteer who engages in sexual abuse within the facility shall be immediately
prohibited from having any contact with incarcerated persons. The contractor or volunteer shall
be promptly reported to the law enforcement agency that would investigate such allegations and
brought to the attention of any relevant licensing bodies (28 CFR 115.77).
606.12 PROTECTIVE CUSTODY
Incarcerated persons at high risk for sexual victimization shall not be placed in involuntary
protective custody unless an assessment of available alternatives has been made and it has been
determined that there is no reasonably available alternative means of separation. Incarcerated
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persons may be held in involuntary protective custody for less than 24 hours while an assessment
is completed.
If an involuntary protective custody assignment is made because of a high risk for victimization,
the Jail Administration and Programs Bureau Commander shall clearly document the basis for the
concern for the incarcerated person's safety and the reasons no alternative means of separation
can be arranged (28 CFR 115.43).
The Office shall assign these persons to involuntary protective custody only until an alternative
means of separation from likely abusers can be arranged, not ordinarily in excess of 30 days.
Incarcerated persons placed in temporary protective custody shall continue to have reasonable
access to programs, privileges, education, and work opportunities. If restrictions are put in place,
the Jail Administration and Programs Bureau Commander shall document the following:
(a) The opportunities that have been limited
(b) The duration of the limitation
(c) The reasons for such limitations
Every 30 days, the Jail Administration and Programs Bureau Commander shall afford each such
incarcerated person a review to determine whether there is a continuing need for protective
custody (28 CFR 115.43).
606.13 SEXUAL ABUSE INCIDENT REVIEW
An incident review shall be conducted at the conclusion of every sexual abuse investigation unless
the allegation has been determined to be unfounded (28 CFR 115.86). The review should occur
within 30 days of the conclusion of the investigation.
The review team shall include the Jail Command Staff(Captains and Lieutenants) and seek input
from line supervisors, investigators, and qualified health care and/or mental health professionals,
as appropriate:
(a) Consider whether the investigation indicates a need to change policy or practice in
order to better prevent, detect, or respond to sexual abuse.
(b) Consider whether the incident or allegation was motivated by race; ethnicity; gender
identity; lesbian, gay, bisexual, transgender, or intersex identification status or
perceived status; gang affiliation; or other group dynamics at the facility.
(c) Examine the area in the facility where the incident allegedly occurred to assess
whether physical barriers may enable abuse.
(d) Assess the adequacy of staffing levels in the area during different shifts.
(e) Assess whether monitoring technology should be deployed or augmented to
supplement supervision by staff.
(f) Prepare a written report of the team's findings, including but not limited to
determinations made pursuant to paragraphs (a)-(e) of this section, and any
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recommendations for improvement. The report should be submitted to the Sheriff and
the PREA coordinator.
The Jail Administration and Programs Bureau Commander or the authorized designee shall
implement the recommendations for improvement or document the reasons for not doing so.
606.14 DATA REVIEWS
This PREA Coordinator shall conduct an annual review of collected and aggregated incident-
based sexual abuse data.The purpose of these reviews is to assess and improve the effectiveness
of sexual abuse prevention, detection, and response policies, practices, and training by:
(a) Identifying problem areas.
(b) Identifying corrective actions taken.
(c) Recommending corrective actions.
(d) Comparing current annual data and corrective actions with those from prior years.
(e) Assessing the Office's progress in addressing sexual abuse.
The data collected shall include, at a minimum, the data necessary to answer all questions from
the most recent version of the Survey of Sexual Violence conducted by the Department of Justice
(DOJ). Upon request, the data for the previous calendar year shall be provided to the DOJ no
later than June 30.
The data collected shall be maintained for at least ten (10) years after the date of the initial
collection. Destruction after that time may only be authorized by the Fresno County Board of
Supervisors pursuant to Government Code Section 26202.
An annual report shall be prepared by the PREA Coordinator and shall include a comparison of
the current year's data and corrective actions with those from prior years, and shall provide an
assessment of the progress made in addressing sexual abuse. The report shall be made available
on the Sheriff's website.
During each one-year period, at least one-third of all Sheriffs Office detention facilities shall be
audited. The auditor's final report shall be published on the Sheriff's website, or otherwise made
readily available to the public.
The reports shall be approved by the Jail Administration and Programs Bureau Commander and
made available through the Office website. Material may be redacted from the reports when
publication would present a clear and specific threat to the safety and security of the facility.
However, the nature of the redacted material shall be indicated (28 CFR 115.88).
All aggregated sexual abuse data from Fresno County Sheriff's Office facilities and private facilities
with which it contracts shall be made available to the public at least annually through the Office
website. Before making aggregated sexual abuse data publicly available, all personal identifiers
shall be removed (28 CFR 115.89).
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606.15 RECORDS
All case records and reports associated with a claim of sexual abuse and sexual harassment,
including incident reports, investigative reports, offender information, case disposition, medical
and counseling evaluation findings, and recommendations for post-release treatment or
counseling shall be retained in accordance with confidentiality laws.
The Office shall retain all written reports from administrative and criminal investigations pursuant
to this policy for as long as the alleged abuser is held or employed by the Office, plus five years
(28 CFR 115.71).
All other data collected pursuant to this policy shall be securely maintained for at least 10 years
after the date of the initial collection, unless federal, state or local law requires otherwise (28 CFR
115.89).
The Facility Sergeant shall ensure that the victim of a sex offense (pursuant to GC 6254(f)(2)) is
informed that his/her name will become a matter of public record unless he/she requests that it
not become a matter of public record, pursuant to PC 293(a).
(a) The advisement and the victim's response shall be memorialized in the incident report.
(b) If the victim has requested confidentiality, ***CONFIDENTIAL*** shall be typed on the
first line in the body of the report. The incarcerated person's name will still be used,
but cannot be released except to specified persons as authorized by law. Any written
report concerning the offense must indicate that the victim requested confidentiality of
his/her name pursuant to PC 293(a).
(c) The Watch Commander shall ensure that a copy of the report is forwarded to the
PREA Coordinator.
606.16 REFERENCE
See the following for further guidance:
PREA PROCEDURES
See attachment: PREA Addendum A - Sexual Assault Victim Assistance Checklist.pdf
See attachment: PREA Addendum B - Flowchart.pdf
See attachment: PREA Addendum C1 - Sexual Assault Poster - English 2025.pdf
See attachment: PREA Addendum C2 - Sexual Assault Poster - Espanol 2015.pdf
See attachment: PREA Addendum C3 - Sexual Assault Poster - Hmong 2015.pdf
See attachment: PREA Addendum D1 - Volunteer.pdf
See attachment: PREA Addendum D2 - Contractor.pdf
See attachment: PREA Addendum D3 - Employee.pdf
See attachment: PREA Addendum E - Vulnerability Assessment form.pdf
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Policy Fresno County Sheriff's Office
608 Custody Policy Manual
Nondiscrimination
608.1 PURPOSE AND SCOPE
The constitutional rights of persons regarding discrimination are protected during incarceration.
These protections extend to administrative decisions ( e.g., classification, access to programs,
availability of services). This policy is intended to guide the staff toward nondiscriminatory
administrative decisions and to detail an incarcerated person complaint and discrimination
investigation process.
608.2 POLICY
All decisions concerning incarcerated persons housed at this facility shall be based on reasonable
criteria that support the health, safety, security, and good order of the facility.
608.3 DISCRIMINATION PROHIBITED
Discriminating against an incarcerated person based upon actual or perceived race, ethnicity,
national origin, religion, sex, sexual orientation, gender identity or expression, age, disability,
pregnancy, genetic information, veteran status, marital status, and any other classification or
status protected by law is prohibited.
Reasonable and comparable opportunities for participation in services and programs including
vocational, educational, and religious programs shall be made available to incarcerated persons
in a nondiscriminatory manner.
The Jail Operations Bureau Commander should periodically conduct interviews with incarcerated
persons and staff members to identify and resolve potential problem areas related to discrimination
before they occur.
608.4 INCARCERATED PERSONS REPORTING DISCRIMINATION
Incarcerated persons who wish to report an allegation of discrimination may communicate with
facility management in any way, including:
(a) Confidential correspondence addressed to any Jail Operations Bureau Commander
or the Sheriff or other government official, including the courts or legal representative.
(b) Verbally to any supervisor or other staff member of these facilities.
608.4.1 HANDLING COMPLAINTS OF DISCRIMINATION
Staff shall promptly forward all written allegations of discrimination by incarcerated persons to
the Watch Commander. If the allegation is presented verbally, the receiving staff member shall
prepare an incident report identifying the circumstances prompting the allegation, the individuals
involved, and any other pertinent information that would be useful to investigating the allegation.
Unless the complaint submitted by the incarcerated person is clearly identified as confidential and
addressed to a Jail Bureau Commander, Sheriff, or other official, the Watch Commander shall
review the complaint and attempt to resolve the issue. In any case, the Watch Commander shall
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document the circumstances of the allegation and what actions, if any,were taken to investigate or
resolve the complaint.All reports of alleged discrimination shall be forwarded to the Jail Operations
Bureau Commander for review and further investigation or administrative action as needed.
Administrative evaluations and response to allegations of discrimination shall be based upon
objective criteria:
(a) The incarcerated person's classification
(b) The incarcerated person's criminal history
(c) Current and past behavior and disciplinary history
(d) Housing availability
(e) The availability of programs
(f) The ability to safely provide the requested services
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Policy Fresno County Sheriff's Office
609 Custody Policy Manual
Grievances
609.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a process by which incarcerated persons may file
grievances and receive a formal review regarding the conditions of their confinement (15 CCR
1073).
609.2 POLICY
It is the policy of this Office that any incarcerated person may file a grievance relating to conditions
of confinement, which includes release date, housing, medical care, discrimination/violations
of ADA, food services, hygiene, sanitation needs, out of cell time opportunities, classification
actions, disciplinary actions, program participation, telephone and mail use procedures, visiting
procedures, and allegations of sexual abuse. Resolutions will be prompt and equitable for verified
issues raisedt.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), III.D.1.
Grievances will not be accepted if they are challenging the rules and policies, state or local laws,
court decisions, and probation/parole actions. The Sheriff's Office does not accept or process
grievances against arresting agencies, judges, courts, or other institutional facilities or agencies
outside the jurisdiction of the Fresno County Sheriffs Office.
Retaliation for use of the grievance system is prohibited.
609.3 ACCESS TO THE GRIEVANCE SYSTEM
All incarcerated persons shall be provided with a grievance process for resolving complaints
arising from facility matters with at least one level of appeal. Incarcerated people may utilize
the grievance procedure regardless of their disciplinary status, housing location, or classification.
Appropriate provisions shall be made to ensure those who are not fluent in English, persons
with disabilities, those with low literacy levels, the elderly, and the mentally ill have access to the
grievance procedure.
Incarcerated persons will receive information concerning the grievance procedure during the
orientation process. Information will also be contained in the incarcerated persons handbook.
Information regarding the grievance process will be provided to incarcerated persons in the
language they understand.
The information will include (15 CCR 1073):
(a) A grievance form or instructions for registering and appealing a grievance, including
relevant dates.
(b) A process for submission and handling of anonymous grievances.
(c) Instructions for the resolution of the grievance at the lowest appropriate staff level.
(d) The appeal process to the next level of review.
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Grievances
(e) Written reasons for denial of a grievance at each level of review.
(f) A provision for a non-automated initial response within a reasonable time limit which
shall not exceed a period of 15 calendar days.
(g) A provision for resolving questions of jurisdiction within the facility.
(h) Provisions for providing a copy of the grievance, appeal, response, and related
documents to the incarcerated person.
(i) Consequences for abusing the grievance system.
609.4 GRIEVANCE PROCEDURES
Members shall attempt to informally resolve all grievances at the lowest level. All attempts to
resolve a grievance shall be documented in the incarcerated person's file. If there is no resolution
at this level, the incarcerated person may request a grievance form.
Pursuant to the Prison Litigation Reform Act of 1996(PLRA), incarcerated people must completely
exhaust the Jail's internal grievance and appeals processes prior to filing any complaint (i.e., writ)
with the court.
The incarcerated person should be advised to complete the form and return it to any member or
submit it electronically. A grievance should be filed by an incarcerated person within 14 days of
the complaint or issue.
Incarcerated people are not required to use the formal grievance procedure to submit a verbal or
written emergency complaint.An emergency is a condition which, if processed through the normal
grievance timeframes, would subject the incarcerated person to a substantial risk of personal
injury, or cause other serious and irreparable harm. Any emergency complaint received by staff
shall be forwarded immediately, without substantive review, to the level at which corrective action
can be taken.
Incarcerated persons cannot file a grievance on behalf of another incarcerated person but an
incarcerated person may assist another incarcerated person in the preparation of a grievance.
Members may take reasonable steps to assist the incarcerated person in the preparation of a
grievance, if requested.
Upon receiving a completed grievance form, the member shall acknowledge receipt of the
grievance by signing the form and giving a copy to the incarcerated person.The member receiving
the form shall gather all associated paperwork and reports and immediately forward them to the
appropriate inbox. Correctional staff shall review grievances to identify requests for reasonable
accommodations and allegations of disability-based discrimination or violations of the ADA.
All ADA related complaints (resolved and unresolved) shall be forwarded to the ADA Unit to
investigate the complaints and provide substantive responsest.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), III.D.2-3.
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Staff receiving a grievance that describes an activity that may be in violation of the Prison Rape
Elimination Act of 2003 (PREA) shall immediately notify the on-duty Watch Commander. (See
below)
Incarcerated people may file grievances and appeals directly to the Bureau Commander when
the content of the grievance is of a nature that would pose a threat to the safety of the individual,
staff, or other incarcerated people if the grievance were filed through established procedures.
Incarcerated people may not grieve the decision on a previous grievance regarding the same
matter (i.e., the results of a grievance may not be grieved).
609.4.1 EXCEPTION TO INITIAL GRIEVANCE FILING
Incarcerated persons may request to submit the grievance directly to a supervisor or mail it directly
to a Jail Bureau Commander if they reasonably believe the issues to be grieved are sensitive or
that their safety would be in jeopardy if the contents of the grievance were to become known to
other incarcerated persons.
Incarcerated persons may place their grievance in a sealed envelope labeled "Grievance" and
submit it to any correctional staff member. These envelopes will be delivered directly to the
appropriate Jail Bureau Commander inbox.
609.4.2 TIMELY RESOLUTION OF GRIEVANCES
Upon receiving a completed incarcerated person grievance form, the appropriate supervisor shall
ensure that the grievance is investigated and resolved or denied in a timely manner, as established
by the Jail Administration and Programs Bureau Commander. The supervisor shall assign the
investigation of the grievance to the manager in charge of the area the incarcerated person is
grieving.
Grievances related to medical care should be investigated by the Responsible Physician or the
authorized designee. The findings of that investigation, along with any recommendations, shall be
forwarded to the Watch Commander. Appeals shall be forward to the Jail Medical and Services
Bureau Commander as the final level of appeal.
Incarcerated persons with disabilities may complete an incarcerated person grievance form to
contest any disability-based discrimination or violations of the ADA. The ADA Coordinator shall
ensure that a prompt and equitable resolution is provided to each issue raised.
Grievances related to food matters should be investigated by the Services Unit.The findings of that
investigation, along with any recommendations, shall be forwarded to the Jail Services Lieutenant.
Appeals shall be forwarded to the Jail Medical and Services Bureau Commander as the final level
of appeal.
Grievances related to censored or rejected mail should be investigated by a member who was not
involved in the decision. The findings of that investigation, along with any recommendations, shall
be forwarded to the Population Management Lieutenant. Appeals shall be forwarded to the Jail
Operations Bureau Commander as the final level of appeal.
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Grievances
Other grievances relating to programs or other services provided by the Office shall be investigated
by the Administration and Programs Sergeant. Findings relating to the investigation,along with any
recommendations, will be forwarded to the Jail Administration and Programs Lieutenant. Appeals
shall be forwarded to the Jail Administration and Programs Bureau Commander as the final level
of appeal.
A grievance may be denied on procedural grounds, without addressing the substantive issues.
Whenever a submission is rejected, the incarcerated person shall be provided a written notice
explaining the reason for the rejection.
609.4.3 APPEALS TO GRIEVANCE FINDINGS
ncarcerated persons may appeal the finding of a grievance to a Jail Bureau Commanderas the final
level of appeal within five days of receiving the findings of the original grievance. The Jail Bureau
Commander will review the grievance and either confirm or deny it. If the Jail Bureau Commander
confirms the grievance, corrective actions will be initiated. In either case, the incarcerated person
shall receive a written response to the appeal.
Appeals related to sexual abuse allegations shall be confirmed or denied by a Jail Bureau
Commander within 10 calendar days.
609.4.4 EMERGENCY GRIEVANCES
Incarcerated persons may file an emergency grievance to address issues that could subject the
incarcerated person to immediate substantial risk of personal injury or cause other serious and
irreparable harm, as defined by the Jail Operations Bureau Commander.An emergency grievance
may be submitted to any member and forwarded immediately without substantive review to the
Watch Commander.
The Watch Commander should promptly initiate an investigation or direct the manager responsible
for the program or service to commence an investigation. The Watch Commander should produce
or receive findings and recommendations from the investigation within 48 hours of receipt of
the grievance and communicate the resolution to the incarcerated person immediately. The
incarcerated person may appeal the decision to the Jail Operations Bureau Commander within
24 hours of notification, and the Jail Operations Bureau Commander will communicate the final
decision within 24 hours of receipt of the appeal.
609.4.5 RECORDING GRIEVANCES
The Jail Administration and Programs Bureau Commander should maintain a grievance log in
a central location accessible to all supervisors. The staff member who originally receives the
grievances shall record them on the grievance log. Periodic reviews of the log should be made
by the Jail Administration and Programs Bureau Commander or the authorized designee to
ensure that grievances are being handled properly and in a timely manner. A copy of each
grievance should be filed in the incarcerated person's official record and maintained throughout
the incarcerated person's period of incarceration.
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The original grievance should be retained in a file maintained by the Jail Administration and
Programs Bureau Commander or the authorized designee, and shall be retained in accordance
with established records retention schedules.
