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RECREATION E-180 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: JAIL EXERCISE AND RECREATION NO: E-180 FILE: RECREATION EFFECTIVE DATE: 01-07-91 REVISED: 12-25-94, 11-01-99, 07-01-10, 11-02-16, 03-30-17, 05-04-23 AUTHORITY: Sheriff J. Zanoni APPROVED BY: Assistant Sheriff G. Gularte REFERENCE: Title 15, Section 1065; Spain v Procunier, 600 F.2d 189, 199 (9t" Cir. 1979); Cruz v. County of Fresno (United States District Court, Eastern District of California, Action No. F-93-5070, February 25, 1994); Kane v. Pierce, 2009 WL 160255 (E.D. Cal. 2009); and Hall v. County of Fresno, E.D. Cal. No. 1:11-CV-02047-LJO-BAM (2015). PURPOSE: The purpose of this policy to establish and maintain an exercise and recreation program for all incarcerated people in custody. POLICY: It is the policy of the Fresno County Sheriffs Office Jail Division that all incarcerated people shall be afforded the opportunity to participate in a minimum of ten (10) hours of out of cell time over a period of seven days to include an opportunity for three (3) hours of exercise (1.5 hours of which must be outdoors) and an opportunity for seven (7) hours of recreation. Travel time to and from recreation areas shall not be considered as part of the scheduled recreation time. It is the policy of the Fresno County Sheriffs Office Jail Division that recreation time outside the housing unit will not be made up for those who are away from the housing unit at other activities during the housing unit's regularly scheduled recreation. Exceptions will only be made for individuals with serious mental illness (SMI) housed in administrative separation Iockdown cells. Page 1 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: JAIL EXERCISE AND RECREATION NO: E-180 FILE: RECREATION PROCEDURES: I. RECREATION - OVERVIEW Exercise has been recognized as a basic human need and some form of regular exercise is extremely important to the psychological and physical well-being of all incarcerated people. Incarcerated people have a right to out-of-cell exercise that includes a right to outdoor exercise. Notwithstanding, both of these rights are subject to limitations or restrictions if there is sufficient justification for such restrictions. II. RECREATION AREAS AND TIME ALLOTMENTS All incarcerated people are provided the opportunity to participate in recreation and exercise in areas designed for such, a minimum of ten (10) hours over a period of seven days. These opportunities shall include at least three (3) hours of exercise (1.5 hours of which must be outdoors) over a period of seven days. A. MAIN JAIL: Incarcerated people housed in the Main Jail will utilize the outdoor exercise area located on the roof of the facility and the indoor recreation areas located on their assigned floor, with the exception of the medical outpatient housing units (OHU). Incarcerated males housed in the OHU will receive their indoor exercise time in the Main Jail 3rd floor gymnasium; incarcerated females housed in the OHU will receive their indoor exercise time in the Main Jail 6t" floor gymnasium. 1. Those housed in general population units shall be provided with the opportunity to participate in at least eight (8) indoor recreation sessions each month. 2. In addition to their regularly scheduled recreation, ALL individuals housed in administrative separation lockdown cells (e.g., A-pods, 6F) will be provided dayroom access two (2) hours in conjunction with their assigned shower time (i.e., odd numbered cells on odd numbered calendar days; even numbered cells on even numbered calendar days. All cells shall receive half-an-hour on the last day of months with 31 days, and on February 29t" during leap years). Page 2 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: JAIL EXERCISE AND RECREATION NO: E-180 FILE: RECREATION a. Incarcerated people in the dayroom will occasionally need to be returned to their cells to facilitate the return or removal of other movement of incarcerated people (e.g., visits). Such temporary lockups should be minimally disruptive and not adversely affect the overall length of time the individual has access to the dayroom. If the lockup exceeds more than fifteen (15) minutes, additional time should be provided to them, commensurate to the amount of time they remained in their cell. B. SOUTH ANNEX JAIL: Incarcerated people housed in the South Annex Jail will utilize the outdoor exercise areas located on the roof of the facility and the indoor exercise areas located on the 2nd floor. C. NORTH ANNEX JAIL: Incarcerated people housed in the North Annex Jail shall utilize the North Annex Jail indoor-outdoor exercise areas located on each housing floor. D. WEST ANNEX JAIL: Incarcerated people housed in the West Annex Jail will utilize the West Annex Jail indoor-outdoor exercise areas located on each housing floor. 1. Housing units A through F will utilize the shared indoor-outdoor exercise areas located on each housing floor. 