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FEDERAL COURT RELEASE C-211 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: CRITERIA FOR INMATE RELEASE FROM CUSTODY NO: C-211 PURSUANT TO FEDERAL COURT ORDER FILE: FEDERAL COURT RELEASE EFFECTIVE DATE: 06-17-93 REVISED: 12-25-94, 05-05-96, 10-01-00, 08-01-02, 11-01-02, 09-29-06,08-01-08,08-18-08,06-24-09, 09-01-09, 01-19-10,04-22-10,05-19-10, 10-01-11, 11-23-11, 09-01-12,01-05-13,07-01-13, 11-01-13, 07-01-21 AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff S. McComas REFERENCE: California Code of Regulations, Title 15, Section 1029; Cruz v. County of Fresno, (Case No. 1:93-cv-05070-JFM (E.D. Cal. Feb. 23, 1994) and Stipulated Modification re Jail Capacity (Case No. 1:93-cv-05070-MCE (E.D. Cal. Feb. 13, 2012)); and Gates v. Municipal Court(1992) 9 Cal.App.4t" 45, 11 Cal.Rptr.2d 439. PURPOSE: The purpose of this policy is to ensure that each inmate in custody who is assigned to a housing unit in any Fresno County Jail Facility is provided with a bed. No inmate shall be required to sleep on the floor in any housing unit, with or without a mattress. POLICY: It is the policy of the Fresno County Sheriff's Office Jail Division that in order to prevent inmates from sleeping on the floor, the Sheriff of Fresno County, or his/her designee, is authorized to release inmates from the Fresno County Jail System or refuse to accept new arrestees for booking into the Fresno County Jail System whenever the Fresno County Jail System, or any facility therein, or any specific housing unit therein, reaches ninety percent (90%) of capacity. The Sheriff, or his/her designee, shall release inmates or refuse to accept new arrestees when the total population of the Fresno County Jail System, or any facility therein, or any housing unit therein, reaches one hundred percent (100%) of capacity. For purpose of this policy, "capacity" is defined as actual staffed capacity. It is the policy of the Fresno County Sheriff's Office Jail Division that the following Inmate Population Caps shall be established and maintained: Main Jail North Annex South Annex Maximum Capacity 1064 1696 499 90% Release Capacity 958 1526 449 Page 1 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: CRITERIA FOR INMATE RELEASE FROM CUSTODY NO: C-211 PURSUANT TO FEDERAL COURT ORDER FILE: FEDERAL COURT RELEASE PROCEDURES: I. DAILY INMATE POPULATION CAP EVALUATION A. Population Management Officers are assigned to continuously evaluate the inmate population of each facility as it relates to the inmate population caps established in this policy. B. In the event the inmate population exceeds the inmate population cap, a Population Management Officer shall determine the areas of the facility where inmate population reduction or relocation is necessary in order to provide each inmate with a bed. 1. To the fullest extent possible, the inmates in overcrowded cells shall be relocated into cells within their same classification containing vacant bed space. 2. If overcrowding exists after all possible inmate relocation is accomplished, the release of those inmates from custody who are housed in overcrowded areas shall be implemented as outlined in this policy. C. The release of inmates shall be based upon the population reduction needs of those specific housing units which exceed the inmate population cap. D. In the event there is chronic overcrowding, the Sheriff may initiate certain inmate release criteria in this policy which shall be applied at the time of booking. II. INMATE RELEASE CRITERIA The following criteria shall be used to select inmates eligible for release and is listed below in the order of preference. Each category should be considered based on the descending order of the length of stay (i.e., inmates who have been in custody the longest should be considered for release first). A. Unconvicted and/or unsentenced inmates charged with misdemeanor State crimes, regardless of the bail amount. FCR1: Unsentenced misdemeanor crimes against property (open charge) Page 2 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: CRITERIA FOR INMATE RELEASE FROM CUSTODY NO: C-211 PURSUANT TO FEDERAL COURT ORDER FILE: FEDERAL COURT RELEASE FCR2: Unsentenced misdemeanor crimes against property (warrant/ bench warrant charge), and all unsentenced civil/contempt charges (remand order, warrant/bench warrant) FCR3: Unsentenced misdemeanor crimes against persons (open charge) FCR4: Unsentenced misdemeanor crimes against persons (warrant/ bench warrant charge) B. Sentenced misdemeanor inmates on State charges (which should be considered in the descending order of percentage of total sentence served). FCR5: Sentenced misdemeanor charges in the following order: 1. Inmates sentenced for crimes against property or civil commitments 2. Inmates sentenced for crimes against persons C. Sentenced