Chapter 2.60 COUNTY JAIL POLICIES AND REGULATIONS

The fee for persons booked into the Adams County Jail is set at twenty dollars effective January 26, 2004, until such time as it may later be modified or rescinded. (Res. R-07-04)

2.60.010 Adopted.

The custodial model care standards set out in this chapter are adopted for Adams County jail holding facilities, effective January 1, 1988. (Res. 115-87 (part))

2.60.020 Physical plant standards.

Standard Ref. 1.10.00

Applicable: All

Holding Facilities. Holding facilities shall be secure. Such facilities shall have adequate lighting, heat, ventilation and fire detection and suppression equipment. Each holding facility cell shall be equipped with a bed, toilet, lavatory and a drinking fountain. A telephone shall be accessible.

(Res. 115-87 (part))

2.60.030 Emergency suspension of standards.

Standard Ref. 2.01.00

Applicable: All

Nothing in these standards shall be construed to deny the power of any director of the department of corrections, chief law enforcement officer or his designee, to temporarily suspend any standard herein prescribed in the event of any emergency which threatens the safety or security of any jail, prisoners, staff or the public. Only such standards as are directly affected by the emergency may be suspended. Provided, that suspension of standards relating to overcrowding is subject to the additional requirements of Section 2.60.080 (Standard 8.01.00)

(Res. 115-87 (part))

2.60.040 Administration.

Standard Ref. 3.01.00

Applicable: All

There shall be written policies and procedures which shall be made available to each authorized person who is responsible for the confinement of a prisoner in the facility.

(Res. 115-87 (part))

2.60.050 Training.

Standard Ref. 4.01.00

Applicable: 30

All authorized persons responsible for the confinement of a prisoner shall receive an orientation to the policies and procedures of the facility relative to their duties. On the job training shall be provided as deemed appropriate by the director of the department of corrections, chief law enforcement officer or his designee.

Standard Ref. 4.02.00

Applicable: 30

All jail staff whose primary responsibility is the supervision of prisoners shall successfully complete the Washington State criminal justice training commission basic correctional academy within six months of their employment unless training has already been received.

(Res. 115-87 (part))

2.60.060 Recordkeeping.

Standard Ref. 5.01.00

Applicable: All

Confidentiality. All holding facility personnel shall be advised of the statutory provisions of confidentiality of jail records under RCW 70.48.100(2).

Standard Ref. 5.02.00

Applicable: All

Individual Prisoner Records. An individual file or record shall be kept for each prisoner.

Standard Ref. 5.02.01

Applicable: All

If formal booking occurs in the facility, the information shall be recorded on a booking form.

Standard Ref. 5.03.00

Applicable: 30 72

Medical. Any prisoner medical information other than that included in the prisoner’s individual file under this section (Standard 5.02.00) shall be maintained separately to the extent necessary to maintain confidentiality.

Standard Ref. 5.03.01

Applicable: All

Any medical problems experienced by a prisoner while in the facility shall be recorded and such records maintained. Information concerning medical problems shall be transmitted at the time the prisoner is transported to another jail, hospital or other facility.

Standard Ref. 5.04.00

Applicable: All

Prisoner Population Accounting. Each holding facility shall keep a jail register as required by RCW 70.48.100.

Standard Ref. 5.05.00

Applicable: All

Infraction and Disciplinary. Written records shall be maintained for all incidents which result in major property damage or bodily harm.

Standard Ref. 5.06.00

Applicable: 30 72

Activity Log. A log of daily activity shall be kept within the facility.

Standard Ref. 5.07.00

Applicable: 30 72

Personnel. Performance and training records should be maintained for each staff member employed by the facility.

(Res. 115-87 (part))

2.60.070 Emergency procedures.

Standard Ref. 6.01.00

Applicable: All

The director of the department of corrections, chief law enforcement officer or his designee, shall establish and maintain written emergency procedures as appropriate for the specific facility.

Standard Ref. 6.01.01

Applicable: All

The emergency plan shall outline the responsibilities of jail facility staff, evacuation procedures and subsequent disposition of the prisoners after removal from the area or facility.

Standard Ref. 6.01.02

Applicable: All

Emergency plans shall always be available to the authorized person in charge of the jail.

Standard Ref. 6.02.00

Applicable: All

All personnel should be trained in the emergency procedures.

(Res. 115-87 (part))

2.60.080 Fire prevention plan.

Standard Ref. 7.01.00

Applicable: All

The director of the department of corrections, chief law enforcement officer or his designee, shall establish and maintain a written fire prevention, suppression and evacuation plan. Such plan shall be developed in consultation with the local fire department having jurisdiction over the facility.

(Res. 115-87 (part))

2.60.090 Overcrowding.

Standard Ref. 8.01.00

Applicable: All

No prisoner shall be required to sleep on a mattress on the floor in excess of seventy-two hours, or directly on the floor for any period of time, unless there are reasonable grounds to believe that such provisions are necessary to prevent the prisoner from damaging property, inflicting bodily harm to himself or others, or substantially compromising the security of the jail.

(Res. 115-87 (part))

2.60.100 Use of force.

Standard Ref. 9.01.00

Applicable: All

The director of the department of corrections, chief law enforcement officer or his designee shall establish and maintain written policies and procedures regarding the use of force and the use of deadly force, which shall be consistent with this section.

Standard Ref. 9.02.00

Applicable: All

Only lawful and reasonable force to the person of a prisoner shall be used.

Standard Ref. 9.03.00

Applicable: All

Deadly force shall not be used on a prisoner unless the person applying the deadly force reasonably believes that the prisoner poses an immediate threat of death or grievous physical injury to an officer or employee of a jail or any other person, or to prevent the escape of a prisoner arrested for a felony, and the officer reasonably believes that other reasonable and available alternatives would be ineffective.

Standard Ref. 9.04.00

Applicable: All

A written report on the use of force or deadly force shall be made. In the case of deadly force a written report shall be made by each staff member involved or observing the use of such deadly force. The report shall be reviewed by the director of the department of corrections, chief law enforcement officer or his designee who shall, if appropriate, investigate the incident further and make a determination whether appropriate, justified or reasonable force was used. The determination shall be made a matter of record.

Standard Ref. 9.05.00

Applicable: All

The “carotid sleeper hold” means any hold or restraint specifically designed to inhibit blood flow through the carotid arteries of the neck without inhibiting breathing by compression of the airway in the neck and without compression of the larynx or trachea. The carotid sleeper hold shall be considered to be deadly force.

Standard Ref. 9.06.00

Applicable: All

The “choke hold” means any hold or restraint specifically designed to inhibit breathing by compression of the airway in the neck. The choke hold shall be considered to be deadly force.

Standard Ref. 9.07.00

Applicable: All

The carotid sleeper hold generally presents less danger of causing serious injury or death than the choke hold and therefor is generally preferred over the choke hold in situations where such holds are permissible.

