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FEDERAL INMATES C-113 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FEDERAL INMATES NO: C-113 FILE: FEDERAL INMATES EFFECTIVE DATE: 06-28-92 REVISED: 08-10-92, 12-25-94, 07-01-98, 01-01-00, 07-01-09, 08-01-15 AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie REFERENCE: Fresno County Sheriff's Office Policies and Procedures Section No. 102; 28 USC 2241; and United States Marshals Service Policy, Directive 9.1. PURPOSE: The purpose of this policy is to establish and maintain a consistent method for processing and handling inmates under federal jurisdiction. POLICY: It is the policy of the Fresno County Sheriff's Office Jail Division that all inmates arrested on federal charges shall be processed as outlined in this policy. It is the policy of the Fresno County Sheriff's Office Jail Division that only federal law enforcement officers are authorized to book individuals for violations of federal law (i.e., open charges of the United States Code). All such arrests shall be accompanied by a United States Marshals Service USM-41 form. It is the policy of the Fresno County Sheriff's Office Jail Division that any law enforcement officer may book individuals on federal warrants. It is the policy of the Fresno County Sheriff's Office Jail Division that all inmates arrested on federal charges shall be considered in the custody of the arresting federal agency until their initial appearance in Federal Court. Subsequent to their initial court appearance, the responsibility for the inmate will transfer to the United States Marshals Service. It is the policy of the Fresno County Sheriff's Office Jail Division that federal inmates in the custody of the United States Marshals Service shall not be released, even temporarily, to any agency (federal, state or local) without authorization from the United States Marshals Service being presented to Jail personnel. Page 1 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FEDERAL INMATES NO: C-113 FILE: FEDERAL INMATES It is the policy of the Fresno County Sheriff's Office Jail Division that federal inmates transported to any medical facility outside the confines of any Fresno County Detention Facility for treatment shall require authorization from the United States Marshals Service prior to their transportation, unless exigent circumstances exist. PROCEDURE: I. OVERVIEW A. All persons arrested for violations of federal statutes must be accompanied by the following documents at the time of booking: 1. A United States Marshals Service Prisoner Remand or Order to Deliver& Receipt for U.S. Prisoners (USM-41) form; OR 2. A warrant issued by a U.S. Magistrate, District Court Judge, or other authorized officer of the U.S. Courts. A USM-41 form is not required, unless the arrest was effectuated by a federal agency. B. All persons who have been arrested on federal charges are considered to be in the custody of the arresting federal agency until their initial appearance in Federal Court. Subsequent to their initial court appearance, the responsibility for the inmate will transfer to the United States Marshals Service (USMS). C. Inmates brought into custody on local/State charges should remain under the jurisdiction of the arresting agency until the local case has been adjudicated. Once the case has been adjudged, the federal agency will be notified to initiate the Federal Court process. Exceptions should be rare, and require a Writ of Habeas Corpus. II. ARRESTEES TO BE BOOKED AS FEDERAL INMATES A. Only federal law enforcement officers are authorized to book individuals for violations of federal law (i.e., open charges of the United States Code). Persons arrested on federal charges must have an accompanying USM-41 form. Such persons shall be considered and booked as a Federal Marshal Hold (refer to Addendum A and Policy C- 180/Holds and Detainers (FILE: HOLDS) for booking transactions). Page 2 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FEDERAL INMATES NO: C-113 FILE: FEDERAL INMATES B. Any peace officer may arrest an individual pursuant to a federal arrest warrant. A USM-41 form is not required (unless the arrest was effectuated by a federal agency). 1. Persons arrested on federal warrants by federal agents may be accompanied by an actual Arrest Warrant. However, most federal warrant arrests will not have an associated warrant abstract, but instead will have a confirmation notice containing the pertinent warrant information. 2. The Booking I Officer shall ensure that the warrant has been confirmed. The charge shall be booked as a Federal Marshal Hold and the form(s) scanned into the inmate's records (Laserfiche DocType = Federal Hold). 3. The arresting federal agency may also submit one of the following detainers, which shall be scanned into the inmate's records. The information from the form should be referenced in the NOTES section of the Holds screen, but will not require a separate charge to be initiated: a. Detainer — Based on Violation of Probation and/or Supervised Release (USM-16D). Issued by USMS when the inmate violates the conditions of probation and/or supervised release. b. Detainer— Based on Federal Judgment and Commitment (US M- 16B). Issued by USMS when the inmate owes time to the Federal Board of Prisons. (Such persons shall not be deported without agreement from the USMS.) c. Federal Detainer — Against Unsentenced Prisoner Based on Federal Arrest Warrant. Utilized by all remaining federal agencies (except USMS). C. Federal inmates shall not be warrant checked at the time of booking. D. Because the inmate is to be booked on a federal hold, any local warrants or out-of-county warrant abstracts presented at the time of booking by the arresting/transporting officer shall be scanned into the inmate's records without a corresponding charge being created. Page 3 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FEDERAL INMATES NO: C-113 FILE: FEDERAL INMATES 1. Local warrants — notify Sheriff's Records that the inmate is in federal custody and the warrant will not be served and needs to be reactivated. 