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INFORMATION D-410 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: PUBLIC INFORMATION NO: D-410 FILE: INFORMATION EFFECTIVE DATE: 11-22-89 REVISED: 08-06-90,12-25-94,04-01-96,04-01-97 11-01-98, 01-01-00, 08-18-16 AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie REFERENCE: California Code of Regulations, Title 15, Section 1045; California Public Records Act(Government Code Sections 6250—6276.48); Penal Code Sections 293, 1054.5, 11105.6, 13300 and 13305; and Fresno County Administrative Officer's Management Directives #1323.26. PURPOSE: The purpose of this policy is to provide guidelines in order to disclose appropriate information accessible to the public, to other government agencies, and to the news media. POLICY: It is the policy of the Fresno County Sheriffs Office Jail Division to make known to the public relevant information pertaining to the operations of the Jail Division facilities by making its policies, procedures and public records available for review by interested persons. However, due consideration will be given to all factors which might jeopardize facility security, or intrude upon the personal privacy or safety of inmates and staff. It is the policy of the Fresno County Sheriffs Office Jail Division that the records and information obtained and maintained on inmates will be treated as confidential information, and will be released according to the procedures outlined herein. It is the policy of the Fresno County Sheriffs Office Jail Division that the official business of the Fresno County Sheriff's Office will be treated as confidential information and will be released according to the procedures outlined herein. PROCEDURES: I. REQUEST FOR RECORDS A. Law enforcement agencies are required to comply with the California Public Records Act (Government Code §§ 6250-6270). The law requires law enforcement agencies to provide information the public has the right to know and at the same time, to withhold information if the release would Page 1 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: PUBLIC INFORMATION NO: D-410 FILE: INFORMATION jeopardize an individual's right to privacy or safety. Public disclosure is regulated by several different statutes, dependent upon the record. B. The Sheriff's Office encourages, but does not require, requests for records to be made in writing. Written requests may assist in responding to the request and correctly identify the records requested. C. Employees shall not demand that persons provide their identification, affiliation, or their reason for requesting information, unless relevant identifying information (e.g., name, address, phone, FAX or email) is necessary to contact the person (e.g., if the records are to be picked up or mailed to the requestor). D. General requests that cannot be immediately handled by the receiving officer or their supervisor shall be forwarded to the on-duty Watch Commander. E. Official requests for information not specifically addressed in this policy should be directed to the Sheriff's Records Unit (located in the Sheriff's Administrative Building), the Jail Division's Administrative Lieutenant, or the arresting agency, as applicable. II. PUBLIC INFORMATION PLAN A. The public and inmates shall have available for review, the following material upon request: 1. The Board of State and Community Corrections (BSCC) Minimum Standards for Local Detention Facilities as found in Title 15 of the California Code of Regulations. 2. Facility rules and procedures affecting inmates as specified below: a. Public Information Plan (D-410/Public Information) b. Inmate Education Plan (E-410/Inmate Orientation Handbook) c. Visiting (E-330/Inmate Visiting) d. Correspondence (E-120/Inmate Correspondence) e. Library Service (E-340/Library Services) Page 2 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: PUBLIC INFORMATION NO: D-410 FILE: INFORMATION f. Exercise and Recreation (E-180/Inmate Exercise and Recreation) g. Books, Newspapers, and Periodicals (E-120/Inmate Correspond- ence) h. Access to Telephone (E-320/Inmate Telephone Access) i. Access to Courts and Counsel (E-130/Attorney and Legal Assistant Interviews) j. Inmate Orientation (E-410/Inmate Orientation Handbook) k. Individual/Family Service Programs (E-460/Alcoholics Anonymous and Narcotics Anonymous; E-420/Religious and Volunteer Services; E-345/Legal Research Access; Community Resource Guide) I. Voting (E-150/Inmate Voting) m. Religious Observance (E-185/Religious Diets; E-420/Religious and Volunteer Services) n. Inmate Grievance Procedure (E-140/Inmate Grievance Procedure) o. Rules and Disciplinary Penalties (E-230/Inmate Discipline) p. Plan for Inmate Discipline (E-230/Inmate Discipline) q. Forms of Discipline (E-230/Inmate Discipline) r. Limitations on Discipline (E-230/Inmate Discipline) s. Responsibility for Health Care Services (G-120/Medical Health Services) B. Jail Division policies and procedures not specifically addressed in subsection (A) above may be made available upon request, with the approval of a Watch Commander. Security and emergency procedures and other information considered to be critical to the safety and security of inmates, staff, or the facility is not intended, nor should it be included in publicly available material. Page 3 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: PUBLIC INFORMATION NO: D-410 FILE: INFORMATION III. INMATE INFORMATION ACCESSIBLE TO THE PUBLIC A. The Jail Division will disclose arrest and booking information concerning an individual in custody, upon request. The following information is accessible on the Sheriff's website at www.fresnosheriff.org, or by calling the Jail Information Office at (888) 373-7011: 1. Whether or not an individual has been booked into the facility and is currently in custody. 2. Full name and occupation (if known). 3. Date of birth and physical description (i.e., sex, height, weight, color of eyes and hair). 4. Date and time of arrest. 5. Location of arrest (not available on the website). 6. Date and time of booking. 7. Amount of bail, if any. 8. All current charges, including warrants and parole or probation holds. 