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DISCIPLINE E-230 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE DISCIPLINE NO: E-230 FILE: DISCIPLINE EFFECTIVE DATE: 02-04-91 REVISED: 11-04-91,12-25-94, 02-14-96, 12-01-96, 01-08-97,04-01-97, 10-01-97,09-01-98,01-01-99,03-01-99,01-01-00,07-01-01 08-01-03, 11-18-22 AUTHORITY: Sheriff J. Zanoni APPROVED BY: Assistant Sheriff S. McComas REFERENCE: California Code of Regulations, Title 15, Sections 1080, 1081, 1082, 1083, and 1084; Penal Code Sections 4019 and 4019.5; Prison Rape Elimination Act of 2003 (42 USC 15601); 28 CFR 115; Cruz v. County of Fresno (United States District Court, Eastern District of California, Action No. F-93-5070, February 25, 1994); and Hall v. Countyof Fresno, E.D. Cal. No. 1-1 1-CV-02047-LJO-BAM (2015). PURPOSE: The purpose of this policy is to specify the rules by which inmates can be held accountable for their behavior, disciplinary actions for those who fail to comply, and the procedures for disciplinary hearings and appeals. POLICY: It is the policy of the Fresno County Sheriffs Office Jail Division that disciplinary actions shall be determined by the severity of the offense. It is the policy of the Fresno County Sheriffs Office Jail Division that subsequent to final disposition of disciplinary charges by the disciplinary hearing officer, the charges and the action taken shall be reviewed by a Sergeant and by the Jail Operations Bureau Commander, or their designee. It is the policy of the Fresno County Sheriffs Office Jail Division that disciplinary action initiated by a rule violation shall proceed in accordance with established procedures, even if criminal charges pertaining to the misconduct will be, or have been, referred for criminal prosecution. It is the policy of the Fresno County Sheriffs Office Jail Division that each shift shall be responsible for the processing of rule violations occurring during their watch. It is the policy of the Fresno County Sheriffs Office Jail Division that inmates who are housed in multiple-inmate cells will each be held equally accountable for contraband or any damage to County property discovered in common areas within the cell, unless the inmate can prove a lack of involvement in the violation. Page 1 of 21 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE DISCIPLINE NO: E-230 FILE: DISCIPLINE PROCEDURES: I. DEFINITIONS MAJOR VIOLATION: A violation of facility rules that is considered to be serious in that the prohibited behavior harms, potentially harms, or threatens the safety of another person; significant property damage occurs or could potentially occur; or the action could be considered a violation of state law. Examples include, but are not limited to: fighting, assault, threatening staff, possession of a weapon, damaging a tablet or kiosk, starting a fire, escape or attempting escape. MINOR (OR MODERATE)VIOLATION: A violation of facility rules that does not result in the harm of another person, or property damage is limited. Examples include, but are not limited to: disrupting facility routine, failure to follow instructions, and possession of contraband (other than a weapon). DISCIPLINARY SEPARATION: means the status assigned an inmate as the result of violating facility rules and which consists of confinement in a cell. II. DISCIPLINE OVERVIEW Inmate discipline shall be based on rules and disciplinary actions which are clear and uniformly applied. Discipline shall be fair, prompt, and consistent. The disciplinary process must conform to constitutional standards of due process (right to hearing and appeal) and equal protection (uniform enforcement). There shall be no cruel and/or unusual punishment. The purpose of disciplinary action is to achieve one or more of the following: • Hold inmates accountable for inappropriate behavior • Maintain security, order, and compliance with facility rules • Protect and maintain the facility and the well-being of inmates, staff, and the public III. DUE PROCESS A. All inmates shall be made aware of the rules of conduct related to maintaining facility safety, security, and order, as well as clearly defined consequences for rule violations. 1. Each inmate shall be issued a copy of the Inmate Orientation Handbook at the time they are issued their jail clothing and indigent package. The handbook provides general information and contains the written rules for acceptable behavior and disciplinary actions to guide inmate conduct. Page 2 of 21 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE DISCIPLINE NO: E-230 FILE: DISCIPLINE 2. For those inmates with limited literacy, for persons with disabilities that prevent them from reading or understanding the information, or for those who speak/read a language other than those offered, the ADA Coordinator will coordinate with Offender Programs staff to ensure reasonable accommodations are made to transmit the information to the inmate. B. Inmates who are subject to disciplinary action as a result of rule violations shall be afforded the procedural due process that is established within this policy. C. Staff will not engage in arbitrary actions against inmates. All disciplinary actions will follow clearly established procedures, and be fairly and consistently applied. The process for an inmate accused of a rule violation includes- 1. A fair hearing in which factual evidence supporting the rule violation is presented. 