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TELEPHONE E-320 POLICIES AND PROCEDURES TITLE: TELEPHONE ACCESS NO: E-320 FILE: TELEPHONES EFFECTIVE DATE: 12-18-89 REVISED: 12-25-94, 06-17-96, 03-01-98, 07-01-98 01-01-01, 12-01-01, 02-09-23 AUTHORITY: Sheriff J. Zanoni APPROVED BY: Assistant Sheriff S. McComas REFERENCE: California Code of Regulations Title 15, Sections 1067 and 1081. Title 9, Section 865.2; Penal Code Sections 633, 636 and 851.5; Welfare & Institutions Code Sections 5325 and 5325.1; Government Code Section 26202.6; and People v. Loyd, 27 CalAt" 997 (May 2002) PURPOSE: The purpose of this policy is to provide access to telephones and communication devices for use by incarcerated persons consistent with state laws and regulations. POLICY: It is the policy of the Fresno County Sheriffs Office Jail Division that all individuals 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 Sheriff's Office Jail Division to allow all incarcerated persons access to a telephone or communication device beyond those telephone calls which are required at the time of arrest/booking. It is the policy of the Fresno County Sheriffs Office Jail Division to record all forms of telecommunications utilized by incarcerated persons for security reasons. Further, all such telecommunications are subject to "live monitoring" on a random basis. Incarcerated persons are not permitted to receive telephone calls but may receive pre- paid voice messages. Other messages will only be delivered in the event of a verified emergency. An individual's access to telephone communications shall not be withdrawn unless doing so is required to uphold the safety and security of the facility. Page 1 of 9 POLICIES AND PROCEDURES TITLE: TELEPHONE ACCESS NO: E-320 FILE: TELEPHONES PROCEDURES: I. TELEPHONE ACCESS AT THE TIME OF BOOKING A. Immediately upon being booked and, except where physically impossible, no later than three hours after arrest, an individual in custody has the right to make at least three completed calls to an attorney, bail bondsman, and a relative or other person. B. A sign containing the following information shall be posted in a conspicuous place 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(600-3546) Monday - Friday 8:00 a.m. - 12:00 p.m. and 1:00 p.m. 4:00 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. Signs containing the phone numbers with listings for bail bond agents doing business in the Fresno area are posted in booking. D. If the incarcerated person is a custodial parent with responsibility for a minor child, they have the right to two additional telephone calls within the local dialing area, or at their own expense if outside the local area, for the purpose of arranging for the care of the minor child or children in the parent's absence. E. Telephone calls are not intended to be lengthy conversations. If an individual is monopolizing the telephone, an officer may use their judgment in determining the duration or terminating a call. Page 2 of 9 POLICIES AND PROCEDURES TITLE: TELEPHONE ACCESS NO: E-320 FILE: TELEPHONES F. There is no obligation for jail staff to make a telephone call on behalf of an incarcerated person (e.g., if a person is so intoxicated that they cannot make a call.) Jail staff is not required to awaken an intoxicated person so the person may complete a call. An intoxicated person should be provided the opportunity to make the telephone calls once the person awakens. II. TELEPHONE ACCESS IN THE HOUSING UNITS A. Telephones are available in the dayroom areas of all general population and protective custody housing units. Incarcerated persons assigned to those units have access to the dayroom and unlimited telephone use (based upon the phone's availability). B. All persons housed in administrative separation Iockdown units have access to telephones located inside their cells. C. All persons have access to telephone use between the hours of 0800 and 2130 hours each day. Telephone access may be restricted under the following conditions- 1. Beginning at 2130 to facilitate count. 2. When unavailable due to use by another person. 3. For safety and security reasons during certain periods (e.g., searches, emergencies, temporary Iockdowns, evacuations, administrative actions). 4. When temporarily withheld as a disciplinary action. D. All calls made from the housing units are collect calls and are limited to fifteen (15) minutes in length. Exceptions have been made for the following- 1. Calls made to the various reporting hotlines for sexual assaults. These calls are free, confidential, and will not be monitored or recorded. 2. Calls made to the Public Defender's Office, the alternative conflict attorney offices, and the Federal Defender's Office. These calls are free, confidential, and will not be monitored or recorded. Page 3 of 9 POLICIES AND PROCEDURES TITLE: TELEPHONE ACCESS NO: E-320 FILE: TELEPHONES 3. Fresno County Department of Social Services 4. Calls made using (or calling another person with) a Telecommunications Device for the Deaf (TDD). 5. Calls made from the Pre-Release vestibule to arrange for transportation. 