DISCIPLINE E-230 11-18-22 FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
EFFECTIVE DATE: 02-04-91 REVISED: 11-04-91, 12-25-94, 02-14-96, 12-01-96, 01-08-97, 04-01-
97, 10-01-97, 09-01-98,01-01-99,03-01-99, 01-01-00, 07-
01-01,08-01-03
AUTHORITY: Sheriff M. Mims APPROVED BY: Captain J. Flores
REFERENCE: Title 15, Sections 1080, 1081, 1082, 1083, 1084 and 1247; Penal
Code Section 2932; Federal Court Order #F-93-5070; Wolff v.
McDonnell 418 US 539 (1974); Baxter v. Palmigiano 425 US 308
(1976); Sandin v. Conner 115 S. Ct 2293 (1995); Mitchell v. Dupnick,
75 F.3d 517 (9th Cir. 1996); Stewart v. Block, 938 F. Supp. 582 (C.D.
Cal. 1996); Edwards v. Balisok, 117 S. Ct 1584 (1997) and Overton
v. Bazzetta, U.S. Supreme Court No. 02-94 (June 16, 2003).
PURPOSE:
The purpose of this policy is to establish rules, hearing procedures, and standard
disciplinary penalties to guide inmate conduct, utilizing only those restrictions necessaryto
maintain the security of the facility and the protection of staff, inmates, and the public.
POLICY:
It is the policy of the Fresno County Sheriffs Department Detention Bureau that disciplinary
proceedings shall be determined by the severity of the offense.
It is the policy of the Fresno County Sheriffs Department Detention Bureau that subsequent
to final disposition of disciplinary charges by the disciplinary hearing officer, the charges
and the action taken shall be reviewed by a Sergeant and by the Detention Bureau
Commander, or his designee.
It is the policy of the Fresno County Sheriffs Department Detention Bureau that disciplinary
action initiated by a rule violation shall proceed in accordance with established procedures,
even if criminal charges pertaining to the misconduct will be, or have been, referred for
criminal prosecution.
It is the policy of the Fresno County Sheriffs Department Detention Bureau that each shift
shall be responsible for the processing of rule violations occurring during their watch.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
It is the policy of the Fresno County Sheriffs Department Detention Bureau that inmates may
be placed into Administrative Segregation pending the implementation of disciplinary action
initiated by a rule violation when such action is necessary to protect the security of the facility
or staff, inmate, or public safety.
It is the policy of the Fresno County Sheriffs Department Detention Bureau that if the
allegation against the inmate is supported by substantial evidence, the hearing officer shall
find the inmate guilty. "Substantial evidence" shall be considered that which a reasonable
mind might accept as adequate to support a conclusion.
It is the policy of the Fresno County Sheriffs Department Detention Bureau that inmates
who are housed in multiple-inmate cells will each be held equally accountable for
contraband or any damage to County property discovered in common areas within the cell,
unless the inmate can prove a lack of involvement in the violation.
It is the policy of the Fresno County Sheriffs Department Detention Bureau that all inmates
have the right to appeal violations of due process via the inmate grievance process.
Disciplinary grievances are limited to issues concerning the discipline procedure or
violations of due process rights, not the outcome of the discipline. In an effort to thwart
attempts to impede the disciplinary process, grievances submitted concerning discipline
issues must be submitted within forty-eight (48) hours from the time the rule violation
hearing process is completed and the inmate is notified of the outcome.
PROCEDURES:
I. MINOR ACTS OF NON-CONFORMANCE OR MINOR VIOLATIONS
A. Minor acts of non-conformance or minor violations of facility rules (refer to
Addendum A) may be handled informally by any staff member. Although
this kind of informal handling of minor infractions does not require
documentation, a series of minor violations can constitute a major violation
and some notation of accumulating violations can later be helpful in
documenting the more serious or cumulative disciplinary problem. As
such, a JNAR screen should be initialized, documenting the minor
violation and informal discipline:
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
1. Counseling or advising the inmate of expected conduct. Because it
is personal and informal and especially when it encourages the
inmate to respond in a mature, responsible manner, counseling can
be an effective tool in the disciplinary process. It relies on the skill
and sensitivity of staff to defuse potential disciplinary problems
before they escalate.
2. Assignment to an extra work detail.
3. Removal from a work assignment without loss of work time credit.
B. In addition, temporary loss of privileges such as, but not limited to, access
to television, telephones or commissary, or lockdown for less than 24-
hours, may be considered minor discipline if such acts are accompanied
by written documentation, and a policy of review and appeal to a
supervisor.