2. A hearing provided no sooner than 24 hours after the inmate has been informed of the charges in writing, to allow the inmate time to prepare a defense. 3. An impartial hearing officer. 4. The limited right to call witnesses and/or present evidence on their behalf. 5. The appointment of a staff assistant in cases where the inmate has limited literacy, communication deficits, or the issues are complex. 6. A written statement that shows the evidence relied on by the hearing officer, and the reasons for the disciplinary action. 7. Reasonable consequences for violating rules that relate to the severity of the violation. 8. The opportunity to appeal the finding. IV. SEVERITY LEVELS OF FACILITY RULES A. Disciplinary violations of facility rules have been organized into four (4) categories according to the nature and severity of risk to institutional safety and security: Page 3 of 21 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE DISCIPLINE NO: E-230 FILE: DISCIPLINE 1. Minor violations - comprised of rules characterized as nuisance behaviors. 2. Moderate violations - comprised of rules characterized as disruptive behaviors. 3. Major violations - comprised of rules characterized as aggressive and/or destructive behaviors. 4. Serious Major violations - comprised of rules characterized as violent and/or predatory behaviors. B. The degree of actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction and promotion of desired behavior through a progressive disciplinary process. [Refer to Section XXV; see also Addendum A for the list of Rules and Disciplinary Actions.] V. RULE VIOLATION REPORTS A. Rule violation reports are required for any violation of facility rules that will require investigation or a formal resolution. B. An inmate shall not be charged with multiple violations concerning a single incident. The rule violation shall charge the inmate with the most severe rule violation and fully describe the situation and circumstances regarding the other violations in the narrative section of the rule violation report. C. The staff member who observed or detected the rule violation shall write and submit the report within twenty-four (24) hours of the violation occurrence. Preferably, the report shall be written and submitted prior to the end of the shift. However, if the violation occurs at the end of the shift, the report may be written on the next day. Extenuating circumstances which require an extension beyond twenty-four (24) hours shall require the approval of the Watch Commander. [Refer to policy A-190/Incident Reports (FILE: INCIDENT REPORTS) for the time parameter requirements and exceptions for incident reports.] D. The officer who delivers a copy of the rule violation report to the inmate shall ensure that the date and time of the actual delivery is noted on the rule violation report. The officer shall advise the inmate that a hearing will take place sometime between 24 - 72 hours from the time the inmate receives the report. Page 4 of 21 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE DISCIPLINE NO: E-230 FILE: DISCIPLINE E. All disciplinary actions administered shall be documented. This requirement may be satisfied by retaining copies of rule violation reports, including the disposition of each. VI. MINOR ACTS OF NON-CONFORMANCE A. Minor acts of non-conformance may be handled informally by any officer, provided there is written documentation and supervisory approval. Minor acts of non-conformance generally do not rise to the level of a rule violation, unless the inmate repeatedly defies instructions, directions, procedures, or abuses rules. B. Staff may impose a temporary lockdown for minor acts of non- conformance. The inmate may be confined to their cell (or bunk area) for a period not to exceed 24 hours. As a consequence of the lockdown, access to the shower and certain privileges may be temporarily curtailed (e.g., personal visits, recreation, telephone, hot water). 1. Access to medical, mental health, attorney visits, or court appearances shall not be denied or restricted. 2. If commissary is delivered during the lockdown period, the commissary shall be accepted, stored and delivered to the inmate at the end of the lockdown period. C. The Facility Sergeant shall be notified and approve the temporary lockdown. D. The temporary lockdown shall be documented via Offendertrak. When an inmate is confined to their cell (or bunk) for any length of time, the inmate shall be "moved" to 24LK. The reason, the sergeant's name who approved the confinement, and the duration of the confinement shall be included in the comment section. E. The inmate shall be advised verbally of the duration and reason for the temporary confinement. F. The inmate may request to speak to a Sergeant concerning the confinement. 1. The Facility Sergeant shall respond and speak with the inmate within one (1) hour to review the disciplinary action. Page 5 of 21 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE DISCIPLINE NO: E-230 FILE: DISCIPLINE 2. The Sergeant shall make a notation on the inmate's General Log documenting the time of the meeting and the resultant decision. If applicable, the 24LK event shall be cancelled. 