Chapter 7.38 COUNTY JAIL RULES AND REGULATIONS

Chapter 7.38
COUNTY JAIL RULES AND REGULATIONS

Sections:

7.38.010 Statement of resident’s rights.

7.38.020 Operation regulations and procedures.

7.38.030 General infractions—Designated.

7.38.040 Serious infractions—Designated.

7.38.050 Discipline—Methods described.

7.38.060 Discipline—Limitations.

7.38.070 General infractions—Disciplinary procedures.

7.38.080 Serious infractions—Disciplinary procedures.

7.38.090 Mail.

7.38.100 Telephone restrictions.

7.38.110 Visitation rights and restrictions.

7.38.120 Recreation and exercise.

7.38.130 Enforcement—Sheriff’s authority—Jail security.

7.38.010 Statement of resident’s rights.

(1) All persons who reside or are employed in this institution have the right to expect that as human beings they will be treated respectfully, impartially and fairly by all.

(2) You have the right to be informed of the rules, regulations, procedures and schedules involved in the operation of this institution.

(3) You have the right to freedom of religious affiliation and voluntary religious worship, as can reasonably be expected under the circumstances.

(4) You have the right to reasonable health care, which includes reasonably nutritious meals, reasonably proper bedding and clothing, and a laundry for cleanliness of the same, and an opportunity to shower or bathe in accordance with the available facilities.

(5) You have the right to visit and correspond with family members and friends, and correspond with members of the news media and state officials, consistent with procedures and regulations set forth herein.

(6) You have the right to reasonable and confidential access to the courts by correspondence and litigation (on matters including but not limited to the legality of your conviction, your pending criminal cases, and to conditions of your imprisonment).

(7) You have the right to legal counsel from an attorney by interviews at reasonable times and by correspondence.

(8) You have the right to reading material for educational purposes and for your own enjoyment. These materials may include pertinent magazines and newspapers.

(9) Persons in control of custodial facilities for residents are responsible for maintaining reasonably humane conditions and making use of all available resources to prevent inhumane treatment of residents by other prisoners, employees, or any other persons, and to reasonably protect against suicide or other self-destructive acts.

(10) The staff shall use all reasonable methods to protect against theft or destruction of personal property of residents.

(11) The following acts or activities are hereby prohibited:

(a) Striking, whipping, or otherwise imposing physical pain upon a resident as a measure of punishment;

(b) Any use of physical force except that which may be necessary for self-defense, to prevent or stop assault by a resident upon himself or another person, and for the prevention of riot or escape;

(d) Any punitive measure in retaliation for the proper and reasonable assertion of rights;

(e) Any measure intended to degrade any person.

(12) You have the right to be free of any discriminatory treatment based upon your race, religion, nationality or political beliefs. (§ 1 of Res. 78-98, September 12, 1978 at Vol. F page 121).

7.38.020 Operation regulations and procedures.

(a) At seven a.m., residents will be awakened. Jail staff will check cell block—take roll—serve breakfast. Three meals will be served daily beginning with breakfast, a mid-day meal and dinner by five p.m.

(b) The jail cells must be kept neat and clean by the residents at all times, and no pictures or other material will be posted in the cells or cell blocks with the exception of official material that will be posted by the jail staff.

(d) Outgoing mail will be limited to three letters per week, unless prestamped.

(e) Quantity of reading material in the cell blocks shall be limited at the discretion of the jail supervisor.

(f) Visiting day will be on Tuesday of each week.

(g) All personal requests shall be submitted in writing to a member of the jail staff.

(h) All tobacco and food will be provided through the jail kitchen or jail commissary.

(i) Commissary requests will be picked up each Wednesday morning.

(j) Clothing, bedding and towels will be changed no less than once a week.

(k) Each cell block will be regularly inspected by jail staff. (§ 2 of Res. 78-98, September 12, 1978 at Vol. F page 121).

