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TELEPHONE E-320 02-09-23 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE TELEPHONE ACCESS NO: E-320 FILE: TELEPHONE EFFECTIVE DATE: 12-18-89 REVISED: 12-25-94, 06-17-96, 03-01-98, 07-01-98 01-01-01, 12-01-01 AUTHORITY: Sheriff M. Mims APPROVED BY: Captain R. Wiley REFERENCE: Title 15, Section 1067; Title 9, Section 865.2; Penal Code Sections 636 and 851.5; Welfare & Institutions Code Section 5325; Government Code Section 26202.6; People v. Von Villas, 11 Cal.AppAt" 175, 212-213 (1992) and Lanza v. New York, 370 U.S. 1397 82 S.Ct. 12187 8 L.Ed.2d 384 (1961). PURPOSE: The purpose of this policy is to provide all inmates with reasonable access to telephones. POLICY: It is the policy of the Fresno County Sheriffs Department Detention Bureau that all arrestees at the time of booking shall have the right to make, at a minimum, three (3) completed telephone calls immediately upon being booked, but no later than three hours after their time of arrest. It is the policy of the Fresno County Sheriffs Department Detention Bureau to tape record all inmate telephone lines for security reasons. Further, all inmate telephone lines are subject to "live monitoring" on a random basis. It is the policy of the Fresno County Sheriffs Department Detention Bureau that all inmates in custody shall be allowed reasonable access to telephones in addition to those telephone calls allowed at the time of arrest. PROCEDURES: I. TELEPHONE ACCESS AT THE TIME OF BOOKING A. At the time of booking, all arrestees shall have access to the use of the telephone. Their phone calls shall not be monitored, eavesdropped upon, or recorded. Page 1 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE TELEPHONE ACCESS NO: E-320 FILE: TELEPHONE B. The following information shall be clearly posted in the booking area: "You have the right to free phone calls within the local dialing area, or at your own expense if outside the local area, to three of the following: 1. Attorney/Public Defender(488-3546) Monday-Friday 8:00 a.m. - 5:00 P.M. 2. Bail bondsman 3. Relative or other person Citizens of foreign countries may request the phone number and address of the nearest consulate official's office." C. The Yellow Pages with listings for bail bond agents doing business in the Fresno area are posted in booking. II. GENERAL POPULATION AND OPEN ADMINISTRATIVE SEGREGATION INMATES A. Inmates assigned to general population and open administrative segregation housing units shall have access to telephone use in the dayroom area. B. The inmate telephones in general population and open administrative segregation dayroom areas shall remain on between the hours of 0800 and 2245 hours each day. C. Three-way calls are not allowed and have been blocked from the system. Due to the similarity between the click-over feature on three-way calls and call-waiting, the use of the call-waiting feature may disconnect the call. Similarly, if either party pushes any button on the phone during the call, it may cause the call to become disconnected. III. LOCKDOWN ADMINISTRATIVE SEGREGATION INMATES A. All inmates housed in administrative segregation lockdown cells(with the exception of civil inmates) shall have access to telephones inside their cells fortwo (2) hours each day, unless otherwise indicated bythe Watch Commander. Page 2 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE TELEPHONE ACCESS NO: E-320 FILE: TELEPHONE 1. Most of the telephones in the administrative segregation lockdown cells are programmed to work between 9.00 a.m. - 10.00 a.m. and 8.00 p.m. — 9.00 p.m. each day, with the following exceptions: 2. The telephones in 6FF01 & 6A01, 5FF01 & 5FF02 and 5A01 & 5A02 are not automated and must be manually turned on and off each day. a. If a civil inmate is housed in the cell, the Population Management Unit will send a memo to the floor and the phones shall be turned on between 8.00 a.m. and 9.00 p.m. each day. b. If a non-civil inmate is housed in the cell, the phones shall be turned on between 9.00 a.m. — 10.00 a.m. and 8.00 p.m. — 9:00 p.m. each day. IV. INMATES HOUSED AT UMC A. The telephone next to the inmate's bed is a privilege allowed by the Sheriffs Department and inmates are allowed to use it any time they want. Access to the telephone may be temporarily withheld underthe following circumstances- 1. If ordered by the Watch Commander 2. If the inmate is an escape risk 3. If the inmate's behavior is deemed inappropriate B. Inmates housed in the mental health wards (i.e., PHF, PACT) are afforded additional rights that cannot be taken away without "good cause". Reasonable access to telephones, both to make and receive confidential calls or to have such calls made for them is a right that may only be denied when the professional person in charge of the facility (hospital) has good reason to believe- 1. That the exercise of the specific right would be injurious to the patient; or 2. That there is evidence that the specific right, if exercised, would seriously infringe on the rights of others; or Page 3 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE TELEPHONE ACCESS NO: E-320 FILE: TELEPHONE 3. That the institution or facility would suffer serious damage if the specific right is not denied; or 4. That there is no less restrictive way of protecting the interests specified in 1, 2, or 3 (above). The reason used to justify the denial of the right must be related to the specific right denied. The right shall not be withheld or denied as a punitive measure, nor shall a right be considered a privilege to be earned. If"good cause" exists to deprive the inmate of their telephone privilege, the Watch Commander should contact the Facility Case Manager and discuss the situation. Once the good cause for denial is no longer present, the right must be restored. V. ADMINISTRATIVE ACTION OR DISCIPLINARY REMOVAL OF INMATE TELEPHONE ACCESS Inmate access to a telephone may be temporarily withheld as a disciplinary or administrative action. VI. TELECOMMUNICATIONS DEVICE FOR THE DEAF (TDD machine) A. A TDD machine is available for use by hearing-impaired inmates (or to call others who are hearing impaired). Due to the misuse of the TDD access lines, the 800-numbers have been blocked on the housing floors. To gain access to the system: 1. The inmate will need to submit a request slip. a. If the inmate will not be using the TDD machine, but instead will be calling another person who has a TDD machine, they must include the telephone number that they want to call, so that it may be verified. b. If the inmate submitting the request is hearing impaired and will be the person utilizing the TDD, that information shall be included on the request slip. 2. The request slip shall be forwarded to the Services Unit. 3. The Services Unit will contact the telephone service provider. Page 4 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE TELEPHONE ACCESS NO: E-320 FILE: TELEPHONE 4. After the telephone service provider has verified that the number is in fact a number with a TDD, they will make the access lines available within twenty-four (24) hours from time of notification (excluding weekends and holidays). 