3. The Sergeant shall have final authority as to the imposition of informal discipline. G. Unaffected inmates housed in the same cell may be permitted to leave and/or re-enter the cell during the temporary lockdown period. H. Inmates shall not be placed on 24-hour lockdown for consecutive days. If an inmate repeatedly abuses the rules (e.g., three (3) or more non- conformance violations in a consecutive 30-day period), staff may initiate a rule violation report. The non-conformance violations shall be indicated in the report. VI 1. VIOLATIONS OF FACILITY RULES A. If a staff member observes a violation of a facility rule, they shall take action, as appropriate. Response to the situation will vary widely, depending on the circumstances. 1. Summon adequate assistance, if necessary, to prevent a violent or potentially violent situation from occurring or continuing to occur. As appropriate, remove/relocate the inmate(s) from the location, pending classification review. 2. Notify the Facility Sergeant of the situation as soon as practical. 3. Notify Population Management to reassess the inmate for possible reclassification. B. Violations of facility rules (or repetitive minor acts of non-conformance) shall be reported in writing by the staff member observing the act. C. The attempt, conspiracy, or accessory to commit a violation is subject to disciplinary action as if the inmate actually committed the violation. In such cases, the inmate shall be charged with the underlying violation and notation made that the inmate attempted, conspired, or was an accessory to that violation. 1. Attempt. An attempt is conduct which constitutes a substantial step towards the commission of a prohibited behavior or crime. Page 6 of 21 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE DISCIPLINE NO: E-230 FILE: DISCIPLINE 2. Conspiracy. A conspiracy is an agreement between an inmate and one or more persons to engage in, cause, or conceal a rule violation. 3. Accessory. An accessory to commit a violation is a person who aids or contributes in the commission or concealment of a prohibited behavior or crime. Vill. DISCIPLINARY HEARING OFFICER A. A staff member with investigative and disciplinary authority shall be designated as a disciplinary officer. B. The designated disciplinary hearing officer must be of higher rank or seniority than the staff member who initiated the rule violation. C. The hearing officer shall not participate in any disciplinary hearing on cases where they were a witness, or were directly involved in the incident that generated the report. IX. HEARING PROCEDURE A. Inmates are entitled to be present at a hearing unless excluded because their behavior poses a threat to facility safety, security, and order. If an inmate is excluded from a disciplinary hearing, the reason shall be documented. B. The rule violation hearing shall be held no sooner than twenty-four (24) hours and no later than seventy-two (72) hours from the time the inmate receives their copy of the rule violation report. The 72-hour reference does not mean the investigation and findings must be completed within 72 hours of the report being delivered to the inmate, only that the process be under way within that time period. C. The hearing may be postponed or continued for a reasonable time through a written waiver by the inmate, or for good cause. The reason for the postponement or continuance shall be documented in the disciplinary hearing officer's report. D. The hearing officer shall review the rule violation report and, if necessary, discuss the report with the staff member who initiated the rule violation, in order to conduct an appropriate investigation. Page 7 of 21 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE DISCIPLINE NO: E-230 FILE: DISCIPLINE E. The hearing officer shall interview the inmate. Accused inmates have the right to make a statement, present evidence, and call witnesses at the hearing. [Refer to Section VI I I/Witnesses.] F. If the inmate does not desire a hearing, that fact shall be noted in the summary by the hearing officer. An inmate shall not be found guilty strictly on the basis that a hearing was refused. In such cases, the hearing officer's summarization and recommendation shall be based upon the reporting officer's statements. G. The hearing officer shall review the inmate's record for previous rule violation reports. The reports shall be reviewed for final findings of guilt or innocence. H. The hearing officer may review the inmate's charges to discern whether or not the inmate is sentenced. If the hearing officer finds an inmate guilty and the inmate is sentenced, loss of good time rather than disciplinary time may be recommended. X. WITNESSES A. The inmate shall be advised of their right to call witnesses in their defense. 1. The hearing officer may ask for a brief summary of what the witness is expected to say. 2. The inmate does not have a right to be present during the testimony of witnesses. 3. The inmate does not have a right to cross-examine a witness. 