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FOREIGN NATIONALS C-130. FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FOREIGN NATIONALS NO: C-130 FILE: FOREIGN NATIONALS EFFECTIVE DATE: 12-18-89 REVISED: 12-25-94,09-01-98,09-01-99, 11-01-99, 08-01-03,11-01-05,07-01-09,06-20-17, 10-21-19, 02-01-21 APPROVED BY: Sheriff M. Mims BY: Assistant Sheriff T. Gattie AUTHORITY & REFERENCE: Vienna Convention on Consular Relations, Articles 5, 36, 37 and 38; "Consular Notification and Access Manual" (United States Department of State, 2018); Penal Code Section 834c; and Prison Rape Elimination Act of 2003 (42 USC 15601); 28 CFR 115. PURPOSE: The purpose of this policy is to provide written procedures that comply with United States treaty obligations regarding consular notification and access. POLICY: It is the policy of the Fresno County Sheriff's Office Jail Division to notify the appropriate foreign consular office of the detention of any foreign national when required by law or treaty. It is the policy of the Fresno County Sheriff's Office Jail Division that all foreign nationals shall be advised of their right to communicate with consular officers representing their nation of origin, orally and/or in writing. It is the policy of the Fresno County Sheriff's Office Jail Division that all foreign nationals will be allowed to communicate via telephone, visits and/or by mail with their consular officers. It is the policy of the Fresno County Sheriff's Office Jail Division that in the event of a foreign national's death, serious injury, or serious illness while in custody, the appropriate consular officers will be notified. PROCEDURES: Page 1 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FOREIGN NATIONALS NO: C-130 FILE: FOREIGN NATIONALS I. DEFINITIONS CONSULAR OFFICER- A foreign official authorized by the Department of State to provide assistance to the foreign government's citizens in the United States. Different from "counsel," which is an attorney authorized to provide legal advice. Consuls are not authorized to practice law. "Consular officer," "consular official," and "consul" mean the same thing for purposes of this policy. FOREIGN NATIONAL — For the purpose of consular notification, a "foreign national" is any person who is not a United States citizen. All foreign nationals are entitled to consular notification and access, regardless of their visa or immigration status in the United States. Thus, "illegal" aliens have the same rights to consular assistance as do "legal" aliens. WITHOUT DELAY — Means that there should be no deliberate delay, and that notification should occur as soon as reasonably possible under the circumstances. II. NOTIFICATION REQUIREMENTS A. Whenever a foreign national is arrested or detained, there are legal requirements to ensure that the foreign national's government can offer appropriate consular assistance. 1. In all cases, the foreign national must be told of the right of consular notification and access. 2. In most cases, the foreign national then has the option to decide whether to have consular representatives notified of the arrest or detention. 3. In other cases, however, the foreign national's consular officials must be notified of an arrest and/or detention regardless of the foreign national's wishes. 4. Whenever a foreign national is taken into custody, the detaining official should determine whether consular notification is at the option of the foreign national or whether it is mandatory. B. Ordinarily, the law enforcement officers who make the arrest should make Page 2 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FOREIGN NATIONALS NO: C-130 FILE: FOREIGN NATIONALS the determination and notification. The Booking Officer who accepts the arrest tag shall: 1. Inquire as to whether notification has been made to the foreign national's consular office. 2. Ensure that appropriate notification or follow-up is made to the designated consulate. III. MANDATORY NOTIFICATION COUNTRIES A. Mandatory notification requirements arise from bilateral agreements between 56 countries that have agreed to special rules with the United States. Consular officer notification must be made regardless of whether the national requests or wants consular notification. A list of mandatory notification countries can be found in Addendum A to this policy. B. Lawful permanent resident aliens (LPR's) who have a resident alien registration card (DHS Form 1-551), commonly known as a "green card," are not U.S. citizens. They retain their foreign nationality and must be considered "foreign nationals" for the purposes of consular notification. C. Even if law enforcement officials of the foreign national's country are aware of the detention and are helping to investigate the crime in which the foreigner was allegedly involved, it is still necessary to ensure that the consular notification procedures are followed. D. If an inmate is a U.S. citizen and a national of another country (i.e., dual citizenship), that person may be treated exclusively as a U.S. citizen. Consular notification is not required, even if the other country is a mandatory notification country. IV. NOTIFICATION ADVISEMENTS A. A sign has been conspicuously posted in the booking area and a notice has been included in the Inmate Orientation Handbook, informing the inmates that they have the right to have their consular official contacted. B. All inmates who were born in a foreign country must be notified of their right to consular notification (unless they can claim U.S. citizenship). The inmate may be informed orally or in writing. C. If the foreign national's country is on the list of mandatory notification Page 3 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FOREIGN NATIONALS NO: C-130 FILE: FOREIGN NATIONALS countries, the nearest consulate shall be notified and the inmate shall be advised of the following: 'Because of your nationality, we are required to notify your country's consular officers here in the United States that you have been arrested or detained. We will do this as soon as possible. In addition, you may communicate