5. Pending the availability of access to the TDD in the housing unit, the housing security officer will insure the inmate is able to utilize the TDD system by making arrangements and coordinating with the Booking I Officer. The inmate may utilize the TDD in either the Population Management or Booking Sergeant's office. B. Either the 800-or quick-access numbers may be used. The quick-access numbers need to be preceded by either a 1 (for English) or 2 (for Spanish). For example, 1#51 would be dialed when using a TDD machine, calling an English-speaking person with a TDD machine. Access 800-Number Application Number #51 0-800-855-1155 Using a TDD machine/calling another person with a TDD machine #52 0-800-735-2929 Using a TDD machine/calling another person without a TDD machine #53 0-800-735-2922 Not using a TDD machine, but calling another person who has a TDD machine #54 0-800-855-3000 Not using a TDD machine, but calling another person who has a TDD machine (Spanish) C. The inmate should know to place the handset into the machine. An operator will answer, ask the inmate for their name and proceed with authorization from the person who is being called for the charges. Upon receiving authorization, the operator will put the call through as normal. D. The inmate's use of the TDD machine shall be documented via a PHON event. VI I. SPECIAL TELEPHONE CALLS Court orders granting special telephone calls in excess of the normal amount indicated by this procedure shall not be followed except by specific approval of the Bureau Commander. The staff member receiving such an order shall follow the procedures detailed in Section C-340/Ex Parte Court Orders for Jail Inmate Privileges (FILE: EX-PARTE). Page 5 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE TELEPHONE ACCESS NO: E-320 FILE: TELEPHONE Vill. MONITORING INMATE TELEPHONE CALLS A. All inmate telephone lines are tape recorded for security reasons and are subject to "live monitoring" on a random basis. B. Telephone calls may not be monitored or recorded for reasons unrelated to jail security(e.g., to gather evidence for use in criminal proceedings or to investigate threats against witnesses)without a warrant or other court order. C. Telephone calls between an inmate and attorney, religious advisor, or physician are considered privileged communications and will not be knowingly monitored or recorded without a warrant. 1. To facilitate this restriction, all locally listed Fresno County attorneys, public defenders and district attorney telephone numbers have been blocked from recording. 2. Inmates may request to have the telephone numbers of their physician, religious advisor or out-of-town attorney blocked from recording by completing a Privileged Communications(J-177)form. a. Forms requesting that a religious advisor's number be blocked shall be routed to the Volunteer Services Coordinator. The Volunteer Services Coordinator shall verify and confirm the legitimacy of the request before forwarding the form to the Services Unit. b. Forms requesting that a physician or out-of-town attorney's number be blocked shall be routed directly to the Services Unit. A designated staff member shall be responsible to confirm the legitimacy of the request, prior to initiating the block. C. Inmates who knowingly submit false information will receive a rule violation and be subject to having their telephone and/or phone-blocking privileges revoked. D. All telephone records not retained for security purposes, or for purposes of civil or criminal court action shall be destroyed after one-hundred (100) days. In the event that such recordings are evidence in any claim filed or any pending litigation, such recordings shall be preserved until pending litigation is resolved. Page 6 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE TELEPHONE ACCESS NO: E-320 FILE: TELEPHONE IX. BLOCKING TELEPHONE CALLS A. If a member of the public is receiving unwanted telephone calls that are originating from inside the Jail, they may request to have their telephone number blocked. 1. A written request must be submitted for approval. The Telephone Block Request form may be utilized for this purpose. The request shall include the following information: a. The name of the person requesting the block. The person requesting the block must be the person whose name is on the telephone bill. b. The telephone number to be blocked. C. The reason for the request. 2. The person shall be informed that the block will remain in effect for a minimum of thirty (30) days, and will not be canceled until they request the block be removed. 3. If so requested, the person requesting the block may be required to bring the telephone bill and their personal identification to the Jail for verification purposes. 4. A Watch Commander must approve the block. 5. If the request for a telephone block is initiated by a law enforcement agency, or if the person requesting the block does not live in the Fresno area, the Watch Commander may, at their discretion, authorize a Telephone Block Request form to be initiated and completed by a designated staff member, and the block placed, forthwith. B. A member of the Services Unit will be instructed by the Watch Commander to place the block. If there is not a Services Officer on duty, a Population Management Officer will be instructed to place the block. C. If it is possible to identify the inmate causing the annoying telephone calls, a copy of the Telephone Block Request form shall be scanned and attached to the inmate's records. The Services Officer who places the block shall be responsible to scan and forward the form to the Services Sergeant. Page 7 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INMATE TELEPHONE ACCESS NO: E-320 FILE: TELEPHONE D. The same criteria and procedures required to place a block shall apply to the removal of a block. The Telephone Block Removal form may be utilized for this purpose. Unless extenuating circumstances apply, the Watch Commander who approved the block shall be the same person to authorize removal of the block. E. All written requests submitted for the placement and/or removal of a telephone block shall be maintained by the Services Sergeant for a minimum of two years. Page 8 of 8