4. The inmate is permitted to suggest questions that the hearing officer, in his/her discretion, may ask. B. The hearing officer shall interview any witnesses the hearing officer deems appropriate and summarize the information as part of the investigation report. C. If witnesses are requested by the inmate and not called, the justification for not calling the requested witnesses shall be documented in the hearing officer's investigative report (subject to exceptions for security reasons). Grounds for denying witness requests include: Page 8 of 21 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE DISCIPLINE NO: E-230 FILE: DISCIPLINE 1. Relevance. The witness must have fact-based relevant testimony. Opinion-based testimony, or testimony regarding an inmate's general character is not relevant. 2. Unnecessarily duplicative testimony. The hearing offier may refuse to call witnesses when the testimony is cumulative of other evidence in the hearing or otherwise unnecessary. 3. Refusal to testify. Other inmates may refuse to testify, and thus, subvert the inmate's right to call witnesses. The hearing officer should make a meaningful effort to obtain the testimony of inmate witnesses who are reluctant to testify and to determine the reason for the refusal. 4. When it is determined that allowing the witness to testify would be unduly hazardous to institutional safety or correctional goals. XI. STAFF ASSISTANCE A. The inmate shall have access to staff assistance when the inmate has limited literacy, communication deficits, or the issues are complex. Assistance may also be assigned due to language barriers, mental status or developmental disabilities. B. The scope of the duties of the assistant shall be commensurate with the reasons for the appointment. The assistant should be allowed sufficient time to confer with the inmate to fulfill his/her obligations. In these cases, the inmate does not have a right to appoint a person to assist in his/her disciplinary hearing. The final decision regarding the appointment rests with the Facility Sergeant, ADA Coordinator, Offender Programs Manager, or Watch Commander. C. Inmate discipline is an administrative and not a judicial process. Inmates do not have a right to an attorney in any disciplinary hearing. Additionally, disciplinary matters may be referred for criminal prosecution and jail disciplinary action concurrently as there is no "double jeopardy" defense for an administrative process. XII. DISCIPLINARY DECISIONS A. Disciplinary decisions shall be based on the preponderance of evidence presented during the disciplinary hearing. Under the preponderance standard, the burden of proof is met when the hearing officer is convinced that there is a greater than 50% chance that the claim is true. Page 9 of 21 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE DISCIPLINE NO: E-230 FILE: DISCIPLINE B. The disciplinary process shall consider whether an inmate's mental disabilities or mental illness contributed to the inmate's behavior when determining what type of discipline, if any, should be imposed. XIII. DISCIPLINARY ACTIONS A. The degree of actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction and promotion of desired behavior through a progressive disciplinary process. B. Acceptable forms of discipline shall consist of, but not be limited to, the following: 1. Loss of privileges (for minor and moderate violations) 2. Extra work detail (for sentenced inmates) 3. Removal from work details (for inmate workers) 4. Forfeiture of"good time" credits earned under Penal Code Section 4019 (for sentenced inmates) 5. Forfeiture of unearned "work time" credits earned under Penal Code Section 4019 (for sentenced inmates with serious work-related violations) 6. Disciplinary separation (for major and serious major violations; for repetitive minor acts of non-conformance or repetitive minor or moderate violations of facility rules) XIV. SUMMARY OF HEARING / REPORT OF FINDINGS A. The hearing officer shall write a summary regarding the decision and detailing the evidence relied on and the reasons for the disciplinary action. Whether their recommendation be concluded from physical evidence and/or statements of the inmate, witnesses called, and/or the statements of staff involved, there must be a preponderance of evidence to conclude that finding. B. The findings of the hearing officer shall be clearly stated and noted on the rule violation report as either, "I find the inmate guilty" or "I find the inmate not guilty." Page 10 of 21 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE DISCIPLINE NO: E-230 FILE: DISCIPLINE C. If the hearing officer concludes that the inmate has violated established facility rules, they shall recommend the appropriate disciplinary action. 1. All recommendations shall be consistent with the standards of discipline established in this policy. [Refer to Section XXV and Addendum A.] 2. Any deviation from the established standards of discipline shall be fully justified in the summary of the disciplinary hearing. D. The hearing officer shall include in their report the inmate's total number of prior violation convictions, as well as the total number of prior convictions for the offense level (e.g., minor, moderate, major or serious major). 