1. Individual inmates may be confined to their individual cells for up to
twenty-four (24) hours, to include a loss of all privileges. They shall
be advised verbally of the reason for the confinement and the time of
their release.
2. The officer who confines an inmate to their cell shall notify the
Facility Sergeant and create a DISP event documenting the incident.
Make a notation in the REMARKS section specifically summarizing
the reason, the name of the Sergeant notified, and the time of the
confinement. Complete the NXT-ACT, NXT-DATE and NXT-TIME
fields as appropriate.
3. If an inmate confined to their cell so requests, they may speak with
an on-duty Sergeant concerning the confinement. The Facility
Sergeant shall respond to and speak with the inmate within one (1)
hour to review the discipline.
4. When an inmate is on 24-hour lockdown, their existing commissary
may be removed, inventoried and withheld as a temporary loss of
privileges. However, if the weekly commissary is delivered during
the lockdown period, the commissary shall be accepted, stored and
returned to the inmate at the end of the discipline period.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
C. Staff members observing repetitive minor acts of non-conformance or
repetitive minor violations of facility rules shall initiate a rule violation
report (via JREP).
II. MAJOR VIOLATIONS
A. Major violations (refer to Addendum B) or repetitive minor acts of non-
conformance or repetitive minor violations of institutional rules shall be
reported in writing by the staff member observing the act (via JREP).
B. The consequences of a major violation may include, but are not limited to-
1. Loss of good time/work time
2. Placement in disciplinary isolation
3. Disciplinary isolation diet
5. Loss of privileges mandated by regulations
C. If a staff member observes a major violation, they shall take the following
action as appropriate-
1. Summon adequate assistance, if necessary, to prevent a violent or
potentially violent situation from occurring or continuing to occur and
immediately relocate the inmate(s) to another location, pending
classification review.
2. Notify the Facility Sergeant of the situation as soon as practical.
3. Notify Population Management to reassess the inmate for possible
reclassification.
D. Staff members observing a major rule violation shall prepare or cause to
be prepared the following reports-
1. Crime report, if appropriate.
2. Incident report.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
3. Rule violation report. A rule violation report shall be prepared
concerning all incidents of a major rule violation whether or not a
crime or incident report is prepared for the same offense.
III. WRITING THE RULE VIOLATION REPORT (JREP)
A. When a staff member initiates a rule violation report, they shall-
1. Write and submit the report within twenty-four hours of the violation
occurrence. Preferably, the report shall be written and submitted
prior to the end of the shift. However, if the violation occurs at the
end of the shift, the report may be written on the next day.
Extenuating circumstances which require an extension beyond
twenty-four hours shall require the approval of the Watch
Commander.
2. Not charge an inmate with multiple violations concerning a single
incident. The rule violation shall charge the inmate with the most
severe rule violation and fully describe the situation and
circumstances regarding the other violations in the narrative section
of the rule violation report.
3. Enter the rule violation information on the JREP screen, via the CMS
system, along with the time and date that the rule violation is to be
delivered to the inmate.
4. Ensure that a copy of the rule violation report is delivered to the
inmate.
B. The officer delivering the rule violation to the inmate shall ensure that the
date and time of the actual delivery is noted on the rule violation report
form and advise the inmate that a hearing is to follow after twenty-four(24)
hours.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
IV. DISCIPLINARY HEARING OFFICER RESPONSIBILITY
A. The rule violation hearings shall be held no sooner than twenty-four (24)
hours and no later than seventy-two (72) hours from the time the inmate
receives their copy of the rule violation report.
B. The inmate may waive the twenty-four (24) hour limitation. The hearing
may be postponed or continued for a reasonable time through a written
waiver by the inmate, or for good cause. The reason for the waiver and
cause shall be noted in the disciplinary hearing officer's report.
C. The designated disciplinary hearing officer must be of higher rankthan the
staff member initiating the rule violation.
D. The hearing officer shall review the rule violation report and, if necessary,
discuss the report with the staff member who initiated the rule violation, in
order to conduct an appropriate investigation.
E. If a hearing is requested by the inmate, the disciplinary officer shall
interview the inmate and any witnesses the hearing officer deems
appropriate and summarize the information as part of the investigation
report.
F. At the time of the hearing, the inmate shall be advised of their right to call
and examine witnesses in their defense.