Standard Ref. 9.08.00

Applicable: All

No neck hold shall be used, except by persons instructed in the dangers of the neck holds, its definition as deadly force, and the proper use and constraints of the carotid sleeper hold, by someone specifically trained in the use and dangers of neck holds. Refresher training shall be provided on at least an annual basis.

Standard Ref. 9.09.00

Applicable: All

Medical attention shall be administered to the prisoner by a qualified medical professional as soon as possible after the use of the carotid sleeper hold or the choke hold.

(Res. 115-87 (part))

2.60.110 Admissions.

Standard Ref. 10.01.00

Applicable: All

Authorized Confinement. No prisoner shall be confined without proper legal authority.

Standard Ref. 10.02.00

Applicable: All

Telephone. Each prisoner, within a reasonable period of time after completion of booking, shall be advised of his right to, and be allowed to complete, at least two local or collect calls to persons of his choice who may be able to come to his assistance. If the prisoner chooses not to place the calls allowed, this information shall be noted on the booking form; provided, that appropriate protection of access to an attorney shall be maintained for prisoners without funds.

Standard Ref. 10.03.00

Applicable: All

Language Problems. Reasonable provisions for communication with non-English speaking, handicapped or illiterate prisoners shall be provided.

Standard Ref. 10.04.00

Applicable: All

Booking Process. The booking process shall be completed promptly unless extenuating circumstances necessitate delay.

Standard Ref. 10.05.00

Applicable: All

Search/Examination—When Allowed. The director of the department of corrections, chief law enforcement officer or his designee shall establish and maintain written policies and procedures regarding pat searches, strip searches and body cavity searches, which shall be consistent with this section.

Standard Ref. 10.05.01

Applicable: All

Each prisoner shall be searched for contraband in a manner consistent with this subsection and written policies and procedures established thereunder, as necessary to protect the safety of prisoners, staff and institutional security.

Standard Ref. 10.05.02

Applicable: All

No strip search shall be conducted except pursuant to the written policies and procedures required by Standard 10.05.00.

Standard Ref. 10.05.03

Applicable: All

No prisoner, other than a person committed to incarceration by order of a court or a person held for postconviction incarceration for a criminal offense, shall be strip searched without a warrant except where reasonable suspicion exists. A prisoner taken into custody pursuant to an arrest warrant or other court order issued before the person was arrested or otherwise taken into custody shall not be considered as committed to incarceration by order of a court for purposes of this section unless the court issuing the warrant has determined that the person shall not be released on personal recognizance, bail or bond. No strip search shall be authorized or conducted unless a thorough pat-down search, a thorough electronic metal detector search and a thorough clothing search, when appropriate, do not satisfy the safety, security or evidentiary concerns of the jail. Physical examinations by licensed medical professionals solely for public health purposes shall not be considered strip searches. A prisoner may be strip searched if:

A. There is reasonable suspicion to believe that a strip search is necessary to discover weapons, criminal evidence, contraband or other things concealed on the body of the person to be searched, that constitutes a threat to the security of the facility;

B. There is probable cause to believe that a strip search is necessary to discover other criminal evidence concealed on the body of the person to be searched, but not constituting a threat to facility security; or

C. There is reasonable suspicion to believe that a strip search is necessary to discover a health condition requiring immediate medical attention.

The determination of whether reasonable suspicion or probable cause exists to conduct a strip search shall be based on consideration of all information and circumstances known to the officer authorizing the strip search, including but not limited to the following factors:

A. The nature of the offense for which the person to be searched was arrested;

B. The prior criminal record of the person to be searched was arrested; and

C. Physically violent behavior of the person to be searched during or after arrest.

Standard Ref. 10.05.04

Applicable: All

Reasonable suspicion shall be deemed to be present when the prisoner has been arrested for:

A. A violent offense as defined in RCW 9.9A.030(17) or any successor statute;

B. An offense involving escape, burglary or the use of a deadly weapon; or

C. An offense involving possession of a drug or a controlled substance under RCW Chapters 69.41, 69.50, 69.52 or any successor statute.

Standard Ref. 10.05.05

Applicable: All

A written record or records of any strip search shall be maintained in the individual file of each person strip searched, which record(s) shall contain the following information:

A. The name and serial number of the officer conducting the strip search and of all others present or observing any part of the strip search;

B. The time, date and place of the strip search; and

C. Any weapons, criminal evidence, other contraband or other thing, or health condition discovered as a result of the strip search.

Where reasonable suspicion is deemed present because of the nature of the arrest offense, the record shall contain the offense(s) for which the person searched was arrested. In other cases where reasonable suspicion or probable cause is found to be present the report shall also contain:

A. The name of the supervisor authorizing the strip search; and

B. The specific facts constituting reasonable suspicion to believe the strip search was necessary.

Standard Ref. 10.06.00

Applicable: All

No body cavity search shall be conducted except pursuant to a valid search warrant. No search warrant for a body cavity search shall be sought without prior authorization of the ranking shift supervisor, pursuant to the written policies and procedures required by this section. Before any body cavity search is authorized or conducted, a thorough pat-down search, a thorough electronic metal-detector search and a thorough clothing search, where appropriate, must be used to search for and seize any evidence of a crime, contraband, fruits of crime, things by means of which a crime has been committed or reasonably appears about to be committed. No body cavity search shall be authorized or conducted unless these other methods do not satisfy the safety, security or evidentiary concerns of the law enforcement agency.

Standard Ref. 10.07.00

Applicable: All

Search Procedures—General. The following provisions shall apply to all strip searches and body cavity searches:

Strip searches and body cavity searches shall be conducted in a professional manner which protects the prisoner’s dignity to the extent possible.

Standard Ref. 10.07.01

Applicable: All

A strip search or body cavity search, as well as presearch undressing or postsearch dressing shall occur at a location made private from the observation of persons not physically conducting the search. A strip search or body cavity search shall be performed or observed only by persons of the same sex as the person being searched, except for licensed medical professionals as required by Standard 10.08.00 of this section, as permitted by Standard 10.08.01 of this section or when necessary to assure the safety of the prisoner or any person conducting the search.

Standard Ref. 10.07.02

Applicable: All

No person may be present or observe during a strip search or body cavity search unless the person is necessary to conduct the search or to ensure the safety of those persons conducting the search except as provided in Standard 10.08.02 of this section.

Standard Ref. 10.07.03

Applicable: All (Advisory)

When a strip search or a body cavity search of a prisoner is conducted, it should include a thorough visual check for birthmarks, wounds, sores, cuts, bruises, scars and injuries; “health tags”; and body vermin. Less complete searches should include the same checks to the extent possible.

Standard Ref. 10.07.04

Applicable: All

Persons conducting a strip search or body cavity search shall not touch the person being searched except as reasonably necessary to effectuate the search of the person.