6. Other designated organizations, as approved by the Bureau Commander. III. TELEPHONE ACCESS AT MEDICAL FACILITIES Hospitalized individuals are not permitted to make or receive personal telephone calls. Exceptions may be made with the approval of the Watch Commander for inmates who experience hospital stays in excess of thirty (30) days duration or for those having life-threatening or critical injuries or illnesses. IV. TELEPHONE ACCESS AT OFF-SITE MENTAL HEALTH FACILITIES A. Persons admitted to off-site mental health facilities (e.g., Exodus) 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 mental health facility 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 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). Page 4 of 9 POLICIES AND PROCEDURES TITLE: TELEPHONE ACCESS NO: E-320 FILE: TELEPHONES 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 incarcerated person of their telephone privilege, the Watch Commander should contact the facility's Case Manager and discuss the situation. Once the good cause for denial is no longer present, the right must be restored. [Refer to policy D-239/Guarding Incarcerated Persons at Off-Site Mental Health Facilities.] V. TELECOMMUNICATION ACCESS FOR PEOPLE WITH HEARING OR SPEECH IMPAIRMENTS Individuals who have hearing or speech impairments shall be provided access to the appropriate telecommunication device which will facilitate communication. A. A Video Relay Service (VRS) is available for use on a kiosk in their housing unit. VRS is a telecommunications service that allows persons with hearing and/or speech impairments to communicate in American Sign Language with voice telephone users, utilizing an interpreter by way of video equipment, rather than through typed text. 1. The incarcerated person will need to submit a completed Request Form a. The individual submitting the request must explain that they are hearing and/or speech-impaired and would like to use the VRS to make telephone calls. 2. The completed Request Form shall be forwarded to the ADA Coordinator. 3. The ADA coordinator will review and verify the request and grant access to a specific kiosk via the Services Unit, once approved. B. A Telecommunications Device for the Deaf(TDD) machine is available for use by incarcerated people who have a hearing or speech impairment (or to call others who are hearing or speech 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: Page 5 of 9 POLICIES AND PROCEDURES TITLE: TELEPHONE ACCESS NO: E-320 FILE: TELEPHONES 1. The incarcerated person will need to submit a completed Request Form. a. If the individual 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 individual submitting the request is hearing or speech impaired and will be the person utilizing the TDD, that information shall be included on the Request Form. 2. The completed Request Form shall be forwarded to the ADA Coordinator. 3. The ADA coordinator will review and verify the request. Once the request is approved, an Alert will be added to the individual on OffenderTrak. The incarcerated person's use of the TDD machine shall be documented in OffenderTrak. 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). Pending the availability of access to the TDD in the housing unit, the housing security officer will ensure the incarcerated person is able to utilize the TDD system by making arrangements and coordinating with the ADA Coordinator or the Facility Sergeant. VI. SPECIAL TELEPHONE ACCESS A. It is the Jail Division's policy to vacate court orders that grant special or additional privileges to an incarcerated person. Any staff member that receives a court order that grants special telephone access shall notify the on-duty Watch Commander. The order shall not be acted upon except by specific approval of a Jail Division Bureau Commander. [Refer to policy C-340/Ex Parte Court Orders(FILE: EX-PARTE).] Page 6 of 9 POLICIES AND PROCEDURES TITLE: TELEPHONE ACCESS NO: E-320 FILE: TELEPHONES B. If there is a legitimate need for a free telephone call for a specific individual, the Watch Commander may direct that a call be made from a facility telephone at no charge. Calls placed from a facility telephone should be dialed by a staff member. VI I. MONITORING TELECOMMUNICATIONS A. All forms of telecommunications utilized by incarcerated persons are recorded for security reasons and are subject to "live monitoring" on a random basis. B. Conversations between an incarcerated person and attorney, religious advisor, or physician are considered privileged communications and will not be knowingly monitored. 1. To facilitate this restriction, all locally listed Fresno County attorneys, public defenders and district attorney telephone numbers have been blocked from recording. 2. Incarcerated people 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. Incarcerated people who knowingly submit false information will receive a rule violation and be subject to having their telephone and/or phone-blocking privileges revoked. Page 7 of 9 POLICIES AND PROCEDURES TITLE: TELEPHONE ACCESS NO: E-320 FILE: TELEPHONES C. Telephone recordings not retained for security purposes, or for purposes of civil or criminal court action may be destroyed after one hundred (100) days. This destruction shall be approved by the Board of Supervisors and the written consent of County Counsel. 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. Vill. BLOCKING TELEPHONE CALLS A. If a member of the public has received unwanted telephone calls that are originating from inside the Jail, they may request to have their telephone number blocked. 1. 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 Lieutenant must approve the block. 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 Services Lieutenant may, at their discretion, authorize a telephone block to be initiated and completed by a designated staff member. Page 8 of 9 POLICIES AND PROCEDURES TITLE: TELEPHONE ACCESS NO: E-320 FILE: TELEPHONES B. A member of the Services Unit will be instructed by the Services Lieutenant to place the block. Details pertaining to the block may be noted on the block in the Viapath system. C. If it is possible to identify the incarcerated person causing the annoying telephone calls, that information may be noted on the number block in the Viapath system. D. The same criteria and procedures required to place a block shall apply to the removal of a block, except for the approval of the Services Lieutenant. Page 9 of 9