9. Time and manner of release, including the release date of a sentenced inmate. B. Court date inquiries shall be referred to the Clerk of the Superior Court at (559) 457-4902. IV. INMATE INFORMATION NOT TO BE GIVEN TO THE PUBLIC A. Jail Division personnel shall not comment as to the factual circumstances surrounding an arrest. Although considered to be public information, the disclosure of such information could endanger the safety of a person or endanger the successful completion of the investigation. The disclosure of these facts will be left to the arresting deputy/supervisor, or other arresting agency, as applicable. B. Other information which could endanger the safety of any person, including the public, staff, or inmates, or the security of the facility, shall Page 4 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: PUBLIC INFORMATION NO: D-410 FILE: INFORMATION NOT be given to the public, such as in the following examples- 1. An inmate's enroute schedule to prison or another facility. 2. An inmate's location if they are at the hospital, or any time an inmate is scheduled to be, or is temporarily out of the facility. (Exceptions may be made for inmates in labor, for those having life-threatening or critical injuries or illnesses, or for those who experience hospital stays in excess of thirty (30) days. Refer also to D-238/Guarding Inmates at Off-Site Medical Facilities [FILE: GUARDING HOSPITALIZED INMATES].) 3. Information concerning an inmate's classification status. C. Names on an inmate's visiting list. The requestor may have their name confirmed to be on an inmate's visiting list, however, the remaining names shall not be disclosed. D. An indication that some of an inmate's charges are citable. E. Any information from the inmate's criminal history summary (i.e., rap sheet). Information on the rap sheet is not a public record and shall not be used to furnish information concerning an inmate's arrest history to any person other than a sworn member of a government law enforcement agency. F. The premium amounts charged by Bail Agents. G. Inmate information shall NOT be provided to another inmate (with the exception of Booking and Jail Identification (JID) numbers necessary for correspondence). H. The Sheriff's Office's duty to disclose information only applies if the request is made contemporaneously with the creation of the record in which the requested information is contained and does not apply to historical arrest information. Once an inmate has been released from custody, the Sheriff's Office will not provide court dates, charges, or release information to the public. However, an inmate's information may still be visible on the website for up to seventy-two (72) hours after his/her release. Page 5 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: PUBLIC INFORMATION NO: D-410 FILE: INFORMATION V. PUBLIC INQUIRY IN THE LOBBY AREA ABOUT INMATES Members of the public who contact Jail Lobby Officers in person requesting information shall be advised to call the Jail Information number at (888) 373- 7011. VI. EMERGENCY INFORMATION A. Dependent upon the individual circumstances, family members who are concerned about the well-being of an inmate should be referred to one or more of the following persons, as applicable: 1. Watch Commander at (559) 600-8440 2. Facility or Administrative Sergeant 3. Charge Nurse at (559) 600-9360 4. Chaplain at (559) 600-8430 (Protestant); 600-8429 (Catholic); 600- 8428 (Muslim); or 600-8424 (all remaining faiths, or those who are unaffiliated with an organized religion) 5. ADA Coordinator at (559) 600-8455 6. PREA Coordinator at (559) 600-8588 7. Population Management Sergeant at (559) 600-8286 B. If necessary to notify an inmate or their family in the event of an emergency, refer to the following policies and procedures: B-145/ Notification of an Inmate's Family or Friend in the Event of Serious Illness or Injury (NOTIFY-ILLNESS) and B-146/Notification of an Inmate in the Event of a Personal Family Emergency (NOTIFY-EMERGENCY). VI I. RELEASE TO OTHER AGENCIES A. Identified law enforcement agencies may be provided with any legitimate request for information. Confidential disclosures to another governmental agency in connection with the performance of its official duties, or disclosures in a legal proceeding are not disclosures to members of the public under the California Public Records Act and do not constitute a waiver of exempt material. Page 6 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: PUBLIC INFORMATION NO: D-410 FILE: INFORMATION B. Bail agents may obtain the following information on a client for whom a bench warrant has been issued, or for whom a bail forfeiture has been ordered: 1. The individual's known aliases 2. Booking photograph 3. Unaltered copy of the booking and property record (excluding medical information) 4. Information identifying whether the person has been convicted of any violent felony as defined in Penal Code Section 667.5(c) C. Information obtained from a record may be disseminated for the purpose of assisting in the apprehension of a person wanted in connection with the commission of a crime. D. All requests from criminal defendants and their authorized representatives (including attorneys)shall be referred to the District Attorney or the Courts pursuant to Penal Code Section 1054.5. Vill. DISSEMINATION OF INFORMATION TO THE NEWS MEDIA A. The Public Information Office was established to act as a liaison between the Sheriff's Office and the media. As the primary contact for the news media, media requests should be forwarded and coordinated through the Public Information Officer (PIO) at (559) 600-8137. 1. The Watch Commander shall be responsible for ensuring that the PIO is informed of events that may have media interest. 2. Any media contact (including telephone conversations) needs to be relayed to the PIO whenever feasible. B. In the absence of the Public Information Officer, any news media requests for information shall be referred to the Watch Commander. C. Newsworthy information may only be released by members of the Jail Division with the approval of a Bureau Commander(refer to Addendum A). Any information released shall be forwarded to the PIO to ensure continuity of the information released. Page 7 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: PUBLIC INFORMATION NO: D-410 FILE: INFORMATION D. At no time shall a member of the Jail Division- 1. Intentionally mislead or misinform members of the media. 2. Address any public gathering; appear on radio, television, or social media; write any article or make any statements to the news media wherein they are identified as a spokesperson of the Sheriff's Office unless duly authorized by a Bureau Commander or higher authority. 3. Make off-the-record statements to the media. The media is under no obligation to keep any statements off-the-record. Page 8 of 8