Standard Ref. 10.08.00

Applicable: All

Body Cavity Searches. The following additional provisions shall apply to body cavity searches:

A body cavity search may be conducted only pursuant to Standard 10.05.06 of this section. Any body cavity search shall be performed under sanitary conditions and conducted by a physician, registered nurse or registered physician’s assistant, licensed to practice in this state, who is trained in the proper medical process and the potential health problems associated with a body cavity search.

Standard Ref. 10.08.01

Applicable: All (Advisory)

When a body cavity search is conducted by a licensed medical professional of the opposite sex, an observer of the same sex as the prisoner should be present.

Standard Ref. 10.08.02

Applicable: All

Nothing in this section prohibits a person upon whom a body cavity search is to be performed from having a readily available person of his or her choosing present at the time the search is conducted. However, the person chosen shall not be a person being held in custody by a law enforcement agency.

Standard Ref. 10.08.03

Applicable: All

The officer requesting the body cavity search shall prepare and sign a report, which shall include:

A. A copy of the warrant and any supporting documents required;

B. The name and sex of all persons conducting or observing the search;

C. The time, date, place and description of the search; and

D. A statement of the results of the search and a list of any items removed from the person as a result of the search.

Standard Ref. 10.08.04

Applicable: All

The report shall be retained as part of the agency’s records.

Standard Ref. 10.09.00

Applicable: All (Advisory)

All physical markings and “health tag” identification should be recorded and made available to the appropriate jail employees and medical professionals responsible for care of prisoners.

Standard Ref. 10.10.00

Applicable: All (Advisory)

Particularly when force has been used during arrest, all visible injuries should be photographed.

Standard Ref. 10.11.00

Applicable: All

Body Vermin. Any person with body vermin shall be treated appropriately.

Standard Ref. 10.12.00

Applicable: All

Communicable Diseases. Prisoners suspected of having a communicable disease detrimental to the health of the other prisoners shall be segregated.

Standard Ref. 10.13.00

Applicable: All

Prisoner Property. At the time of booking, if the prisoner’s personal property is taken from him, the authorized jail staff shall record and store such items, and issue the prisoner a receipt.

Standard Ref. 10.14.00

Applicable: All

Bedding and Personal Care Items. At a reasonable time after completion of booking, each prisoner shall be issued clean bedding, as well as such personal care items as required under Standards 35.04.00 through 35.04.02 of Section 2.60.340.

Standard Ref. 10.15.00

Applicable: 30 (Advisory for 72)

Writing Paper. Upon prisoner request, a reasonable supply of writing material shall be furnished.

(Res. 115-87 (part))

2.60.120 Preclassification procedures.

Standard Ref. 11.01.00

Applicable: All

Prior to classification, reasonable precautions shall be taken to ensure the safety and welfare of prisoners and the security of the institution.

(Res. 115-87 (part))

2.60.130 Classification—Segregation.

Standard Ref. 12.01.00

Applicable: All

Classification Procedures. Written classification procedures shall be included in the policies and procedures.

Standard Ref. 13.02.00

Applicable: All

Classification. The department of corrections, chief law enforcement officer or his designee, shall be responsible for classification in accordance with written procedures.

Standard Ref. 13.03.00

Applicable: 30 72

Classification Training. At least one staff person per shift shall be trained in the facility’s classification procedures and shall be responsible for classification.

Standard Ref. 13.04.00

Applicable: All

Classification Criteria. To the extent possible in the available physical plant, the following classification criteria shall be used. If Standards 13.04.01 through 13.04.05 cannot be enforced, arrangements shall be made to immediately transfer the prisoners involved to another facility which can segregate and supervise them.

Standard Ref. 13.04.01

Applicable: All

The primary criteria for classification shall be safety of the prisoner and the security of the institution.

Standard Ref. 13.04.02

Applicable: All

Juvenile. No juvenile shall be held in a jail without sight and sound separation from adult prisoners. For purposes of this standard, a juvenile is a person under the chronological age of eighteen, who has not been transferred previously to adult courts; provided, that no person under the chronological age of sixteen shall be held in a jail or holding facility for adults; provided further, that this standard does not preclude or prohibit the housing of remanded pretrial prisoners under the chronological age of eighteen within juvenile detention facilities rather than city or county detention facilities. A juvenile shall not be considered “transferred previously to adult court” unless a juvenile court has held a hearing under RCW 13.40.110 or successor statute and ordered the juvenile transferred for adult criminal prosecution. The exercise of jurisdiction by a limited-jurisdiction court in traffic, fish, boating or game offenses or infractions pursuant to RCW 13.04.030(6) (c) or successor statutes does not constitute a “transfer.”

Standard Ref. 13.04.03

Applicable: All

A juvenile shall not be confined in jail or holding facility for adults, except:

1. For a period not exceeding twenty-four hours excluding weekends and holidays and only for the purpose of an initial court appearance in a county where no juvenile detention facility is available, a juvenile may be held in an adult facility provided that the confinement is separate from the sight and sound of adult inmates; or

2. For not more than six hours and pursuant to a lawful detention in the course of an investigation, a juvenile may be held in an adult facility provided that the confinement is separate form the sight and sound of adult inmates.

Standard Ref. 13.04.04

Applicable: All

Females shall be segregated from visual and physical contact with male prisoners except under continual supervision of a staff person.

Standard Ref. 13.04.05

Applicable: All

Special problem prisoners who endanger the health or safety of other prisoners shall be segregated and closely supervised.

Standard Ref. 13.04.06

Applicable: 30 72 (Advisory)

Prisoners on work release and weekend confinement programs, and any other prisoners who have regular contact outside the jail should be segregated from other prisoner categories.

Standard Ref. 13.04.07

Applicable: All

Factors to be considered in classification include, but are not limited to, age, type of crime, pretrial versus post trial status, and offender sophistication.

(Res. 115-87 (part))

2.60.140 Good behavior.

Standard Ref. 14.01.00

Applicable: 30 72 (Advisory)

Release. The director of the department of corrections, the chief law enforcement officer, or his designee, should develop written policies regarding time off for good behavior. Such policies should ensure that good time, when authorized by sentencing courts, is given on a consistent basis, and in accordance with RCW 70.48.210 and 9.92.150.

(Res. 115-87 (part))

2.60.150 Release—Transfer.

Standard Ref. 15.01.00

Applicable: All

Release. The releasing officer shall determine prisoner identity and ascertain that there is a legal authority for the release.

Standard Ref. 15.02.00

Applicable: 30 72

The information required on the release forms shall be recorded for each prisoner released from the facility.

Standard Ref. 15.03.00

Applicable: All

All prisoners being released shall sign a witnessed receipt for personal property returned.

Standard Ref. 15.04.00

Applicable: All

Transfer. In addition to the release procedures designated above, the releasing officer shall determine that the receiving unit or person has the authority to accept custody.

(Res. 115-87 (part))

2.60.160 Prisoner transportation.

Standard Ref. 16.01.00

Applicable: 30 72

When jail facility staff are responsible for prisoner transportation and when the prisoner is still in the custody and under the supervision of the jail, the director of the department of corrections, the chief law enforcement official, or his designee, shall develop and maintain instructions which ensure the safety of the prisoners and staff.