with your consular officers. You are not required to accept their assistance, but your consular officers may be able to help you obtain legal representation, and may contact your family and visit you in detention, among other things. Please sign to show that you have received this information." D. If the foreign national's country is not on the mandatory notification list, offer,without delay, to notify the foreign national's consular officials of the arrest/detention. The inmate shall be advised of the following: 'As a non-U.S. citizen who is being arrested or detained,you may request that we notify your country's consular officers here in the United States of your situation. You may also communicate with your consular officers. A consular officer may be able to help you obtain legal representation, and may contact your family and visit you in detention, among other things. If you want us to notify your consular officers, you can request this notification now, or at any time in the future. Do you want us to notify your consular officers at this time?" E. Translations of both statements are available in Arabic, Burmese, Cambodian, Chinese (traditional and simplified), Creole, Farsi, French, German, Greek, Hebrew, Hindi, Indonesian, Italian, Japanese, Korean, Lao, Polish, Portuguese, Romanian, Russian,Spanish, Tagalog(Filipino), Thai and Vietnamese. (Refer to G/RefMat/Custody/Forms/ Foreign Consulate Forms.) V. CONSULAR NOTIFICATION A. All consular notifications are to be made without delay. The consular notification should be made by fax if possible, and by telephone, if not. B. The reason for the detention does not have to be provided in the initial communication. The inmate may or may not want this information communicated. The charges shall not be provided unless requested specifically by the consular officer, and/or if the inmate authorizes the disclosure. If a consular officer insists that he/she is entitled to Page 4 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FOREIGN NATIONALS NO: C-130 FILE: FOREIGN NATIONALS information about an inmate that the inmate does not want disclosed, the Department of State can provide guidance. (Different requirements may apply if there is a relevant bilateral agreement.) C. Under no circumstances should any information indicating that a foreign national may have applied for asylum be disclosed to that person's government. D. The fax and telephone number of the consular office can be obtained via the following- 1. Addendum B provides a list of consular offices that are more commonly contacted. 2. A complete list of all foreign consular offices in the United States can be obtained via the Department of State's webslte Qravel.state.aov/QNA). (If unable to access, contact the Booking/Records Sergeant to obtain the information.) 3. By contacting the Bureau of Consular Affairs at(202)647-4415 during regular business hours. 4. For urgent telephone inquiries after normal business hours, call the Department of State Operations Center at (202) 647-1512. E. In cases of emergencies (such as death, serious injury, or serious illness), efforts should be made to contact consular officers outside of normal hours. Such notification should be made by fax or email, if possible, and by telephone, if not. VI. BOOKING RESPONSIBILITY A. The consulate notification statement (mandatory or optional, as applicable) shall be provided to the inmate in the language of their preference. Translations of both statements are available in the G-drive (G/RefMat/Custody/Forms/Foreign Consulate Forms). 1. Statement 1 informs the inmate of their option to notify the consular office. The inmate is required to make a decision (YES or NO). The Booking Officer shall witness the inmate's signature on the form. Alternatively, a Consulate Notification (J-184) form may be utilized. 2. Statement 2 notices the inmate that notification of the consular office Page 5 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FOREIGN NATIONALS NO: C-130 FILE: FOREIGN NATIONALS is mandatory and the consulate has (or will be) notified. The Booking Officer shall witness the inmate's signature acknowledging receipt of the notification. 3. The inmate shall be provided information on how to contact the relevant consular office. The Booking Officer shall indicate the telephone number and address of the nearest consular office on the form, and provide the inmate with a copy of the form. 4. The original/signed form shall be scanned into the inmate's records (under Communications/Teletype). B. If a foreign national's country is on the mandatory notification list, or if the inmate requests that their consular office be notified, the appropriate consular office shall be notified. The consular notification should be made by fax or email if possible, and by telephone if not. If more than one notification is necessary, each notification shall be made separately. 1. A copy of the fax and fax confirmation receipt, or the sent email, shall be scanned into the inmate's records (under Communications/ Teletype). 2. If unable to fax, a telephone call shall be made to the consulate office. The foreign national's information shall be orally communicated to a live person, or a message left on an answering machine (if available). C. The inmate's DEMOGRAPHICS screen shall be modified to reflect the country of citizenship and whether the consular office was notified ("Consl/Cit" and "Notified?" under the Add/Tele/CDC/Consul tab). 