609.4.6 FRIVOLOUS GRIEVANCES
Incarcerated persons shall use the grievance process only for legitimate problems or complaints.
If there is concern that an incarcerated person is abusing the grievance process, the person shall
be informed that continued behavior may result in disciplinary action and possibly the loss of the
ability to submit grievances.
609.4.7 REVIEW OF GRIEVANCES
The Jail Administration and Programs Bureau Commander or the authorized designee shall
conduct a quarterly review of grievances, responses, and appeals (15 CCR 1073).
609.5 GRIEVANCE AUDITS
The Jail Administration and Programs Bureau Commander should perform an annual audit of
all incarcerated person grievances and complaints filed the previous calendar year. The Jail
Administration and Programs Bureau Commander should forward a memorandum to the Sheriff
detailing the findings, including recommendations regarding any changes to policy or procedures
or any additional training that might be warranted to reduce future complaints. Specific identifying
information regarding dates, times, or individuals named in the complaints is not part of this
process and should not be included in the memorandum.
The Sheriff should evaluate the recommendations and ensure appropriate action is taken.
Any training issues identified as a result of this audit should be forwarded to the Training Unit,who
will be responsible for ensuring all necessary and required training is scheduled and completed.
609.6 ADDITIONAL PROVISIONS FOR GRIEVANCES RELATED TO SEXUAL ABUSE
The following apply to grievances that relate to sexual abuse allegations (28 CFR 115.52; 15 CCR
1029):
(a) Incarcerated persons may submit a grievance regarding an allegation of sexual abuse
at any time.
(b) Third parties, including fellow incarcerated persons, staff members, family members,
attorneys, and outside advocates, are permitted to assist incarcerated persons in filing
such grievances and to file such grievances on behalf of incarcerated persons if the
incarcerated person agrees to have the grievance filed on the person's behalf. Staff
members who receive a grievance filed by a third party on behalf of an incarcerated
person shall inquire whether the incarcerated person wishes to have the grievance
processed and shall document the incarcerated person's decision.
(c) Grievances may be submitted to any staff member and need not be submitted to the
member who is the subject of the complaint
(d) Staff receiving a grievance shall forward the grievance to a supervisor. Grievances
shall not be forwarded to any supervisor who is the subject of the complaint. The
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supervisor receiving the grievance shall refer the grievance to the Watch Commander
for investigation. Incarcerated persons and staff are not required to attempt to
informally resolve grievances related to sexual abuse.
(e) The Watch Commander shall ensure that grievances related to sexual abuse are
investigated and resolved within 90 days of the initial filing. The Watch Commander
may grant an extension of up to 70 days if reasonable to make an appropriate decision.
If an extension is granted, the incarcerated person shall be notified and provided a
date by which a decision will be made.
(f) At any level of the process, including the appeal, if the incarcerated person does not
receive a response within the allotted time, including any properly noticed extension,
the incarcerated person may consider the absence of a response to be a denial at
that level.
(g) Incarcerated persons may be disciplined for filing a false grievance related to alleged
sexual abuse only when it is determined that the incarcerated person filed the
grievance in bad faith.
609.6.1 EMERGENCY GRIEVANCES RELATED TO SEXUAL ABUSE
Any incarcerated person who believes the person or any other incarcerated person is in substantial
risk of imminent sexual abuse may file an emergency grievance with any supervisor. The
supervisor shall determine whether immediate action is reasonably necessary to protect the
incarcerated person and shall provide an initial response within 48 hours.
The supervisor shall refer the grievance to the Watch Commander, who will investigate and issue
a final decision within five calendar days.
The initial response and final decision shall be documented and shall include a determination
whether the incarcerated person is in substantial risk of imminent sexual abuse and identify actions
taken in response to the emergency grievance (28 CFR 115.52).
609.7 TRAINING
The Training Unit shall ensure that all members receive initial and periodic training regarding all
aspects of this policy. All training delivered should include testing to document that the member
understands the subject matter.
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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 102— 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).
Jail Medical and the Office shall develop and implement standardized procedures that provide
coordination between correctional and medical staff such that patients receive safe and timely
access to care and medicationst. The Office shall deliver adequate health care to comply with
this Remedial Plant. The Office shall employ adequate numbers of correctional staff to assist
with medication administration and the movement of incarcerated people to receive health care
servicest
.
tHall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.A.4.
tHall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.B.1-2.
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.
All nursing sick call encounters shall occur in a room with an examination table, sink, proper
lighting, proper equipment, and with a medical recordt.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.F.3.
When a clinician follow-up is necessary for diagnosis and treatment of an incarcerated person's
condition, they shall be referred to a physician, physician's assistant, or nurse practitioner for a
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Access to Health Care
face-to-face evaluation that takes place immediately for emergent concerns, within 24 hours for
urgent concerns, and within 14 days for non-emergent or non-urgent concernst.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.F.4.
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
Health service request forms shall be made available to incarcerated people by Jail Medical.
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.1-2.
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.
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
702 Custody Policy Manual
Non-Emergency Health Care
702.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a twice dailyttriage of incarcerated person requests for
health care services. This is to ensure that the health needs of the population are addressed in
a timely manner.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.F.2.a
702.2 POLICY
It is the policy of this Office to provide twice daily access to qualified health care professionals in
orderfor incarcerated people to request medical services (15 CCR 1200).All health care requests
will be documented, triaged, and referred appropriately by medical staff. Qualified health care
professionals will conduct sick call and clinics for health care services on a scheduled basis to
ensure a timely response to requests for medical services (15 CCR 1211).
The Responsible Physician, in coordination with the Jail Medical and Services Bureau
Commander or the authorized designee, is responsible for developing a process that includes:
(a) A process for incarcerated persons to request health services on a twice daily basis.
(b) A priority system for health care services to acquire and address requests for routine
health care, and for urgent or emergent injuries, illnesses, and conditions.
(c) Making health care request forms available in each housing unit and to all incarcerated
persons upon request.
(d) A system in which health care requests are documented, triaged, and referred
appropriately.
(e) Restrictions that prohibit unqualified health care staff from diagnosing or treating an
illness.
702.3 HEALTH CARE REQUESTS
During the collection of health care requests from incarcerated persons, care should be taken to
protect the confidentiality of the person and the nature of the health issue. The collector shall date
and initial the request when the collection takes place. The requests shall be triaged to determine
the priority of need and the proper place for health care to be delivered.
Incarcerated persons will be instructed on how to obtain medical services during the orientation
process and in the Jail Orientation Handbook. Incarcerated persons shall submit a medical request
form to the housing unit Iockbox or a nurset.
Incarcerated persons with disabilities should be provided with appropriate assistance or
accommodation to ensure they are able to request health care services.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.F.1.
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Non-Emergency Health Care
702.4 TRIAGE OF HEALTH CARE REQUESTS
Qualified health care professionals shall perform a twice daily triage. Sick call shall be available
to incarcerated persons at least five days a week and shall be performed by a qualified health
care professional.
Qualified health care professionals should schedule incarcerated persons in need of specialized
treatment depending on the availability of the providers' clinic. The qualified health care
professional shall schedule the incarcerated person's referral in their electronic medical record.
The frequency and duration of sick call should be sufficient to meet the needs of the incarcerated
person (15 CCR 1211).
702.5 REQUESTS FOR OUTSIDE MEDICAL CARE
Incarcerated persons who request access to health care services outside the facilities may do
so with advance authorization from the Jail Medical and Services Bureau Commander or their
authorized designee. The person shall be required to provide proof of sufficient private funds
available to pay for all costs associated with transportation to the off-site facility and all costs
associated with the medical services,diagnostics,treatment plans, medications, or any other costs
associated with off-site medical care.
702.6 REFERENCE
See the following for further guidance:
NON-EMERGENCY HEALTH CARE SERVICES PROCEDURES
MENTAL HEALTH SCREENING AND EVALUATIONS
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Policy Fresno County Sheriff's Office
703 Custody Policy Manual
Referrals and Coordination of Specialty Care
703.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a process for referring incarcerated persons who need
health care or specialty care that is beyond the resources available in the facilities.
703.2 POLICY
It is the policy of the Fresno County Sheriff's Office - Custody Division that incarcerated persons
have access to necessary hospitalization and specialty services for serious medical needs. These
facilities will provide, either directly or through contracted sources, specialty care and emergency
medical services to incarcerated persons when the need is determined by the Responsible
Physician (15 CCR 1206(b); 15 CCR 1206(c)).
All specialty care appointments shall be tracked in a log that records the referral date, the date
the referral was sent to the clinic, the date the appointment was confirmed, and any rescheduling
or cancellations, along with the reason for such changes. Those whose specialty appointments
are scheduled beyond three months shall be evaluated monthly by a physician, physician's
assistant, or nurse practitioner to determine if an urgent evaluation is necessary. Additionally,
specialty consultant arrangements for pulmonology and ophthalmology shall be developed to
ensure access to necessary caret.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), 1.1.1-3.
703.3 JAIL OPERATIONS BUREAU COMMANDER RESPONSIBILITY
The Jail Medical and Services Bureau Commander or the authorized designee, in coordination
with the Responsible Physician, is responsible for establishing written agreements with outside
specialty health care services for emergency and urgent care that is not available within the
facilities.
703.4 REFERRAL TO OFF-SITE MEDICAL CARE
A qualified health care professional shall evaluate the incarcerated person, and if indicated, shall
recommend specialty appointments in writing in the incarcerated person's medical record. A
referral form should be completed and any supporting documentation attached.The written referral
shall be reviewed and authorized, if appropriate, by the Responsible Physician.
703.5 OFF-SITE COORDINATION
The qualified health care professional is responsible for recommending off-site medical and
psychiatric care for incarcerated persons, coordinating outside appointments, and notifying
supervisory custody staff of off-site transportation needs.
Any conflicts that arise regarding off-site consultation trips will be communicated by the
correctional officer responsible for transportation to the Responsible Physician and the Jail Medical
and Services Bureau Commander or the authorized designee so that modifications may be made.
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The jail medical provider shall keep a log of missed appointments (15 CCR 1206(c); 15 CCR
1206(n)).
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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.
704.4.1 CPR REQUIREMENTS
The Jail Operations Bureau Commander and the Training Unit shall develop CPR procedures for
correctional officers consistent with the provisions in 15 CCR 1028, including:
(a) Acceptable CPR methods and application.
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(b) Requiring all correctional officers to be CPR-certified and to begin CPR on a
nonresponsive person without obtaining approval from a supervisors or medical staff
when it is safe and appropriate to do so.
(c) Requiring correctional officers to immediately call for medical aid and administer
CPR to nonresponsive individuals unless CPR is contraindicated by known medical
conditions.
(d) Instructing correctional officers to use personal protective equipment (PPE) when
possible to minimize exposure to bodily fluids and pathogens.
(e) Instructing correctional officers in situations where imminent physical danger prevents
the safe administration of CPR, correctional officers shall initiate or resume CPR as
soon as the threat is resolved or the nonresponsive individual is safely removed from
danger, provided medical assistance has not yet arrived.
(f) Continuing CPR, absent imminent physical danger, until the nonresponsive person
shows signs of life, such as breathing or movement, or until health care professionals
take over.
(g) Deferring CPR to health care professionals or alternative medical responders if they
are present when a person is nonresponsive.
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):
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.
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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, 15 CCR 184, and 15 CCR 1028.
(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 and
certifications achieved shall be maintained in each qualified health care professional or staff
member training file in accordance with established records retention schedules.The Responsible
Physician should be bound by similar requirements in the contractual language between the Office
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
705 Custody Policy Manual
Health Care for Pregnant Incarcerated Persons
705.1 PURPOSE AND SCOPE
The purpose of this policy is to establish prenatal and postpartum health care services for
incarcerated persons who are pregnant. Services may include assistance recovering from the
effects of potentially unhealthy lifestyles and a lack of previous adequate medical care. This policy
is intended to protect the health of the pregnant person and the fetus.
705.2 POLICY
It is the policy of this Office that a qualified health care professional should provide comprehensive
prenatal and postpartum care for all pregnant persons during their incarceration.
All pregnant and postpartum incarcerated persons shall receive appropriate timely, culturally
responsive,and medically accurate and comprehensive care, evaluation, and treatment of existing
or newly diagnosed chronic conditions, including mental health disorders and infectious diseases
(Penal Code § 4023.8).t
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.D.13.
705.3 ADVISEMENT AND COUNSELING
Incarcerated persons who are pregnant shall be advised of the provisions of this policy manual,
the Penal Code, and the standards established by the Board of State and Community Corrections
related to pregnant incarcerated persons (Penal Code § 3407(e); 15 CCR 1058.5).
A qualified health care professional or counselor shall provide comprehensive and unbiased
counseling and information to pregnant incarcerated persons regarding their options, including but
not limited to prenatal health care, adoption, and abortion. Staff shall not urge, force, or otherwise
influence a pregnant incarcerated person's decision (15 CCR 1206(f); Penal Code§4023.5; Penal
Code § 4023.8(b)).
Pregnant incarcerated persons shall also be referred to a social worker regarding options for
feeding, placement, and care of the child after birth, including the benefits of lactation (Penal Code
§ 4023.8(k)).
705.4 BOOKING - PREGNANCY SCREENING
When booking an incarcerated person who is identified as possibly pregnant or capable of
becoming pregnant, the following steps shall be taken:
(a) All incarcerated persons shall be asked if they are pregnant. They shall be offered a
voluntary pregnancy test upon intake or by request, within 72 hours of arrival at the
jail and administered by medical or nursing personnel (Penal Code § 4023.8(a)).
1. If a test is declined, the incarcerated person shall be asked to sign a Refusal
Form, and the form shall be filed in the incarcerated person's medical file.
(b) Incarcerated persons confirmed to be pregnant shall, within seven days of arriving at
thejail, be scheduled for a pregnancy examination with a physician, nurse practitioner,
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certified nurse midwife, or physician assistant and examined as provided by Penal
Code § 4023.8(d).
1. The Pregnancy Services pamphlet contains the required information and should
be given to all pregnant incarcerated persons.
(c) Pregnant incarcerated persons who appear to be under the influence of or withdrawing
from alcohol or other substances shall be referred to a qualified health care
professional.
1. Pregnant incarcerated people with a recent history of opiate, methadone,
buprenorphine, or similar drugs will be reported to the physician on-site or the
on-call physician if no physician is on-site for appropriate treatment which may
include referral to an opioid treatment program.
(d) The Responsible Physician, in collaboration with facility staff, shall ensure the proper
clinic visits are scheduled in accordance with appropriate medical standards as
provided in Penal Code § 4023.8(e).
(e) A medical record should be opened with a notation indicating pregnancy as well as
an alert in the Jail Management System.
(f) The incarcerated person should be interviewed by a qualified health care professional
for the following information, which should be documented in the medical record:
1. Last menstrual period (LMP)
2. Estimated date of conception (EDC)
3. Estimated due date (40 weeks from EDC)
4. Number of pregnancies (gravidity)
5. Number of live births (parity)
6. Therapeutic abortions (TAB)
7. Spontaneous abortions (SAB), aka miscarriages
8. Prenatal care history
9. Current medications
10. Any current adverse symptoms: vaginal bleeding or discharge, abdominal
cramping, or pain (if yes, notify on-site or on-call physician)
11. High-risk factors, if known: drug or alcohol use/abuse, smoking, previous
pregnancy problems, other medical problems (cardiac issues, seizures,
diabetes/DM, hypertension/HTN)
12. If use of an opioid or methadone is identified, notify the on-site or on-call
physician for orders. The incarcerated person shall be offered medication-
assisted treatment and shall be provided information on the risks of withdrawal
(Penal Code § 4023.8(i)).
(g) Each pregnant incarcerated person should have:
1. A completed special diet form ordering a pregnant diet.
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2. An appointment at the next available obstetric clinic if the person is 10 or more
weeks gestation.
(h) Each pregnant incarcerated person shall (Penal Code § 4023.8):
1. Have access to daily prenatal vitamins in accordance with medical standards
of care.
2. Be assigned to the lower bunk and lower-tier housing for those housed in a multi-
tier housing unit.
705.5 HOUSING EXCEPTIONS
Incarcerated persons who are known to be pregnant may be housed in any unit appropriate for
their classification, with the following exceptions:
(a) All pregnant incarcerated persons identified at intake or the obstetric clinic to be high-
risk or who are in their last trimester of pregnancy shall be housed in the medical unit.
(b) Housing in the medical unit shall be by order of the obstetric specialist or the
Responsible Physician.
705.6 COUNSELING AND TREATMENT REGARDING PROPER CARE
The Office will provide all necessary counseling and treatment to pregnant incarcerated persons
to ensure they are receiving the proper care. To accomplish this, the following shall occur:
(a) The directions of the obstetric specialist shall be followed throughout the pregnancy
and postnatal period. No non-medical staff has the unilateral authority to change
or overrule an order or care recommendation made by the Responsible Physician.
The Jail Medical and Services Bureau Commander and Responsible Physician
shall develop a process by which perceived conflicts between medical orders/
recommendations and safety and security interests of the jail can be discussed and
resolved. Ultimately, the jail must provide adequate treatment for an incarcerated
person's medical needs.
(b) The Responsible Physician shall be consulted immediately if a patient is under 10
weeks gestation and has medical concerns.
(c) Any pregnant incarcerated person with medical problems that occur between
scheduled obstetric appointments shall be seen by a qualified health care professional.
If the qualified health care professional assesses the problem as urgent and a
physician is not available on-site,the person shall be sent to the hospital for evaluation.
(d) The incarcerated person shall be advised to notify health-trained custody staff
immediately of the following:
1. Vaginal bleeding
2. Acute, persistent abdominal or pelvic pain and/or severe cramping
3. Leaking fluid
4. Decreased or no fetal movement
5. Headache or blurred vision
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6. Rapid weight gain with swelling (edema)
7. Abnormal vaginal discharge
8. Symptoms of a urinary tract infection (UTI)
9. Fever
(e) Postpartum examinations and additional appointments shall be scheduled by the
obstetric clinic as needed.