(Res. 115-87 (part))

2.60.170 Staffing.

Standard Ref. 17.01.00

Applicable: All

General Staffing. At all times at least one staff member shall be awake, alert and directly responsible for supervision and surveillance; provided, that this section does not require the presence of such staff when no prisoners are being housed or booked in the facility.

Standard Ref. 17.02.00

Applicable: All

Same Sex Staffing. A jail staff member of the same sex as the prisoner shall be available in a reasonable time for all custodial activities which involve intimate physical contact or activities which are commonly afforded reasonable protection against opposite sex observation or supervision except where the health, safety and security of the individual or the staff member would be jeopardized; provided, that personal observation of prisoners for this or other sections of these standards may be by opposite sex staff so long as opposite sex privacy concerns are given appropriate protection.

Standard Ref. 17.03.00

Applicable: All

Surveillance. There shall be continual sight and/or sound surveillance of all prisoners.

Standard Ref. 17.03.01

Applicable: All

Such surveillance may be by remote means; provided, there is the ability of the staff to respond face-to-face to any prisoner within three minutes; provided, that special problem prisoners are subject to the more stringent personal observation and supervision requirements of other sections.

Standard Ref. 17.04.00

Applicable: All

Each prisoner shall be personally observed by staff at various times. All prisoner checks shall be recorded in writing and retained in the jail records.

Standard Ref. 17.04.01

Applicable: All

In the absence of unusual behavior or other concerns for prisoner security and health, personal observation of prisoners by staff may be reduced to, but should not be less frequent than, at least once within every sixty minute period.

(Res. 115-87 (part))

2.60.180 Supervision of prisoners.

Standard Ref. 18.01.00

Applicable: All

Prisoner Identification. All holding facilities shall establish a means of identifying prisoners.

Standard Ref. 18.02.00

Applicable: All

Perimeter Security. Perimeter security shall be maintained within existing physical plant limitations.

Standard Ref. 18.03.00

Applicable: All

Security Devices. Minimum necessary security devices shall be maintained in proper working condition at all times.

Standard Ref. 18.04.00

Applicable: All

Prisoner Authority. No prisoner shall be permitted to have authority over other prisoners.

Standard Ref. 18.05.00

Applicable: 30 (Advisory for 72)

Prisoner Counts. A system shall be maintained for taking and recording prisoner counts as necessary.

Standard Ref. 18.06.00

Applicable: All

Contraband Control. All holding facilities shall establish and maintain a written procedure regarding searches so prisoners, visitors and the facility to prevent the introduction of contraband. All jails which permit visiting shall post a sign displaying the penalty for the introduction of contraband. (RCW 9A.76.010, 9A.76.140, 9A.76.150, 9A.76.160.)

(Res. 115-87 (part))

2.60.190 Security.

Standard Ref. 19.01.00

Applicable: All

All holding facilities shall establish written procedures to ensure that weapons shall be inaccessible to all prisoners at all times.

Standard Ref. 19.02.00

Applicable: All (Advisory)

Weapons lockers should be located outside of booking and confinement areas.

Standard Ref. 19.03.00

Applicable: All (Advisory)

Whenever possible, keys to weapon lockers should be located outside of booking and confinement areas.

Standard Ref. 19.04.00

Applicable: All

Keys and Locking Devices. Key regulations shall be established by the director of the department of corrections, chief law enforcement officer or his designee.

Standard Ref. 19.04.01

Applicable: All

A control point shall be designated for key cataloging and logging the distribution of keys.

Standard Ref. 19.04.02

Applicable: All

There shall be at least two sets of jail facility keys, one set in use and the other stored securely but easily accessible to staff for use in the event of an emergency.

Standard Ref. 19.04.03

Applicable: All

All keys not in use shall be stored in a secure area inaccessible to prisoners.

Standard Ref. 19.04.04

Applicable: All

Emergency keys shall be marked and placed where they may be quickly identified in case of an emergency.

Standard Ref. 19.04.05

Applicable: All

Keys shall be accounted for at all times.

Standard Ref. 19.04.06

Applicable: All

Jail facility keys shall never be issued to a prisoner.

Standard Ref. 19.04.07

Applicable: All

If electronic devices are used in place of keys, there shall be key or other manual override capabilities available for immediate use in case of an emergency and/or failure of the system.

Standard Ref. 19.05.00

Applicable: All

The director of the department of corrections, the chief law enforcement officer or his designee shall establish and maintain written procedures regarding storage of protective equipment and dangerous kitchen utensils, if applicable.

(Res. 115-87 (part))

2.60.200 Prisoners’ rights.

Standard Ref. 20.01.00

Applicable: (Advisory for 30 day, 72 hour)

(6 hour—See Section 2.60.120)

Each holding facility should establish a written statement of prisoner rights, to be reviewed at the time of orientation, which should include, but not be limited to, access to courts, confidential access to attorneys and/or legal assistance, protection from abuse and corporal punishment, freedom from discrimination based on race or sex, access to information on facility rules and regulations and sanctions, communication such as telephone calls, and access to necessary medical care.

(Res. 115-87 (part))

2.60.210 Prisoner rules of conduct.

Standard Ref. 21.01.00

Applicable: 30 72

Rules Established. The director of the department of corrections, chief law enforcement officer or his designee shall establish uniform rules and disciplinary sanctions to guide the conduct of all prisoners which rules shall designate major and minor infractions.

Standard Ref. 21.01.01

Applicable: 6

Appropriate rules relating to the imposition of discipline, if any, shall be established in writing.

Standard Ref. 21.02.00

Applicable: 30 72

Prisoners Informed. Printed rules and possible disciplinary sanctions shall be given to each prisoner and/or posted conspicuously within the jail or conveyed orally to each prisoner. Reasonable efforts shall be made to inform non-English speaking prisoners.

Standard Ref. 21.02.01

Applicable: 6

Prisoners shall be informed of facility rules and sanctions, if they are established.

Standard Ref. 21.03.00

Applicable: All

Major Infractions. If major infractions are handled within the facility, rather than as criminal proceedings, all major infractions of the rules shall be reported in writing to the supervisor prior to shift change by the staff member observing or discovering the act. Such reports shall become a part of the prisoner’s jail record.

Standard Ref. 21.03.01

Applicable: 30

Disciplinary Committee. The director of the department of corrections, the chief law enforcement officer or such person’s designee or designees shall hear and decide all charges of major violation of facility rules and impose sanctions.

Standard Ref. 21.03.02

Applicable: 30 (Advisory)

It is recommended, but not required, that there be a committee of two or more staff to perform the function of disciplinary committee.

Standard Ref. 21.03.03

Applicable: 30

Any facility staff member involved in a charge shall not be allowed to participate as a hearing officer with respect to that charge.