1. If requested by the inmate, the witnesses (inmates or staff members)
shall be physically present during the disciplinary hearing.
2. The decision to preclude the calling of a witness should be made on
a case-by-case analysis of the potential hazards to facility security
and staff or inmate safety which may result from the calling of a
particular person. In such cases, the inmate maybe asked to submit
questions they want asked of the witness and a remote interview
may be conducted.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
3. If witnesses are requested by the inmate and not called, the
justification for not calling the requested witnesses shall be noted as
part of the hearing officer's investigative report.
G. If the inmate does not desire a hearing, that fact shall be noted in the
Summary of Hearing by the hearing officer.
H. An inmate shall not be found guilty strictly on the basis that a hearing was
refused. In such cases, the hearing officer's summarization and
recommendation shall be based upon the reporting officer's statements.
I. The hearing officer shall review the inmate's record for previous violations.
All pertinent screens shall be reviewed (i.e., JNAR, DISP and previous rule
violation reports.
J. The hearing officer shall review the inmate's charges to discern whether or
not the inmate is sentenced. If the hearing officer finds an inmate guilty
and the inmate is sentenced, loss of good time rather than disciplinary
time may be recommended.
V. RULE VIOLATION SUMMARY OF HEARING
A. The hearing officer shall summarize their investigation and recommend
the appropriate action. Whether this recommendation be concluded from
physical evidence and/or statements of the inmate, witnesses called,
and/or the statements of staff involved, there must be some evidence to
conclude that finding.
B. The findings of the hearing officer shall be noted on the rule violation
report as either, "I find the inmate guilty" or "I find the inmate not guilty".
C. If the hearing officer concludes that the inmate has violated established
facility rules, they shall recommend the appropriate disciplinary action on
the Summary of Hearing section on the rule violation report.
1. All recommendations shall be consistent with the established
standards of discipline in Section XVI of this policy.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
2. Any deviation from the established standards of discipline shall be
fully justified in the summary of the disciplinary hearing (e.g., "Even
though this is Inmate's first written violation of Rule#5, he has been
counseled twice in the past week concerning his behavior
(documented via JNAR). I therefore recommend an accelerated
exception to the discipline standards and recommend 10 days for his
first violation of Rule #5").
D. The hearing officer shall include in their report the inmate's total number of
prior violation convictions, as well as the total number of prior convictions
for the offense level.
1. For the purpose of researching minor violations, the officer shall
review the inmate's records for the past year, or the length of their
current stay, whichever is greater.
2. For the purpose of researching major violations, the officer shall
review the inmate's records for the past three (3)years, or the length
of their current stay, whichever is greater.
E. The report shall then be forwarded, via the CMS system, to the
appropriate Sergeant for review.
VI. SERGEANT'S RESPONSIBILITY
It is each Facility Sergeant's responsibility to ensure that the following is
completed:
A. The rule violation reports shall be reviewed for completeness, accuracy,
spelling, punctuation and grammar and processed in a timely manner.
B. A disciplinary hearing officer is assigned to conduct the hearing. The
hearing officer must be of higher rank than the staff member initiating the
rule violation report and be impartial, not directly involved, nor have
witnessed the incident which resulted in the disciplinary action.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
C. The Sergeant shall approve, deny, or modify the recommendation of the
hearing officer, then forward the rule violation report, via the CMS system,
to the Watch Commander.
VI I. WATCH COMMANDER'S RESPONSIBILITY
Subsequent to final disposition of disciplinary charges by the hearing officer,the
charges and the action taken shall be reviewed by the Bureau Commander or
his designee. The Detention Bureau Commander has designated the Watch
Commanders responsible for this duty, and as such, they shall:
A. Be responsible to review the rule violation report, the investigative report
submitted by the hearing officer, and the Sergeant's recommendation.
B. Approve, deny, or modify the recommendation of the Sergeant.
Vill. THE COMPLETED REPORT
A. Once the report is closed, a copy of the report will automatically print on
the inmate's housing floor (as originally listed). If the inmate was
transferred, the report must be routed to the new housing location, or the
housing floor can be notified to print a copy of the report. The printed copy
of the results of the rule violation shall be given to the inmate.
B. A record of the complete rule violation report, including the disciplinary
hearing officer's summary and the Sergeant and Watch Commander's
review, will be maintained in the CMS system.