(f) An incarcerated person shall have the right to summon and receive the services of
any physician, nurse practitioner, certified nurse midwife, or physician assistant of
the person's choice in order to determine pregnancy. The Jail Medical and Services
Bureau Commander may develop reasonable rules and regulations governing the
conduct of such examinations. If found to be pregnant, the incarcerated person is
entitled to a determination of the extent of medical and surgical services needed from
the medical professional of the person's choice. Expenses incurred by the services not
provided by the Jail shall be borne by the incarcerated person (Penal Code§4023.6).
705.7 INCARCERATED PERSONS IN LABOR AND POSTPARTUM CARE
Pregnant incarcerated persons who are in labor or are presumed to be in labor shall be treated as
an emergency and shall be transported in the least restrictive way possible to a hospital outside
the jail (Penal Code § 4023.8(I)).
Pregnant incarcerated persons may have an approved support person present during labor,
childbirth, and postpartum recovery while hospitalized (Penal Code § 4023.8(m)).
Incarcerated persons shall be given the maximum level of privacy possible during the labor and
delivery process as provided in Penal Code § 4023.8(o).
Upon an incarcerated person's return to the jail, an off-site physician, nurse practitioner, certified
nurse midwife, or physician assistant shall provide a postpartum examination within one week
from childbirth and as needed for up to 12 weeks postpartum, and shall determine whether
the incarcerated person may be cleared for full duty or if medical restrictions are warranted.
Postpartum incarcerated persons shall be given at least 12 weeks of recovery after childbirth
before they are required to resume normal activity (Penal Code § 4023.8).
705.7.1 INCARCERATED PERSON ACCESS TO NEWBORN CARE
The Responsible Physician should ensure than an incarcerated person is provided access to
newborn care that includes access to appropriate assessment, diagnosis, care, and treatment
for infectious diseases that may be transmitted from the incarcerated person to the infant (Penal
Code § 4023.8(f)).
705.7.2 NOTICE OF SERVICES AFTER INCARCERATION
The Responsible Physician should ensure that eligible incarcerated persons who give birth after
incarceration are provided notice of, access to, and written application for community-based
programs serving pregnant, birthing, or lactating incarcerated persons (Penal Code § 4023.80)).
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705.8 RESTRAINTS
Incarcerated persons who are known to be pregnant or who are in labor shall not be placed in
restraints except as provided in the Use of Restraints Policy and other policies related to medical
treatment and transportation outside the secure facility.
705.8.1 REQUIRED PROCEDURES
The health authority shall, in cooperation with the Jail Medical and Services Bureau Commander,
develop procedures in conformance with Penal Code § 3407 for the application and removal of
restraints on pregnant incarcerated persons. The procedures shall be reviewed and updated at
least every two years (15 CCR 1206).
705.9 ABORTIONS
An incarcerated person who chooses to have an abortion shall be given access to abortion
services and be requested to sign a statement acknowledging that the person has been provided
the opportunity for related counseling and chooses to have an abortion. Any financial obligations
for elective abortions will be handled consistent with state law as provided in Penal Code §
4011.1 and 15 CCR 1200. The jail shall provide necessary transportation and supervision for
such services. Staff members who object to facilitating an incarcerated person's elective abortion
(including arrangements, transportation, and security) should not be required to perform such
duties.
705.9.1 STATE REQUIREMENTS FOR ABORTION
The Jail shall not confer authority or discretion to nonmedical staff to decide if a pregnant
incarcerated person is eligible for an abortion. Conditions or restrictions on abortion access shall
not be imposed. Impermissible restrictions include but are not limited to imposing gestational limits
inconsistent with state law, unreasonably delaying access to the procedure, or requiring court-
ordered transportation (Penal Code § 4028(a)).
If the pregnant incarcerated person decides to have an abortion, the person shall be offered,
but not forced to accept, all due medical care and accommodations until no longer pregnant. A
pregnant incarcerated person who decides to have an abortion shall be referred to a licensed
professional as specified in Business and Professions Code § 2253(b) (Penal Code §4023.8(c)).
705.9.2 REQUIRED POSTED NOTICE
The rights provided for pregnant incarcerated persons by Penal Code § 4023.6, Penal Code
§ 4023.8, and Penal Code § 4028 shall be posted in at least one conspicuous place that all
incarcerated persons can access.
705.10 REFERENCE
See the following for further guidance:
HEALTH CARE FOR PREGNANT INCARCERATED PERSON PROCEDURES
Lactation Program Policy
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Policy Fresno County Sheriff's Office
707 Custody Policy Manual
Health Authority
707.1 PURPOSE AND SCOPE
The purpose of this policy is to establish the responsibility of the health authority as arranging for
all levels of health services, assuring the quality of all health services, identifying lines of medical
authority for the incarcerated person health program, and assuring that incarcerated persons have
access to all health services.
The policy also establishes properly monitored processes, policies, procedures, and mechanisms
to ensure that the contracted scope of services is adequately and efficiently delivered.
The health authority is defined as 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 (see Chapter 7: Health Care Administrative Meetings and Reports Policy).
707.2 POLICY
The health authority is responsible and accountable for all levels of health care and has the
final authority regarding clinical issues within this jail. The health authority is responsible for
establishing, implementing, and annually reviewing/revising policies for all clinical aspects of the
health care program and for monitoring the appropriateness, timeliness and responsiveness of
care and treatment. The health authority also approves all medical decisions and protocols. The
Office will provide a budget for jail health care services sufficient to finance adequate health care
and correctional staff to comply with the Remedial Plant.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), 1.B.3.
707.3 SELECTION PROCESS
The Sheriff or the authorized designee shall select a health authority using an existing Office
procurement or selection process. The individual or organization selected shall be designated
as the health authority for incarcerated person health care on behalf of the facility. The Office
shall implement an interagency agreement with the health authority that addresses mutual
responsibilities in the provision of health caret.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.A.1.
Aside from any monetary or term considerations, the contract between the Office and the selected
individual or organization shall minimally include:
(a) Language establishing the scope of services being contracted and the type of health
care service needed.
(b) Job descriptions, minimum qualifications, and performance expectations for contract
personnel.
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(c) Language requiring the contractor to develop appropriate measures and review
processes for assessing the quality, effectiveness, and timeliness of the services
provided and periodically reporting those findings to the facility.
(d) Identification of a Responsible Physician, who shall serve as the medical authority on
treatment matters requiring medical expertise and judgment.
(e) Language regarding the minimum frequency that the health authority shall be present
at the facility.
(f) The roles and responsibilities of staff in ensuring that the contractor may adequately
deliver services in a safe and secure environment.
(g) A written plan for coordinating medical care from multiple health care services.
(h) Awritten plan for the collection and maintenance of incarcerated person health records
that is compliant with the Health Insurance Portability and Accountability Act (HIPAA).
(i) Identification of a dispute resolution process for the contracted parties and for
incarcerated persons who may be questioning treatment plans.
Q) Language and a plan addressing liability and indemnification for issues related to
incarcerated person health care.
The health authority shall be authorized and responsible for making decisions about the
deployment of health resources and the day-to-day operation of the health services program. If
the health authority is other than a physician, any final clinical judgments shall rest with a single
designated Responsible Physician.
The Responsible Physician shall be Board Certified or Board eligible in Internal Medicine or Family
Practicet.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.A.2.
The health authority or the authorized designee will meet periodically with custody representatives
to discuss the health care program and any issues that require correction or adjustment.
Security regulations are applicable to facility staff and health care personnel (15 CCR 1200(a)).
707.4 PROVISION OF HEALTH CARE
The health authority is responsible for arranging the availability of health care services. The
qualified health care professionals should determine what medical services are needed on a case-
by-case basis. The Jail Medical and Services Bureau shall provide the administrative support for
making the health care services available to incarcerated persons. Clinical decisions are the sole
province of qualified health care professionals and should not be countermanded by non-health
care professionals.
If routine health services are provided by medical personnel outside this facility, all Office policies
regarding treatment, transfer, transportation, or referral of emergencies shall be followed.
The health authority is responsible for ensuring that the health services manual complies with all
applicable state and federal law and that a review and update is conducted annually.
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Audits of the quality and adequacy of health care services shall be done, with corrective action
taken when deficiencies are identified (15 CCR 1202).
See Chapter 7: Continuous Quality Improvement
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Policy Fresno County Sheriff's Office
708 Custody Policy Manual
Health Appraisals
708.1 PURPOSE AND SCOPE
The purpose of this policy is to establish the process for conducting health appraisals on all
incarcerated persons following their arrival at this facility and for the continuity of care for
incarcerated persons who remain in custody for extended periods. Further, it is to ensure the
incarcerated person's health care needs are met and that health care started at one facility
continues as needed.
708.2 POLICY
It is the policy of this Office that all incarcerated persons will receive a comprehensive
health appraisal within 14 days of incarcerationtun lessthere is documented evidence that the
incarcerated person has received a health appraisal within the previous year. In addition to the
initial health appraisal,the person should have an annual evaluation to reassess their health status
and to provide access to preventive medicine through education and lifestyle programs.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.D.3.a
708.3 INITIAL HEALTH APPRAISAL
Qualified health care professionals shall have access to the daily incarcerated person roster.
From this, they can determine who needs a health appraisal and hands-on physical evaluation.
Incarcerated persons shall be scheduled for a hands-on physical evaluation by a qualified health
care professional within 48 hours of arrival at the jail. The health appraisal should include:
(a) A review of earlier medical screening information.
(b) Recording of height and weight.
(c) Recording of vital signs (blood pressure, pulse, respiration rate, and temperature).
(d) Ordering other tests or examinations as appropriate.
(e) The collection of any additional data needed to complete medical, dental, psychiatric,
and immunization histories.
(f) Review of the health history questionnaire.
(g) Review of all vital signs and TB skin test results.
(h) A medical examination, including a review of mental and dental status.
(i) Initiation of treatment or therapy, as appropriate.
Q) Development and implementation of a treatment plan, including recommendations for
housing, if applicable.
The Responsible Physician shall review and authorize all health appraisals within 72 hours.
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708.3.1 PRISON RAPE ELIMINATION ACT (PREA) SCREENING FOLLOW-UP
Incarcerated persons who have an identified history of sexual victimization shall be offered a
follow-up meeting with a qualified health care or mental health provider within 14 days of intake
screening (28 CFR 115.81).
708.4 ANNUAL HEALTH EXAMINATIONS
The Responsible Physician will determine the criteria for periodic health examinations for
incarcerated persons. Incarcerated persons should be scheduled foran annual health examination
within 14 days of the person's annual incarceration anniversary(15 CCR 1208.5).The examination
should include:
• A review of current vital signs and weight.
• A TB skin test and review of the results.
• An evaluation of any health-related issues arising since the last health evaluation.
• Initiation of treatment, as appropriate.
• Any updates to the incarcerated person treatment plan.
• Any other specific components determined by the Responsible Physician based on
the age, gender, and health of the incarcerated person (15 CCR 1208.5).
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• Custody Policy Manual
Healthy Lifestyle Promotion
709.1 PURPOSE AND SCOPE
The purpose of this policy is to affirm the Office's commitment to promote healthy lifestyle choices
by incarcerated persons by providing health education and self-care learning opportunities that
include classes, audio and video presentations, and brochures and pamphlets.
709.2 POLICY
This Office will encourage incarcerated persons to maintain a healthy lifestyle by providing health
education and wellness information, as requested.
709.3 HEALTH CARE ENCOUNTERS
During health care encounters, the qualified health care professionals should instruct incarcerated
persons at the time service is rendered on how to avoid preventable diseases. Incarcerated people
may request healthy lifestyle education materials from Jail Programs via a request form.
Topics for incarcerated person education may include:
• Access to health care services
• Family planning
• Domestic violence
• Substance abuse
709.4 FAMILY PLANNING SERVICES
All incarcerated persons shall be offered family planning services at least 60 days prior to a
scheduled release date (Penal Code § 4023.5).
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Policy Fresno County Sheriff's Office
710 Custody Policy Manual
Transfer Screening
710.1 PURPOSE AND SCOPE
This policy establishes a process for medical screening of transferred incarcerated persons to
ensure continuation of care and avoid unnecessary diagnostics.
710.2 POLICY
It is the policy of this Office that incarcerated persons who are transferred to another jurisdiction's
facility will have their medical record reviewed prior to transfer to ensure that the receiving facility
can assume and continue proper care. Medical needs of the incarcerated person will be clearly
communicated to the receiving facility, including the ongoing treatment plan, scheduled surgeries,
and outside appointments.
Incarcerated persons who are transferred to other facilities shall be sent with a discharge summary
that includes information about the incarcerated person's medical and mental health condition,
the current treatment plan, and list any medications, if needed (15 CCR 1206(n)).
710.3 TRANSFERS
Any incarcerated person being transferred to another jurisdiction's facility will have their medical
record summarized prior to transfer as described below.
The medical summary may include:
(a) A determination of whether the incarcerated person is being treated for a medical,
mental health, or dental problem.
(b) What medication, if any, the incarcerated person is presently prescribed.
(c) Whether the incarcerated person has any evidence of abuse or trauma.
(d) Whether the incarcerated person has any physical deformities or special daily living
assistance needs.
(e) The incarcerated person's housing recommendation, if applicable.
(f) Whether the incarcerated person has any pending follow-up appointments or
requirements.
The summary shall accompany incarcerated persons being transferred to another agency's
jurisdiction to ensure that the receiving health care service can assume and continue necessary
care. A release of information authorization is not required for the following information:
• Current health conditions
• Current treatments and medications
• Upcoming appointments and diagnostic studies
• Allergies
• Copies of any health information that is critical to continuity of care
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If the receiving facility requests a copy of the medical record, it will be supplied as soon as
practicable.
The summary and any related medical records being transferred shall be placed in a file or
envelope that maintains the confidentiality of the incarcerated person's medical information.
If applicable, necessary medication and health care information shall be provided to the
transporting staff, together with precautions necessary to protect staff and incarcerated
passengers from disease transmission during transport. (15 CCR 1206(n)).
710.4 RECEIVING TRANSFERRED INCARCERATED PERSONS
When an incarcerated person being transferred to these facilities arrives, the incarcerated person
shall be medically screened and receive a comprehensive health appraisal in accordance with
Chapter 7: Medical Screening Policy and Health Appraisals Policy.
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Policy Fresno County Sheriff's Office
711 Custody Policy Manual
Medical Screenings
711.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a medical screening process for newly booked
incarcerated persons so that medical, mental health, and dental issues are properly identified and
addressed, and to obtain a medical clearance when necessary.
711.2 POLICY
It is the policy of this Office that a medical screening be performed on all incarcerated persons
upon arrival at the intake area to ensure that existing, emergent, and urgent health care, dental, or
mental health needs are identified, risks are assessed, and incarcerated persons with contagious
and communicable diseases are properly classified and housed for their health and the health of
the general population (15 CCR 1051; 15 CCR 1206.5(a); 15 CCR 1207).
711.3 PRE-SCREEN AND INTAKE SCREENING
The medical screenings shall be performed by health services. A review of any significant
finding(s) shall be performed by a qualified health care professional.
All incarcerated persons shall complete medical screenings as part of the booking process. If
an arrestee refuses to cooperate with the medical intake screening, the screener will complete
as much of the health assessment as reasonably possible until the arrestee cooperates with the
remainder of the screening process.
The Responsible Physician should work cooperatively with the Jail Medical and Services Bureau
Commander to develop the medical screening forms, which should be applicable for general
health, mental health, and suicide screening purposes. The forms should be completed no later
than 24 hours after the arrival of an incarcerated person but prior to an incarcerated person being
housed in the general population. All medical screening forms shall be forwarded to the medical
unit and the qualified health care professionals shall be alerted to those that need priority attention.
711.3.1 PRE-SCREENING
Persons who are brought to the facility and are obviously in need of immediate medical attention
shall be referred to an emergency medical facility for clearance. Conditions that require a medical
clearance prior to booking include but are not limited to the following:
• Unconsciousness/Semi-unconsciousness
• Uncontrolled bleeding
• Significant injuries from a motor vehicle accident
• Significant injuries from an altercation
• Significant injuries from handcuffs or other restraint devices
• Knife wounds, gunshot wounds, or lacerations
• Adverse exposure to pepper spray or OC
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• TASERO device deployment or blunt force trauma during arrest
• Intoxication to a degree that the individual cannot speak coherently or stand or walk
unaided
• Suspected or known complications of pregnancy
• Suspected or known complications of diabetes
• Exhibits behavior indicating a potential danger to themselves or others
• Active tuberculosis or other serious contagious diseases
• Actively suicidal
• Any other medical condition which, in the opinion of the booking personnel, should be
urgently referred for evaluation by medically trained personnel
Incarcerated persons with these medical conditions are not suitable for admission to the facility
until medically cleared by a qualified health care professional. This Office requires medical
clearance from an outside entity when such incarcerated persons are identified.
Medical clearance documentation shall include the medical diagnosis, treatment received at the
emergency medical facility, any medications prescribed, any ongoing medical requirements, and
any follow-up medical care that may be indicated before the arrestee is accepted for booking.
711.3.2 INTAKE SCREENING
The intake screening inquiry should include a review of the incarcerated person's priorjail medical
record, if any, and document the following:
• History of infectious or communicable diseases (i.e., HIV/AIDS, tuberculosis, kidney
disease, etc.t) that are considered serious in nature; current treatment, symptoms,
medications, chronic illness, or health issues, including communicable diseases, or
special health requirements, and/or dietary needs (15 CCR 1051)
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.D.1.a.
• Tuberculosis screening shall include the following:
• Screenings provided in accord with Centers for Disease Control and Prevention
guidelinest;
• Incarcerated people shall receive either Mantoux skin testing or Interferon-
gamma release assays (IGRAs)within five days of intake;
• Incarcerated people who present with an initial positive tuberculosis screening
result shall receive a chest radiograph.t
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015),
I.D.10., I.E.1.
• Vital signs, capillary blood glucose testing for persons with diabetes, peak expiratory
flow rate for persons with asthma, and oxygen saturation for persons with
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emphysema.tt Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-
BAM (2015), I.E.2.
• Acute dental problems
• Past and recent serious communicable disease symptoms (e.g., chronic cough,
coughing up bloody sputum, lethargy, weakness, weight loss, loss of appetite, fever,
night sweats) (15 CCR 1051)
• Mental illness,any history of mental health problems or treatment, hospitalizations,
and/or current or previous thoughts of self-harm.t
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), II.D.1.
