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EX-PARTE C-340 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: EX PARTE COURT ORDERS FOR JAIL INMATE NO: C-340 PRIVILEGES FILE: EX-PARTE EFFECTIVE DATE: 06-20-94 REVISED: 11-01-99, 03-01-07 AUTHORITY: Sheriff M. Mims APPROVED BY: Captain J. Flores REFERENCE: California Constitution, Article III, Section 3; 63 Ops. Atty. Gen. 295; 46 Ops. Atty. Gen. 20; 13 Cal. Jur. 3d, Constitutional Law, section 277; Marshall v. Jerrico, Inc. (1980)446 U.S. 2387 100 S. Ct. 1610; In re Wilson (1988) 202 Cal. App. 3d 6617 667, and County Counsel's Opinion dated April 4, 1994. PURPOSE: The purpose of this policy is to establish a consistent method of handling ex parte court orders which direct that inmates in custody receive special or additional privileges. POLICY: It is the policy of the Fresno County Sheriffs Department Detention Bureau that ex parte orders are considered illegal, as per County Counsel opinion. It is the policy of the Fresno County Sheriffs Department Detention Bureau not to follow any ex parte court orders which involve the granting of an inmate in custody special or additional privileges, as per County Counsel opinion. It is the policy of the Fresno County Sheriffs Department Detention Bureau to forward all court orders which allow individuals specialized privileges to the County Counsel and to request formal motions to vacate such orders whenever they are issued. PROCEDURES: I. EX PARTE COURT ORDERS An ex parte order is a court order on the behalf of an inmate or individual, without notice to, or contestation by, any person adversely interested (namely, the Sheriffs Department). Such orders are considered to be illegal, per se, and will not be followed. Page 1 of 3 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: EX PARTE COURT ORDERS FOR JAIL INMATE NO: C-340 PRIVILEGES FILE: EX-PARTE II. TELEPHONIC NOTIFICATION OF AN EX PARTE COURT ORDER A. If any staff member is telephoned and notified of a request from any court for special or additional privileges to be granted any inmate in custody, the receiving staff member shall forward the caller to the on- duty Watch Commander. B. The Watch Commander shall address the issue and advise the issuing judge or clerk that there is a standing order not to follow such orders, on the advice of County Counsel. C. The Watch Commander shall notify the Detention Bureau Commander of the conversation and circumstances surrounding the incident. D. If the order concerns medical treatment, medical condition, medication or a psychological evaluation, the issuing judge shall be directed to the Jail Medical Services Director, or their designee for appropriate handling. III. WRITTEN ORDERS A. If any staff member receives a court order granting an inmate special or additional privileges, the receiving staff member shall- 1. Scan a copy of the order into the inmate's records file. 2. Forward the original copy of all orders to the on-duty Watch Commander. B. The Watch Commander shall be responsible to- 1. Forward the original copy of all orders addressing medical issues to the Jail Medical Services Director. 2. Forward the original copy of all orders concerning law library time for pro per inmates to the Offender Programs Manager. 3. Forward the original copy of all remaining non-medical issues to Page 2 of 3 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: EX PARTE COURT ORDERS FOR JAIL INMATE NO: C-340 PRIVILEGES FILE: EX-PARTE the Detention Bureau Commander. 4. Notify the Detention Bureau Commander of the essential information concerning all distributed court orders (i.e., medical and law library orders). B. The Detention Bureau Commander shall return the copy of the court order to the issuing judge along with- 1. A memorandum delineating the Detention Bureau's policy not to follow such orders on the advice of County Counsel. 2. A copy of County Counsel's opinion dated April 4, 1994. C. The Detention Bureau Commander will forward a copy of the order and the memorandum of rejection to County Counsel. Page 3 of 3