Loading...
VISITING E-330 02-09-23 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE VISITING NO: E-330 FILE: VISITING EFFECTIVE DATE: 07-17-89 REVISED: 12-18-89,08-06-90, 12-25-94,06-17-96, 11-01-98 11-01-02, 12-03-19 AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie REFERENCE: Penal Code Sections 4032, 4570.5, and 4571; California Code of Regulations, Title 15, Sections 1062 and 1081; People v. Loyd, 27 CalAt" 997 (May 2002); Overton v. Bazzetta, #02-94, 539 U.S. 126 (2003); and 28 Code of Federal Regulations 35.136. PURPOSE: The purpose of this policy is to develop and implement a visiting plan which allows inmates with acceptable behavior the privilege to have non-contact visits with family members and friends. POLICY: It is the policy of the Fresno County Sheriffs Office Jail Division that all inmates shall be given the opportunity to have a minimum of two (2) visits totaling at least one (1) hour, per week. It is the policy of the Fresno County Sheriffs Office Jail Division that all personal visits shall be non-contact visits. It is the policy of the Fresno County Sheriffs Office Jail Division that inmates shall not be allowed to visit other inmates while in custody. PROCEDURES: I. INMATE VISITING A. 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. The visiting schedule is also available via the Fresno County Sheriff's website at www.fresnosheriff.org. Page 1 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE VISITING NO: E-330 FILE: VISITING B. Visits will be accommodated on a first come, first served basis and are individually timed. C. 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 later than 9.15 p.m. Exceptions to the normal visiting hours may be granted by the Watch Commander. D. Inmates will be allowed two (2) 30-minute personal visits each week, totaling one hour per week. Inmates 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. 1. Pod and Floor inmate workers will be eligible for one (1) additional 30-minute visit, for a total of three (3) 30-minute visits. 2. Laundry and outside/facility inmate workers will be eligible for two (2) additional 30-minute visits, for a total of four(4) 30-minute visits each week. E. Inmates may refuse to see a visitor. Such refusal shall not result in removal of the visitor from the inmate's visitor list. To remove a visitor from the visitor list, the inmate must submit a written request. F. Inmates are not allowed to visit other inmates, even if related. II. THE INMATE VISITING LIST A. Each inmate is given the opportunity to designate the names of five (5) adults on their visiting list at the time of booking. B. Inmates may change their visiting list at any time by filling out an Inmate Request Form designating the names of up to five (5) adult visitors and submitting it to a housing officer. C. It is not necessary for the names of minor children to appear on the visiting list. D. Special visits granted by the Watch Commander may be noted in Offendertrak under PERSON--+REQUEST. The Lobby Officer shall review the screen for special notations before turning away visitors who claim to have special visits. Page 2 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE VISITING NO: E-330 FILE: VISITING E. Criminal protective orders may restrict personal visits between the victim and the accused. If an order specifies minimum distance requirements, the receiving Records Officer will be responsible to create an ALERT ("Restraining Order") and indicate the name of the person to be denied access, as well as the expiration date of the order. The inmate's visitor list should also be modified to indicate that the person has been banned from visiting the inmate, to include the reason and date range. [MISCELLANEOUS,VISITOR,BAN] III. GENERAL RULES FOR VISITING INMATES A. All adult visitors are required to present valid governmental picture identification before being permitted to visit. Acceptable forms of identification are limited to- 1. DMV or other state-issued Driver's License or Identification Card 2. United States Armed Forces identification card 3. Passport 4. Foreign consulate identification card (e.g., Matricula Consular de alta Seguridad (MCAS) issued by the Mexican Consulate). 5. 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). B. Visitors under 18 years of age must be accompanied by an adult visitor. Children must be kept under the control and supervision of the adult visitor at all times. 1. Minor visitors are limited to the inmate's immediate family members and includes siblings, the inmate's natural and adoptive children, grandchildren, and legal stepchildren. Nieces, nephews, and cousins are not considered immediate family members and will not be permitted to visit. 2. A minor legal spouse of an inmate may visit the inmate as an adult if they present a certified copy of the marriage certificate. 3. An emancipated minor may visit as an adult, but must provide a certified copy of the court order granting emancipation. Page 3 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE VISITING NO: E-330 FILE: VISITING C. Only three visitors (including infants and children) will be allowed to visit the inmate at one time. D. Visitors are expected to dress appropriately and maintain a standard of conduct during visiting that is not offensive to others. (Refer to Addendum A for the Visitor Dress Code and Prohibited Attire.) E. Visitors are not to visit other inmates, and are to refrain from loud talking or any disruptive behavior. F. 