• Gender issues
• History of or current suicidal ideation
• Acute allergies
• History of or current prescription or illegal drug use, including quantities and the time
of last uset
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.D.1.b.
• History or current symptoms of substance abuse withdrawal
• Current, recent, or suspected pregnancy; any history of gynecological problems and
present use and method of birth control
• Appearance or history of developmental disabilities, body deformities, or other
physical abnormalities
• Incarcerated persons who have given birth in the past year and are charged with
murder or attempted murder of their infants shall be referred to mental health services
at the time of booking (15 CCR 1207.5)
• Assess for sexual abuse victimization (28 CFR 115.81)
• Assess for predatory behavior or perpetrated sexual abuse (28 CFR 115.81)
• Any other health issues as identified by the Responsible Physician
Qualified health care professionals should assist in developing specific mental health medical
screening questions and should provide training in analyzing incarcerated person responses. The
Responsible Physician should establish the role of the qualified health care professional in the
medical screening process.
Should the medical screening identify a need for a more comprehensive medical assessment of
the incarcerated person, a qualified health care professional should initiate appropriate follow-up
action, which may include transporting the incarcerated person to an off-site medical facility.
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711.3.3 MEDICAL SCREENING OBSERVATION
The staff member completing the medical screening observation shall document the following
observations:
• Appearance (e.g., sweating, tremors, anxious, disheveled)
• Behavior (e.g., disorderly, appropriate, insensible)
• State of consciousness (AVPU):
• Alert - spontaneously responsive
• Verbal - requires verbal stimulation to respond
• Pain - requires painful stimulation to respond
• Unresponsive - does not respond
• Ease of movement (e.g., body deformities, gait)
• Breathing (e.g., persistent cough, hyperventilation)
• Skin (e.g., lesions,jaundice, rashes, infestations, bruises, scars, recent tattoos, needle
marks or other indications of drug abuse)
• Any other observable health symptoms
The Jail Medical and Services Bureau Commander and the Responsible Physician should develop
a procedure through which it can be reliably determined what prescription medications the
incarcerated person is taking and the medical urgency for continuing those medications without
interruption.
711.3.4 DOCUMENTATION
Written documentation of the medical screening should include the name of the screener, the date
and time, and the following information:
• Immediate or scheduled referral to a medical, dental, or mental health professional
• Guidance regarding housing placement, including disciplinary detention if necessary
(15 CCR 1051)
• Guidance regarding activity limitations
• The incarcerated person's responses to questions asked by the interviewer
• Other individualized observations and recommendations
The initial medical screening should become part of the incarcerated person's medical record and
should be retained in accordance with established records retention schedules.
Correctional staff shall not have access to the completed intake screening form.t
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.L.4.
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711.4 HEALTH APPRAISAL
Generally, a comprehensive health appraisal should occur within 14 days of booking (see the
Health Appraisals Policy). However,when it is appropriate and based on an incarcerated person's
health condition, an early health appraisal should be recommended. An incarcerated person may
also be cleared for housing in general population with a prompt referral to the appropriate health
care services when it is in accordance with the incarcerated person's overall classification. Upon
the identification of an incarcerated person who may be in a behavioral crisis, a physician's opinion
will be secured within 24 hours, or next sick call, whichever is earliest (15 CCR 1052).
711.4.1 MEMBERS CONDUCTING HEALTH APPRAISALS
Nurses assigned to perform intake screenings(i.e., Booking Nurses)are Registered Nurses(RNs)
who have received additional training from a licensed mental health clinician regarding the intake
assessment for mental illnesses and suicide risk factors (15 CCR 1207).
711.4.2 TELEHEALTH
Telehealth may be incorporated into procedures used to identify and evaluate incarcerated
persons who may be in a behavioral crisis (15 CCR 1052).
711.5 REFERENCE
See the following for further guidance:
MEDICAL SCREENING PROCEDURES
HEALTH CARE FOR PREGNANT INCARCERATED PERSON PROCEDURES
SUICIDE INTERVENTION AND PREVENTION PROCEDURES
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Policy Fresno County Sheriff's Office
712 Custody Policy Manual
Mental Health Services
712.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that all incarcerated persons have access to mental
health services and that incarcerated persons identified as needing these services are referred
appropriately.
712.1.1 DEFINITION
Definitions related to this policy include:
Mental health services - A variety of psycho-social and pharmacological therapies, either
individual or group, including biological, psychological, and social therapies to alleviate symptoms,
attain appropriate functioning and prevent relapse.
Serious Mental Illness (SMI) - Serious mental illness is defined as any mental disorder that
results in comparatively severe impairment in major areas of functioning, such as cognitive
capabilities or disruption in normal developmental processes and requires significant mental
health treatment.
712.2 POLICY
It is the policy of this Office that a range of mental health services shall be available for any
incarcerated person who requires them (15 CCR 1206(g); 15 CCR 1207; 15 CCR 1209).
The County shall employ the number of mental health care providers necessary to provide
adequate mental health care and supervision. The total psychiatrist time provided shall be a
minimum of 50 to 55 hours per week.t.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), II.A.2-3.
712.3 MENTAL HEALTH SERVICES
The Jail Medical and Services Bureau Commander should collaborate with the local public
organizations that offer mental health services, treatment, and care to those incarcerated persons
in need of such services.
In coordination with the health authority, the Responsible Physician, and the Jail Medical and
Services Bureau Commander, such services shall include but are not limited to (15 CCR 1209):
• Identification and referral of incarcerated persons with mental health needs.
• Mental health treatment programs provided by qualified staff, including the use of
telehealth.
• Crisis intervention.
• Basic mental health service provided to incarcerated persons as clinically indicated.
• Medication support services.
• Suicide prevention.
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• Referral, transportation, and admission to licensed mental health facilities for
incarcerated persons whose psychiatric needs exceed the treatment or housing
capability of the facility (Penal Code § 4011.6; Penal Code § 4011.8).
• Provision of health services sufficiently coordinated such that care is appropriately
integrated, medical and mental health needs are met, and the impact of any of these
conditions on each other is adequately addressed.
• Obtaining and documenting informed consent.
• Release planning services.
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 LVNs and LPTs
are providing behavioral health services.t
In the event group sessions are conducted by unlicensed mental health staff, the group shall be
strictly educational,and staff shall provide participants with a handout specifying that no discussion
of personal issues may occurt.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), II.A.1.,4.
Psychiatric medications, including but not limited to antipsychotic medications, shall only be
prescribed to in accord with nationally accepted professional standards for the treatment of serious
mental illnesst.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), II.C.1.
Physicians shall bridge all verified, valid psychiatric prescriptions for incoming
incarcerated people, ensuring continuity of care. Those receiving bridged medications
shall have a face-to-face evaluation with a psychiatrist within seven days, with follow-
up evaluations as needed, but no later than 30 days after the initial visit. For all those
prescribed psychiatric medications, ongoing evaluations shall occur based on clinical
need, but at intervals no longer than 90 days.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), II.C.2-3.
712.4 BASIC MENTAL HEALTH SERVICES
Incarcerated persons may be referred to a qualified health care professional through a variety of
methods, which include the medical screening process, the mental health appraisal process, and
self-referral or staff referral. Qualified health care professionals should respond to all referrals in
a timely manner and initiate the appropriate treatment services.
(a) If the incarcerated person has received previous mental health treatment, the
incarcerated person should be asked to complete a release of information form so that
treatment records can be obtained.
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(b) Incarcerated persons who have been determined to have a serious mental illness
(SMI) and may be in need of ongoing mental health services after their release
from this facility should be provided with information about community mental health
treatment resources. Arrangements for more comprehensive mental health care may
be made, if appropriate.
(c) Incarcerated persons who are identified as having developmental disabilities should
be evaluated for special housing needs. The qualified health care professional should
work in cooperation with classification personnel to establish the best, reasonably
available housing option.
(d) Incarcerated persons who are suspected or known to have a developmental disability
should receive a mental health appraisal by the qualified health care professional
or health-trained custody staff as soon as reasonably practicable but no later than
24 hours after booking. Contact will be made with the regional center within 24
hours, excluding holidays and weekends, when an incarcerated person is suspected
or confirmed to have a developmental disability. Incarcerated persons who have
a developmental disability should be referred, where appropriate and available, for
placement in non-correctional facilities or in units specifically designated for housing
a person with a developmental disability (15 CCR 1057).
(e) Incarcerated persons enrolled in mental health treatment, including psychiatric
medication management, should be provided information regarding the risks and
benefits to treatment. Informed consent documents should be signed by the
incarcerated person to establish the incarcerated person's consent to treatment. The
signed forms should be placed in the incarcerated person's health record and retained
in accordance with established records retention schedules.
(f) A treatment plan should be established for all incarcerated persons enrolled in mental
health services.
1. Psychiatric and special needs treatment plans shall be reviewed every 180 days,
at a minimum. Incarcerated persons taking psychotropic medication should be
seen by a psychiatrist at least every 90 days. Incarcerated persons classified
as requiring mental health special needs should be seen at least monthly by a
qualified health care professional.
2. Incarcerated persons enrolled in other ongoing forms of mental health treatment
should have treatment plan updates completed every six months, at a minimum.
3. Incarcerated persons who present to the qualified health care professional
as having notable difficulty adjusting to the correctional environment, but who
are not diagnosed with a serious mental illness, should be evaluated for the
appropriateness of mental health treatment. Consideration should be given to
the qualified health care professional and the facility staff working together to
address the issues that may be affecting the incarcerated person's ability to
adjust to incarceration.
(g) The qualified health care professional should utilize a site-specific suicide prevention
program to ensure the safety of incarcerated persons who present with a risk of self-
harm.
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1. Qualified mental health care professionals should conduct rounds in the
administrative or disciplinary separation housing areas to determine the mental
health status of incarcerated persons housed there. Incarcerated people in
separated housing shall be offered mental health treatment at least once a
week. Should an incarcerated person with a serious mental illness (SMI) be
in separated housing, they shall offered mental health treatment at least three
times a week.t
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), II.G.4.
2. Separated incarcerated persons may be referred by the jail staff to qualified health care
professionals for follow-up if concerns arise regarding their ability to function in separated
housing.
(a) If the qualified health care professional has concerns about the level of mental health
services that are required to manage an incarcerated person housed in the facility, the
health authority shall be notified and the Responsible Physician shall be the decision-
maker regarding the health care needs of the incarcerated person.
1. The Responsible Physician may consult with a psychiatrist, specialist, or other
health care service in determining whether the incarcerated person should be
transferred to a facility that is better equipped to handle the incarcerated person's
psychiatric needs.
2. The Responsible Physician should notify the Jail Operations Bureau
Commander of the request to transfer the incarcerated person for medical
treatment.
3. The case review and disposition of the patient should be documented in the
incarcerated person's health record and retained in accordance with established
records retention schedules.
712.5 REFERENCE
See the following for further guidance:
MENTAL HEALTH SERVICES
MENTAL HEALTH SCREENING
MEDICAL SCREENING PROCEDURES
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Policy Fresno County Sheriff's Office
713 Custody Policy Manual
Mental Health Screening
713.1 PURPOSE AND SCOPE
The purpose of this policy is to establish the process by which all incarcerated persons receive
an initial mental health screening by qualified health care professionals.
713.2 POLICY
It is the policy of this Office that all individuals booked into the facility shall receive an initial
mental health screening by a qualified health professional or qualified mental health staff. A more
comprehensive medical appraisal shall be conducted within the first 14 days of incarceration to
confirm the initial findings and to ensure that, if needed, an appropriate treatment plan that meets
the individual needs of the incarcerated person is in place (15 CCR 1052; 15 CCR 1209(a)(1)).
713.3 MENTAL HEALTH SCREENING
The initial screening is designed to identify whether mental health conditions exist that require
immediate or ongoing intervention. The screening should be performed prior to the incarcerated
person being placed in general housing and should include:
(a) Inquiry into whether the incarcerated person is or has:
1. Thoughts or history of suicidal behavior.
2. Been prescribed or is taking psychotropic medication or antidepressants.
3. Been treated for mental health issues.
4. A history of psychiatric treatment.
5. A history of treatment for substance abuse or been treated for substance abuse.
(b) Any observations of:
1. Appearance and behavior.
2. Symptoms of aggression, depression, psychosis.
(c) A determination of whether the incarcerated person is cleared for or referred to:
1. General housing.
2. General housing with mental health referral.
3. Mental health emergency treatment.
This information shall be recorded on the receiving screening form. It will become part of the
incarcerated person's health record and be retained in accordance with established records
retention schedules.
713.4 MENTAL HEALTH REFERRALS
Qualified mental health staff should administer a complete and thorough evaluation of incarcerated
persons referred for treatment as soon as practicable but no later than 14 days from the referral.
The evaluation should include:
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• Review of the incarcerated person's screening information.
• Observations of the incarcerated person's behavior.
• Information gathered from interviews and testing to determine the incarcerated
person's mental health condition, intellect, personality, problems, and ability to deal
with a custody environment.
• Collection of the incarcerated person's mental health history.
Following the evaluation, a plan of treatment and maintenance, which may include a complete
psychological evaluation, should be developed to meet the incarcerated person's needs.
713.5 REFERENCE
See the following for further guidance:
MENTAL HEALTH SCREENING
SUICIDE INTERVENTION AND PREVENTION PROCEDURES
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Policy Fresno County Sheriff's Office
714 Custody Policy Manual
Special Needs Medical Treatment
714.1 PURPOSE AND SCOPE
The purpose of this policy is the proper treatment and management of incarcerated persons with
chronic diseases and special needs.
714.1.1 DEFINITIONS
Definitions related to this policy include:
Chronic disease - An illness or condition that affects an individual's well-being for an extended
interval, usually at least six months, and generally is not curable but can be managed for optimum
functioning within any limitations the condition creates in the individual.
Chronic disease program - The incarcerated person has regular clinic visits during which
a qualified health care professional monitors the medical condition and adjusts treatment as
necessary. The program also includes patient education for symptom management.
714.2 POLICY
It is the policy of this Office that all individuals identified as having chronic diseases or special
needs are enrolled in a chronic disease program to decrease the frequency and severity of the
symptoms, prevent disease progression and complication, and foster improved function.
The facility's health care services shall include a chronic disease program that adheres to
contemporary standards of care, such as the National Heart, Lung, and Blood Institute guidelines
for asthma, hypertension, and lipid management, as well as the American Diabetes Association
guidelines. All incarcerated people diagnosed with a chronic illness shall be tracked on a chronic
illness roster to ensure continuity of care. Additionally, the chronic disease program shall monitor
and measure the number of individuals with chronic illnesses who receive their prescribed
medication within a day of incarcerationt.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.H.1-4.
When a qualified health care professional recognizes that an incarcerated person requires
accommodation due to a special need, correctional personnel should be notified in writing.
Consultation between the qualified health care professional and custodial personnel should occur
regarding the condition and capabilities of persons with known special needs prior to a housing,
work assignment, transfer to another facility, or the imposition of disciplinary action.
Qualified health care professionals shall furnish special needs information regarding incarcerated
persons to custodial personnel in order for them to accurately classify and house persons in
the facility. It is the responsibility of the Jail Medical and Services Bureau Commander or the
authorized designee to ensure that persons with special needs are receiving the proper care and
that their needs are effectively communicated to custodial staff for appropriate accommodation
(15 CCR 1206(g)).
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714.3 CLINICAL PRACTICE GUIDELINES
The Responsible Physician orthe authorized designee is responsible for establishing and annually
reviewing clinical protocols to ensure consistency with the National Clinical Practice Guidelines.
The clinical protocols for the management of chronic disease and special needs include but are
not limited to the following:
• Asthma
• Communicable diseases
• Incarcerated persons with developmental disabilities
• Diabetes
• Dialysis
• Frail or elderly incarcerated persons
• High blood cholesterol
• HIV
• Hypertension
• Mental illness
• Mobility impairments
• Pregnancy
• Seizure disorder
• Suicidal ideation
• Terminally ill
• Tuberculosis
714.4 DOCUMENTATION
Documentation in an incarcerated person's medical record should include information regarding
the chronic disease protocols deployed, the person responsible for the various protocols, the
extent to which the chronic disease protocols are being followed, and should include but not be
limited to:
• The frequency of follow-up for medical evaluation.
• How the treatment plan was adjusted when clinically indicated.
• The type and frequency of diagnostic testing and prescribed therapeutic regimens.
• The prescribed instructions for diet, exercise, adaptation to the correctional
environment, and medication.
• Clinical justification of any deviation from the established protocol.
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A master list of all chronic disease and special needs patients should be maintained by the
Responsible Physician or the authorized designee.
714.5 CHRONIC CARE PROGRAM
(a) Newly incarcerated persons shall receive a medical screening. This screening
includes the documentation of any acute or chronic health problems or injuries,
special needs, and any medications or treatments the incarcerated person is currently
receiving.
1. If the person has been incarcerated previously, their health records should be
reviewed.
2. An accommodation form should be completed and sent to the classification unit
to ensure the person is properly housed.
3. Current medications being taken by the incarcerated person should be verified
and continued as deemed appropriate by the Responsible Physician.
4. A health assessment shall be completed within 14 days of incarceration and a
physical examination conducted within six months of incarceration.
(a) Those identified to have a chronic illness are seen after intake based on
acuity (on the day of arrival for patients with high acuity and not to exceed
14 days for all others),
5. The status of a special needs incarcerated person should be evaluated, at
minimum, every 90 days to determine the need for the continued designationt.
(b) Individual treatment plans are used to guide treatment for episodes of illness. The
format for treatment planning may vary, but should include, at a minimum:
1. The frequency of follow-up for medical evaluation and adjustment of treatment
modality.
2. When appropriate, instructions about the type and frequency of diagnostic
testing and/or therapeutic regimens,diet, exercise,adaptation to the correctional
environment, and medication.
(c) Reasonable effort should be made to obtain health information and records from
previous health care services, with the consent of the incarcerated person, when the
person has a medical problem that was being treated prior to incarceration.
(d) Upon transfer to another correctional facility, a summary of the person's current
condition, medications, and treatment plan will be forwarded to the receiving facility in
a sealed envelope to maintain incarcerated person privacy.