1. For the purpose of researching minor and moderate violations, the officer shall review the inmate's records for the past 12 months, or the length of their current stay, whichever is greater. 2. For the purpose of researching major and serious major violations, the officer shall review the inmate's records for the past three (3) years, or the length of their current stay, whichever is greater. E. The completed report shall be submitted for Sergeant review. XV. SERGEANT'S RESPONSIBILITY It is the Facility Sergeant's responsibility to perform the following: A. Assign disciplinary hearing officers to conduct hearings for rule violation reports generated within their assignment (shift and facility). The hearing officer must be of higher rank or seniority than the staff member initiating the rule violation report and be impartial, not directly involved, nor have witnessed the incident which resulted in the disciplinary action. B. Review the rule violation reports and hearing summaries for completeness, accuracy, spelling, punctuation and grammar. Ensure that all reports are processed in a timely manner. C. Approve, deny, or modify the recommendation of the hearing officer. Page 11 of 21 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE DISCIPLINE NO: E-230 FILE: DISCIPLINE XVI. WATCH COMMANDER'S RESPONSIBILITY Subsequent to final disposition of disciplinary charges by the hearing officer, the charges and the action taken shall be reviewed by the Bureau Commander or designee. The Bureau Commander has designated the Watch Commanders responsible for this review. The Watch Commanders are responsible to perform the following: A. Review the rule violation report, the investigative report submitted by the hearing officer, and the Sergeant's recommendation. B. Approve, deny, or modify the recommendation of the Sergeant. XVII. THE COMPLETED REPORT A. After the Watch Commander signs off the report, the Facility Sergeant shall be responsible to print a copy of the finalized report. The printed copy of the results of the rule violation shall be provided to the inmate. B. An electronic record of the complete rule violation report, including the disciplinary hearing officer's summary and the Sergeant and Watch Commander's review, will be maintained as part of the inmate's electronic records. XVIII. DISCIPLINARY APPEALS A. Inmates wishing to appeal the decision of the hearing officer may do so by utilizing the inmate grievance procedure. In an effort to thwart attempts to impede the disciplinary process, grievances submitted concerning discipline issues must be submitted within forty-eight (48) hours from the time the rule violation hearing process was completed and the inmate was notified of the outcome. B. If the inmate is currently serving discipline time and the grievance is specific to the rule violation for which the inmate is doing their time, the grievance shall be given to the on-duty Watch Commander for immediate investigation and review. C. If a discipline grievance is sustained and the inmate is currently serving discipline time (and the grievance is specific to the rule violation for which the inmate is doing their time), the inmate shall be removed from discipline Page 12 of 21 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE DISCIPLINE NO: E-230 FILE: DISCIPLINE and a copy of the grievance shall be forwarded to the Population Management Unit. The Watch Commander shall ensure that the designated Information Technology personnel are notified to expunge the associated electronic record. D. Population Management shall be responsible to make any appropriate transfers, and cancel all corresponding discipline events. E. The decision of the review authority shall be final and the result of the appeal shall be provided to the inmate in writing. XIX. LIMITATIONS ON DISCIPLINARY ACTIONS A. The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Disciplinary actions shall not include corporal punishment, group punishment, or physical or psychological degradation. B. Disciplinary separation shall be considered an option of last resort and as a response to the most serious and threatening behavior, for the shortest time possible, and with the least restrictive conditions possible. 1. If an inmate is on disciplinary separation status for thirty (30) consecutive days, there shall be a review by the Jail Operations Bureau Commander before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen (15) days thereafter until the disciplinary status has ended. This review shall be documented. 