felony inmates serving county time (which should be considered in the descending order of percentage of total sentence served). FCR6: Sentenced felony charges in the following order: 1. Inmates sentenced for crimes against property 2. Inmates sentenced for crimes against persons D. Unconvicted and/or unsentenced inmates charged with felony State crimes, regardless of the bail amount. Includes inmates who have plead guilty or otherwise been convicted of State crimes who are awaiting sentencing. FCR7: Unsentenced felony charges in the following order: 1. Inmates charged with crimes against property 2. Inmates charged with crimes against persons E. State Parole violators (PC 3056, PC 3000.08) serving 180 days or less in local custody. Page 3 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: CRITERIA FOR INMATE RELEASE FROM CUSTODY NO: C-211 PURSUANT TO FEDERAL COURT ORDER FILE: FEDERAL COURT RELEASE FCR8: PC 3000.08 - State Parole violations in the following order: 1. State Parole Holds a. Violators without open criminal charges (pending revocation hearing) b. Violators with misdemeanor criminal charges (pending revocation hearing and/or court disposition) c. Violators with felony criminal charges (pending revocation hearing and/or court disposition) in the following order: i. Inmates charged with crimes against property ii. Inmates charged with crimes against persons (non PC 667.5 offenses) 2. State Parole warrants a. Without open criminal charges (pending revocation hearing). b. With misdemeanor criminal charges (pending revocation hearing and/or court disposition) c. With felony criminal charges (pending revocation hearing and/or court disposition) in the following order: i. Inmates charged with crimes against property ii. Inmates charged with crimes against persons (non PC 667.5 offenses) 3. Flash Incarcerations (PC 3000.08(e)). 4. PC 3000.08/3056 violators serving 180 days or less in local custody (post revocation hearing). 5. PC 3000.08/3056 violators serving 180 days or less in local custody for the parole violation, who also have criminal charges pending or are doing time for criminal charges in the following order: a. Misdemeanor charges pending b. Misdemeanor charges sentenced Page 4 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: CRITERIA FOR INMATE RELEASE FROM CUSTODY NO: C-211 PURSUANT TO FEDERAL COURT ORDER FILE: FEDERAL COURT RELEASE c. Felony charges pending i. Crimes against property ii. Crimes against persons (non PC 667.5 offenses) F. Violators of conditions of Mandatory Supervised Release (MSR) or Probation (PC 1203.35) or Post Release Community Supervision (PRCS/PC 3454(c)) resulting in Flash Incarceration. FCR9: Probation/PRCS/MSR violations — Flash Incarceration G. Violators of conditions of Probation (PC 1203.2(a)), PRCS (PC 3455), or MSR (PC 1170(h)/PC 1203.2(a)). FCR10: Probation/PRCS/MSR violations — Formal Revocation H. Sentenced felony inmates serving local state time (which should be considered in the descending order of percentage of total sentence served). FCR11: Sentenced felony charges in the following order: 1. Inmates sentenced for crimes against property 2. Inmates sentenced for crimes against persons III. INELIGIBLE INMATES The following inmates shall NOT be considered for release under the provisions of this release criteria: A. Persons charged with: 1. A felony crime falling within the provisions of Penal Code 667.5 (Violent Felony). 2. Felony spousal abuse (PC 273.5). 3. Elder or dependent adult abuse involving physical pain or mental suffering (PC 368(b)). 4. Any charge involving the neglect, endangerment or abuse of a child (PC 273, et seq.). Page 5 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: CRITERIA FOR INMATE RELEASE FROM CUSTODY NO: C-211 PURSUANT TO FEDERAL COURT ORDER FILE: FEDERAL COURT RELEASE 5. Violation of a protective order or stay-away court order (PC 166(c)(1) or PC 273.6). B. Inmates in custody on a "third strike" offense. C. Inmates who have been convicted and sentenced to imprisonment in the state prison. D. Inmates who fall under the provisions of any contract (e.g., USMS, CBP). IV. EXCEPTIONS TO RELEASE CRITERIA A. Certain inmates who might otherwise be released pursuant to this release criteria may be retained for good cause, which shall be in writing and shall be specifically approved by a Jail Division Bureau Commander, Assistant Sheriff, Undersheriff, or the Sheriff. The written justification shall be noted and maintained in the inmate's classification record. Good cause for retention shall include, but not be limited, to the following- 1. Information that the inmate has threatened to harm, or intends to harm, either the victim or a witness of the crime charged, or has in the past threatened or harmed a victim or witness to a prior crime committed by the inmate or another. 