7.38.030 General infractions—Designated.

Any of the following types of behavior shall constitute a general infraction:

(1) Fighting with any person (except in self-defense);

(2) Threatening another with bodily harm or with any offense against his person or property;

(3) Possession of money or currency, unless authorized;

(4) Loaning of property for profit;

(5) Possession of anything not authorized for retention or receipt by a resident and not issued to him by regular institutional channels;

(6) Maliciously mutilating or altering clothing and/or other property issued by the county;

(7) Refusing to obey a lawful order of any staff member;

(8) Failing to perform work as instructed by a supervisor, when capable of so doing;

(9) Lying to a staff member;

(10) Being present in an unauthorized area (when notice given);

(11) Intentional failure to follow published safety or sanitary regulations;

(12) Smoking where prohibited;

(13) Gambling;

(14) Failure to keep one’s person and one’s quarters in accordance with posted standards, rules or regulations;

(15) Correspondence or conduct with a visitor in violation of posted regulations;

(16) Attempting to commit any of the above offenses, or aiding another to commit any of the above offenses, shall be considered the same as the commission of the offense itself. (§ 3 (A) of Res. 78-98, September 12, 1978 at Vol. F page 121).

7.38.040 Serious infractions—Designated.

Any of the following types of behavior shall constitute a serious infraction:

(1) Committing homicide;

(2) Assaulting any person;

(3) Extortion, blackmail, demanding or receiving money or anything of value in return for protection against others, or under threat of informing;

(4) Engaging in forced or coercive sexual acts with others;

(5) Holding a person hostage;

(6) Violation of conditions of furlough;

(7) Escape;

(8) Lying to the hearing committee;

(9) Lying to a staff member with the intention of causing an innocent person to be penalized or proceeded against;

(10) Intentionally or recklessly setting a fire;

(11) Intentionally or recklessly destroying or damaging county property, or the property of another person;

(12) Stealing (theft), or knowing possession of stolen property;

(13) Tampering with or blocking any locking device;

(14) Possession or introduction of an explosive or any ammunition;

(15) Possession or introduction of a gun, firearm, weapon, sharpened instrument, knife or unauthorized tool;

(16) Possession, introduction, transfer or use of any narcotics, controlled substance or possession, transfer or use of any intoxicant or drug not prescribed or authorized for the resident or for the resident to whom transferred, if applicable, by the medical staff;

(17) Unauthorized possession of any officer’s or staff’s clothing;

(18) Being intoxicated, or under the influence of an unauthorized drug, narcotic or controlled substance;

(19) Rioting;

(20) Counterfeiting, forging, or unauthorized reproduction of any document, article of identification, money, security or official paper;

(21) Making intoxicants, controlled substances, narcotics;

(22) Giving or offering any official staff member a bribe or anything of value for a service or favor;

(23) Physically and aggressively resisting prehearing action or post-holding sanctions;

(24) Attempting to commit or aiding another person to commit a serious infraction. Such action shall be considered the same as commission of the offense itself. (§ 3(B) of Res. 78-98, September 12, 1978 at Vol. F page 121).

7.38.050 Discipline—Methods described.

(a) For general infractions, one or more of the following sanctions may be imposed:

(1) Reprimand and/or warning;

(2) Loss of recreation privileges;

(3) Confinement to room or cell except for purposes as designated for a reasonable period by the sheriff or his staff.

(b) For serious infractions, one or more of the following sanctions may be imposed:

(1) Any of the sanctions for general infractions;

(2) Loss of specified privileges for a reasonable period of time except that a resident shall not be deprived of an opportunity for daily exercise, as circumstances permit;

(3) Evening, Sunday, or holiday lockup for specified dates for a reasonable period;

(4) Confinement to cell with or without curtailment of job assignment for a reasonable period;

(5) Transfer to the maximum security or segregation section for a reasonable period;

(6) Recommendation to the board of prison terms and paroles for forfeiture of good time credit;

(7) Restitution for damage done to any property. (§ 3(C) of Res. 78-98, September 12, 1978 at Vol. F page 121).

7.38.060 Discipline—Limitations.

(a) No resident shall be subject to disciplinary action for violation of resident conduct rules unless there has been reasonable advance notice to the resident of the specific prohibited behavior.