2. Out-of-county warrants — send a teletype and notify the issuing agency that the inmate is in federal custody and the warrant will not be served and needs to be reactivated. 3. A notation shall be placed in the NOTES section of the corresponding Holds screen noting that a local and/or out-of-county warrant abstract has been scanned into the inmate's records and requires checking prior to release. (The warrant will need to be called for and served, should the inmate be released from the federal hold.) III. DEPARTMENT OF HOMELAND SECURITY DETAINERS AND HOLDS A. The vast majority of Immigration and Customs Enforcement (ICE/INS) "holds" are immigration detainers and have an accompanying Immigration Detainer— Notice of Action (1-247) form. The Immigration Detainer shall be accepted and added, however, the detainer will not serve as a hold, or delay an inmate's release beyond the scheduled date of release. Inmates with Immigration Detainers are not considered to be "federal inmates" and it is not necessary to notify or obtain authorization from the United States Marshal (USM) at any time. B. If ICE brings an inmate into custody on a federal charge (e.g., illegal re- entry/18 USC 1326), the charge will have an accompanying USM-41 form. The charge shall be booked and processed as a Federal Marshal Hold and all USMS notifications shall apply. The inmate shall be considered a federal inmate. C. Persons brought into custody on a United States Customs and Border Protection (CBP) hold will have an accompanying Order to Detain or Release Alien (1-203) form. The hold is used to detain individuals who are awaiting CBP determination of admissibility and/or further administrative immigration action. The Order to Detain is limited to seventy-two (72) hours and will be accompanied by a CBP letter noting the release date and time. Page 4 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FEDERAL INMATES NO: C-113 FILE: FEDERAL INMATES 1. Although the charge is billable, there is no accompanying USM-41 form. (The charge is billed directly to CBP.) 2. Inmates with CBP Holds are not considered to be under the auspices of the USMS and it is not necessary to notify or obtain authorization from the USM at any time. If necessary, any notifications shall be made directly to CBP. IV. FEDERAL CHARGES ADDED AS AN ADDITIONAL CHARGE (DETAINER) A. If an inmate is originally booked into custody with local charges, but then a federal agency wants to add charges, the following documents must be submitted: 1. A Notice of Additional Charges (J-169) form 2. A USM-41 form B. The charge shall be booked as a Federal Marshal Detainer (regardless of the agency) and the code section (if available) shall be listed in the NOTES section, along with a notation stating: "OK to attend local court. Contact (agency) and USMS when local charges are dispositioned." (If the charge is booked as a Federal Hold, the inmate will not be able to attend any scheduled local court appearances while under the federal jurisdiction without authorization from the USM.) Federal detainers are not billable. C. When a document is received that causes the disposition of the last local charge and a federal detainer exists, the inmate's name will appear on the list of federal inmates. After the local charges are dispositioned, the inmate's PRISONER TYPE shall be changed to FEDERAL. NOTE: It is important that the PRISONER TYPE field NOT be modified before the local charges are dispositioned. The modification causes the inmate to be flagged as a federal inmate — and as a federal inmate, the inmate would not be permitted to attend local court proceedings without first obtaining authorization from the USM. 1. Notify the federal agency that placed the detainer that the local case has been adjudicated. Page 5 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FEDERAL INMATES NO: C-113 FILE: FEDERAL INMATES 2. Send a follow-up email notification to the USM. Note that the originating federal agency has been notified (if different than the USMS), and include the agency representative's contact information. 3. Print and scan the email notification into the inmate's records. 4. Disposition and remove the detainer. 5. Create a Federal Marshal Hold. Billing will be automatically generated. D. If the document received sentences the inmate to CDCR and a federal detainer exists, the state commitment will take precedence and the inmate will be transported to prison along with the federal detainer. 1. Notify the federal agency that placed the detainer that the inmate has been sent to prison. 2. Send a follow-up email notification to the USM. Note that the originating federal agency has been notified (if different than the USMS), and include the agency representative's contact information. 