MARRIAGE E-160 FRESNO COUNTY SHERIFF'S OFFICE
POLICIES AND PROCEDURES
TITLE: INMATE IN-CUSTODY MARRIAGES NO: E-160
FILE: MARRIAGE
EFFECTIVE DATE: 12-17-90 REVISED: 01-01-93, 12-25-94, 10-01-96, 10-02-96, 11-01-96
09-01-99, 05-01-05, 08-01-11, 12-24-18
AUTHORITY: Sheriff J. Zanoni APPROVED BY: Assistant SheriffT. Gattie
REFERENCE: Penal Code Sections 2600 and 2601- Family Code Sections 426 and 502;
and Turner v. Safley, 482 S. 78 (1987).
PURPOSE:
The purpose of this policy is to establish and maintain a process for inmates to be married
while in custody and to establish and maintain a procedure for the marriage ceremony
which maintains facility security, as well as staff and inmate safety.
POLICY:
It is the policy of the Fresno County Sheriffs Office Jail Division to permit inmates to be
married while in custody.
PROCEDURES:
I. PRELIMINARY PROCESSING FOR IN-CUSTODY MARRIAGE
It shall be the responsibility of the person the inmate plans to marry to initiate
and complete the legal process for obtaining a marriage license. As such,
marriages between two inmates are not performed (one individual needs to be
out of custody in order to file all of the necessary paperwork).
A. The inmate's intended spouse must go to the County Clerk's Office to
begin the marriage application process.
B. A designated Offender Programs staff member will be responsible to pick
up the marriage applications from the County Clerk's Office and consult
with Population Management to obtain approval for the marriage to
proceed.
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FRESNO COUNTY SHERIFF'S OFFICE
POLICIES AND PROCEDURES
TITLE: INMATE IN-CUSTODY MARRIAGES NO: E-160
FILE: MARRIAGE
C. A Population Management Sergeant will review the request to ensure
there are no legal restrictions or legitimate penological reasons that
would cause the marriage to be denied (e.g., an existing restraining order
that prevents contact with the intended spouse). The decision will be
documented on a Marriage Request Review form.
1. If the inmate has a detainer and/or a pending charge, the review will
include sending the form to the necessary agency(ies) for their
review and recommendation to ensure there is no conflict that could
interfere with judicial proceedings or affect the status of litigation.
(For example, the inmate could request to marry a victim or a
potential witness in litigation pending against the inmate.)
2. If the marriage request involves a pretrial federal inmate, staff shall
forward the form to the U.S. Marshals Service (USMS) to advise of
the marriage request and to request USMS review and
recommendation.
D. If there are no restrictions or conflict (or the conflict is resolved), and the
ceremony will not compromise the safety and security of the facility, staff,
or inmates, the marriage application shall be approved.
E. The designated Offender Programs staff member will confirm the
inmate's identity and notarize the inmate's signature on the application.
The form will then be returned to the County Clerk's Office and the
inmate's intended spouse will be contacted to complete the process and
pay the applicable fee.
II. IN-CUSTODY MARRIAGE CEREMONY
A. The County Clerk's Office will coordinate with Offender Programs staff
and provide the names of inmates who have completed the marriage
application process and are ready to be married.
B. Marriage ceremonies will be scheduled to take place during regular
business hours. It is the responsibility of Offender Programs staff to
initiate an Event in Offendertrak for each inmate to be married.
1. Unless otherwise specified, the event will normally be set for
Thursday at 0800 hours.
2. The Event TYPE = INMATE MARRIAGE.
3. A notation shall be made in the DESCRIPTION section to send the
inmate to the South Annex Jail Court Holding area.
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FRESNO COUNTY SHERIFF'S OFFICE
POLICIES AND PROCEDURES
TITLE: INMATE IN-CUSTODY MARRIAGES NO: E-160
FILE: MARRIAGE
C. The performance of the ceremony will be administered by an Offender
Programs staff member who has been deputized by the County Clerk's
Office to perform marriage ceremonies.
D. Only the principal person involved in the ceremony will be allowed to
enter the Jail facility and participate in the ceremony.
1. An exception shall be made if an interpreter is necessary for
translation of the service. The interpreter may be chosen by the
couple and accompany the principal person into the facility.
2. "Confidential Marriage Licenses" do not require that a witness be
present or sign the marriage license.
3. "Public Marriage Licenses" require at least one witness be present
at the ceremony. A Jail Division staff member will serve as the
witness and sign the official marriage license.
E. All in-custody marriage ceremonies will be non-contact and take place in
one of the South Annex Jail bondrooms, with the inmate confined on the
secure side of the room and their marriage partner on the public side.
1. Flowers or other ceremonial decorations are not permitted.
2. Exchanges of rings or other symbolic exchanges are not permitted.
3. Cameras, audio, or video recording equipment are not permitted.
4. Only jail clothing is allowed for the inmate getting married.
F. The participants in the marriage ceremony will be promptly removed from
the bondroom at the conclusion of the ceremony. If a visit is desired,
regular visiting procedures must be followed.
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