C. A batch report of all rule violations that were reviewed and completed
within the previous twenty-four hours will automatically print in the
Administrative Office each morning. The designated Watch II Population
Management staff member assigned to implement the disciplinary action
shall be responsible to retrieve the batch report and initiate the discipline
transactions that were approved.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
IX. IMPLEMENTATION OF DISCIPLINARY ACTION
A. A designated Watch II Population Management staff member shall be
responsible for initiating the following CMS entries which involve the
implementation of disciplinary action:
1. The initiation of a housing unit transfer, if appropriate, into a
disciplinary cell.
2. If necessary, initiate any events (e.g., DLOF/disciplinary diet).
3. If there is a removal from inmate worker status and/or a loss of good
time or work time, the appropriate changes or notations shall be
made and the subsequent extra visit(s) removed.
B. The designated Population Management staff member shall be
responsible to ensure-
1. The inmates housed together in the disciplinary cells shall be of the
same classification security level.
2 A disciplinary review (DREV) event shall be initiated on all inmates
housed in a discipline cell for longer than thirty (30) days.
a. The event shall be set to nag on the thirtieth day at 0700
hours. If the thirtieth day falls on a weekend or holiday, the
event shall be set for the previous business day.
b. When the event nags the Population Management Office,the
Detention Bureau Commander (or his designee) shall be
notified and a review of the inmate's isolation status
conducted before the isolation status is continued. Such
reviews shall continue at least every fifteen (15) days
thereafter until the disciplinary status has ended.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
C. It shall be the responsibility of the designated Watch II
Population Management staff member to notify the Bureau
Commander (or his designee), complete the open event and
type a notation in the REMARKS section noting the name of
the person who authorized the continuation of the isolation
status, and reinitiate a new DREV event for fifteen (15) days
hence, following the guidelines as established for the thirty
day review.
X. TRANSFER TO A DISCIPLINE CELL
A. Discipline transfers are scheduled each evening at 1900 hours. Each
inmate will have an open MOVE and DSPO event.
1. The MOVE shall be completed when the inmate is transferred into
discipline.
2. The DSPO event shall remain open until the inmate is removed
from discipline. The number of days to serve in discipline, the
corresponding report number, and any special instructions (e.g.,
isolation diet) will be listed in the REMARKS section.
B. The initial entry into a disciplinary cell shall require that a designated
officer confiscate all items which are not specifically addressed by this
policy (refer to Section X(E) on page 13). All food and personal property
shall be confiscated from the inmate, with the exception of
correspondence materials and legal paperwork (if so requested) and
personal hygiene items. Although inmates are allowed to retain
correspondence materials when placed in discipline, any previously
received letters will be confiscated.
C. An Inmate Property Inventory Sheet (J-94 form) noting confiscated
property shall be completed for all inmates placed into a disciplinary cell.
The inventory sheet shall be signed by the inmate when they are placed
into discipline and again when they are removed from disciplinary status
to verify that the same articles taken are returned.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
D. All property taken shall be inventoried and secured in the designated
area as follows:
1. Inmates transferring to discipline from the South Annex Jail will
have their property taken and inventoried, via the JNAR transaction
and accompanying Inmate Property Inventory Sheet by the floor
officer from where the inmate is being transferred.
2. Inmates transferring to discipline from the Satellite, North Annex,
and Main Jails shall have their property searched and inventoried,
via the JNAR transaction and accompanying Inmate Property
Inventory Sheet by the Main Jail Basement Officer. The Court Call
Officer shall then transport the inmates and their property to the
South Annex Jail's disciplinary cells.
3. If an inmate is already housed in a single Administrative
Segregation cell, the inmate shall remain in the Administrative
Segregation housing unit for the duration of the discipline, however,
the inmate shall be treated in a manner consistent with inmates
housed in disciplinary cells.
a. Inmates serving their disciplinary time in their assigned
housing cell shall have their property searched and
inventoried by one of the officers assigned to the floor.
b. The names of all inmates in Administrative Segregation who
are on disciplinary action shall be posted in the nearest
security station. The notice shall be posted by the officer who
completed the inmate's MOVE into a disciplinary housing unit
and shall include the inmate's name and the dates they are on
disciplinary status.