1. If notification was made via telephone, the NOTES section shall be modified to document the location and telephone number of the consulate contacted, the name of the official to whom the information was given, and the date and time of notification. If a message was left, indicate as such. 2. Passport information shall be entered, if available ["Additional Identification" under the Names tab; IDENTITY NUMBER = the passport number; DESCRIPTION = name of the issuing country.] D. The inmate shall be allowed to make a telephone call to the appropriate Page 6 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FOREIGN NATIONALS NO: C-130 FILE: FOREIGN NATIONALS foreign consular office at the time of booking or as soon as possible following booking. NOTE: Providing the inmate access to a telephone and relevant phone number does not alleviate the agency's obligation to contact consular officials. Such access is only sufficient to satisfy the obligation to permit consular communication. VI I. NOTIFICATIONS SUBSEQUENT TO BOOKING A. If an inmate's foreign nationality was not known or could not be determined at the time of arrest and/or booking, or if the inmate later decides (subsequent to booking) that he/she wishes for their foreign consulate to be notified, it will be necessary to complete consular notification procedures at that time. B. If at any time an inmate decides that they want their foreign consular office notified, the Facility Sergeant shall be notified. The Sergeant shall ensure that the procedure to contact the consular office is initiated and documented. (Refer to the procedures under Section VI.) Vill. CONSULAR COMMUNICATIONS, FACILITY ACCESS AND VISITATION PRIVILEGES A. The United States has bilateral agreements with the following countries requiring that the foreign consular officers be allowed to converse with their national in private- 1. Antigua and Barbuda; Bahamas; Barbados; Belize; Brunei; Costa Rica; Cyprus; Dominica; Fiji; Gambia; Ghana; Grenada; Guyana-Ireland; Jamaica; Japan; Kirti; Kuwait; Malaysia; Malta; Mauritius; Nigeria; Saint Kitts and Nevis; Saint Lucia; Saint Vincent and the Grenadines; Seychelles; Sierra Leone; Singapore; Tanzania; Tonga; Trinidad and Tobago; Tuvalu; United Kingdom; Zambia; and Zimbabwe. (Refer to Addendum C for the list of associated telephone numbers that have been blocked from monitoring and recording.) 2. In cases of nationals of other countries, privacy is encouraged but not required. B. A consular officer may communicate with a foreign national in custody by Page 7 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FOREIGN NATIONALS NO: C-130 FILE: FOREIGN NATIONALS any or all of the following methods- 1. Written correspondence. Correspondence via the U.S. Postal Service shall be treated as confidential mail. Inmates may correspond confidentially, but at their own expense, with all officials of a foreign consulate. 2. Contact visits. The visit should be conducted in the attorney interview area. These visits will not count as a personal visit. 3. Telephone calls from the inmate. If the consulate refuses to accept a collect call from a foreign national inmate, the obligation allowing the inmate to communicate with the consular officer is satisfied by permitting the inmate to communicate by letter. However, the Department of State encourages permitting telephone communications, including direct calls to consulates that do not accept collect calls, as long as the privilege is not abused. 4. In an emergency, the Watch Commander may be contacted by a Consular Official to relay a message directly to the foreign national in custody. C. Consular officers may have access to the inmate regardless of whether the inmate requests it. If the foreign national does not want consular assistance, the consular officer should be allowed an opportunity to confirm this fact directly, through a one-time face-to-face visit. D. Consular officers and diplomats must have proper identification to gain facility access. They should be carrying identification cards issued by the Department of State. The cards have a red border, the person's photo and "Consular Identification Card"written across the top left side. If there is any doubt about the authenticity of a Department of State identification card, the Department of State's Office of Protocol may be contacted at (202) 647-1985 to have the identity and status of the official verified during business hours (8.15 a.m. — 5.00 p.m., EST) or the Department's Bureau of Diplomatic Security at (202) 647-7277, (571) 345-3146, or (866) 217-2089 outside of those hours. E. A consular officer may take actions contrary to the foreign national's interests, and is not required to preserve the confidences of the foreign national unless so required under the laws of his or her own country. IX. TRANSLATION SERVICES Page 8 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: FOREIGN NATIONALS NO: C-130 FILE: FOREIGN NATIONALS A. If an inmate requires translation services in a language not commonly spoken, contact the Sheriff's Office interpretation service provider. B. Voiance provides 24-hour service in hundreds of languages, including American Sign Language (via video interpretation). [Refer toAddendumsol and oz.] 1. Contact the service at 1-866-998-0338. 2. Enter the Sheriff's Office account number (XXXXX), the Jail's PIN (XXXX), and employee ID number (numeric only). Select 1" to confirm. 3. Select the language needed: "1" for Spanish "2" for Punjabi "3" for Hmong 'A" for Lao "5" for Cambodian "0" for all other languages or customer service C. Brief the interpreter on the nature of the call and begin the conversation. D. Document the translator's name and identification number as a GENERAL LOG entry. (LOG—.INMATE LOG; LOG TYPE=GENERAL) X. RECORDKEEPING A. Written records which show compliance with notification requirements shall be maintained and scanned into the inmate's file. The records should include all notifications to foreign consular representatives. B. In cases in which notification is at the discretion of the inmate, records should indicate that the inmate was informed of the option of consular notification, the date when the inmate was so informed, and whether or not the inmate requested that consular officers be notified. C. If a foreign national dies, is seriously injured, or becomes seriously ill, the nearest consulate of the inmate's country shall be notified as soon as reasonably possible. The notification should be made by fax or email if possible, and by telephone if not. The notification shall be documented in the incident report, and a copy of the fax and fax confirmation receipt or sent email shall be scanned into the inmate's records. Page 9 of 9