2. If after placement in separation, mental health or medical staff determine that an individual has serious mental illness (SMI) or an intellectual disability, the inmate shall be removed from disciplinary separation immediately upon this determination. C. In no case shall any inmate or group of inmates be delegated the authority to punish any other inmate or group of inmates. D. In no case shall a safety cell or any restraint device be used for disciplinary purposes. E. No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene. F. Food shall not be withheld as a disciplinary measure. Page 13 of 21 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE DISCIPLINE NO: E-230 FILE: DISCIPLINE G. Correspondence privileges shall not be withheld except in cases where the inmate has violated correspondence regulations, in which case correspondence may be suspended for no longer than 72 hours without the review and approval of the Bureau Commander. However, correspondence will not be restricted and the inmate may continue to correspond with the courts, any member of the state bar, holder of public office, or the Board of State and Community Corrections (BSCC). H. Inmates shall not be deprived of bedding or clothing through any portion of the day except that those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the Watch Commander during each 24 hour period. I. In no case shall access to courts and legal counsel be suspended as a disciplinary measure. J. A loss of work time may not be recommended unless a work-related violation is involved. 1. Once earned, work time credit cannot be taken away. 2. A sentenced inmate may only lose unearned work time credit for a significant disciplinary violation received while participating in work. 3. Not more than 30 days of credit may be denied or lost for a single violation. K. Although a loss of good time may be recommended for sentenced inmates in lieu of discipline time, the following limitations shall apply: 1. Not more than 30 days of credit may be denied or lost for a single act of misconduct defined as a serious disciplinary offense. 2. Not more than 90 days of credit may be denied or lost for a single act of misconduct which could be prosecuted as a misdemeanor, whether or not prosecution is undertaken. 3. Not more than 180 days of credit may be denied or lost for a single act of misconduct which could be prosecuted as a felony whether or not prosecution is undertaken. Page 14 of 21 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE DISCIPLINE NO: E-230 FILE: DISCIPLINE XX. DISCIPLINARY ACTIONS SPECIFIC TO SEXUAL ABUSE A. Inmates shall be subject to disciplinary action pursuant to a formal disciplinary process following an administrative finding that the inmate engaged in inmate-on-inmate sexual abuse or following a criminal finding of guilt for inmate-on-inmate sexual abuse. B. Disciplinary actions shall be commensurate with the nature and circumstances of the abuse committed, the inmate's disciplinary history, and the disciplinary actions imposed for comparable offenses by other inmates with similar histories. C. The disciplinary process shall consider whether an inmate's mental disabilities or mental illness contributed to their behavior when determining what type of disciplinary actions, if any, should be imposed. D. If the facility offers therapy, counseling, or other interventions designed to address and correct underlying reasons or motivations for the abuse, the facility shall consider whether to require the offending inmate to participate in such interventions as a condition of access to programming or other benefits. E. Discipline may be imposed for sexual activity between inmates. However, such activity shall not be considered sexual abuse for purposes of discipline unless the activity was coerced. F. No inmate may be disciplined for sexual contact with staff unless there is a finding that the staff member did not consent to such contact. G. No inmate may be disciplined for falsely reporting an incident of sexual abuse or lying, if the report was made in good faith based upon a reasonable belief that the alleged conduct occurred (even if an investigation does not establish evidence sufficient to substantiate the allegation). XXI. IMPLEMENTATION OF DISCIPLINARY ACTION A. The Facility Sergeant is responsible to implement approved disciplinary actions involving minor and moderate offenses. [Refer to Addendum B for the procedure to implement the temporary loss of privileges.] Page 15 of 21 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE DISCIPLINE NO: E-230 FILE: DISCIPLINE B. The Population Management Unit is responsible to implement approved disciplinary actions involving major offenses. C. A designated Population Management staff member shall be responsible to retrieve a list of all approved rule violation reports and implement the approved disciplinary actions, as follows: 1. The initiation of a housing unit transfer, if appropriate, into a disciplinary separation cell. 2. If there is a removal from inmate worker status and/or a loss of good time or work time, the appropriate changes or notations shall be made and the subsequent extra visit(s) removed. D. The designated Population Management staff member shall be responsible to ensure- 1. Inmates housed together in disciplinary separation cells shall be of the same classification custody level. 