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. IV. VISITOR ENTRY AND SEARCHES A. Personal items are not permitted inside the visiting area. This includes purses, backpacks, cameras, cell phones, food, beverages, cigarettes, weapon, strollers, and car seat/carriers. Visitors will be instructed to lock the items in a vehicle or locker or return at another time without the items. Under no circumstances will staff accept any personal property from a visitor for safekeeping. The Sheriff's Office is not responsible for lost or stolen items. The only permissible items include- 1. The individual's identification 2. Keys 3. Sunglasses 4. One blanket, diaper, wipes, bottle, and pacifier may be brought in with an infant. 5. Toy (one per child). May not be motorized, electrical, or a weapon facsimile (e.g., knife, gun, grenade, etc.). B. 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. Page 4 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE VISITING NO: E-330 FILE: VISITING C. If the search of any visitor's person or property requires additional search, consent shall be obtained from the visitor prior to the search. A visitor who refuses to be searched shall be denied visiting for that day. D. Visitors shall not be forcibly searched unless there is a court issued warrant to conduct the search, or the individual is being detained for unlawful actions or activities. Suspicion of unlawful actions or activities will not be cause for the arrest and detention of an individual, but may be cause for ordering or escorting the individual off the premises. V. DENIAL OR TERMINATION OF VISITING PRIVILEGES A. Visitation maybe denied or terminated if the visitor poses a danger to the security of the facility or there is other good cause, including, but not limited to the following: 1. The visitor is not appropriately attired in accordance with the visitor dress code. 2. The visitor does not have appropriate identification, or has attempted to falsely identify himself/herself to gain admittance into the facility. 3. The visitor appears to be under the influence of drugs or alcohol. 4. The visitor refuses to submit to being searched. 5. The visitor or inmate violates facility or visiting rules. 6. The visitor causes damage, destruction or vandalism to the visitation room or Lobby. 7. The visitor fails to supervise and maintain control of any minor accompanying him/her into the facility. 8. The visitor disrupts other visits/visitors. 9. The visitor has attempted to enter the facility with contraband. a. Any person found to have a cell phone in their possession will be banned from visiting for ninety (90) days. b. A subsequent violation may result in criminal prosecution and permanent expulsion. Page 5 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE VISITING NO: E-330 FILE: VISITING B. 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 supervising sergeant. C. Any visit that is terminated early shall have the actions and reasons documented in an incident report. The supervising sergeant 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 Bureau Commander. All decisions on visiting appeals are final. VI. INMATE RULES AND RESPONSIBILITIES A. Inmates 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. Inmates 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 inmate who is out of their cell at an activity will be advised that the inmate is not available to visit and offered the opportunity to wait. B. Inmates who miss a scheduled activity while they are at a visit will not be afforded the opportunity to "make up" the missed attendance. C. Inmates and visitors are to refrain from loud talking or any disruptive behavior. Additionally, inmates and visitors- 1. Shall NOT sit on the visiting table. 2. 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 inmates or visitors, the Facility Sergeant shall be notified to tactfully address the situation. 3. Shall NOT pose for photographs. (Cell phones are prohibited.) 4. Shall NOT visit with other inmates/visitors. 5. Shall hang up the phone and exit the visiting area at the conclusion of the visit, or when otherwise instructed to do so. Page 6 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE VISITING NO: E-330 FILE: VISITING D. Inmate workers are responsible for notifying their visitors of their work schedules. E. Inmate workers with job duties outside of the facility are prohibited from making arrangements for family members or friends to meet them while on duty. Any person who communicates with an inmate, or brings or takes a letter to or from any inmate, may be arrested and charged with Penal Code Section 4570. VI I. RESTRICTION OR SUSPENSION OF AN INMATE'S VISITS A. An inmate's visits may be restricted or suspended only under the following circumstances- 1. Temporarily with approval of the Watch Commander - When an inmate has acted in a way that would reasonably indicate that he or she would be a threat to the orderliness or security of the facility, visiting may be restricted or disallowed temporarily with the approval of the Watch Commander. Ordinarily, the duration of any restriction or suspension should be limited to the time required to investigate and initiate the discipline process. 2. 24-hour lockdown - Inmates who are placed on temporary lockdown for minor acts of non-conformance or minor violations of facility rules may be confined to their cell and lose access to television, telephone, tablet, commissary, and visitation privileges for a period not to exceed 24 hours. [Refer to E-230/Inmate Discipline [FILE: DISCIPLINE).] 3. As a punitive action for rule violations - Inmates who violate facility rules are subject to a loss of privileges as a form of discipline. Visiting restrictions may be applied as a result of a disciplinary process where inmates are afforded due process. The suspension of privileges based on a finding of guilt in a disciplinary hearing shall be assessed as set forth in policy E-230/Inmate Discipline [FILE: DISCIPLINE]. 