(e) Requests for health information from community health care services must be
submitted with the person's written consent. If the incarcerated person does not
consent, the community health care service may be advised that the person is an
incarcerated person and the health information may not be provided without the
person's written consent or court order.
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(f) When incarcerated persons are sent out of this facility for emergency or specialty
treatment, written information regarding the person's current medical status and
treatment should accompany the incarcerated person. Upon return to the facility,
treatment recommendations from outside health care services should be reviewed by
the Responsible Physician or the authorized designee for any changes in the custodial
environment or in-house treatment plan.
(g) Incarcerated persons identified as developmentally disabled shall be considered for
discharge planning services.
1. The local center for the developmentally disabled will be contacted within 24
hours of incarceration of a person with developmental disabilities.
2. Referrals will be made to the jail's discharge planning specialist. If no such
position exists, the need for transition planning should be noted on the treatment
plan.
(h) With the incarcerated person's written consent, the health services staff should share
necessary information with outside health care services.
(i) Contacts with community providers should be documented via a note in the patient's
health record.
Q) Patients with serious mental health issues, including those receiving psychotropic
medication, will be informed about community options for continuing treatment and
provided with follow-up appointments when possible.
(k) Medications should be provided as appropriate. Patients should also be advised of
the contracted pharmacy where they can obtain prescriptions post-release.
(I) The Responsible Physician is responsible for ensuring that local site-specific
procedures facilitate discharge planning.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.D.2.
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715 Custody Policy Manual
Communicable Diseases
715.1 PURPOSE AND SCOPE
This policy is intended to provide guidelines for facility staff to assist in minimizing the risk of
contracting and/or spreading communicable diseases. The policy offers direction in achieving the
following goals:
(a) Managing the risks associated with bloodborne pathogens (BBP), aerosol
transmissible diseases (ATD), and other potentially infectious substances.
(b) Providing appropriate treatment for ill incarcerated persons while minimizing the risk
of the spread of disease.
(c) Making decisions concerning the selection, use, maintenance, limitations, storage,
and disposal of personal protective equipment (PPE).
(d) Ensuring proper reporting to local, state, and federal agencies.
(e) Establishing procedures for the identification, education, immunization, prevention,
surveillance, diagnosis, medical isolation (when indicated), treatment, and follow-up
care for new incarcerated persons, and for incarcerated persons or employees who
have contracted a communicable disease from an ill person.
(f) Providing appropriate treatment, counseling, and confidentiality should an employee
become exposed to a communicable disease.
(g) Protecting the privacy rights of all personnel who may be exposed to or contract a
communicable disease during the course of their duties.
715.1.1 DEFINITIONS
Definitions related to this policy include:
Aerosol transmissible disease (ATD) - A disease or pathogen for which droplet (whooping
cough, influenza, streptococcus) or airborne (measles, chickenpox, tuberculosis) precautions are
required.
Aerosol transmissible disease (ATD) exposure - Any event in which all of the following has
occurred:
• An employee has been exposed to an individual who has or is suspected to have
an ATD, or the employee is working in an area or with equipment that is reasonably
expected to contain aerosol transmissible pathogens associated with an ATD.
• The exposure occurred without the benefit of applicable exposure controls required
by this section.
• It reasonably appears from the circumstances of the exposure that transmission of
disease is likely sufficient to require medical evaluation.
Airborne precautions - Include the use of an Airborne Infection Isolation Room (AIIR)that meets
the American Institute of Architects/Facility Guidelines Institute (AIA/FGI) standards for AIIRs, for
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infectious agents such as measles, chickenpox, or tuberculosis in addition to medical personnel
wearing masks or respirators.
Bloodborne pathogens (BBP) - Pathogenic microorganisms that are present in human blood
and can cause disease in humans. These pathogens include but are not limited to hepatitis B virus
(HBV), hepatitis C virus (HCV), and human immunodeficiency virus (HIV).
Bloodborne pathogen exposure - Includes but is not limited to the contact of blood or other
potentially infectious materials with the eye, mouth, other mucous membranes, non-intact skin,
needle sticks, human bites, cuts, abrasions, or any contact with blood or body fluids that is
synonymous with bloodborne pathogen exposure as defined by the federal Centers for Disease
Control and Prevention (CDC).
Ectoparasitic infections - Parasites that live on the skin, such as lice (pediculosis) and scabies
(sarcoptic mange). Both infections are communicable and may lead to secondary infections.
HBV - Hepatitis B
HIV- Human Immunodeficiency Virus
Medical isolation -Housing in a separate room with a separate toilet, hand-washing facility, soap,
and with appropriate accommodations for showering.
NIOSH - National Institute for Occupational Safety and Health
Nosocomial - Acquired during hospitalization. Nosocomial infections are infections that present
48 to 72 hours after admission to a hospital.
OSHA - Occupational Safety and Health Administration
Personal protective equipment (PPE) - Respiratory equipment, garments, gloves, and other
barrier materials designed to reduce exposure to hazards.
Source control measures - The use of procedures, engineering controls, and other devices or
materials to minimize the spread of airborne particles and droplets from an individual who has or
exhibits signs or symptoms of having an ATD.
Standard precautions - Infection control practices used to prevent the transmission of disease
that can be acquired by contact with blood, bodily fluids, non-intact skin (including rashes), and
mucous membranes. Applies to all incarcerated persons receiving care, regardless of diagnosis
or presumed infection status.
Universal precautions -A set of precautions designed to prevent transmission of HIV, HBV, and
other bloodborne pathogens when providing first aid or health care.
715.2 POLICY
It is the policy of this Office to maintain an effective program that focuses on the identification,
education, immunization, prevention, surveillance, diagnosis, medical isolation (when indicated),
treatment, follow-up and proper reporting to local, state and federal agencies of communicable
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diseasest. The program is designed to ensure that a safe and healthy environment is created and
maintained for all occupants of the facilities (15 CCR 1051; 15 CCR 1206.5; 15 CCR 1206(i)).
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.D.11.
715.2.1 EXPOSURE CONTROL OFFICER
The Sheriff shall designate an Exposure Control Officer (ECO). Refer to Department Policy
Chapter 10: Communicable Diseases
715.2.2 PROCEDURES
The ECO shall be responsible for establishing, implementing, and maintaining effective written
procedures. Refer to Department Policy Chapter 10: Communicable Diseases
715.3 COMMUNICABLE DISEASE PROGRAM COMPONENTS
715.3.1 SURVEILLANCE
Surveillance takes place throughout the period of the incarcerated person's confinement and is
done in a variety of encounters and inspections. These include but are not limited to the following:
(a) Medical screening - Each newly booked incarcerated person shall be evaluated
for health care needs and signs and symptoms of infectious disease. The receiving
screening includes questions regarding known symptoms of TB, HIV, sexually
transmitted diseases (STDs), and HBV. The individual completing the medical
screening should observe the incarcerated person for obvious signs of infection (15
CCR 1206.5(a)).
(b) Health assessment- Incarcerated persons shall have a health assessment within the
first 14 days of incarceration. The health assessment process includes screening for
symptoms of communicable disease. Incarcerated persons will have a Purified Protein
Derivative (PPD)test or a chest X-ray for TB and a blood test for STDs. Voluntary HIV
testing is provided based on identified risk.
(c) Periodic health assessments -Annual testing for TB is performed on all incarcerated
persons who are in the facility for one year or more.
(d) Sick call and referrals - At any time during incarceration, an incarcerated person
may request to be evaluated for an infectious disease through the sick call process.
Health and correctional staff can request that an incarcerated person be evaluated if
they notice any signs of potentially infectious disease.
(e) Contact investigation - When an incarcerated person housed in the general
population develops an infectious disease, the Responsible Physician should work
cooperatively with the Jail Medical and Services Bureau Commander or the authorized
designee and the public health department to provide appropriate screening and
testing of potentially exposed persons.
(f) Environmental health and safety inspections -The health and safety of the facility
environment shall be inspected by the local public health entity and reported to the
Jail Medical and Services Bureau Commander at least quarterly in a written report.
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Conditions identified as adversely affecting the health and safety of the incarcerated
persons and/or employees or visitors shall be promptly addressed and corrected.
715.3.2 IDENTIFICATION
Any incarcerated person suspected of having a communicable disease will be evaluated by
a qualified health care professional as soon as reasonably practicable. Incarcerated persons
suspected of having communicable diseases will be appropriately isolated until disease
confirmation and the period of communicability is determined. Long-term housing consideration
will be based upon the classification status as well as the behavior, medical needs, and safety
of incarcerated persons and staff. These incarcerated persons shall be examined by a qualified
health care professional within 24 hours. Any instructions of the qualified health care professional
regarding care of the patient and sanitizing of eating utensils, clothing, and bedding shall be
carefully followed (15 CCR 1206.5(a); 15 CCR 1206.5(b)(6)).
715.3.3 TREATMENT
Qualified health care professionals shall provide care as directed by the Responsible Physician
and consistent with scientific evidence-based medicine (15 CCR 1206.5(a)).
(a) The Responsible Physician and the Jail Medical and Services Bureau Commander
shall collaborate on treatment planning with the public health department, as
appropriate.
(b) Complete documentation of the signs, symptoms, diagnostic results, treatment, and
outcome of care provided to incarcerated persons who are suspected or confirmed as
having a communicable disease will be entered into the incarcerated person's health
record.
715.3.4 COMMUNICATION
The Responsible Physician shall ensure the following notifications are made whenever a
communicable disease is identified (15 CCR 1206.5(b)(3); 15 CCR 1206.5(b)(8)):
(a) Notification to the public health department of all reportable diseases and conditions
shall be made as soon as practicable. This is done by completing appropriate forms,
and if necessary, contacting the public health department directly for situations of
multiple spread occurrences.
(b) The Responsible Physician and the Jail Medical and Services Bureau Commander
shall be kept informed of any incidence of communicable disease.
(c) The Jail Medical and Services Bureau Commander shall be apprised of any medical
situation that raises the risk of disease level for incarcerated persons, correctional
officers, or any other staff members.
715.3.5 CONTINUOUS QUALITY IMPROVEMENT
A continuous quality improvement(CQI)committee shall be formed consisting of the Responsible
Physician, the Jail Medical and Services Bureau Commander or the authorized designee, and a
representative from the public health entity. The purpose of the committee is to monitor infection
control issues and evaluate infection control processes to ensure effectiveness.
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Monthly statistics should be collected by health care services and assembled into a report
presented by the Responsible Physician or the authorized designee, detailing surveillance
activities, disease identification, and cases treated. The committee should meet quarterly and
should discuss topics specific to infection control and communicable disease. Minutes of the
meetings should be retained in accordance with established records retention schedules.
See Chapter 1: Periodic Review and Performance Based Goals and Objectives
715.3.6 EMPLOYEE TRAINING
The Jail Operations Bureau Commander or the authorized designee shall provide education to all
correctional staff who have contact with infected incarcerated persons during the initial employee
orientation and annually thereafter. The Training Coordinator shall schedule this training and shall
retain all associated records in accordance with established records retention schedules.
715.3.7 DATA COLLECTION AND REPORTING
The health authority shall be responsible for ensuring the systematic collection and analysis of
data to assist in the identification of problems, epidemics, or clusters of nosocomial infections.
All reportable illnesses as defined by the public health department shall be reported as required
(15 CCR 1206.5(b)).
715.3.8 STANDARD PRECAUTIONS
Standard precautions shall be used by health care practitioners to minimize the risk of exposure
to blood and bodily fluids of infected patients. The health authority shall be responsible for
establishing basic guidelines including but not limited to (15 CCR 1206.5(b)(4)):
• Washing hands or using hand sanitizer before and after all patient or specimen
contact.
• Handling all blood and bodily fluids such as saliva, urine, semen, and vaginal
secretions as if they are known to be infectious. Where it is not possible to distinguish
between body fluid types, all body fluids are to be assumed infectious.
• Wearing gloves for potential contact with blood and other bodily fluids.
• Placing used syringes immediately in a nearby, impermeable container. Do not recap
or manipulate any needle in any way.
• Wearing protective eyewear and a mask if splatter with blood or other body fluids is
possible.
• Handling all linen soiled with blood and/or bodily secretions as infectious.
• Processing all laboratory specimens as infectious.
• As appropriate, wearing a mask for TB and other ATDs.
715.3.9 TRANSMISSION-BASED PRECAUTIONS
Transmission-based precautions may be needed in addition to universal precautions for selected
patients who are known or suspected to harbor certain infections. These precautions are divided
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into three categories that reflect the differences in the way infections are transmitted. Some
diseases may require more than one category.
(a) Airborne precautions are designed to prevent the spread of ATDs, which are
transmitted by minute particles called droplet nuclei or contaminated dust particles.
These particles, because of their size, can remain suspended in the air for long periods
of time, even after the infected person has left the room. Some examples of diseases
requiring airborne precautions are TB, measles, and chicken pox.
1. An incarcerated person requiring airborne precautions should be assigned to
a designated respiratory isolation room with special ventilation requirements.
The door to this room must be closed at all possible times. If an incarcerated
person must move from the isolation room to another area of the facility, the
incarcerated person should wear a mask during transport. Anyone entering the
isolation room to provide care to the incarcerated person must wear a respirator.
(b) Droplet precautions are designed to prevent the spread of organisms that travel on
particles much larger than the droplet nuclei. These particles do not spend much time
suspended in the air, and usually do not travel beyond a few feet of the incarcerated
person. These particles are produced when an incarcerated person coughs, talks,
or sneezes. Examples of disease requiring droplet precautions are meningococcal
meningitis, influenza, mumps, and German measles (rubella).
1. All staff should wear masks within 3 feet of the incarcerated person. Incarcerated
person movement should be restricted to the minimum necessary for effective
facility operations. The incarcerated person should wear a mask during
transport.
(c) Contact precautions are designed to prevent the spread of organisms from an infected
incarcerated person through direct (touching the incarcerated person) or indirect
(touching surfaces or objects the incarcerated person touched) contact. Examples of
incarcerated persons who might be placed in contact precautions are those infected
with the following:
1. Antibiotic-resistant bacteria
2. Hepatitis A
3. Scabies
4. Impetigo
5. Lice
The following guide shall be used to determine the appropriate precautions that are necessary
to reduce the risk of infection transmission while incarcerated persons are being transported.
Incarcerated persons shall receive training on the disease transmission process and will be
provided with appropriate barrier devices.
Precautions for Incarcerated Person Contact and Transportation
GLOVES SURGICAL N95 MASKS ISOLATION
MASKS GOWNS
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Contact
Incarcerated No No No No
Person
Personnel Yes No No Yes
Droplet
Incarcerated No Yes No No
Person
Personnel No Yes No Yes
Airborne
Incarcerated No Yes No No
Person
Personnel No No Yes No
715.3.10 ENVIRONMENTAL HEALTH AND SAFETY
The Responsible Physician or the authorized designee shall conduct a monthly inspection of areas
where health services are provided to verify the following:
• The equipment is inspected and maintained to the manufacturer's recommendations.
• The area is clean and sanitary.
• The appropriate measures are being taken to ensure the unit is occupationally and
environmentally safe.
715.3.11 REGULATED WASTE
The Office in coordination with the health authority, will provide for the management of
biohazardous materials and waste and the establishment of a protocol for the decontamination of
equipment used in medical and dental treatment. Medical and dental equipment decontamination
shall comply with all applicable local, state, and federal regulations. Precautions may include, but
are not limited to:
(a) Discarding biohazardous waste in red plastic bags marked with the word BIOHAZARD
and displaying the international symbol for biohazardous material. Contaminated
disposable PPE shall be discarded in these receptacles.
(b) Whenever a large amount of fluid blood is present, an absorbent powder should be
used to gelatinize the fluid,which should assist in clean up. Standard precautions shall
be used when removing the product,that should then be placed in a red biohazard bag.
(c) Used biohazard bags shall be stored in covered, rigid waste receptacles in designated
locations pending weekly removal by a biohazard waste removal contractor.
(d) Records documenting biohazardous waste removal shall be retained in accordance
with established records retention schedules.
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715.4 ECTOPARASITE CONTROL
Ectoparasite control will be initiated, where clinically indicated, immediately following the medical
screening or when the incarcerated person manifests signs and symptoms of lice or scabies (15
CCR 1212).
(a) Any incarcerated person who indicates parasitical infection upon entering the facility
shall be treated by a qualified health care professional.
(b) Any incarcerated person suspected of having lice/scabies may be referred to sick call
by a correctional officer.
(c) An incarcerated person may access sick call if the person believes there is a problem
with lice/scabies.
(d) A qualified health care professional shall evaluate any incarcerated person with a
lice/scabies complaint. If there are positive findings, the incarcerated person shall be
treated for the infestation accordingly.
1. The lice and scabies treatment guidelines will be followed by the qualified health
care professional, if a physician's order for the medication administration is
obtained.
(a) The prescribing physician shall be notified if the incarcerated person
is pregnant, as certain medications are contraindicated for pregnant
persons. An alternative topical application must be prescribed in these
situations.
(b) Documentation in the medical record should include the patient's
symptoms, observations regarding the condition, patient education, and
prescribed treatment.
2. The incarcerated person's clothing and linen shall be removed from the person's
cell placed in a plastic bag and sent to the laundry. These items are considered
contaminated and must be disinfected by:
(a) Machine washing (hot cycle), machine drying (hot cycle), dry cleaning or
ironing, or
(b) Storage in a plastic bag for non-washable items for 10-14 days (head lice),
seven days (pubic lice). This method is not recommended for body lice.
(c) Isolation is not necessary as long as clothing and bedding are properly
disinfected and incarcerated persons do not share items.
1. Gloves are to be used for direct contact until the incarcerated person
has been treated and the clothing/bedding have been removed for
disinfecting.
3. Cell mates, sexual partners, and any personnel having direct hands-on contact
with an infected incarcerated person should be evaluated for prophylactic
treatment because of the long incubation period of the scabies parasite.