2. Housing units G and H on each housing floor will use utilize their adjoining indoor-outdoor exercise areas. III. INCARCERATED PEOPLE WITH SERIOUS MENTAL ILLNESS (SMI) Should any incarcerated person with serious mental illness (SMI) be housed in any lockdown administrative separation housing (e.g., Main Jail A-pod, Main Jail 6F, FF-cell) that has not been scheduled to receive the opportunity to participate in the required out of cell time, the assigning Population Management Officer shall be responsible to notify the supervising Population Management Sergeant and the Compliance Sergeants. A Compliance Sergeant will be responsible to ensure the individual receives the additional out of cell time. Page 3 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: JAIL EXERCISE AND RECREATION NO: E-180 FILE: RECREATION IV. DENIAL OR LIMITATION Any restrictions on access to exercise and/or recreation areas must be weighed against the necessity for reasonable security of the facility and protection of Jail staff, incarcerated people, and the public. A. High heat indexes and hazardous air pollutants which are likely to cause harmful health conditions will necessitate outdoor recreation to be canceled for safety reasons. (Refer to B-190/Air Pollutants, Extreme Temperatures and Heat-Risk Medications [FILE: WEATHER RISKS].) Outdoor recreation will be canceled under the following circumstances: 1. When the heat index meets or exceeds 1100F. 2. When the Air Quality Index (AQI) exceeds 300. 3. If an incarcerated person has a "Heat Medication Warning" ALERT and the heat index is 900 or higher. B. Incarcerated people may be restricted from recreation time upon the order of medical staff (e.g., an isolation/quarantine order for contagious disease). Medical staff will be responsible to create a "No Rec" ALERT via Offendertrak. C. If an incarcerated person's conduct poses an acute security risk, the individual may be temporarily denied out-of-cell exercise opportunities. The deprivation must be individualized based on objective criteria and clear justification that the individual's conduct poses a threat to the safety of Jail staff or the security of the facility. 1. Any restriction to exercise and/or recreation areas withheld from an incarcerated person based upon their conduct shall require an incident report and prior approval from the Watch Commander. a. If the restriction involves an SMI incarcerated person housed in an administrative separation Iockdown cell, the Watch Commander shall ensure that the Charge Nurse is consulted. b. The restriction shall be lifted as soon as the acute security threat is over. Page 4 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: JAIL EXERCISE AND RECREATION NO: E-180 FILE: RECREATION c. The housing officers shall send an email to "Jail Compliance Unit" (via Outlook) and indicate that a lockdown SMI incarcerated person's recreation time was canceled and needs to be rescheduled. The individual's name, JID and housing location shall be included, as well as the reason for the cancellation. 2. The incident report shall be forwarded to the Jail Operations Bureau Commander indicating the identifiable risks and the legitimate governmental purpose served by the restriction. 3. Prolonged denial of out-of-cell time shall only be enacted with careful evaluation of the need for such a dramatic step, and with ongoing attention to the effects the restriction is having on the incarcerated person's mental and physical well-being. D. If a group of incarcerated people cause a disturbance which results in the need to implement a "lockdown," access to recreation may be temporarily suspended until normal operations can be restored. (Refer to Jail Policy E-220/Administrative Action [FILE: ADMIN ACTION].) If any incarcerated person with an SMI ALERT is confined to their cell for more than three (3) days, a Compliance Sergeant shall ensure that the incarcerated person will be provided the opportunity to participate in the required out of cell time. If the circumstance of the lockdown precludes the ability to allow the incarcerated person to attend recreation, the Charge Nurse shall be consulted. The restriction shall be lifted as soon as the acute security threat has ended. E. Access to recreation may be limited during placement on disciplinary status for violating jail rules. 1. Incarcerated people considered to be on disciplinary status will not be provided with recreation time during their length of stay on discipline, up to a maximum of ten (10) consecutive days. 2. Incarcerated people with serious mental illness (SMI) who are housed in single cells (i.e., 2D or FF) will not have their recreation time restricted, regardless of disciplinary status, except as otherwise identified in this section (i.e., heat/AQI/medication risks, medical order, conduct that poses an acute security risk, and administrative actions). Page 5 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: JAIL EXERCISE AND RECREATION NO: E-180 FILE: RECREATION V. RESCHEDULING MISSED RECREATION SESSIONS A. Recreation time outside the housing unit will not be made up for those incarcerated people who are away from the housing unit at other activities during the housing unit's regularly scheduled recreation. Exceptions will only be made for SMI individuals housed in administrative separation lockdown cells. B. Anytime an administrative separation lockdown SMI individual's recreation is denied, a housing officer shall send an email to "Jail Compliance Unit" via Outlook. 1. The incarcerated person's name, JID number, and housing location shall be included in the email, as well as the reason for the cancellation (e.g., high heat index; hazardous air pollutants; heat- risk medication; medical order; the individual's conduct; required attendance elsewhere - group therapy, court, etc.). 