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CONTRABAND CONTROL D-335 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: CONTRABAND CONTROL NO: D-335 FILE: CONTRABAND EFFECTIVE DATE: 10-01-21 REVISED: AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff S. McComas REFERENCE: California Code of Regulations, Title 15, Section 1029. and Penal Code Sections 4502, 4573, 4573.5, 4573.6, 4573.8, 4574, and 4575. PURPOSE: The purpose of this policy is to establish and maintain a consistent method for the identification, collection, and disposition of contraband. POLICY: It is the policy of the Fresno County Sheriffs Office Jail Division that inmates are allowed to possess only that property which the inmate is authorized to retain upon acceptance into the facility, which is issued while the inmate is in custody, which the inmate purchases from commissary, or which is approved by staff to be mailed to, or otherwise received by an inmate. PROCEDURES: I. DEFINITIONS CONTRABAND - an item that an inmate is not authorized to have or is prohibited by law or policy. Approved items may be contraband if altered, possessed in higher quantity than authorized, used in ways not intended or approved, or obtained through an unapproved source. DANGEROUS CONTRABAND - any material or substance that could be used to facilitate a crime, aid an escape, or could be fashioned into a weapon (e.g., metal, plastic, wood, or wire). Also included are explosives, caustic substances, intoxicants, drugs, tobacco products, flame-producing devices, money, cellular telephones, tattooing paraphernalia, unauthorized medications, or medication of another person. Page 1 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: CONTRABAND CONTROL NO: D-335 FILE: CONTRABAND NUISANCE CONTRABAND - contraband that is not a serious threat to the safety or security of the facility. Examples include, but are not limited to: excessive accumulation of authorized items, including commissary, newspapers, letters, or magazines; food items which are spoiled or retained beyond the point of safe consumption;jail-issued items which have been altered, or other items made from jail-issued items without staff authorization; and sexually explicit material. This category also includes any item hung or attached in any manner to a door, window, wall, vent, light fixture, or bunk. II. INTAKE — PERSONAL ITEMS A. All personal items will be taken from arrestees when they arrive at the Jail. Only the following items may be retained- 1. Prescription glasses and/or non-metal framed reading glasses 2. Telephone numbers and addresses 3. Hearing aids, dentures, and prostheses 4. Legal documents 5. Some medications, if approved by medical staff (e.g., nitroglycerine, asthma inhalants) 6. Religious head covering (if a jail-issued religious head covering is unavailable, the inmate may keep their personal head covering until a suitable substitute can be obtained). [Refer to E-190/Religious Head Coverings(FILE: RELIGIOUS HEAD COVERINGS).] B. In addition to the items enumerated above, inmates transferred from other facilities may retain: hygiene items, writing materials, non- perishable food items, healthcare items, clothing, and personal items comparable to those currently offered on commissary; 5 paperback books, 2 current newspapers, 6 magazines, a dictionary, and a religious text or holy book. [Refer to Addendum A for a full list of items and any limitations.] Page 2 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: CONTRABAND CONTROL NO: D-335 FILE: CONTRABAND III. CONTRABAND CONTROL MEASURES A. All inmates entering the Fresno County Jail are searched in accordance with current law and the guidelines set forth in policy. Inmates can be searched at any time once they are transferred into the general jail population. [Refer to policy D-240/Searches of Inmates and Housing Units (FILE: SEARCHES).] B. Metal detector searches are conducted on all visitors prior to entrance into the facility. C. All areas that inmates have access to are searched on a regular basis. D. Volunteers are forbidden from bringing anything into the facility to give to an inmate without the specific prior approval of the Offender Programs Manager or a Watch Commander. E. Officers are to remain cognizant of contraband within the housing units during their routine security checks. F. Officers shall prevent inmates from passing items into other pods. G. Inmates shall not handle any trash that is considered contraband or which could be fashioned into a weapon, except under direct supervision of an officer. H. Control at the perimeter of the property is accomplished through routine inspections of all windows and other areas where contraband may be directly introduced. IV. CONTRABAND Inmates may possess only personal property, commissary items, program materials and reading materials, up