715.5 EMPLOYEE EXPOSURE CONTROL
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715.5.1 IMMUNIZATIONS
See Department Policy Chapter 10: Communicable Diseases
715.5.2 PERSONAL PROTECTIVE EQUIPMENT (PPE)
The PPE is the last line of defense against communicable disease. Therefore, the following
equipment is available to all personnel to assist in the protection against such exposures, when
applicable:
• Disposable latex/nitrite gloves
• Disposable gown
• Safety glasses, goggles, and/or face shield
• Surgical and N95 masks
• Rescue mask with a one-way valve
• Alcohol (or similar substance) to flush skin
The PPE should be inspected at the start of each shift and replaced immediately after each use
and when it becomes damaged.
715.5.3 DECONTAMINATION OF PERSONAL PROTECTIVE EQUIPMENT
After using any reusable PPE, it shall be washed or disinfected and stored appropriately. If it is
not reusable (e.g., disposable gloves), it shall be discarded in a biohazard waste container.
Any PPE that becomes punctured, torn, or loses its integrity shall be removed as soon as
reasonably feasible. The employee shall wash up and replace the PPE if the job has not been
completed. If the situation resulted in a contaminated non-intact skin event, the affected area shall
be decontaminated as described below.
A contaminated reusable PPE that must be transported prior to cleaning shall be placed into a
biohazard waste bag. Gloves shall be worn while handling the biohazard waste bag and during
placement into the biohazard waste container. The gloves shall be included with the waste.
715.5.4 DECONTAMINATION OF SKIN AND MUCOUS MEMBRANES
Personnel shall wash their hands as soon as possible following the removal of potentially
contaminated gloves. Antibacterial soap and warm water or an approved disinfectant shall be
used, paying particular attention to the fingernails.
If an employee's intact skin contacts someone else's blood or body fluids or other potentially
infectious materials, the employee shall immediately wash the exposed part of the employee's
body with soap and warm water and/or an approved disinfectant as soon as possible. If the skin
becomes grossly contaminated, body washing shall be followed by an approved hospital strength
disinfectant. If large areas of the employee's skin are contaminated, the employee shall shower
as soon as reasonably possible, using warm water and soap and/or an approved disinfectant.
Medical treatment should be obtained.
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Contaminated non-intact skin (e.g., injured skin, open wound)shall be cleaned using an approved
disinfectant and then dressed or bandaged as required. Medical treatment is required. All hand,
skin, and mucous membrane washing that takes place shall be done in the designated cleaning or
decontamination area. Cleaning shall not be done in the kitchen or other locations not designated
as a cleaning or decontamination area.
715.5.5 DECONTAMINATION OF CLOTHING
Contaminated clothing such as uniforms and undergarments shall be removed as soon as
reasonably feasible and rinsed in cold water to prevent the setting of bloodstains. If the clothing
may be washed in soap and hot water, do so as soon as reasonably possible.
Contaminated leather boots shall be brushed and scrubbed with detergent and hot water. If the
contaminant soaked through the boot, the boot shall be discarded.
715.5.6 DECONTAMINATION OF VEHICLES
Contaminated vehicles and components such as the seats, radios and doors, shall be washed with
soap and warm water and disinfected with an approved germicide as soon as reasonably feasible.
715.6 SHARPS AND ITEMS THAT CUT OR PUNCTURE
All personnel shall avoid using or holding sharps (needles) unless they are assisting medical
personnel or collecting them for evidence. Unless required for reasons related to evidence
preservation, employees are not to recap sharps. If recapping is necessary, a one-handed method
shall be employed to avoid a finger prick. Disposal, when possible, shall be into a puncture-proof
biohazard container.
All sharps and items that cut or puncture (e.g., broken glass, razors and knives) shall be treated
cautiously to avoid cutting, stabbing or puncturing one's self or any other person. In addition, if
a sharp object contains known or suspected blood or other body fluids, that item is to be treated
as a contaminated item. If the item is not evidence, touching it with the hands shall be avoided.
Rather, use a device such as tongs or a broom and a dustpan to clean up debris. If the material
must be touched, protective gloves shall be worn.
715.7 POST-EXPOSURE
715.7.1 EMPLOYEE RESPONSIBILITY TO REPORT EXPOSURE
To provide appropriate and timely treatment should exposure occur, all employees shall verbally
report the exposure to their immediate supervisor and complete a written exposure report as soon
as possible following the exposure or suspected exposure. That report shall be submitted to the
employee's immediate supervisor. Employees should document in the exposure report whether
they would like the person who was the source of the exposure to be tested for communicable
diseases (15 CCR 1206.5(b)(8)).
715.7.2 SUPERVISOR REPORTING REQUIREMENTS
See Department Policy Chapter 10: Communicable Diseases
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715.7.3 MEDICAL CONSULTATION, EVALUATION, AND TREATMENT
See Department Policy Chapter 10: Communicable Diseases
715.7.4 COUNSELING
See Department Policy Chapter 10: Communicable Diseases
715.7.5 CONFIDENTIALITY OF REPORTS
See Department Policy Chapter 10: Communicable Diseases
715.7.6 SOURCE TESTING
See Department Policy Chapter 10: Communicable Diseases
715.7.7 EXPOSURE FROM A NON-INCARCERATED PERSON
Upon notification of an employee's exposure to a non-incarcerated person (e.g., visitor, attorney,
volunteer, vendor) the ECO should attempt to determine if the person who was the source of the
exposure will voluntarily consent to testing. If consent is provided, the following steps should be
taken:
(a) A qualified health care professional should notify the person to be tested of the
exposure and make a good faith effort to obtain voluntary informed consent from
the person or the person's authorized legal representative to perform a test for HIV,
hepatitis B, hepatitis C, and other communicable diseases the qualified health care
professional deems appropriate.
(b) The voluntary informed consent obtained by the qualified health care professional
must be in writing and include consent for three specimens of blood. The ECO should
document the consent as a supplement to the Exposure Control Report.
(c) The results of the tests should be made available to the source and the exposed
employee.
If consent is not obtained, the ECO should promptly consult with the County Counsel and consider
requesting that a court order be sought for appropriate testing.
715.7.8 EXPOSURE FROM AN INCARCERATED PERSON
If the ECO receives notification from an employee of a potential exposure from an incarcerated
person, the ECO should take the following steps:
(a) Seek consent from the person who was the source of the exposure and seek a court
order, if consent is refused.
(b) Take reasonable steps to immediately contact the county health officer and provide
preliminary information regarding the circumstances of the exposure and the status
of the involved individuals to determine whether the county health officer will order
testing.
(c) Remain in contact with the county health officer to determine whether testing of the
incarcerated person will occur and whether the testing satisfies the medical needs of
the employee.
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(d) The results of the tests should be made available to the incarcerated person and the
exposed employee.
Since there is potential for overlap between the two statutory schemes, the ECO is responsible for
coordinating the testing with the county health officer to prevent unnecessary or duplicate testing.
If the exposed employee is not covered by either statutory scheme, the ECO should seek consent
or a court order in the same manner as for a non-incarcerated person.
715.8 REFERENCE
See the following for further guidance:
See Department Policy Chapter 10: Communicable Diseases
COMMUNICABLE DISEASES PROCEDURES
VERMIN AND PEST CONTROL PROCEDURES
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Policy Fresno County Sheriff's Office
716 Custody Policy Manual
Aids to Impairment
716.1 PURPOSE AND SCOPE
The Fresno County Sheriff's Office has established this policy for physicians and dentists to review
and evaluate the need for adaptive devices, while considering facility security concerns regarding
the use of such items.
When a physician or dentist determines that the medical condition of an incarcerated person
indicates that an adaptive device is clinically appropriate, the parameters of this policy will
determine if authorization for the use of such items during incarceration should be granted, and if
any equipment modifications are indicated for safety or security purposes.
716.1.1 DEFINITIONS
Definitions related to this policy include:
Adaptive device - Any orthotic, prosthetic, or aid to impairment that is designed to assist an
incarcerated person with the activities of daily living or that is clinically appropriate for health, as
determined by the Responsible Physician or dentist.
Aids to impairment- Includes but is not limited to eyeglasses, hearing aids, pacemakers, canes,
crutches, walkers, and wheelchairs.
Orthoses -Specialized mechanical devices such as braces, shoe inserts, or hand splints that are
used to support or supplement weakened or abnormal joints, limbs, and/or soft tissue.
Prostheses - Artificial devices designed and used to replace missing body parts, such as limbs,
teeth, or eyes.
716.2 POLICY
It is the policy of the Fresno County Sheriff's Office that, in accordance with security and safety
concerns, medical and dental orthoses or prostheses and other adaptive devices should be
permitted or supplied in a timely manner when the health of the incarcerated person would
otherwise be adversely affected or when such devices are necessary to reasonably accommodate
a disability recognized under the American with Disabilities Act (ADA) (42 USC § 12101 et seq.),
as determined by the Responsible Physician or dentist (15 CCR 1206(d); 15 CCR 1207).
It is the policy of the Fresno County Sheriffs Office Custody Division that the jail and the Health
Authority shall collaborate to develop standardized procedures for the prescription, ordering,
retention, and confiscation of assistive devices. These policies shall prioritize the safety and
security of both incarcerated people and staff while ensuring that those with disabilities have equal
access to jail programs, services, and activities. Those who arrive at the facility with an assistive
device shall be allowed to retain
the device,or shall be provided with a jail-issued equivalent device, so long as it does not constitute
an immediate risk of bodily harm or threaten the security of the facilities, unless a jail physician
documents that the device is not medically necessary or
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Aids to Impairment
reasonable to allow equal access to jail programs, services, or activities. The Office shall provide
assistive devices prescribed by a jail physician to incarcerated persons as soon as reasonably
practical, so long as the device does not constitute an immediate risk of bodily harm to other
incarcerated people or staff, or threatens the security of the facilities.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), III.13.1-3.
716.3 FACILITY-OWNED MEDICAL EQUIPMENT
All adaptive devices belonging to the Health Authority shall be marked, identifying them as such.
(a) A medical equipment alert shall be completed by jail medical or ADA staff for all
medical equipment issued to the incarcerated person, regardless of who owns the
property.
(b) Upon the release of an incarcerated person, the releasing correctional officer shall
review the alert noting medical equipment issued to the person and contact the medical
clinic for instructions regarding any Health Authority-owned adaptive device.
716.4 MEDICAL OR DENTAL ORTHOSES, PROSTHESES, OR ADAPTIVE DEVICES
The following applies to incarcerated persons with any orthopedic or prosthetic devices (Penal
Code § 2656):
(a) An incarcerated person shall not be deprived of the possession or use of
any orthopedic, orthodontic, or prosthetic device that has been prescribed or
recommended and fitted by a physician or dentist (see the following exception).
(b) Any such device that may constitute an immediate risk of bodily harm to any person
in the facilities or that threatens the security of the facilities should be brought to the
attention of the ADA Unit or, in the absence of ADA staff, the Watch Commander.
If the ADA Unit or Watch Commander has probable cause to believe such a device
constitutes an immediate risk of bodily harm to any person in the facilities or threatens
the security of the facilities, the ADA Manager or Watch Commander may remove the
device and place it in the person's property. Assistive devices shall not be confiscated
if another incarcerated person is the source of the security threatt.
(c) The ADA Manager or designee shall return the device to the incarcerated person if
circumstances change and the cause for removal no longer exists.
(d) The Jail Medical and Services Bureau Commander shall have the incarcerated person
examined by a physician within 24 hours after a device is removed.
(e) The Jail Medical and Services Bureau Commander should review the facts with the
ADA Coordinator and shall address the issue in conjunction with the Incarcerated
Persons with Disabilities Policy.
(f) The physician shall inform the incarcerated person and the Jail Medical and Services
Bureau Commander if the removal is or will be injurious to the health or safety of the
person. When the Jail Medical and Services Bureau Commander is so informed but
still does not return the device,the Jail Medical and Services Bureau Commander shall
inform the physician and the person of the reasons and promptly provide the person
with a form, as specified in Penal Code § 2656, by which the person may petition
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the Superior Court for return of the appliance. The Jail Medical and Services Bureau
Commander shall promptly file the form with the Superior Court after it is signed by
the incarcerated person. The Jail Operations Bureau Commander should consider the
following alternatives to removal of the device:
1. Reclassifying the incarcerated person to another housing unit or administratively
separating the person from the general population.
2. With physician or dentist approval, modify the adaptive device to meet the
medical needs of the incarcerated person and the safety and security needs of
the facilities.
Once an adaptive device has been approved for use, the qualified health care professional shall
enter the authorization into the incarcerated person's health record. If the person requires special
housing, the qualified health care professional shall document this in writing and notify custody or
classification personnel appropriately. The qualified health care professional shall document the
general condition of the prosthesis.
Any prostheses that are brought to the jail by family members or others after the person has been
incarcerated shall be subject to a security check. The Fresno County Sheriff's Office shall accept
no responsibility for loss or damage to any adaptive device.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), III.13.4.
716.5 REQUESTS FOR MEDICAL AND DENTAL PROSTHESES
All requests for new or replacement medical or dental prostheses shall be individually evaluated by
the Responsible Physician or dentist and reviewed for approval by the Jail Medical and Services
Bureau Commander. Considerations for approval shall be based upon:
• Medical needs of the incarcerated person.
• The anticipated length of incarceration.
• The safety and security of the facilities.
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Policy Fresno County Sheriff's Office
717 Custody Policy Manual
Detoxification and Withdrawal
717.1 PURPOSE AND SCOPE
This policy is intended to ensure that the staff is able to recognize the symptoms of intoxication
and withdrawal from alcohol or drugs, and that those persons who are intoxicated or experiencing
withdrawal are provided appropriate medical treatment.
This policy also identifies protocols to be used by qualified health care staff for incarcerated
persons who are under the influence of alcohol or drugs or who are experiencing withdrawal from
any type of substance abuse.
717.1.1 DEFINITIONS
Definitions related to this policy include:
Alcohol withdrawal - A medical condition characterized by physiological changes that occur
when alcohol intake is discontinued in an individual who is addicted to alcohol.
Detoxification - The process by which an individual is gradually withdrawn from drugs by the
administration of decreasing doses of the drug on which the person is physiologically dependent,
or a drug that is cross-tolerant to the dependent drug, or a drug that medical research has
demonstrated to be effective in detoxifying the individual from the dependent drug.
717.2 POLICY
Withdrawal from alcohol or drugs can be a life-threatening medical condition requiring professional
medical intervention. It is the policy of this Office to provide proper medical care to incarcerated
persons who suffer from drug or alcohol overdose or withdrawal.
To lessen the risk of a life-threatening medical emergency and to promote the safety and security
of all persons in the facilities, staff shall respond promptly to medical symptoms presented by
incarcerated persons.
The Responsible Physician shall develop written medical protocols on detoxification symptoms
necessitating immediate transfer of the incarcerated persons to a hospital or other medical facility,
and procedures to follow if care within the facilities should be undertaken (15 CCR 1213).
Incarcerated persons who are booked into the facility who are participating in a narcotic treatment
program shall, with the approval of the director of the program, be entitled to continue in the
program until conviction (Health and Safety Code § 11222).
717.3 STAFF RESPONSIBILITY
Staff should remain alert to signs of drug and alcohol overdose and withdrawal. These symptoms
include but are not limited to sweating, nausea, abdominal cramps, anxiety, agitation, tremors,
hallucinations, rapid breathing, and generalized aches and pains.Any staff member who suspects
that an incarcerated person may be suffering from overdose or experiencing withdrawal symptoms
shall promptly notify their facility sergeant and a qualified health care professional.
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Detoxification and Withdrawal
Inebriated persons will be promptly placed into a sobering unit.
Incarcerated persons arrested for public intoxication shall be held for a minimum of four (4) hours
from the time they are booked. Notwithstanding,they will not be released until they are able to care
for themselves, are able to understand that their signature on a citation is their written promise to
appear (if applicable), or until a responsible person appears at the facility and agrees to accept
responsibility for their well-being.
717.4 MEDICAL STAFF RESPONSIBILITY
The qualified health care professional will evaluate the incarcerated person using approved
protocols in order to determine the most appropriate care plan,which will be based on the patient's
history, current physical status, and treatment needs. Any patient who cannot be safely treated in
the facilities will be referred to an appropriate treatment facility off-sitet.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.D.5.f
717.5 PROCEDURE
Incarcerated persons who are observed experiencing severe, life-threatening intoxication
(overdose) or withdrawal symptoms will be promptly seen by a physician or referred to an off-site
emergency facility for treatment. Detoxification shall be conducted under medical supervision at
the facility or in a hospital or community detoxification center under appropriate security conditions.
Detoxification from alcohol, opiates, hypnotics, other stimulants, and sedative hypnotic drugs
shall be conducted in accordance with local, state, and federal laws and while under medical
supervision when performed at the facility with monitoring by a physiciant.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.D.5.a-c
If the qualified health care professional determines that an incarcerated person is at risk for
progression to a more severe level of withdrawal, the person will be appropriately housed in an
area where they can be kept under frequent observation by qualified health care professionals
or correctional staff.
717.6 WITHDRAWAL AND DETOXIFICATION PROTOCOLS
Protocols are available to the qualified health care professionals to guide the care and treatment of
individuals who are intoxicated or experiencing drug and/or alcohol withdrawal. These protocols,
which have been developed and approved by the Responsible Physician, fall within nationally
accepted guidelines, and are reviewed annually. Monitoring shall be structured and documented
in accordance with the Clinical Institute Withdrawal Assessment or the Clinical Opiate Withdrawal
Scalet.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.D.5.e
When dealing with persons who are in a custody situation, qualified health care professionals shall
utilize detoxification protocols in accordance with local, state, and federal laws.
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Detoxification and Withdrawal
No direct supervision is required at the time of identifying and initiating care. Overall supervision
is provided by the Responsible Physician or their designee. Qualified health care professionals
shall evaluate and provide care to patients utilizing written procedures and/or physician orders.