E. The items that may be retained by the inmate when placed in a
disciplinary cell are as follows-
1. One (1) toothbrush
2. One (1) toothpaste
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
3. One (l) soap
4. One (1) deodorant
5. One (1) comb
6. One (1) razor
7. One (1) shampoo
8. One (1) pair of shower shoes
9. One (1) roll of toilet paper
10. One (1) cup
11. Religious reading material (e.g., a Bible)
12. One (1) pencil
13. Twenty (20) sheets of paper
14. Ten (10) envelopes
15. Address list
16. Legal paperwork
17. Any prescribed medications or medical implements (e.g., inhaler,
leg brace, etc.)
F. All completed inventory sheets shall be retained with the confiscated
property and then scanned into the inmate's file in Jail Records upon the
inmate's removal from the disciplinary cell.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
XI. LIMITATIONS ON DISCIPLINARY ACTION
A. If an inmate is on disciplinary isolation status for thirty (30) consecutive
days, there shall be a review by the Detention Bureau Commander(or his
designee) before the disciplinary isolation status is continued. This review
shall include a consultation with health care staff. Such reviews shall
continue at least every fifteen (15) days thereafter until the disciplinary
status has ended.
B. Inmates housed in disciplinary isolation cells shall retain their full issue of
bedding and clothing. Deprivation of bedding and/or clothing may only
occur when an inmate has engaged in the destruction of bedding or
clothing. The decision to deprive inmates of such articles shall be
reviewed by the Bureau Commander or his designee during each twenty-
four (24) hour period.
C. In no case shall any inmate or group of inmates have the right to exercise
punishment over any other inmate or group of inmates.
D. In no case shall a safety cell or any restraint device be used for
disciplinary purposes.
E. No inmate may be deprived of the implements necessary to maintain an
acceptable level of personal hygiene.
F. Food shall not be withheld as a disciplinary measure.
G. The disciplinary isolation diet shall only be utilized for major violations of
institutional rules or when other forms of lesser discipline have failed to
work. The disciplinary isolation diet is part of a progressive disciplinary
plan and is one of the last measures to be applied in controlling inmate
behavior.
H. Correspondence privileges shall not be withheld except in cases where
the inmate has violated correspondence regulations, in which case
correspondence may be suspended for no longer than seventy-two (72)
hours without the review and approval of the Detention Bureau
Commander or his designee. However, that sanction cannot be applied to
correspondence with the courts, any member of the state bar, holder of
public office or the Board of Corrections.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
I. In no case shall access to courts and legal counsel be suspended as a
disciplinary measure.
J. A loss of work time may not be recommended unless a refusal to work is
involved.
1. Once earned, work time credit cannot be taken away.
2. A sentenced inmate may lose unearned work time credit for refusal
to work, or for a serious disciplinary infraction while participating in
work.
3. Not more than 30 days of credit may be denied or lost for a single
failure or refusal to participate. Any act of misconduct described as
a serious disciplinary infraction while participating in work shall be
deemed a failure to participate.
K. Although a loss of good time may be recommended for sentenced inmates
in lieu of discipline time, the following limitations shall apply-
1. Not more than 30 days of credit may be denied or lost for a single
act of misconduct defined as a serious disciplinary offense.
2. Not more than 90 days of credit may be denied or lost for a single
act of misconduct which could be prosecuted as a misdemeanor,
whether or not prosecution is undertaken.
3. Not more than 180 days of credit may be denied or lost for a single
act of misconduct which could be prosecuted as a felony whether or
not prosecution is undertaken.
XII. DISCIPLINARY CELL
A. All inmates placed in a disciplinary cell shall be considered to be on
disciplinary status with the loss of the following privileges-
1. Television
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
2. Telephone calls
3. Law Library (including pro per inmates)
4. Program participation (A.A., Education, etc.)
5. Recreational reading material
6. Commissary privileges
7. Visiting privileges (but does not prohibit attorney visits)
8. Hot water privileges
9. Recreation, both indoor and outdoor, up to a maximum of ten (10)
consecutive days.
B. Inmates in a disciplinary cell shall be afforded access to showers for
fifteen (15) minutes every other day during Watch III. Odd numbered
cells shall be showered on odd calendar days and even numbered cells
shall be showered on even calendar days. All inmates shall be
showered on the last day of months with thirty-one (31) calendar days.
C. All inmates confined in disciplinary cells will be provided with
supplemental hygiene items (toothpaste, soap and razor) and
correspondence materials (pencil, writing paper and two (2) envelopes)
by Inmate Programs staff on Thursdays.
1. The designated Inmate Programs staff member will be responsible
to deliver the hygiene items to the discipline housing floors.