to the maximum amount, received or obtained from authorized sources, as permitted by policy. Any item found in an inmate's property or possession which is contraband (as defined in Section 1) will result in confiscation of the contraband. The possessor is subject to disciplinary action and/or criminal charges. The following items are strictly prohibited: Page 3 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: CONTRABAND CONTROL NO: D-335 FILE: CONTRABAND A. Dangerous Contraband. Inmates may not possess any materials or substances that could be used to facilitate a crime, aid an escape, or could be fashioned into a weapon (e.g., metal, plastic, wood, or wire). Also forbidden are- 1. Explosives and caustic substances. 2. Intoxicants and drugs (e.g., marijuana, alcohol (including "pruno"), controlled substances, drugs other than controlled substances, drug paraphernalia, and items mailed in that can be saturated and used to conceal or disguise drugs). [Refer to Addendum B.] 3. Tobacco products (cigarettes, cigars, pipes and smokeless tobacco), e-cigarettes and flame-producing devices (such as lighters and matches). 4. Any United States or foreign currency. 5. Any cellular telephone or wireless communication device accessory and/or component, including but not limited to a subscriber identity module (SIM card), memory storage device, cellular phone battery, wired or wireless headset, and cellular phone charger. 6. Tattooing paraphernalia. 7. Unauthorized medications, medication of another person, medications found in excess of the maximum quantity permitted, and unidentifiable loose pills. [Refer to Addendum A for permitted OTC quantities.] B. Sexually explicit Images or obscene materials. [Refer to Addendum B.] C. Any matter which contains or concerns threatening or dangerous materials. For example, any matter of a character tending to incite murder, arson, riot, violent racism, or any form of violence or physical harm to any person, or any ethnic, gender, racial, religious, or other group; graphic violence; coded messages, etc. [Refer to Addendum B.] D. Any item used inappropriately, or constructed, modified or altered for use with the intention of using the item in a manner that was not originally intended. Page 4 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: CONTRABAND CONTROL NO: D-335 FILE: CONTRABAND V. HANDLING AND DISPOSITION OF CONTRABAND All contraband shall be confiscated by the discovering officer. Contraband shall be disposed of as listed below. A. Personal property found in the possession of an inmate after they have left the booking area that has an estimated value of $5 or more (e.g., watches, rings, jewelry, sunglasses, keys, etc.) shall be confiscated and forwarded to the Facility Sergeant, who will ensure that the property is placed into an inmate property bag and filed with the inmate's property in Jail Records. An incident report and rule violation shall be written. B. If the property found has an estimated value of less than $5 (e.g., ink pens, handkerchiefs, etc.), the property shall be confiscated and may either be forwarded to the Facility Sergeant, or discarded by the officer (with the approval of the Sergeant). An incident report and rule violation shall be written. Any property to be discarded shall be photographed and attached to the report. Excess food', trash, broken personal items, and destroyed clothing and bedding may be thrown away without approval. C. If contraband is found in a common area that cannot be attributed to a specific inmate, an incident report shall be written. The contraband shall be reported to the Facility Sergeant for determination of disposal/ removal. D. Non-metallic contraband (e.g., cardboard, paper, improperly utilized trash bags, excess food, handcrafted necklaces and picture frames, etc.), may be thrown away in the facility garbage. E. Metal contraband (e.g., can lids, metal scraps, etc.), shall be stored in a secure area until it can be disposed of in a secure manner. Inmates and inmate workers shall not handle or have access to this trash. F. Any contraband retrieved from a body cavity, or which is otherwise suspected of being contaminated, shall be handled using appropriate safeguards (e.g., disposable gloves) and shall be placed in a container which shall be clearly labeled "contaminated." 