717.7 ALCOHOL WITHDRAWAL SYMPTOMS CHART
The following chart describes typical symptoms of mild, moderate, and severe withdrawal. It is to
be used as a guide for determining when to refer incarcerated persons to a qualified health care
professionalt. Not all symptoms are always present.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.D.5.d
MILD MODERATE SEVERE (Delirium
Tremens)
ANXIETY Mild restlessness and Obvious motor Extreme restlessness
anxiety restlessness and agitation with
appearance of intense
fear is common
APPETITE Impaired appetite Marked anorexia Often rejects all food and
fluid except alcohol
BLOOD PRESSURE Normal or slightly Usually elevated systolic Elevated systolic and
elevated systolic diastolic
CONFUSION Oriented, no confusion Variable confusion Marked confusion and
disorientation
CONVULSIONS No May occur Severe convulsions are
common
HALLUCINATIONS No hallucinations Often vague, transient Visual and occasional
visual and auditory auditory hallucinations,
hallucinations and usually of fearful
delusions, often with or threatening content.
insight, often occurring Misidentification of
only at night persons and frightening
delusions relating to
hallucinatory experiences
MOTOR CONTROL Inner"shaky" Visible tremulousness Gross uncontrollable
shaking
NAUSEA Nausea Nausea and vomiting Dry heaves and vomiting
PULSE Tachycardia Pulse 100-120 Pulse 120-140
SLEEP Marked insomnia and Total wakefulness
nightmares
SWEATING Restless sleep or Obvious Extreme
insomnia
717.8 REFERENCE
See the following for further guidance:
DETOXIFICATION AND WITHDRAWAL 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. Physicians shall be evaluated annually by peer review,
and nurses shall be evaluated
annually by their supervisorst.
An immediate peer review may be authorized by the Responsible Physician if serious problems
of practice arise with a specific qualified health care professionalt.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.M.2-3.
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.
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• 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
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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Continuous Quality Improvement
• 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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Policy Fresno County Sheriff's Office
730 Custody Policy Manual
Management of Health Records
730.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a uniform manner of maintaining the active health records
of incarcerated persons for easy accessibility during clinical treatment, and the storage methods
for inactive health records. This policy also addresses practices that will ensure the confidentiality
of health record information by separating it from custody records.
730.1.1 DEFINITIONS
Definitions related to this policy include:
Protected health information-Information that relates to the incarcerated person's past, present,
or future physical or mental health or condition, the provision of medical care to the incarcerated
person, or the past, present, or future payment for the provision of health care to the incarcerated
person (45 CFR 160.103).
730.2 POLICY
It is the policy of this Office to maintain the confidentiality of incarcerated persons' protected
health information. Incarcerated person health records will be maintained separately from custody
records and under secure conditions, in compliance with all local, state, and federal requirements.
Health record and health information, both oral and documented, is confidential protected health
information. The minimum necessary health information is to be disclosed to health care staff
providing health care or to jail authorities when necessary for the protection of the welfare of the
incarcerated person or others, management of the jail, or maintenance of jail security and order.t
The Responsible Physician or the authorized designee will establish standardized facility
procedures for recording information in the electronic file/record and for the control and access
to incarcerated person health records. Any paper medical records shall be controlled via a sign-
out procedure, and paper files shall be centrally located to increase accountability. Incarcerated
workers shall not have any access to incarcerated person health records. Medical records
paperwork shall be filed in a timely manner.t
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), I.D.8, I.L.1-3.
730.3 INITIATING A HEALTH RECORD
Following the initial medical screening process, the qualified health care professional shall initiate
a health record for each incarcerated person. The Health Authority shall be responsible for
developing and implementing procedures for standardized record formatting (15 CCR 1205 et
seq.).
730.4 CONFIDENTIALITY OF AN INCARCERATED PERSON'S HEALTH RECORDS
Information regarding an incarcerated person's health status is confidential. Active health records
shall be maintained separately from custody records. Access to an incarcerated person's health
record shall be in accordance with state and federal law (Health Insurance Portability and
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Accountability Act (HIPAA) of 1996, Public Law 104-191 and the implementing regulations) (15
CCR 1205).
The incarcerated person's protected health information may be disclosed, with the incarcerated
person's written authorization, to any person so designated. A fully completed authorization
for release and/or a disclosure of protected health information form shall be required prior to
disclosure based upon informed consent (15 CCR 1205).
The incarcerated person's protected health information may be disclosed by the qualified health
care professional without the incarcerated person's authorization under certain circumstances and
when approved by the Responsible Physician or the authorized designee. Those circumstances
include:
(a) To known qualified health care professionals who are members of the health care
team responsible for the incarcerated person's care.
(b) To custody staff regarding incarcerated persons as reasonably necessary to protect
the safety, security, and good order of the facility. Examples may include information
that the incarcerated person may be:
1. Suicidal.
2. Homicidal.
3. A clear custodial risk.
4. A clear danger of injury to self or others.
5. Gravely disabled.
6. Receiving psychotropic medications.
7. A communicable disease risk.
8. In need of special housing.
(c) To the local public health officer when an incarcerated person is part of a
communicable disease investigation.
(d) Pursuant to a court order or valid subpoena duces tecum, accompanied by satisfactory
assurance that the incarcerated person has been given notice and an opportunity to
file an objection or efforts have been made to secure a protective order as required
under HIPAA (45 CFR 164.512).
(e) To a law enforcement officer for purposes of a criminal investigation, to avert a
serious threat to the health or safety of any person or to fulfill mandatory reporting
requirements.
(f) To a law enforcement officer when the incarcerated person has died as a result of
criminal conduct.
The incarcerated person's limited protected health information may also be disclosed to a law
enforcement officer for purposes of identifying or locating a suspect or when the incarcerated
person is a victim of a crime. When reasonably possible, the approval of the Jail Medical and
Services Bureau Commander should be obtained prior to disclosure.
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Attorneys requesting health record information regarding an incarcerated person shall be advised
that an authorization for release and/or a disclosure of medical information form or an attorney
release form signed by the incarcerated person is required.
Family members may be informed of the incarcerated person's custody status and whether the
incarcerated person is receiving medical care. Family members requesting additional information
must provide a proper authorization for release and/or a disclosure of medical information form.
The Jail Medical and Services Bureau Commander, in consultation with the Health Authority,
shall designate personnel who will be responsible for reviewing all requests for access to medical
records and who will propose related policies and procedures and other activities designed to
facilitate proper documentation of health care and access to records.
730.4.1 ADDITIONAL STATE PRIVACY PROTECTIONS
The health services administrator and Responsible Physician or the authorized designee shall
ensure that privacy protections comply with state law requirements regarding privacy and
confidentiality applicable to the specific type of medical records requested, including:
(a) Records associated with human immunodeficiency virus (HIV) or acquired
immunodeficiency syndrome (AIDS) (Health and Safety Code § 121025).
(b) Records of patients in alcohol or substance use disorder treatment programs (Health
and Safety Code § 11845.5).
730.5 HEALTH RECORD CONTENTS
(a) To standardize record keeping and to identify responsibilities, the following should
apply to incarcerated person health records (15 CCR 1205):
1. The qualified health care professional or the authorized designee should be
responsible for ensuring that all required information and forms are included
in the medical records. There should also be a periodic informal review as
described in Chapter 7: Continuous Quality Improvement Policy.
2. The qualified health care professional or the authorized designee should be
responsible for ensuring incoming written findings and recommendations are
returned with the incarcerated person from any offsite visit and filed in the
incarcerated person's medical record.
(b) Incarcerated persons' health records shall minimally contain but are not limited to:
1. Identifying information (e.g., incarcerated person name, identification number,
date of birth, gender) on each sheet in the file.
2. Completed incarcerated person medical/mental health screening forms and
evaluation reports.
3. Health appraisal information and data forms.
4. Complaints of illness or injury.
5. A problem summary, containing medical and mental health diagnoses and
treatments as well as known allergies.
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6. Immunization records.
7. Progress notes of all significant findings, diagnoses, treatments, and
dispositions.
8. Orders from a qualified health care professional for prescribed and administered
medications and medication records in conformance with 15 CCR 1216.
9. X-ray and laboratory reports and diagnostic studies.
10. A record of the date, time, and place of each clinical encounter with incarcerated
persons.
11. Health service reports.
12. Individualized treatment plans when available or required.
13. Consent and refusal forms.
14. Release of information authorization forms (including HIPAA forms).
15. Results of specialty consultations and off-site referrals.
16. Special needs treatment plans, if applicable.
17. Names of personnel who treat, prescribe, and/or administer/deliver prescription
medication.
730.6 ACTIVE INCARCERATED PERSONS HEALTH RECORDS
Active incarcerated person health records will be accessible to qualified health care professionals
as necessary for the provision of medical treatment and other uses allowed by law, or the
Jail Medical and Services Bureau Commander or the authorized designee under exigent
circumstances, to protect the safety, security, and good order of the facility.
All entries in the incarcerated person's health record will have the place, date, time, signature and
title of each individual providing care and should be legible.
Documentation in the incarcerated person's health record is done in the subjective, objective,
assessment, and plan (SOAP) format. An incarcerated person's health record is initiated at the
first health encounter following the initial medical screening.
If an incarcerated person has been previously incarcerated, the previous health record should
be reactivated. If a new record has been initiated and a previous record exists, medical records
personnel should merge the two records in order to compile a complete history, unless mandated
statutory retention schedules have provided for the destruction of one file and there is a need to
create a new file.
New information shall be entered on the health record at the completion of each encounter.
All the incarcerated person's health records shall be returned to the file prior to the end of each
watch.
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730.7 INACTIVE MEDICAL RECORDS
When an incarcerated person is released from custody the person's health record becomes
inactive.
The health records are securely stored electronically and in accordance with established records
retention schedules
Health record information from inactive files may be transmitted to specific and designated
physicians or medical facilities upon the written request or authorization of the incarcerated person.
730.8 HIPAA COMPLIANCE
The Jail Medical and Services Bureau Commander, in consultation with the Health Authority,
shall ensure that a health record protection and disclosure compliance plan conforming to
the requirements of HIPAA is prepared and maintained. The plan should detail all necessary
procedures for security and review of the access and disclosure of protected health information.
At minimum, the plan will include:
• Assignment of a HIPAA compliance officer who is trained in HIPAA compliance and
will be responsible for maintaining procedures for and enforcing HIPAA requirements,
including receiving and documenting complaints about breaches of privacy.
• Ongoing training on HIPAA requirements, depending on the level of access the
member has to protected health information.
• Administrative, physical, and technical safeguards to protect the privacy of protected
health information.
• Procedures for the permitted or required use or disclosure of protected health
information and the mitigation of harm caused by improper use or disclosure.
• Protocol to ensure privacy policies and procedures, any privacy practices notices,
disposition of any complaints, and other actions, activities, and designations required
to be documented, are maintained for at least six years after the date of creation or
last effective date, whichever is later.
730.9 REFERENCE
See the following for further guidance:
MANAGEMENT OF HEALTH CARE RECORDS
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Policy Fresno County Sheriff's Office
731 Custody Policy Manual
Incarcerated Person Health Care Communication
731.1 PURPOSE AND SCOPE
The purpose of this policy is to establish and maintain effective communication between the
treating qualified health care professionals and custody personnel. This communication is
essential at all levels of the organization to ensure the health and safety of all occupants of the
facilities.
731.2 POLICY
It is the policy of this Office that effective communication shall occur between the Jail Medical and
Services Bureau Commander and the treating qualified health care professionals regarding any
significant health issues of an incarcerated person. All health issues should be considered during
classification and housing decisions in order to preserve the health and safety of the occupants
of these facilities.
When a qualified health care professional recognizes that an incarcerated person will require
accommodation due to a medical or mental health condition, custody personnel shall be promptly
notified in writing.
731.3 MANAGING SPECIAL NEEDS INCARCERATED PERSONS
Upon an incarcerated person's arrival at the facility, the qualified health care professional, in
conjunction with the custody staff, should determine if the incarcerated person has any special
needs.
(a) If staff determines that an incarcerated person has special needs, a communication
form or other appropriate documentation relating to special needs should be
completed and sent to classification personnel. This is to ensure that the person is
assigned to a housing unit that is equipped to meet their special needs.
(b) The qualified health care professional should arrange for the appropriate follow-up
evaluation.
(c) The care of ADA incarcerated persons should be continuous and ongoing. The person
should be seen by jail ADA staff at least once every 30-90 days, depending on
severity, to evaluate the person's continued designation as an ADA incarcerated
person. For more information on ADA practices see Chapter 6: Incarcerated Persons
with Disabilities.
(d) Incarcerated persons who have been determined by qualified health care
professionals to require a special needs classification should be seen at at a frequency
determined by a qualified health care professional.
(e) Prior to transfer to another facility, a medical transfer summary should be completed
detailing any special requirements that should be considered while the incarcerated
person is in transit and upon their arrival at the destination. Discharge planning should
be included, as appropriate.
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(f) A treatment plan should be developed for each incarcerated person and should
include, at a minimum:
1. The frequency of follow-up for medical evaluation and anticipated adjustments
of the treatment modality.
2. The type and frequency of diagnostic testing and therapeutic regimens.
3. When appropriate, instructions about diet, exercise, adaptation to the
correctional environment, and using prescribed medications.
(g) When clinically indicated, the qualified health care professionals and the custody
personnel should consult regarding the condition and capabilities of incarcerated
persons with known medical and/or psychiatric illnesses or developmental disabilities
prior to any of the following:
1. Housing assignment
2. Programs
3. Admissions to and transfers from or between institutions
4. Disciplinary measures for mentally ill patients
(h) Qualified health care professionals and custody personnel should communicate about
incarcerated persons who require special accommodation. These include but are not
limited to incarcerated persons who are:
1. Chronically ill.
2. Undergoing dialysis.
3. Infected with a communicable disease.
4. Physically disabled.
5. Pregnant.
6. Frail or elderly.
7. Terminally ill.
8. Mentally ill or suicidal.
9. Developmentally disabled.
731.4 NOTIFICATION TO THE SHERIFF FOR MEDICAL RELEASE
Supervisors, through the chain of command, should advise the Sheriff when a terminally ill
incarcerated person may be appropriate for early release or medical probation under Government
Code § 26605.6 because the incarcerated person would not reasonably pose a threat to public
safety and the person has a life expectancy of six months or less, or the person requires 24-hour
care or acute long-term inpatient rehabilitation services.
731.5 REFERENCE
See the following for further guidance:
NON-EMERGENCY HEALTH CARE SERVICES PROCEDURES
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Policy Fresno County Sheriff's Office
732 Custody Policy Manual
Forensic Evidence
732.1 PURPOSE AND SCOPE
The purpose of this policy is to maintain credibility between the incarcerated persons and the
facility's qualified health care professionals by establishing clear guidelines restricting facility
health care professionals from participating in the collection of forensic evidence for disciplinary
or legal proceedings.
732.1.1 DEFINITION
Definitions related to this policy include:
Forensic evidence - Physical or psychological data collected from an incarcerated person that
may be used against the incarcerated person in disciplinary or legal proceedings.
732.2 POLICY
Qualified health care professionals of these facilities are generally prohibited from participating
in the collection of forensic evidence or performing psychological evaluations for disciplinary or
legal proceedings.
Qualified health care professionals of these facilities should not be involved in the collection of
forensic evidence except when complying with state laws requiring the collection of blood samples
from incarcerated persons, provided the incarcerated person has consented to the procedure and
staff are not involved in any punitive action against the incarcerated person.
Qualified health care professionals of these facilities may collect blood or urine for testing for
alcohol or drugs when it is done for medical purposes and under a physician's order. Qualified
health care professionals of this facility may conduct incarcerated person-specific, court-ordered
laboratory tests and examinations or radiology procedures with the consent of the incarcerated
person.
Qualified health care professionals of these facilities are prohibited from being involved in the
following procedures:
(a) Body cavity searches
(b) Psychological evaluations for use in adversarial proceedings
(c) Blood draws for lab studies ordered by the court, without incarcerated person consent
(d) Any medical procedure, except emergency lifesaving measures, that does not have
the incarcerated person's written consent
It shall be the responsibility of the Sheriff or the authorized designee to arrange for appropriately
trained professionals to collect forensic evidence for disciplinary or legal proceedings.
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735 Custody Policy Manual
Release Planning
735.1 PURPOSE AND SCOPE
This Office recognizes that incarcerated persons may require information and assistance with
health care follow-up upon release from custody. The purpose of this policy is to establish
guidelines to assist staff with providing resources for the continuity of an incarcerated person's
health care after their release from custody.
735.2 POLICY
The Health Authority should work with correctional staff to ensure that incarcerated persons who
have been in custody for 30 or more days and have pending release dates, as well as serious
health, dental, or mental health needs, are provided with medication and health care resources
sufficient for the incarcerated person to seek health care services once released.t
The Jail Medical and Services Bureau Commander or the authorized designee shall be
responsible for ensuring that release preparation curriculum and materials are developed and
maintained for this purpose, and that community resource information is kept current. Release
planning should include:
(a) Resources for community-based organizations that provide health care services,
housing, funding streams, employment, and vocational rehabilitation.
(b) Lists of community health professionals.
(c) Discussions with the incarcerated person that emphasize the importance of
appropriate follow-up care.
(d) Specific appointments and medications that are arranged for the incarcerated person
at the time of release.
t Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), II.13.1.
735.3 PREPARATION FOR RELEASE
Upon notification of the imminent release of an incarcerated person who has been identified as
having serious medical or mental health needs, release planning shall include the following:
(a) A medical screening shall be conducted to assess the incarcerated person's
immediate medical needs, and arrangements should be made for community follow-
up where needed, including information regarding where to obtain medication.
(b) With the incarcerated person's written consent, the qualified health care professional
should:
1. Share necessary information with health care services.
2. Arrange for follow-up appointments.
3. Arrange for the transfer of health summaries and relevant parts of the health
record to community health care services or others who are assisting in planning
for or providing services upon the incarcerated person's release.
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(c) Contact with community health care services shall be documented via an
administrative note in the incarcerated person's health record.
(d) Incarcerated persons with serious mental health issues, including those receiving
psychotropic medication, shall be informed about community options for continuing
treatment and provided with follow-up appointments, when reasonably possible.2
(e) The Department of Behavioral Health (DBH) shall collaborate with mental health
staff to provide continuity of care with psychiatric medications and referrals to
DBH services, and mental health staff shall have access to the DBH computerized
information database to facilitate such care.2
(f) Transportation shall be coordinated, as necessary, with outside agencies and
applicable community resources for incarcerated people with serious mental illness
who are released from custody.2
1 Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), II.E.4.