Standard Ref. 21.04.00

Applicable: 30

Disciplinary Procedures. Any charge pending against a prisoner shall be acted on as soon as possible and no later than seventy-two hours (exclusive of Saturdays, Sundays and holidays) after observation or discovery of the infraction. Action in this context means either a disciplinary hearing or a decision not to impose any sanction requiring a hearing.

Standard Ref. 21.04.01

Applicable: 30

At least twenty-four hours prior to hearing, the prisoner shall receive a copy of the written infraction report made in conformance with Standard 21.03.00. If the prisoner is illiterate, the infraction report shall be read to him.

Standard Ref. 21.04.02

Applicable: 30

The prisoner alleged to have committed a major infraction shall have, and be promptly advised of, the following rights:

1. The prisoner shall have the right to be present at all stages of the hearing, except during decisional deliberations;

2. The prisoner shall be allowed to appear on his own behalf, to present witnesses, and to present documentary evidence unless the exercise of such rights would be unduly hazardous to institutional safety or correctional goals, in which case the prisoner shall be given a written statement of the reasons for such judgments and the prisoner’s record shall contain a statement with regard to such grounds;

3. A prisoner who is unable to represent himself in such a hearing shall be informed of his right to be assisted by another person in understanding and participating in the proceedings;

4. The prisoner shall be advised of the decision in a written notice giving the reasons for the disciplinary action, if any, and evidence relied on; and

5. The prisoner shall be permitted to appeal the disciplinary hearing decision to the director of the department of corrections, the chief law enforcement officer or his designee in accordance with appeal procedures established by each facility and included in the printed procedures established by each facility and included in the printed rules;

a. All disciplinary proceedings shall be recorded,

b. There shall be a finding of guilt based on the preponderance of evidence before imposition of a sanction.

Standard Ref. 21.05.00

Applicable: All

Minor Infractions. Minor infractions may be handled by any staff person by reprimand, warning or minor sanctions as defined by local rules. Such incidents may become part of the prisoner’s record only with the approval of the supervisor and verbal notification to the prisoner.

(Res. 115-87 (part))

2.60.220 Prisoner discipline.

Standard Ref. 22.01.00

Applicable: All

Corrective Action or Forms of Discipline. When punitive measures are imposed, such measures shall be in accordance with law, and recommended sanctions, and appropriate to the severity of the infraction.

Standard Ref. 22.02.00

Applicable: All

Acceptable forms of discipline shall include but not be limited to the following:

1. Loss of privileges;

2. Removal from work detail or other assignment;

3. Recommendation of forfeiture of “good time” credit;

4. Transfer to the maximum security or segregation section.

Standard Ref. 22.03.00

Applicable: All

Limitations on Punishment.

1. No prisoner or group of prisoners shall be given authority to administer punishment to any other prisoner or group of prisoners.

2. Deprivation of regular feeding, clothing, bed, bedding or normal hygiene implements and facilities shall not be used as a disciplinary sanction.

3. Correspondence privileges shall not be denied or restricted, except in cases where the prisoner has violated correspondence regulations. In no case shall the correspondence privilege with any member of the bar, holder of public office, the courts and the department of corrections or chief law enforcement officer be suspended.

4. Restrictions on Visitation.

a. Visitation privileges should not be denied or restricted as a sanction for infractions of rules of the institution unrelated to visitation. (Advisory)

b. Under no circumstances shall attorney-client visits be restricted.

5. No prisoner shall be held in disciplinary segregation for more than five consecutive days without review by the disciplinary hearing body or chief law enforcement officer or his designee, and in no event shall a prisoner be held in disciplinary segregation for more than ten consecutive days as the result of only one hearing.

6. Corporal punishment and physical restraint (e.g., handcuffs, leather restraints, straitjacket) shall not be used as sanctions.

(Res. 115-87 (part))

2.60.230 Grievance procedures.

Standard Ref. 24.01.00

Applicable: 30 72 (Advisory)

The director of the department of corrections, chief law enforcement officer or his designee for each jail should develop and maintain procedures for the collection of prisoner grievances. Such procedures should provide for persons to whom grievances are to be directed, for timely review of grievances, and for notification of action taken regarding the grievance.

(Res. 115-87 (part))

2.60.240 Medical services.

Standard Ref. 25.01.00

Applicable: All

There shall be on file, in the jail, a written procedure which provides that necessary medical services will be provided twenty-four hours a day by one or more of the following:

1. A licensed physician;

2. A health care professional supervised by a licensed physician;

3. A hospital or clinic.

Standard Ref. 25.02.00

Applicable: All

Security. All providers of medical services in holding facilities shall observe the security regulations which apply to jail personnel.

Standard Ref. 25.03.00

Applicable: All

Licensing and Certifications. Medical services shall be provided only by licensed or certified health care providers.

(Res. 115-87 (part))

2.60.250 Health care—Policies.

Standard Ref. 26.01.00

Applicable: All

Written standard operating procedures shall consist of but not be limited to the following:

1. Receiving screening;

2. Nonemergency medical services;

3. Deciding the emergency nature of illness or injury;

4. First aid;

5. Notification of next of kin or legal guardian in case of serious illness, injury or death;

6. Screening, referral and care of mentally ill and retarded inmates, and prisoners under the influence of alcohol and other drugs;

7. Detoxification procedures; and

8. Pharmaceuticals.

(Res. 115-87 (part))

2.60.260 Health care—Screening.

Standard Ref. 27.01.00

Applicable: All

Receiving screening shall be performed on all prisoners upon admission to the facility, and the findings recorded on a printed screening form.

Standard Ref. 27.01.01

Applicable: All

If the results of receiving screening indicate a medical problem that may be detrimental to the health or safety of the prisoner, but is of a nonemergency nature, then the prisoner shall be seen within a reasonable time by a physician or nurse to determine the need for further diagnosis or treatment.

(Res. 115-87 (part))

2.60.270 Health care—Access.

Standard Ref. 28.01.00

Applicable: 30 72 (Advisory for 6 hour)

Written procedures for gaining access to medical services shall be given to each prisoner at the time of admission and/or posted conspicuously in the jail.

Standard Ref. 28.02.00

Applicable: All

Prisoner complaints of injury or illness, or staff observations of such shall be acted upon by staff as soon as reasonably possible. Prisoners shall be provided with medical diagnosis or treatment as necessary.

Standard Ref. 28.03.00

Applicable: 30 72 (Advisory)

Work release prisoners should be allowed to see their own physician.

Standard Ref. 28.04.00

Applicable: All

Emergency Care. Standard first aid kits shall be conveniently available to all jails.