2 A disciplinary review event shall be initiated on all inmates housed in a disciplinary separation cell for longer than thirty (30) days. a. The event shall be scheduled for the thirtieth day at 0700 hours. If the thirtieth day falls on a weekend or holiday, the event shall be scheduled for the previous business day. b. The Jail Operations Bureau Commander shall be notified and a review of the inmate's discipline separation status conducted before the disciplinary separation status is continued. This review shall include a consultation with health care staff. c. The decision to continue (or discontinue) the inmate's disciplinary separation status shall be documented on the inmate's Class Comment Log. The documentation shall include the names of the health care member and Bureau Commander involved in making the decision. d. Subsequent reviews shall be scheduled and continue at least every fifteen (15) days thereafter until the disciplinary status has ended. [Refer to Section XIX.] Page 16 of 21 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE DISCIPLINE NO: E-230 FILE: DISCIPLINE XXII. DISCIPLINARY STATUS AND PERSONAL PROPERTY A. All inmates placed on disciplinary status for violation of any facility rule shall have their personal property and commissary food items confiscated and withheld for the duration of their discipline time. The following items may be retained by the inmate: [Refer to Addendum C for the list of items and any limitations.] 1. Personal care / hygiene items (toothbrush, toothpaste, soap, cup, deodorant, comb, razor, shampoo, shower shoes, toilet paper, and menstruation products). 2. Correspondence materials (pencil, paper, envelopes and address list). Although inmates are allowed to retain correspondence materials when placed on disciplinary status, any previously received letters and photos shall be confiscated. 3. Medically-necessary health care items or any item required to facilitate a reasonable accommodation (e.g., medications, assistive devices, auxiliary aids, orthopedic appliances, prosthetic appliances). 4. Legal paperwork (if so requested). 5. Religious reading material. B. An Inmate Property Inventory Sheet (J-94 form) noting confiscated property shall be completed for all inmates on disciplinary status. The inventory sheet shall be signed by the inmate when they are placed onto disciplinary status and again when they are removed from disciplinary status to verify that the same articles taken were returned. 1. All property taken shall be secured in the designated storage area for each facility. 2. All completed inventory sheets shall be retained with the confiscated property and scanned into the inmate's file in Jail Records upon the inmate's removal from disciplinary status. C. Inmates confined to their cells for less than 24-hours will not have their personal property confiscated. Page 17 of 21 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE DISCIPLINE NO: E-230 FILE: DISCIPLINE XXIII. DISCIPLINARY SEPARATION CELLS AND LOSS OF PRIVILEGES A. Inmates found guilty of violating major facility rules (or repetitive violations of minor/moderate rules) face disciplinary separation time. Inmates may be transferred to a designated disciplinary separation cell, or spend their disciplinary time confined to their assigned cell. B. Disciplinary separation status includes the loss of the following privileges: 1. Television 2. Telephone 3. Legal Research Kiosk (including pro per inmates) 4. Program participation (e.g., Education, AA/NA (unless court-ordered)) 5. Recreational reading material 6. Commissary privileges 7. Visiting privileges (but does not prohibit attorney visits) 8. Tablets 9. Hot water privileges 10. Recreation/exercise, both indoor/gym and outdoor/yard, up to a maximum of ten (10) consecutive days. Exception: Inmates with serious mental illness (SMI) who are housed in single cells (e.g., Main Jail FF)will not have their recreation/exercise time restricted, regardless of disciplinary status. B. Inmates in a disciplinary separation cell shall be afforded access to showers for fifteen (15) minutes every other day during the day shifts. Odd-numbered cells shall be showered on odd calendar days and even- numbered cells shall be showered on even calendar days. All inmates shall be showered on the last day of months with thirty-one (31) calendar days. C. All inmates confined in disciplinary separation cells will be provided with supplemental hygiene items (toothpaste, soap and razor) and correspondence materials (pencil, writing paper and four (4) envelopes) by Offender Programs staff on Thursdays. Page 18 of 21 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE DISCIPLINE NO: E-230 FILE: DISCIPLINE 1. The designated Offender Programs staff member will be responsible to deliver the hygiene and correspondence items to the housing floors. 2. The housing officers shall be responsible to deliver the hygiene and correspondence items to the inmates. D. All correspondence to and from inmates on disciplinary status shall be processed and delivered according to the current mail policy. 1. Inmates may retain all correspondence received while on disciplinary status. Any correspondence received prior to placement on disciplinary status will be confiscated and stored with their property (with the exception of legal mail). 