2 Hall, et.al. v. County of Fresno E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015), II.B.2-4.
735.4 RELEASE PLANNING RECORDS
All records of community referrals, transferforms, logs, documentation of release planning, lists of
medication provided, records release authorization forms, and any other relevant documents shall
be maintained in the incarcerated person's health file and retained in accordance with established
records retention schedules.
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736 Custody Policy Manual
Privacy of Care
736.1 PURPOSE AND SCOPE
This policy recognizes that incarcerated persons have a right to privacy and confidentiality
regarding their health-related issues. It also recognizes incarcerated persons' right to health care
services that are provided in such a manner as to ensure that privacy and confidentiality, and
encourage incarcerated persons' use and trust of the facility's health care system.
736.2 POLICY
It is the policy of this Office that, to instill confidence in the health care system by the incarcerated
person population, all discussions of health-related issues and clinical encounters, absent an
emergency situation,will be conducted in a setting that respects the incarcerated person's privacy
and encourages the incarcerated person's continued use of health care services.
736.3 CLINICAL EVALUATIONS
Emergency evaluations and rendering of first aid should be conducted at the site of the emergency,
if reasonably practicable, with transfer to the medical clinic or emergency room as soon as the
incarcerated person is stabilized.
Custody personnel should only be present to provide security if the incarcerated person poses a
risk to the safety of the qualified health care professional or others.
736.4 REPORTING INAPPROPRIATE ACCESS OF MEDICAL INFORMATION
The Jail Medical and Services Bureau Commander and Responsible Physician shall establish a
process for staff, incarcerated persons, or any other persons to report the improper access or use
of medical records.
736.5 TRAINING
All corrections personnel, and qualified health care professionals who are assigned to a position
that enables them to observe or hear qualified health care professional/incarcerated person
encounters shall receive appropriate training on the importance of maintaining confidentiality when
dealing with incarcerated person health care.
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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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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
1003 Custody Policy Manual
Counseling Services
1003.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a process for providing counseling and crisis intervention
services to incarcerated persons.
1003.2 POLICY
It is the policy of this Office to provide counseling and crisis intervention services to any
incarcerated person who either requests services or is determined by a health care provider to be
in need of counseling or crisis intervention services.
1003.3 PROCEDURE
The Jail Medical and Services Bureau Commander shall develop procedures to ensure counseling
and crisis intervention services are available to incarcerated persons. These services may be
provided by:
(a) Medical/mental health staff assigned to the facilities.
(b) The chaplain or religious volunteers (see the Religious Programs Policy).
The Jail Medical and Services Bureau Commander shall coordinate with the Responsible
Physician to develop and confidentially maintain records of counseling and crisis intervention
services provided to incarcerated persons and to ensure that those records are retained in
accordance with established records retention schedules.
Incarcerated persons who are victims of a sexual abuse or harassment incident will be informed
of the availability and continuity of counseling (28 CFR 115.82; 28 CFR 115.83).
1003.4 NON-CRISIS COUNSELING
The Office shall, when reasonably practicable, make counseling services available to assist
incarcerated persons who are being released into the community.
1003.5 REFERENCE
Chapter 7: Mental Health Services
Chapter 10: Religious Programs
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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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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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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 BLUE
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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Policy Fresno County Sheriff's Office
1020 Custody Policy Manual
Legal Research Access
1020.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a method to provide legal research material to
incarcerated persons who are serving as their own attorney and actively defending themselves
against the criminal charges that are currently holding them in custody.
LexisNexis provides access to legal research material and may also be made available to
incarcerated persons who are serving as their own attorney and are challenging the conditions of
their confinement, or are challenging an order of commitment or criminal conviction.
1020.2 POLICY
It is the policy of the Fresno County Sheriff's Office Custody Division to provide access to legal
research materials to incarcerated individuals who are officially designated by the court as serving
as their own attorney and are actively defending themselves against the criminal charges holding
them in custody, challenging the conditions of their confinement, or challenging an order of
commitment or criminal conviction.
1020.3 ACCESS TO LEXISNEXIS
All incarcerated people who have access to a tablet or kiosk in the pod have access to LexisNexis.
Incarcerated persons who are acting as their own attorney (in propria persona — or "pro per") on
a criminal matter pursuant to court order, and can produce written documentation of such, will be
afforded up to ten (10) hours per week access to LexisNexis for legal research, if they so request.
(a) Sentenced incarcerated persons have the right to challenge their convictions or
sentences by filing a Petition for Writ of Habeas Corpus (MC 275 form). Incarcerated
persons unrepresented by counsel who produce the court order granting "pro per"
status and who can produce the court's ruling on their petition (such as an Order to
Show Cause a request for an informal response) may request access to LexisNexis.
Such incarcerated persons will be provided a minimum of four (4) hours per week
access, if they so request, based upon availability.
(b) Any incarcerated person may challenge their conditions of confinement, however,they
must first "exhaust administrative remedies" by filing a grievance and appeal prior to
filing the Petition for Writ of Habeas Corpus. Incarcerated persons who produce the
court order granting "pro per" status and who can produce the court's ruling on their
petition (such as an Order to Show Cause or request for an informal response) may
request access to LexisNexis. Such incarcerated persons will be provided a minimum
of four (4) hours per week access, if they so request, based upon availability.
Incarcerated persons who choose to proceed as their own attorney in other civil matters not related
to jail conditions (e.g., dissolution of marriage, child custody issues, contracts, and torts) are not
eligible to receive minimum access to LexisNexis.
NOTE: Public defenders are appointed specifically to represent the incarcerated person in their
criminal case and rarely provide any form of access to the courts to address civil matters involving
claims against the Jail. The incarcerated person may ask the court to appoint an attorney to
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assist in the habeas proceeding, however, incarcerated persons have no right to a court-appointed
attorney unless the court issues an Order to Show Cause (OSC). If the court issues an OSC, the
court will appoint counsel for any incarcerated person who desires but cannot afford to hire one.
Incarcerated persons who are represented by counsel must contact their attorney and/or public
defender with their request for criminal legal material. Incarcerated persons who are represented
by counsel will not be provided minimum access to LexisNexis, but may request resource
materials.
1020.4 RESTRICTED ACCESS TO LEXISNEXIS
Incarcerated persons observed by staff to engage in non-legal work, act in a disruptive manner
while using LexisNexis, damage the kiosk/tablet, damage the assigned room, or assault staff, shall
receive a rule violation. The presiding judge will be notified by Jail Programs staff. A copy of the
notification shall be scanned into the incarcerated person's file.
Disciplinary action for an incarcerated person who is found to be guilty of a serious rule violation
specifically pertaining to legal research resources may be subjected to restricted access to kiosks/
tablets.
Incarcerated persons may be temporarily suspended from physical access to LexisNexis for up
to three (3) days (72-hours) pending investigation of any serious rule violation or when directly
locked down under administrative action.
1020.5 KIOSK USE
If the Wi-Fi for the tablets is inaccessible, mobile LexisNexis kiosks shall be utilized. Jail Programs
staff will be responsible to schedule incarcerated persons who meet the criteria to use the
LexisNexis Kiosks utilizing the OffenderTrak system. The schedule is subject to the approval of
the Jail Administration and Programs Bureau Commander.
1020.6 RESOURCE MATERIALS PROVIDED BY THE LAW LIBRARIAN
(a) Incarcerated persons may submit a Request Form, and specify up to three (3) items
per day to Legal Research. The Law Librarian will provide referrals or resource
materials for the following:
1. Petition for Writ of Habeas Corpus and other printed forms required by State and
Federal courts for initiating or maintaining a court action.
2. The Board of State and Community Corrections (BSCC) minimum standards for
local detention facilities as found in Title 15 of the California Code of Regulations.
3. Facility rules and procedures affecting incarcerated persons as specified in
Section 1045 of Title 15 (e.g., visiting, correspondence, access to telephones,
etc.).
4. DMV information.
5. Voter Registration forms.
6. Addresses of government agencies.
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(b) The Law Librarian will photocopy legal documents for pro per incarcerated persons,
as well as those who are challenging an order of commitment or criminal conviction,
or are challenging the conditions of their confinement (e.g., Petition for Writ of Habeas
Corpus). The incarcerated person will be limited to one photocopy of each document
(unless the incarcerated person demonstrates that more than one copy must be
submitted to court). The legal document to be duplicated, including all exhibits and
attachments, shall be limited to the maximum number of pages needed for the filing,
not to exceed fifty (50) pages in total length, except when necessary to advance
litigation. The incarcerated person shall provide a written explanation of the need for
excess document length.
(c) The following are considered legal documents for the purpose of providing copy
service to the incarcerated persons:
1. Writs — habeas corpus, mandate, etc.
2. Civil rights complaints
3. Civil complaints or answers
4. Petitions for hearings
5. Motions to proceed "in forma pauperis" (without funds to hire counsel)
6. Exhibits, including slip opinions of the California Court of Appeals, when
attached to petitions for hearing in the State Supreme Court.
(d) The following documents will not be photocopied, except as noted:
1. Law book pages
2. Law review articles
3. Court transcripts
4. Correspondence with attorneys or public officials
5. Slip opinions, except as noted above.
(e) Exceptions to any of the limitations specified in this section may be made if the
incarcerated person can provide evidence that litigation is in progress and legal due
dates are imminent.
(f) Photocopies are not provided for incarcerated persons represented by counsel,
including those being assisted by pro per incarcerated persons (with the exception
of those who are challenging an order of commitment or criminal conviction, or are
challenging the conditions of their confinement).
1020.7 COURT-ORDERED TELEPHONE CALLS
(a) All calls related to preparation of the incarcerated person's criminal case will be made
from the telephone in the incarcerated person's housing area.
(b) The incarcerated person is required to provide the Services Unit with the contact
name and telephone number of the person verified as assisting in the incarcerated
person's criminal defense(e.g.,the incarcerated person's court-approved investigator,
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paralegal, legal runner, or other person verified as assisting in the preparation of the
incarcerated person's criminal defense).
1. Upon receipt of the contact name and number, the Services Unit shall be
responsible to call the number provided and verify both the telephone number
and the contact individual.
2. If the staff member is uncertain that the contact name or number is legitimately
assisting in the preparation of the incarcerated person's criminal defense, the
staff member will notify both the Jail Medical and Services Bureau Commander
and the clerk of the court where the incarcerated person's criminal case is
assigned.
(c) The Services Unit shall enter the number(s) into the telephone system as "privileged"
to prevent the calls from being monitored/recorded.
1020.8 JAILHOUSE LAWYERS
In the simplest of terms, a "jailhouse lawyer" is an incarcerated person who assists other
incarcerated persons with litigation. While incarcerated persons may assist other incarcerated
persons with legal matters, a jailhouse lawyer does not have a free-standing First Amendment
right to provide legal assistance to another incarcerated person, and assistance can be restricted
by regulations that are reasonably related to legitimate penological interests.
Pro per incarcerated persons may perform legal assistance for other incarcerated persons,
however, they cannot seek or receive compensation for providing legal assistance.
Communications between incarcerated persons will not be given greater protection simply
because they include legal advice. There are no privileged communications between incarcerated
person and an incarcerated person jailhouse lawyer.
1020.9 INCARCERATED PERSONS IDENTIFIED AS DISABLED OR ILLITERATE
Jail Programs staff will assist illiterate or non-English speaking incarcerated persons or those
physically incapable of reading or preparing forms adopted under rules of the United States courts
and the Judicial Council of California for petitions for habeas corpus if such an incarcerated person
requests assistance.
Reasonable accommodations may include, but are not limited to, identification of legal research
materials, and assistance in reading and scribing forms.
Staff will not provide any type of legal advice, explanation, opinion, or recommendation to an
inmate about possible legal rights, remedies, defenses, options, selection of forms, or strategies.
1020.10 LEGAL MATERIAL
Only designated "pro per" incarcerated persons will be provided with the following materials by
the Jail Programs Unit upon initial use of LexisNexis:
1. Training materials explaining how to use the law library
2. Legal pad
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3. Pencils
4. Pleading paper
5. Blank Motion sheets
Legal material in the possession of an incarcerated person (or contained in an incarcerated
person's housing area)shall not exceed an amount which measures 81/2"x 14"x 24". If the amount
of legal material exceeds that amount, the extra legal material shall be properly identified and
placed into the incarcerated person's personal property, as per policy.
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Policy Fresno County Sheriff's Office
1022 Custody Policy Manual
Electronic Tablet and Kiosk Program
1022.1 PURPOSE AND SCOPE
The Fresno County Sheriff's Office has implemented an Electronic Tablet & Kiosk Program that
offers tablet and kiosk use by the incarcerated person population for the purposes of providing
services and general information. The services and information provided on the tablets/kiosks
may include but are not limited to jail rules and regulations (i.e., Jail Handbook), law library
services, commissary ordering, educational services, and Prison Rape Elimination Act (PREA)
information and reporting. The purpose of this policy is to provide guidelines and procedures for
use, management, and security of tablets/kiosks used by the incarcerated population.
1022.2 POLICY
It is the policy of this office to provide eligible incarcerated persons with use of electronic tablets
and kiosks for educational and rehabilitative programs, activities, and services. Incarcerated
person access to tablets is a privilege and may be suspended, limited, or revoked.
Tablet and kiosk use are subject to availability and may be canceled at any time due the safety
and security of the facility or at the discretion of the facility sergeant.
1022.3 RESPONSIBILITY
It is the responsibility of correctional staff to ensure that tablets and kiosks are properly maintained
which includes total quantity accounting, charging of tablets, and inspection of all tablets and
kiosks for any software issues and/or visible damage.
Correctional staff shall immediately report any unresolvable issues, including the discovery of
missing units,to theirfacility sergeant.Any missing tablet(s)or visible damage to any tablet or kiosk
will require a written incident report and notification to the Jail Services Unit. It is the responsibility
of the Jail Services Unit to identify the nature of the issue once a tablet or kiosk has been deemed
inoperable or missing. Any inoperable tablet will be removed from the pod until the Services Unit
can collect and assess the issue(s).
1022.4 AVAILABILITY OF TABLETS
Correctional staff will ensure tablets are made available in applicable housing units unless such
activity is canceled due to safety and security concerns. Correctional staff will complete an
inspection of each tablet at the beginning of the shift, prior to issuing the tablets, and at end of the
day to ensure they are fully intact and free of damage or tampering attempts. A count of tablets at
issuance and collection shall be documented in the safety check system. Tablets are to have no
physical damage (i.e., cracked or dented screens, discoloration, missing pieces, graffiti, stickers,
etc.) and must turn on with a properly functioning screen. Correctional staff will ensure all tablets
are placed on the charging stations daily to properly charge for use. Tablets are to be left on while
stored/charging to ensure the software updates are downloaded successfully to the devices. Any
technical malfunction or equipment damage will be reported the Jail Services Unit.
Distribution procedure is as follows:
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(a) Once a tablet count and inspection has been completed, correctional staff will issue
them. The number of tablets issued shall be documented in a safety check system.
(b) Correctional staff will verify and document the total number of tablets at the end of
the day and report any missing tablets to their facility sergeant. Correctional staff will
ensure all tablets are returned to charging cabinets and plugged in to allow ample
recharging time for their next use.
Tablets may only be used inside the cell, dayroom, or other communal living spaces. The tablets
are not to be removed from the housing unit. Incarcerated people are required to surrender
the tablet to correctional staff (or return to the tablet cabinet) anytime they leave their housing
unit for an appointment or activity (e.g., visiting, court, medical, recreation, etc.). The officer will
be responsible to store the tablet for safekeeping. Correctional staff will return the tablet to the
incarcerated person when they return to the housing unit.
1022.5 ADMINISTRATIVE SEPARATION LOCKDOWN HOUSING
In a dual effort to combat the adverse effects of isolation while also increasing access to
educational resources, tablets will be made available to those housed in administrative separation
lockdown cells. All incarcerated people assigned to administrative separation lockdown housing
units will be allowed to participate in the tablet program on a voluntary basis, unless they are on
administrative action, disciplinary status, or has been previously found guilty of a rule violation for
destruction or misuse involving a tablet.
Correctional staff will issue and retrieve the tablets on a daily basis, according to schedule and
will be responsible to:
(a) Inspect each tablet prior to issue, ensuring that there are no defects or damage and
the tablet is in working order.
(b) Ensure that the incarcerated person immediately logs onto the system at the time of
issuance.
(c) Assist the incarcerated person with login and password help, if needed.
(d) Upon return, inspect each tablet, ensuring that it is free of damage and in working
order.
(e) Recharge the tablets after collection.
1022.6 DAMAGE, DESTRUCTION, AND INVENTORY
Prior to the end and/or start of each shift, correctional staff shall be responsible for ensuring all
tablets are accounted for and on the charging stations. Correctional staff will examine all tablets
and kiosks at that the beginning and end of shift to ensure they are undamaged and in working
order. Any missing tablet(s) or visible damage to any tablet or kiosk will require the following:
(a) Notify the facility sergeant
(b) A written Jail Incident Report (including photos if applicable)
(c) Notify the Jail Services Unit
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(d) If specific incarcerated people are identified as being responsible for damage to a
kiosk or tablet, a rule violation shall be written as well.
Correctional staff will take any damaged tablet out of service for the Jail Services Unit to collect.Jail
staff will make every effort to identify incarcerated person(s)responsible for damage or destruction
of any tablet and/or kiosk and take appropriate disciplinary action.
1022.7 COMPLETION OF ONLINE PROGRAMS
Successful completion of programs on the tablets is documented. Incarcerated persons may
request educational certificates from the tablet. Please ensure that the following steps are followed
when certificates are requested:
(a) The incarcerated person shall submit a Request Form to Jail Programs stating they
would like printed certificates for courses they have completed.
(b) The incarcerated person MUST specify what certificates that they want printed.
(c) Jail Programs will only print 15 certificates per incarcerated person per week.
(d) All requested certificates must be from courses completed within the last 30 calendar
days.
Incarcerated people should allow 10 days for Jail Programs to process requests and return
certificates.
If any incarcerated person is having difficulty accessing the application to request educational
certificates on the tablets or kiosks, they should submit a Request Form to Jail Programs to reset
the incarcerated person's credentials.
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