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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 M. Mims 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. Page 1 of 3 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. Page 2 of 3 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. Page 3 of 3