Standard Ref. 28.05.00

Applicable: All

Emergency medical and dental care shall be available on a twenty-four hour basis in accordance with a written plan which includes:

1. Arrangements for the emergency evacuation of the prisoner from the jail;

2. Arrangements for the use of an emergency medical vehicle;

3. Arrangements for the use of one or more designated hospital emergency rooms or other appropriate health facilities;

4. Arrangements for emergency on-call physician and dentist services when an emergency health facility is not located in a nearby community;

5. Arrangements for emergency mental illness care for prisoners.

(Res. 115-87 (part))

2.60.280 Health care—Staff training.

Standard Ref. 29.01.00

Applicable: All

Jail personnel shall be trained in standard first aid equivalent to that defined by the American Red Cross and usual emergency care procedures prior to employment or during the probationary period. Written standard operating procedures and training of staff shall include but not be limited to:

1. Awareness of potential medical emergency situations;

2. Notification or observation-determination that a medical emergency is in progress;

3. First aid and resuscitation;

4. Call for help; and

5. Transfer to appropriate medical provider.

Standard Ref. 29.02.00

Applicable: All

At least one person per shift shall have training in receiving screening.

Standard Ref. 29.03.00

Applicable: All

At least one person available per shift shall have training in basic life support cardiopulmonary resuscitation (CPR).

Standard Ref. 29.04.00

Applicable: All

All persons delivering medication shall be properly trained.

(Res. 115-87 (part))

2.60.290 Medication control.

Standard Ref. 30.02.00

Applicable: All

The standard operating procedures for medication dispensing and administration shall include, but not be limited to, policies regarding:

1. Nonmedical jail personnel delivering medication(s) to prisoners;

2. Disposition of medication(s) brought in by prisoners at the time of admission to the facility;

3. The medications system, which shall ensure that all medications shall be kept in containers which have been labeled securely and legibly by a pharmacist or prescribing physician, or in their original container labeled by the manufacturer. Medications shall not be transferred from the original container except for the preparation of a dose administration;

4. Safeguards with regard to delivery of medications to prisoners; and

5. Disposition of unused medication(s).

Standard Ref. 30.03.00

Applicable: 30 72

The standard operating procedures shall include a policy regarding the maximum security storage and weekly inventory of all controlled substances, nonprescription medication(s) and any syringes, needles and surgical instruments.

Standard Ref. 30.04.00

Applicable: 30 72

The person delivering medication shall be accountable for following the order of the prescribing physician.

(Res. 115-87 (part))

2.60.300 Health care—Recordkeeping.

Standard Ref. 31.01.00

Applicable: 30 72

Prisoner File Maintenance. Prisoner medical files shall contain the complete receiving screening form, all findings, diagnoses, treatments, dispositions, prescriptions and administration of medications, notes concerning patient education, notations of place, date and time of medical encounters and terminations of treatment from long term or serious medical or psychiatric treatment, if applicable.

Standard Ref. 31.02.00

Applicable: 72 6

A record of the date, time, place and name of the health care provider shall be retained on file at the jail if any health care services are provided to prisoners.

Standard Ref. 31.03.00

Applicable: All

Prisoner File Confidentiality. Medical records shall be maintained separately from other jail records to the extent necessary to protect their confidentiality.

Standard Ref. 31.03.01

Applicable: All

Medical records shall not be released to other persons or agencies without the written authorization of the prisoner.

Standard Ref. 31.04.00

Applicable: 30 72

The responsible physician or medical care provider shall communicate information obtained in the course of the medical screening and care to jail authorities when necessary for the protections of the welfare of the prisoner or other prisoners, management of the jail, or maintenance of jail security and order.

Standard Ref. 31.05.00

Applicable: All

Information regarding known serious health problems shall be communicated to any transferring officer or receiving jail or correctional institution at the time of transfer.

Standard Ref. 31.06.00

Applicable: All

The person delivering medications shall record the actual date and time of the delivery.

(Res. 115-87 (part))

2.60.310 Special medical issues.

Standard Ref. 32.01.00

Applicable: All

Informed Consent. All examinations, treatments and procedures affected by informed consent standards in the community shall likewise be observed for prisoner care.

Standard Ref. 32.02.00

Applicable: All

Special Medical. Jail staff suspecting prisoner mental illness shall notify the appropriate mental health authorities.

Standard Ref. 32.02.01

Applicable: 30 72

Appropriate medically supervised treatment in accordance with written procedures established under Standard 26.01.00 shall be given in the jail to prisoners determined to be mentally ill or under the influence of alcohol, opiates, barbiturates and similar drugs when such care is not provided in a community health facility.

(Res. 115-87 (part))

2.60.320 Access to facilities.

Standard Ref. 33.01.00

Applicable: 30

Regular bathing (shower) shall be permitted at least twice each week.

Standard Ref. 33.02.00

Applicable: All

Each prisoner shall have access to toilet, sink, drinking water and adequate heat and ventilation.

(Res. 115-87 (part))

2.60.330 Food services.

Standard Ref. 34.01.00

Applicable: 30 72

Meal Service. At least three meals a day shall be served at regular intervals. The morning meal shall be served within fourteen hours of the previous day’s evening meal.

Standard Ref. 34.03.00

Applicable: 30 72 (Advisory for | )

Jail menus shall be reviewed by the local county health department, the county extension service or other qualified nutrition consultant to ensure that diets approximate the dietary allowances specified.

Standard Ref. 34.04.00

Applicable: All

Medically ordered diets shall be strictly observed.

(Res. 115-87 (part))

2.60.340 Personal care items—Standards.

Standard Ref. 35.01.00

Applicable: 30 72

Clothing. Provisions shall be made for separate insect proof clothing storage to prevent migration of lice from infested clothing.

Standard Ref. 35.02.00

Applicable: 30 72

Each jail shall ensure that prisoner’s outer garments are laundered and made available to them at least once a week, and that prisoners undergarments and socks are laundered and made available to them at least twice a week.

Standard Ref. 35.03.00

Applicable: All

Bedding. Prisoners shall be issued clean bedding within a reasonable time. Bedding shall include, but not be limited to:

1. A mattress which shall have a washable surface which shall be sanitized at least semiannually or more often if needed;

2. A mattress cover or sheet which shall be washed weekly or more often as needed, and always before reissue;

3. A blanket which shall be washed at frequent intervals to maintain a clean condition, and always before reissue.

Standard Ref. 35.04.00

Applicable: 30 72

Personal Care Items. Personal care items issued to each prisoner held in excess of six hours shall include, but not be limited to, soap and towel. Female prisoners shall be supplied with necessary feminine hygiene items.

Standard Ref. 35.04.01

Applicable: 30 72

Toothpaste, toothbrush and comb shall be provided for all prisoners held in excess of twelve hours. Such items shall be available for purchase or shall be issued as needed; provided, that indigent prisoners shall have access to these minimum items without cost.

Standard Ref. 35.04.02

Applicable: 30 72 (Advisory)

Each prisoner should be permitted to have a reasonable number of additional personal items, the possession of which does not substantially impede jail management or security.

(Res. 115-87 (part))

2.60.350 Sanitation—Generally.

Standard Ref. 36.01.00

Applicable: All

General Sanitation. All jails shall be kept in a clean and sanitary condition, free from any accumulation of dirt, filth, rubbish, garbage or other matter detrimental to health.