'Does not include non-perishable commissary food items sealed in unopened original containers. Page 5 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: CONTRABAND CONTROL NO: D-335 FILE: CONTRABAND G. Medication considered to be contraband shall be forwarded for identification and disposal by medical staff in accordance with jail medical policies and legal guidelines. H. Money found in the possession of an inmate shall be retained by the discovering officer and personally forwarded to the Facility Sergeant. The Sergeant shall forward the discovered money and a copy of the completed incident report to the Sheriffs Business Office. The money will be deposited into the General Fund. I. Excess or damaged clothing and linen shall be returned to the Laundry Room. Items deemed repairable shall be laundered, repaired and reissued. Non-repairable items shall be set aside for "rag" usage or discarded at the discretion of the Laundry Supervisor. J. All tobacco products (cigarettes, cigars, pipes and smokeless tobacco), e-cigarettes and flame-producing devices (such as lighters and matches) shall be disposed of in a secure manner. K. Paper products in excess of the amount permitted, which is the personal property of an inmate and is not otherwise considered contraband (e.g., documents, correspondence, and books) may be removed and placed in the inmate's bulk property. The inmate may make arrangements to have the excess property picked up (or special accommodations may be made to mail the documents at the inmate's expense). The inmate may also choose to render useless and have the items discarded. The method of disposition shall be documented. 1. Staff shall not discard or dispose of inmate correspondence/ documents without involving the inmate in the process. 2. If the inmate makes no selection, staff shall document that fact and determine the method of disposition. 3. Placement of an inmate's property into storage shall be appropriately documented via Offendertrak. Page 6 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: CONTRABAND CONTROL NO: D-335 FILE: CONTRABAND L. Legal material in excess of the quantity permitted shall be placed into the inmate's bulk property2. Legal materials shall not be removed without the inmate's knowledge. Under no circumstances shall legal material be discarded by staff. M. All narcotics and dangerous drugs shall, in all cases, require a crime report. In order to preserve the chain of evidence, the contraband shall be retained by the discovering officer until it can be placed into an evidence locker, given to a Sergeant, or turned over to the responding deputy. This procedure shall be followed even if there is no prosecution anticipated. N. Inmate-manufactured weapons may require a crime report, as determined by the Facility Sergeant and/or Watch Commander. In all cases, an incident report shall be written. The Facility Sergeant shall ensure the weapon is either placed in evidence (if prosecution is anticipated) or destroyed and disposed of properly. O. Cell phones shall either be turned over to a deputy as evidence, or to the Population Management Sergeant/Unit Commander who will determine if the phone will be analyzed for intelligence gathering, be turned over to detectives, or be disposed of/destroyed. P. Pruno (i.e., jail-made alcohol) shall either be poured down the drain or safely disposed with the facility trash. Q. Items in excess of the quantity permitted, which are the personal property of an inmate and are not otherwise considered contraband, shall be placed in the inmate's bulk property. (Exception: newspapers and other periodicals.) VI. PERSONAL PROPERTY Aside from making cell searches and the control of contraband difficult, an overabundance of paper products can cause dangerous fire loading. It is therefore important to limit the amount of flammable materials in living areas. 2Although inmates do not have the right to store large quantities of legal papers in their cells,they still have a right to access the excess legal material and the inmate needs to have a reasonable opportunity to have access to the stored materials. Based upon space availability and with the approval of the Watch Commander,accommodations may be made to store the excess on the housing floor. The designated storage area is to be secured,with limited staff access and no access by other inmates. Inmate property should not be stored in the security station except in temporary situations. Page 7 of 8 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: CONTRABAND CONTROL NO: D-335 FILE: CONTRABAND A. Inmates are allowed to possess the following items (in a number not to exceed that listed): 1. Five (5) paperback books 2. One (1) dictionary 3. Six (6) magazines 4. Two (2) current newspapers 5. One (1) religious text or holy book (e.g., Bible, Qur'an, etc.) 6. Personal mail and correspondence material shall not exceed an amount which measures 8 '/2" x 11" x 6" B. Legal materials/documents, law books and papers in the possession of an inmate (or contained in an inmate's housing area) shall not exceed an amount which measures 8'/2" x 14" x 24". This amount is in addition to the allowable personal mail and correspondence materials. C. The Inmate Personal Property List (Addendum A) provides a list of the personal property(and any limitations on quantities)that each inmate can retain. Page 8 of 8