2. Information that an ongoing criminal investigation would be jeopardized by release of the inmate. B. The Population Management Unit shall ensure that a minimum of five (5) beds are allocated for persons arrested by the Fresno Police Department (FPD). Those inmates who might otherwise be released pursuant to this release criteria, may be retained based upon the determination of the FPD. Substitution of inmates housed in these beds shall be adjusted by request of the FPD via the on-duty Jail Watch Commander and/or Population Management Sergeant. C. The Sheriff, at his/her discretion, may reassign/transfer an inmate into a new housing assignment to avoid releases, as long as any inmate so transferred is placed in a housing unit consistent with said inmate's objective classification, and the reassignment does not cause any housing unit or facility to exceed the capacities established by the Federal Court Order. Page 6 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: CRITERIA FOR INMATE RELEASE FROM CUSTODY NO: C-211 PURSUANT TO FEDERAL COURT ORDER FILE: FEDERAL COURT RELEASE D. Exceptions to the policy which would cause the release of an inmate not ordinarily eligible for release, may only be made with the approval of the Sheriff, Undersheriff, Assistant Sheriff or a Jail Division Bureau Commander. V. RELEASE PROCEDURES A. When a pre-trial inmate is released at the time of booking pursuant to this policy, an Inmate Release Per Federal Court Order (J-152) form will be completed. The inmate will be assigned a court appearance date, which will be indicated on the form. 1. If the inmate was arrested for misdemeanor charges, the date shall be set for at least (but as close as possible to) sixty (60)* court days from the current date (i.e., the scheduled citation date). 2. If the inmate was arrested for felony charges, the date shall be set for at least (but as close as possible to) twenty-one (21)* court days from the current date. B. When an inmate is released from a housing area pursuant to this policy, an Inmate Release Per Federal Court Order (J-152) form will be completed. 1. The inmate's records shall be reviewed to determine if the inmate has already been scheduled for court. If so, the scheduled court date/time will be indicated on the form. 2. If the inmate has misdemeanor charges and does not yet have a scheduled court date, the date shall be set for at least (but as close as possible to) sixty (60)* court days from the current date (i.e., the scheduled citation date). 3. If the inmate has felony charges and does not yet have a scheduled court date, the date shall be set for at least (but as close as possible to) twenty-one (21)* court days from the current date. 4. Records shall print a copy of the applicable Minute Order and attach to the court's copy of the Inmate Release Per Federal Court Order form. The form shall be distributed as follows: These dates can be changed at the request of the courts. Page 7 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: CRITERIA FOR INMATE RELEASE FROM CUSTODY NO: C-211 PURSUANT TO FEDERAL COURT ORDER FILE: FEDERAL COURT RELEASE a. The original signed form shall be forwarded to the court. b. A copy is to be given to the inmate at the time of release. C. Sentenced inmates who are released as per this policy will be given a copy of the Inmate Release Per Federal Court Orderform confirming their release from custody. D. The applicable release reason (e.g., FCR1, FCR2, etc.) shall be used in the DISPOSITION REASON field on the CHARGES screen and in the RELEASE TYPE field on the RELEASE screen. VI. NON-ACCEPTANCE OF ARRESTEES A. In an ongoing effort to control overcrowding, the following low-level warrants will not be accepted for booking into the Fresno County Jail System: 1. All infraction warrants. 2. All municipal code and county ordinance warrants. 3. Misdemeanor traffic warrants. The only exception shall be for misdemeanor DUI traffic warrants and Jail Warrants. B. Persons with State Parole violation holds (PC 3000.08 or PC 3056) without open criminal charges may not be accepted for booking into the Fresno County Jail System whenever the Fresno County Jail System, or any facility therein, or any specific housing unit therein, reaches ninety percent (90%) of capacity. State Parole warrant abstracts will be accepted, subject to the following: 1. The warrant must contain a valid warrant number and issuing Parole Board Member. (The parolee's CDCR number does not suffice as a valid warrant number.) 2. The abstract must accompany the arrestee's booking paperwork. 3. The warrant will remain subject to Federal Court release. C. The Sheriff reserves the right to suspend or amend, either partially or totally, the intake procedures and criteria, as necessary, to manage the Fresno County Jail System so that the facilities remain within their capacities. Page 8 of 8