Standard Ref. 36.01.01

Applicable: 30 (Advisory for 72 6)

When the facility is occupied, the housekeeping program shall include a daily general sanitation inspection and daily removal of trash and garbage.

Standard Ref. 36.01.02

Applicable: All

Each prisoner shall clean his own living area daily.

Standard Ref. 36.02.00

Applicable: All

Insects and Rodents. Insects and rodents shall be eliminated by safe and effective means.

Standard Ref. 36.02.01

Applicable: All

Pets shall not be allowed in jail facilities.

Standard Ref. 36.03.00

Applicable: 30 72

Laundry. Each jail shall arrange for adequate laundry services.

(Res. 115-87 (part))

2.60.360 Commissary—Counseling services—Work programs.

Standard Ref. 37.01.00

Applicable: 30

Commissary. The director of the department of corrections, chief law enforcement officer or his designee of each holding facility shall either establish, maintain and operate a commissary, or provide prisoners with a list of approved items to be purchased at cost at least once a week at local stores.

Standard Ref. 37.01.02

Applicable: 72 (Advisory)

The director of the department of corrections, chief law enforcement officer or his designee may provide prisoners with a list of approved items to be purchased at cost.

Standard Ref. 37.01.03

Applicable: 30 (Advisory)

Commissary items shall include books, periodicals and newspapers.

Standard Ref. 37.01.04

Applicable: 30

If jail rules do not permit prisoners to keep money on their persons, payments for commissary purchases shall be made by debit on a cash account maintained for the prisoner. All expenditures from a prisoner’s account shall be accurately recorded and receipted.

Standard Ref. 37.02.00

Applicable: 30

Basic Hair Care. Reasonable arrangements should be made to provide basic hair care.

Standard Ref. 37.03.00

Applicable: 30 72

Reading Materials. Each jail should provide reading materials.

Standard Ref. 37.04.00

Applicable: 30

Legal Assistance. When adequate professional legal assistance is not available to prisoners for purposes of preparing and filing legal papers, a jail shall provide access to necessary law books and reference materials.

Standard Ref. 37.04.01

Applicable: 30

Facility rules shall not prohibit one prisoner from assisting another in the preparation of legal papers.

Standard Ref. 37.05.00

Applicable: 30 (Advisory for 72 hour)

Religious Services. Upon reasonable request from a prisoner, the jail facility staff shall arrange for confidential religious consultation.

Standard Ref. 37.05.01

Applicable: 30 (Advisory)

Holding facilities with an average daily population of twenty-five or more should arrange for weekly religious services.

Standard Ref. 37.05.02

Applicable: 30 (Advisory)

Prisoners should be permitted to observe religious holidays and receive sacraments of their faith.

Standard Ref. 37.05.03

Applicable: 30

Attendance at religious services shall be voluntary.

Standard Ref. 37.06.00

Applicable: 30 72 (Advisory)

Counseling, Guidance and Ancillary Services. Counseling services should be available to provide prisoners in holding facilities with an opportunity to discuss their problems.

Standard Ref. 37.06.01

Applicable: 30 72 (Advisory)

The director of the department of corrections, chief law enforcement officer or his designee may utilize volunteer counseling resources available in the community; provided, that the security of the facility is not jeopardized.

Standard Ref. 37.06.02

Applicable: All

Prisoners are not required to receive counseling services unless ordered by the appropriate court or the disciplinary review body.

Standard Ref. 37.07.00

Applicable: 30 72 (Advisory)

Exercise. Each prisoner should be allowed an opportunity for physical exercise.

Standard Ref. 37.08.00

Applicable: 30 (Advisory)

Work Programs. The department of corrections or chief law enforcement officer may establish work programs.

Standard Ref. 37.08.01

Applicable: All

Participation in work programs by pretrial detainees shall be voluntary.

Standard Ref. 37.09.00

Applicable: All

Education or Training Programs. The director of the department of corrections, the chief law enforcement officer or his designee may allow the prisoner to contact or be contacted by community representatives of education or training programs.

Standard Ref. 37.10.00

Applicable: 30 (Advisory)

Leisure Time Activity Programs. Holding facilities should provide opportunities for all prisoners to participate in leisure time activities.

(Res. 115-87 (part))

2.60.370 Telephone privileges.

Standard Ref. 38.01.00

Applicable: 30 (Advisory for 72 & 6)

Telephone Usage. The governing unit shall establish and post rules which specify regular telephone usage times and the maximum length of calls (not to be less than five minutes).

Standard Ref. 38.02.00

Applicable: All

Telephone usage hours shall include time during the normal work day and time during the evening, at least once a week per prisoner; provided, that established social telephone usage shall not preclude reasonable access to a telephone to contact the prisoner’s attorney or legal representative.

Standard Ref. 38.03.00

Applicable: All

Long distance calls shall be at the prisoner’s expense or collect; provided, that appropriate protection of access to an attorney shall be maintained for prisoners without funds.

Standard Ref. 38.04.00

Applicable: All

Location of telephone facilities shall ensure reasonable privacy, and telephone conversations shall not be monitored, tape recorded or spot-checked except by court order.

Standard Ref. 38.05.00

Applicable: All

Reasons for calls shall be the personal concern of the prisoner, except in consideration of requests for emergency calls beyond normal telephone hours.

(Res. 115-87 (part))

2.60.380 Mail privileges.

Standard Ref. 39.01.00

Introduction. It is assumed that mail will usually not be sent or received in 72 or 6 hour holding facilities, but facilities which do handle mail must comply with the applicable provision in this section.

Standard Ref. 39.02.00

Applicable: 30

Newspapers, Books, Periodical or Other Printed Materials, and Photographs. Prisoners shall generally be permitted to receive books, newspapers, periodicals and other printed materials or photographs which may lawfully be delivered through the United States mails. Such materials shall be denied a prisoner only if such denial furthers a substantial governmental interest in jail security or the welfare of prisoners or staff.

Standard Ref. 39.02.01

Applicable: 30

If such materials are withheld from a prisoner:

1. The prisoner shall receive written notice that the publication is being denied, accompanied by an explanation of the reason(s) for the denial;

2. The affected prisoner shall be promptly informed of his right to have such decision reviewed by the disciplinary hearing body, the director of the department of corrections, the chief law enforcement officer or his designee officer upon written request;

3. A written decision of the review of the denial, including reason(s), shall be given to the prisoner requesting review.

Standard Ref. 39.03.00

Applicable: 30

General Correspondence. Incoming or outgoing mail shall be retained no more than one business day.

1. Except in the case of prisoners without funds, prisoners shall be permitted to mail out any number of letters including letters to attorneys, the courts, and elected federal, state, county and city officials. Prisoners without funds shall be permitted to mail up to three letters per calendar week at public expense; provided, that no limit may be set on the number of letters which may be sent to the prisoner’s attorney or to the courts.