2. The housing officers shall be responsible to deliver the hygiene
items to the inmates.
D. All correspondence to and from disciplinary inmates shall be processed
and delivered according to current policy.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
1. Inmates may retain all correspondence received while in discipline.
Any correspondence received prior to placement into discipline will
be confiscated and stored with their property(with the exception of
legal mail).
2. Magazines, newspapers, periodicals and paperback books shall be
withheld while the inmate is on discipline status. Forward any such
items to the inmate's disciplinary housing floor to be placed with
their confiscated personal items.
E. Except for inmates receiving the disciplinary isolation diet, all inmate
meals served in a disciplinary cell shall be from the same daily menu that
is served to all other inmates. All excess food, the food tray, and eating
utensils shall be removed from the disciplinary cell no sooner than twenty
(20) minutes but no later than thirty (30) minutes after the meal is
distributed.
F. Periodic searches of the disciplinary cells and of the inmates confined
there shall be made, and all unauthorized materials will be removed.
G. All inmates in a disciplinary housing unit shall be required to keep their
cell and dayroom areas clean or they shall be subject to further
disciplinary action. An inmate worker shall be utilized to clean the empty
cells and dayroom areas, however, they shall remain supervised by an
officer at all times.
XIII. LOSS OF INMATE WORKER STATUS
A. Staff members may not arbitrarily remove an assigned inmate worker
from their position, nor shall they remove their corresponding additional
visit(s) without affording the inmate due process.
B. Housing transfers of an inmate worker for legitimate penological interests
may result in their removal from inmate worker status and the loss of
associated privileges. An inmate may reapply for inmate worker status
when a vacancy occurs.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
C. Staff members may recommend the removal of an assigned inmate
worker from their position by completing an inmate rule violation report
documenting the reason for removal.
D. If a recommendation for removal is upheld by the reviewing Watch
Commander, the designated Watch II Population Management staff
member shall modify the JAIL screen's TRUSTEE field and
accompanying inmate worker JEVT.
E. If an inmate personally requests to be removed as a pod inmate worker,
the following shall be performed-
1. The floor officer shall inquire as to the reason the inmate is
requesting removal from worker status (any underlying tensions
may be cause for investigation).
2. The inmate worker JEVT screen shall be completed, noting the
inmate's request and reason for removal in the REMARKS section.
3. The JAIL screen shall be modified so that the TRUSTEE field is
blank.
G. If an unsentenced pod worker refuses to work, a rule violation report
shall be written to ensure due process. If they are found to be guilty,
their additional visit shall be removed and no additional punishment shall
be imposed. Unsentenced inmates cannot be forced to work.
XIV. DISCIPLINARY ISOLATION DIET
The disciplinary isolation diet is part of a progressive disciplinary plan and is one
of the last measures to be applied in controlling inmate behavior. The
disciplinary isolation diet shall only be utilized for major violations of institutional
rules or when other forms of lesser discipline have failed to work.
A. No inmate receiving a prescribed therapeutic diet is to be placed on a
disciplinary isolation diet without review by the facility physician.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
B. The disciplinary diet shall be served twice in each 24-hour period and
shall consist of one-half loaf of the meatloaf (as prescribed by Title 15
Section 1247) along with two slices of whole wheat bread and at least
one quart of drinking water if the cell does not have a water supply.
C. If the disciplinary isolation diet is sanctioned as a means of discipline,the
loaf will be served to the inmate every other day (on odd-numbered
calendar days) for the prescribed length of discipline.
XV. POPULATION MANAGEMENT OFFICER RESPONSIBILITY
A. It shall be the responsibility of the designated Population Management
Officer to provide the Transportation Officers with copies of the following
reports for all inmates being sent to prison-
1. All MAJOR rule violation reports.
2. All MINOR rule violation reports which still have discipline time
pending.
3. All multiple violations of MINOR rule violation reports.
B. The Population Management Officer shall make every attempt possible
not to release an inmate due to overcrowding purposes(OCRD)who has
discipline time pending.
1. If an inmate is released OCRD with discipline time pending, the
Population Management Officer shall make a notation on the
inmate's JCLS screen indicating such. Likewise, if an inmate is
transported enroute with discipline time pending, Records shall
inform Population Management, who shall make a notation on the
inmate's JCLS screen.