2. A Compliance Sergeant will be responsible to ensure that a make- up session is rescheduled. VI. RECREATION SCHEDULE A. A recreation schedule shall be created and maintained by the Offender Programs Manager and approved by the Jail Administration and Programs Bureau Commander. B. A schedule for the use of the exercise facilities will be posted in each housing unit. VI I. RECREATION AREA SEARCHES A. Officers shall conduct a complete search of the recreation areas prior to their daily use to determine if there is any contraband, faulty equipment, or damage to the facility which may jeopardize facility security. 1. The Floor Officers shall search indoor recreation areas on their assigned floors each day prior to any use of the area. 2. The Yard Officers shall search the outdoor recreation areas they are assigned to oversee each day prior to any incarcerated person using the area. Page 6 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: JAIL EXERCISE AND RECREATION NO: E-180 FILE: RECREATION B. Any deficiencies shall be reported to Jail Services and/or Offender Programs, as applicable. Any emergency repairs shall be immediately reported to the Facility Sergeant. (Refer to Policy Section F-210/ Maintenance Reporting & Repairs [FILE: MAINTENANCE REPAIRS].) Vill. RECREATION SECURITY A. Incarcerated people shall be physically counted by the officer supervising the recreation area to ensure that all individuals have reached the designated recreation area. That number shall be confirmed with the housing floor officer. B. The housing unit officers shall ensure that all incarcerated people are accounted for upon their return to the housing unit. C. In the event of any irregularity, the Facility Sergeant shall be immediately notified, and appropriate action shall be taken to locate the missing individual(s). IX. RULES FOR THE USE OF THE RECREATIONAL FACILITIES The following rules apply to all recreation areas: 1. There will be no food or drink allowed in the recreational facilities. 2. Incarcerated people shall follow all instructions given to them by the staff members on duty. 3. When exercising, individuals may drop their jumpsuits down to their waists, but a T-shirt must be worn to cover their torso. 4. Gym shorts may be worn with the T-shirt in the gym and on the yard, however, jumpsuits must be worn when going to and from the housing unit. 5. Shoes must be worn at all times. Shower shoes are not permitted. 6. Individuals shall not abuse or deface the equipment. 7. No littering or spitting on the floor. 8. No hanging on the basketball net or rim. No kicking the basketballs. 9. No organized group exercises. Page 7 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: JAIL EXERCISE AND RECREATION NO: E-180 FILE: RECREATION 10. No wrestling. 11. No graffiti. X. DOCUMENTATION A. All recreation participation outside the housing unit shall be documented via the barcode reader or by manual input into the Offendertrak system. B. For ALL individuals housed in administrative separation lockdown cells (e.g., Main Jail A-pods, Main Jail 6F), dayroom access shall be documented via Offendertrak. A MOVEMENT TRACKING entry shall be made, moving the individual to the applicable "Dayroom," as well as returning the individual to their assigned housing unit, upon completion. [MOVEMENT4MOVEMENT TRACKING (ensure that INTERNAL MOVEMENT and DESTINATION LOCATION are both selected). Click on the ellipsis4Select the appropriate location (e.g., MJ 03 OA DAYROOM)4Click OK4Enter MOVE DATE TIME4CIick MOVE] C. Refusal to attend recreation by any incarcerated person housed in a lockdown cell must be documented by creating a new event. [MISCELLANEOUS4SCHEDULING4"New" (icon)4TYPE _ (as applicable, e.g., Refusal — Gym; Refusal — Out of Cell Recreation; or Refusal — Yard)4DESCRIPTION = (incarcerated person's name)refused (recreation type)(time of event)(computer ID#)] D. Any denial or restriction of any incarcerated person's recreation time due to heat-sensitive medications, excessive heat index, or air pollutants shall be documented by creating a new event. The Facility Sergeant shall be notified. [MISCELLANEOUS4SCHEDULING4"New" (icon)4TYPE = HEAT REC CANCELLATION4 DESCRIPTION =(the heat index)] E. Any denial or restriction of any incarcerated person's recreation time due to their conduct shall be documented via Log entry. The Facility Sergeant shall be notified. Any denial of recreation based upon an individual's conduct shall require prior approval from the Watch Commander and an incident report. [LOG4INMATE LOGO LOG TYPE =GENERAL4"New" (icon)4 (LOG TEXT="(incarcerated person's name)denied (type of recreation)(time of event)(reason for denial)(computer ID#)"] Page 8 of 9 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: JAIL EXERCISE AND RECREATION NO: E-180 FILE: RECREATION F. If any denial or restriction involves an SMI individual housed in administrative separation lockdown, a housing officer shall send an email to "Jail Compliance Unit" and indicate that a lockdown SMI individual's recreation time was canceled and needs to be rescheduled. The incarcerated person's name, JID and housing location shall be included, as well as the reason for the cancellation. The Compliance/Audits Sergeant will be responsible to ensure that a make-up session is rescheduled. G. Cancellation of an entire housing unit or facility (e.g., when the heat index meets or exceeds 110°F) shall be documented via an incident report. 1. The heat index temperature that caused the closure and the heat index tool that was used to determine the heat index shall be included in the report. 2. A separate incident report shall be written at the time that the affected recreation area is reopened. Page 9 of 9