2. No restrictions shall be placed on the number of letters a prisoner may receive or on the persons with whom he may correspond, except by order of a court of competent jurisdiction, or as provided under subdivision 3 of this subsection.

3. These rules shall not preclude a prisoner being required to place his name and return post office address on outgoing mail.

Standard Ref. 39.04.00

Applicable: 30

Opening or Censoring Mail. No general restriction on the number of letters prisoners may receive or of classes of persons with whom they may correspond shall be made by facility rule or policy.

Standard Ref. 39.04.01

Applicable: 30

Incoming mail shall not be censored, but may be opened and inspected for contraband, cash and checks may be perused for content when the responsible staff person designated by the director of the department of corrections, chief law enforcement officer or his designee has reasonable grounds to believe that the content of a letter may present a clear and present danger to institutional security, or violates state or federal law. Whenever mail is not delivered by the jail staff directly to the prisoner to whom it is addressed, it shall be resealed.

Standard Ref. 39.04.02

Applicable: 30

Except by order of a court of competent jurisdiction, outgoing mail shall not be opened unless the responsible staff person designated by the director of the department of corrections, chief law enforcement officer or his designee has reasonable grounds to believe that the content of a letter may present a clear and present danger to institutional security, or violates state or federal law.

Standard Ref. 39.05.00

Applicable: 30

Notice of Disapproval of Prisoner Mail. If a prisoner is prohibited from sending a letter, the letter and a written and signed notice stating the reason for disapproval, and indicating the portion(s) of the letter causing disapproval, shall be given the prisoner.

Standard Ref. 39.05.01

Applicable: 30

When a prisoner is prohibited from receiving a letter, the letter and a written signed notice stating the reason(s) for denial and indicating the portion(s) of the letter causing the denial shall be given the sender. The prisoner shall be given notice in writing that the letter has been prohibited, indicating the reason(s) and the sender’s name.

Standard Ref. 39.05.02

Applicable: 30

When a prisoner is prohibited from sending or receiving mail, the affected prisoner is entitled to have such decision reviewed by the disciplinary hearing body, the director of the department of corrections, the chief law enforcement officer or his designee upon written request and shall be promptly informed of this right.

Standard Ref. 39.05.03

Applicable: 30

A written decision of the review of such denial of mail shall be promptly delivered to the prisoner.

Standard Ref. 39.06.00

Applicable: 30

Limitations. Incoming mail of post conviction prisoners that is clearly marked as coming from an attorney, court or elected federal, state county or city official shall be opened only in the presence of the addressee.

Standard Ref. 39.06.01

Applicable: 30

Mail to or from attorneys, courts or elected federal, state, county or city officials shall not be read.

Standard Ref. 39.06.02

Applicable: 30

There shall be no additional restrictions on prisoner correspondence for disciplinary or punishment purposes, unless the prisoner has violated rules as to correspondence. Upon proper showing of the alleged violation, the prisoner’s mail may be restricted for a limited time, but such restriction shall not apply to attorney-client mail or correspondence with the courts.

Standard Ref. 39.07.00

Applicable: 30

Packages. If a facility allows prisoners to send or receive packages:

1. All packages shall be opened and inspected;

2. Packages may be received only if the contents conform to rules adopted by the director of the department of corrections, chief law enforcement officer or his designee and a witnessed receipt for permissible items shall be promptly delivered to the prisoner, unless such package is opened in the presence of the prisoner and all items are given directly to him;

3. Outgoing packages of prisoner’s personal property shall be inspected to ensure ownership and compliance with United States postal regulations.

Standard Ref. 39.08.00

Applicable: 30

Contraband. Items which are not permitted by jail rules may be destroyed upon the prisoner’s written request, placed in the prisoner’s personal property box, or returned collect to the sender.

Standard Ref. 39.08.01

Applicable: 30

Permissible items received in the mail, including money or checks, shall be recorded by a staff member and notification thereof given to the prisoner.

Standard Ref. 39.09.00

Applicable: 30

Contraband, as defined in RCW 9A.76.010, shall be turned over to the proper authorities, for handling as evidence, for disciplinary action or possible prosecution under RCW 9A.76.140, 9A.76.150 or 9A.76.169, or other applicable statutes.

(Res. 115-87 (part))

2.60.390 Visitation privileges.

Standard Ref. 40.01.00

Applicable: 30

Security. Open visitation shall be provided for those prisoners determined to present a minimal degree of risk to the safety and security of the institution.

Standard Ref. 40.01.01

Applicable: 30 72

The degree of security required for each prisoner during visitation shall be determined by the person or persons responsible for classification under Standards 13.04.02 through 13.04.08.

Standard Ref. 40.02.00

Applicable: 30 (Advisory for 72 hour)

Social Visits. The director of the department of corrections, chief law enforcement officer or his designee shall establish and post rules which permit reasonable opportunities for social visits for each prisoner and specifying times therefor.

Standard Ref. 40.03.00

Applicable: All

Business and Professional Visits. Each prisoner shall be allowed confidential visits from his attorney or legal assistants and his pastor at reasonable hours.

Standard Ref. 40.03.01

Applicable: 30 72 (Advisory)

The director of the department of corrections, chief law enforcement officer or his designee should allow confidential visits from business, educational and law enforcement professionals.

Standard Ref. 40.04.00

Applicable: All

Visitor Regulations. Signs giving notice that all visitors and their accompanying possessions are subject to search shall be conspicuously posted.

Standard Ref. 40.04.01

Applicable: All

Any person may refuse a search but, subsequent to such refusal, may then be denied entrance.

Standard Ref. 40.04.02

Applicable: All

Other reasons for denying entrance to visitors shall include, but not be limited to:

1. An attempt, or reasonable suspicion of an attempt, to bring contraband into the facility;

2. Obvious influence or effect of alcohol or controlled substances;

3. Request from the prisoner’s physician;

4. Request from the prisoner;

5. Reasonable grounds to believe a particular visit would present a substantial danger to jail security, or management, or to the welfare of prisoners, staff or other visitors.

Standard Ref. 40.05.00

Applicable: All

If a visitor is refused admittance during regular visiting hours:

1. The prisoner shall receive notice of the refusal stating the reasons therefor;

2. The affected prisoner is entitled to have such decision reviewed by the disciplinary hearing body, the director of the department of corrections, the chief law enforcement officer or his designee upon written request and shall be promptly informed of this right.

(Res. 115-87 (part))

2.60.400 Trustees—Duration of commitment.

Standard Ref. RCW 70.48.020(1)

Normally, the duration of detention of any prisoner in the county jail shall not exceed thirty days. An exception, however, is created for a person who has been sentenced for a period exceeding thirty days, but who has been classified as a trustee by the sheriff or his designee for the purpose of performing those duties designated by the jailer at the county jail. In order to exceed the thirty day maximum, however, the prisoner must sign a written agreement indicating his desire to serve as a trustee and remain in the county jail for a period exceeding thirty days.

(Res. 115-87 (part))