2. If the inmate is returned to custody within one year, the officer who
classifies the inmate shall notify the designated Watch II Population
Management staff member in charge of discipline.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
3. The designated Population Management staff member will be
responsible to schedule the inmate for their disciplinary time.
XVI. INMATE DISCIPLINARY STANDARDS
A. The amount of disciplinary time (or loss of good time and/or work time for
sentenced inmates) for MINOR violations (#1 through 13) is as follows-
1. The first violation of a minor rule shall be five (5) days.
2. The second offense of any minor rule shall be ten (10) days.
3. The third offense of any minor rule shall be fifteen (15) days.
B. The amount of disciplinary time (or loss of good time and/or work time for
sentenced inmates)for MAJOR violations (#14 through 24) is as follows-
1. The first violation of a major rule shall be fifteen (15) days.
2. The second offense of any major rule shall be twenty (20) days.
3. The third offense of any major rule shall be twenty-five (25) days.
C. There are five select MAJOR rule violations (#25 through 30) considered
to be of the most grievous nature and the strictest enforcement of these
rules shall be applied. The amount of disciplinary time (or loss of good
time and/or work time for sentenced inmates) for these SERIOUS
MAJOR violations is as follows-
1. The first violation of a serious major rule shall be thirty (30) days.
2. The second offense of any serious major rule shall be forty (40)
days.
3. The third offense of any serious major rule shall be fifty (50) days.
MINOR OFFENSE 1ST=S'DAYS' 2ND =10',bAys 3RD =16 DAYS
Occurring;Within the past year,or the length of the current stay,whichever is greater;
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
1 Alteration of housing area(e.g.,clothing,pictures or any other items shall not be hung or attached in any way to the doors,walls,light
fixtures or bunks;windows,vents and light fixtures shall not be covered;bedding and/or linen shall not be hung on the bunks as curtains
or tents)
2 Being in an unauthorized area(including another inmate's cell)
3 Cell cleanliness
4 Disruption of facility routine(e.g.,feeding process,clothing exchange,medication pass,count,commissary distribution,etc.)
5 Failure to follow instructions
6 Misinformation to staff(e.g., lying,feigning illness to receive medical attention,etc.)
7 Misuse of Law Library or theft of Law Library materials(e.g., using the typewriter or photocopier for personal use)
8 Possession of,or passing contraband,other than a weapon
9 Smoking and/or in possession of smoking materials(including matches,lighters,or smokeless tobacco)
10 Unauthorized communication(e.g., passing articles to other inmates)
11 Unfit for inmate worker status
12 Visiting rules(e.g.,sitting on the table, not exiting the visiting area when notified,exposing body parts,etc.)
13 Miscellaneous(any violation considered to be"minor",not specifically enumerated in the JREP system). To include,but not be limited
to:gambling;exiting the housing area without authorization;being improperly dressed in the dayroom;sitting on a dayroom table,upper
tier rail,or stairway; boisterous or argumentative behavior(with inmates or staff);or other minor acts of non-conformance
MAJOR OFFENSES 1ST- l.5 DAYS 2ND=20 DAYS 3RI1=25 DAYS'
Occurring;Within the past three years,or the length of the current stay,whichever is greater,
14 Burning or starting fires
15 Extortion
16 Fighting
17 Instituting or being involved in a disturbance(includes verbal altercations)
18 Misuse of inmate identification(e.g.,in possession of another inmate's I.D.;destroying or altering same,or being out of the cell
without an I.D.wristband)
19 Misuse of medication(e.g., in possession of another inmate's medications,hoarding,etc.)
20 Possession or attempt to make homemade alcohol
21 Stealing/theft
22 Threatening facility staff members
23 Vandalism(damage to County property,to include electrical(hot-wiring), plumbing,telephones,doors,graffiti,etc.)
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVIION POLICIES AND PROCEDURES
TITLE: INMATE DISCIPLINE NO: E-230
FILE: DISCIPLINE
24 Miscellaneous(any violation considered to be"major",not specifically enumerated in the JREP system, including all laws)
SERIWS MAjo OFFENSES 1�t r 30 DAY$ 2ND=46 DAYS 3Ra=W'�AYF
Occurring;Within the past three years,or the length of the current stay,whichever is greater,
25 Assault on an inmate
26 Assault on a staff member
27 Escape or attempted escape
28 Instigating or participating in a riot or disturbance
29 Possession or manufacture of a weapon or sharp implement(includes dismantling or disassembling a disposable razor)
30 Jamming the elevator doors
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