3. Print and scan the email notification into the inmate's records. V. WRIT OF HABEAS CORPUS A Writ of Habeas Corpus is a legal document directing a detention official to produce an inmate before the court to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum). A. Writs of Habeas Corpus Ad Prosequendum, although issued by the State, must be approved by the USM. Writs received from any source other than directly from the USMS are not considered valid. B. The USM is not required to honor a request for a federal prisoner in his or her custody pursuant to a State or local writ. Generally, the writ is not honored until the completion of the inmate's sentencing. In honoring a State or local write, the USM will exercise discretion when an inmate is a protected witness, has medical problems, or is a high security risk. Page 6 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FEDERAL INMATES NO: C-113 FILE: FEDERAL INMATES VI. TEMPORARY REMOVAL FROM THE FACILITY A. Federal inmates in the custody of the USMS shall not be released to any other agency (federal, state, or local), without written authorization from the USM. B. Jail staff members who receive authorization from the USM, which initiates the removal of a federal inmate from custody, shall notify the Booking/Records Sergeant on duty. C. The Sergeant shall notify the Watch Commander. D. A designated Records Officer shall create a "File" EVENT via the OffenderTrak system and make a notation in the DESCRIPTION section indicating the name and telephone number of the person from whom authorization was obtained. E. The federal inmate may then be released into the custody of the requesting agency. F. Authorization from the USM shall be presented each time a federal inmate is removed from Fresno County Detention Facility custody. VI I. FEDERAL INMATES SCHEDULED FOR LOCAL COURT A. Federal inmates in the custody of the USMS shall not attend any scheduled local court appearance without written authorization from the USM having been presented to Jail personnel. The written documentation shall be scanned into the inmate's records. B. If a federal inmate is scheduled for any court appearance other than federal, a designated Records Officer shall verify that a Writ of Habeas Corpus is on file with the inmate's records. Careful attention should be given to the content of the Writ, possibly limiting authorization to a single court appearance. C. If no written authorization is on file, or the Writ that is on file was specified for a previous court appearance, the inmate's court date will be canceled and Court Holding notified. Page 7 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FEDERAL INMATES NO: C-113 FILE: FEDERAL INMATES Vill. FEDERAL INMATE TRANSPORT TO THE HOSPITAL A. Federal inmates in the custody of the USMS shall not be transported from the confines of any Fresno County Detention Facility without prior authorization of the USM. B. Two (2) officers shall be assigned to transport/accompany and guard the inmate whenever they leave the facility. C. Designated Medical Services staff shall be responsible to contact and obtain authorization from the USM prior to scheduling off-site clinic appointments. D. The Administrative/Central Control Sergeant shall be responsible to contact and notify the USM prior to any emergency transportation to the hospital. 1. The Sergeant shall create a "File" EVENT via the OffenderTrak system and make an appropriate notation in the DESCRIPTION section indicating the name and telephone number of the person from whom authorization was obtained. 2. The USM shall be notified when the inmate has been returned to the facility. E. The USM shall be informed each time a federal inmate is transported away from the confines of the Fresno County Detention Facility. IX. FEDERAL INMATE EMERGENCY NOTIFICATIONS A. If a federal inmate dies, escapes, attempts to escape, is involved in a use of force situation, or is removed from the Fresno County Detention Facility for any reason, the USM shall be notified, twenty-four hours a day, at (559) 487-5600. B. If the federal inmate is sentenced and committed to serve their term at the Fresno County Detention Facility, the Federal Bureau of Prisons must be notified, as well. 1. During their normal working hours (7.30 a.m. to 4.00 p.m.), the Federal Bureau's Community Corrections Office shall be contacted and notified at (916) 930-2002. Page 8 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FEDERAL INMATES NO: C-113 FILE: FEDERAL INMATES 2. After normal business hours, the Community Corrections Manager shall be contacted at (916) 203-3313. X. FEDERAL CHARGES COMPLETED A. When an unsentenced federal inmate is released from USMS custody following the dismissal of charges, the court will issue a release order, and the USM will provide a modified USM-41 form noting "Release Authorized." B. Once the federal hold is dispositioned, the inmate shall be warrant checked and any warrants found shall be booked. (It will be necessary to change the inmate's PRISONER TYPE from "Federal" to "County" or "Out of County Wart", as applicable.) XI. AWOL — MILITARY DESERTERS A. If a military deserter is brought into custody, the affected military agency shall be notified when the inmate is ready for pick-up and the appropriate teletypes shall be sent. B. Neither the Sheriff's Transportation Unit nor the USMS is involved in returning the inmate to their respective military agency. Page 9 of 9