4. Administrative Action —When necessary to impose restrictions that reasonably relate to a legitimate, non-punitive administrative purpose. B. If a visit is terminated by Jail staff for a reason unrelated to the actions of the inmate or visitor(e.g., evacuation, disturbance, etc.), the visit shall be credited to the inmate as unfulfilled. Page 7 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE VISITING NO: E-330 FILE: VISITING Vill. VISITING RESTRICTIONS WITH MINORS A. When an inmate 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 inmate has been arrested, but not convicted, of any crime involving a minor victim, the inmate's visiting status shall remain unrestricted. IX. EXCEPTIONS FOR ADDITIONAL VISITS Exceptions for additional visits in excess of the two allowed may be permitted in the following circumstances: 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 inmate'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 inmate's immediate family. Clergy or other individual may visit the inmate to inform the inmate of the occurrence. D. Social workers bringing in an inmate'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 the G-drive [G/RefMat/Custody/Clergy List/Clergy List]. These individuals will NOT have Jail identification cards, but are allowed to perform an unlimited number of non-contact personal visits with inmates. Such visits shall be restricted to thirty (30) minutes and scheduled as a non-contact interview event. [MISCELLANEOUS,SCHEDULING,INTERVIEW(NON-CONTACT)] Page 8 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE VISITING NO: E-330 FILE: VISITING X. BOND ROOM and VIDEO VISITATIONS A. For safety and security reasons, inmates housed in administrative segregation lockdown cells will receive their personal visits in a secure non-contact interview room (i.e., "Bond Room"). 1. If the Bond Rooms are full, the visitor may be given the option to either wait for an available Bond Room, or utilize video visitation. Video visitation kiosks are available on each housing floor. 2. Any request made by a visitor to utilize video visitation to perform their visit will be accommodated. 3. The inmate has the right to refuse a video visit and request in-person visitation. In such cases, the video visit will be cancelled and the visitor will have the option to either wait or return. B. Similarly, if it is necessary for any inmate to have isolated visits for their protection and/or the protection of others, the inmate may be designated for visiting in a Bond Room. Examples include, but are not limited to: 1. Inmates with contagious diseases, as indicated by Medical staff. 2. Inmates in safety cells. 3. Other circumstances, as determined by the on-duty Watch Commander or Population Management staff. XI. DISABLED VISITORS A. The Sheriffs Office shall ensure reasonable accommodations are made available to disabled visitors. Visitors who will require reasonable accommodation are asked to notify the ADA Coordinator or on-duty Watch Commander of their needs prior to visiting. B. The Americans with Disabilities Act (ADA) Public Notice shall be prominently displayed in the public lobby area of all Jail facilities. C. Medical and disability-related assistive devices needed by visitors are permitted inside the Jail facilities, however, they are subject to inspection and search. 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 handheld metal detector. Page 9 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE VISITING NO: E-330 FILE: VISITING D. Service animals may accompany a visitor into the facility during their visit. 1. The ADA defines a service animal as any dog individually trained to work or perform for the benefit of an individual with a disability. Service animals are working animals, not pets. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA. [Refer to Section XVI of policy D-140/Inmates with Disabilities (FILE: ADA INMATES) for additional guidelines involving service dogs.] 2. In addition to service dogs, miniature horses that have been individually trained to work or perform tasks for a disabled person will be permitted to accompany the person into the facility if the horse is housebroken and under the owner's control. (Miniature horses are generally between 24-34 inches in height and weigh between 70 and 100 pounds.) XII. HOSPITAL VISITS A. Generally, hospitalized inmates 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 inmates who experience hospital stays in excess of seven (7) days duration, have given birth, or for those having life-threatening or critical injuries or illnesses. Visits are restricted to immediate family members. Exceptions are subject to the approval of the Watch Commander. C. Pregnant inmates 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). [Refer to policies D-150/Pregnant Inmates (FILE: PREGNANT INMATES) and D-238/Guarding Inmates at Off-Site Medical Facilities(FILE: GUARDING HOSPITALIZED INMATES).] D. Inmates 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. [Refer to policy D-239/Guarding Inmates at Off-Site Mental Health Facilities (FILE: GUARDING PSYCH INMATES).] Page 10 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE VISITING NO: E-330 FILE: VISITING XIII. MEDIA ACCESS TO INMATES News media representatives have no greater right of access to detention facilities or inmates than any other member of the public. A visit by news media personnel shall be considered a social visit, not a professional visit. [Refer to policy D-420/News Media Access and Interviews (FILE: MEDIA INTERVIEWS) and Addendum D-420A for media access instructions.] XIV. MONITORING INMATE VISITS A. "Privileged communication" is a conversation that takes place within the context of a protected relationship. Visits between an inmate and their attorney, religious advisor, or physician are considered privileged communications and will not be monitored or recorded without a warrant. B. Conversations between inmates and their visitors are not considered to be privileged communications and may be randomly monitored and recorded. Page 11 of 11