2. Magazines, newspapers, and books shall be withheld while the inmate is on disciplinary status. Such items should be stored with the inmate's confiscated personal items. E. All meals served to inmates housed in disciplinary separation cells shall be from the same daily menu that is served to all other inmates. All excess food, the food tray, and eating utensils shall be removed from the disciplinary separation cell no sooner than twenty (20) minutes but no later than thirty (30) minutes after the meal is distributed. F. Periodic searches of the disciplinary separation cells and of the inmates confined there shall be made, and all unauthorized materials will be removed. G. All inmates in a disciplinary separation housing unit shall be required to keep their cell clean or they shall be subject to further disciplinary action. An inmate worker shall be utilized to clean the empty cells and dayroom areas, however, the worker shall remain supervised by an officer at all times. XXIV. LOSS OF INMATE WORKER STATUS A. Staff members may not arbitrarily remove an assigned inmate worker from their position, nor shall they remove their corresponding additional visit(s) without affording the inmate due process. B. Housing transfers of an inmate worker for legitimate penological interests may result in their removal from inmate worker status and the loss of associated privileges. An inmate may reapply for inmate worker status when a vacancy occurs. Page 19 of 21 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE DISCIPLINE NO: E-230 FILE: DISCIPLINE C. Staff members may recommend the removal of an assigned inmate worker from their position by completing an inmate rule violation report documenting the reason for removal. D. If a recommendation for removal is upheld by the reviewing Watch Commander, a designated Population Management staff member shall modify the associated visiting screen. E. If an inmate personally requests to be removed as a pod inmate worker, the following shall be performed- 1. The floor officer should inquire as to the reason the inmate is requesting removal from worker status (any underlying tensions may be cause for investigation). 2. The request shall be documented on an incident report (#1053/Voluntary Removal of Inmate Worker). 3. The extra visit(s) will be removed. XXV. INMATE DISCIPLINARY STANDARDS A. Inmates found guilty of MINOR violations involving "Nuisance Behaviors" will lose commissary, phone calls and visiting privileges. The number of days on disciplinary status is listed below. When determining whether a rule violation is a first, second or third offense, all prior minor violations will be reviewed for the past 12 months, or the length of current stay, whichever is greater. [Refer to Addendum A for the list of violations considered to be Minor/Nuisance Behaviors.] 1. The first violation of a minor rule will be five (5) days loss of privileges. 2. The second offense of any minor rule will be seven (7) days loss of privileges. 3. The third offense of any minor rule will be ten (10) days loss of privileges. B. Inmates found guilty of MODERATE violations involving "Disruptive Behaviors" will lose commissary, phone calls and visiting privileges. The number of days on disciplinary status is listed below. When determining whether a rule violation is a first, second or third offense, all prior moderate violations will be reviewed for the past 12 months, or the length of current stay, whichever is greater. [Refer to Addendum A for the list of violations considered to be Moderate/Disruptive Behaviors.] Page 20 of 21 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE DISCIPLINE NO: E-230 FILE: DISCIPLINE 1. The first violation of a moderate rule will be seven (7) days loss of privileges. 2. The second offense of any moderate rule will be ten (10) days loss of privileges. 3. The third offense of any moderate rule will be fifteen (15) days loss of privileges. C. Inmates found guilty of MAJOR violations involving "Aggressive/ Destructive Behaviors"will be placed in disciplinary separation with a loss of all privileges. Alternatively, sentenced inmates may lose good time and/or work time. The number of days on disciplinary status (or loss of good time / work time) is listed below. When determining whether a rule violation is a first, second or third offense, all prior major violations will be reviewed for the past 3 years, or the length of current stay, whichever is greater. [Refer to Addendum A for the list of violations considered to be Major/Aggressive/Destructive Behaviors.] 1. The first violation of a major rule will be ten (10) days. 2. The second offense of any major rule will be fifteen (15) days. 3. The third offense of any major rule will be twenty (20) days. D. There are five select major rule violations considered to be of the most grievous nature and the strictest enforcement of these rules shall be applied. Inmates found guilty of SERIOUS MAJOR violations involving "Violent/Predatory Behaviors"will be placed in disciplinary separation with a loss of all privileges. Alternatively, sentenced inmates may lose good time and/or work time. The number of days on disciplinary status (or loss of good time / work time) is listed below. When determining whether a rule violation is a first, second or third offense, all prior serious major violations will be reviewed for the past 3 years, or the length of current stay, whichever is greater. [Refer to Addendum A for the list of violations considered to be Serious Major/Violent/Predatory Behaviors.] 1. The first violation of a serious major rule will be twenty (20) days. 2. The second offense of any serious major rule will be twenty-five (25) days. 3. The third offense of any serious major rule will be thirty (30) days. Page 21 of 21