(b) Lowering the quantity or quality of food shall not be used as a sanction.

(c) Deprivation of clothing, bed, or normal hygienic implements shall not be used as a sanction but may be imposed only when essential to the protection of the health or safety of a resident.

(d) Corporal punishment and physical restraint shall not be used as sanctions. Physical restraint when necessary for medical reasons shall be medically directed, except that in an emergency, physical restraint may be used to control a disturbed or violent resident, but medical review and direction shall be promptly obtained.

(e) A resident placed in segregation shall:

(1) Be confined in an environment with reasonably healthful temperatures in cells substantially similar to those used for general jail population;

(2) Be provided the same opportunities for personal hygiene as are available to the general jail population;

(3) Be visited by a physician, nurse, medic, or hospital supervisor as often as is reasonable and necessary. A record of visits by medical personnel shall be maintained. (§ 3(D) of Res. 78-98, September 12, 1978 at Vol. F page 121).

7.38.070 General infractions—Disciplinary procedures.

(a) Staff may impose the prescribed minor sanctions after informing the offender of the nature of his misconduct and giving him an opportunity to provide an explanation or denial.

(b) If a report of the violation is placed in the offender’s file, the offender should be so notified. (§ 3(E) of Res. 78-98, September 12, 1978 at Vol. F page 121).

7.38.080 Serious infractions—Disciplinary procedures.

(a) Someone other than the reporting officer should conduct an investigation into the facts of the alleged misconduct to determine if there is probable cause to believe the offender committed a violation. If probable cause exists, a hearing date should be set.

(b) The offender should receive a copy of the charges of the alleged violation and notice of the time and place of the hearing.

(c) The offender, if he desires, should receive assistance in preparing for the hearing from others, who are available for such help.

(d) No sanction for the alleged violation should be imposed until after the hearing except that the offender may be segregated from the rest of the population if the staff finds that he constitutes a threat to other inmates, staff members, or himself.

(e) The hearing should be held as quickly as possible.

(f) The hearing should be before an impartial person appointed by the sheriff.

(g) The offender should be allowed to present evidence or witnesses on his behalf.

(h) The offender should be allowed to confront and cross-examine witnesses against him.

(i) The offender may be allowed to select someone, including legal counsel, to assist him at the hearing.

(j) The hearing person should be required to find substantial evidence of guilt before imposing a sanction.

(k) The hearing person should be required to render its decision in writing, giving reasons therefor. If the decision finds that the offender did not commit the violation, all reference to the charge should be removed from the offender’s file. (§ 3(F) of Res. 78-98, September 12, 1978 at Vol. F page 121).

7.38.090 Mail.

(a) Communication—General Limitations.

(1) Established limits on the quantity or weight of incoming or outgoing mail, publications and packages may not be exceeded, except where provisions of this rule permit.

(2) Senders shall be accountable for obscene, harassing, threatening or criminally-conspiring contents of any communication or package.

(3) Illegal items discovered, such as weapons, explosives or controlled substances, shall be held as evidence for law enforcement authorities. “Illegal items” shall include, among others, illegal drugs, alcoholic beverages, or any bodily injury to the person of another.

(b) Incoming Letters.

(1) No unreasonable restriction shall be placed on the number of letters a resident may receive. Letters shall be opened and inspected for contraband, and for cash and checks, but shall not be read or censored, unless illegal contraband is found. After inspection and removal of contraband, if any, letters shall be returned to their envelopes and sealed for delivery to the resident. “Contraband” consists of all illegal items, and other items which a resident of a correctional institution may not have in his possession, as defined by the sheriff.

(2) If any contraband is removed, notice shall be given to the resident describing what was removed.

(3) Legal correspondence shall be opened and inspected for contraband only in the presence of the addressee.

(4) “Legal correspondence” consists of letters to or from attorneys, judges and public officials in their official capacities.

(1) A reasonable restriction may be placed on the number of publications a resident may receive, provided the resident has adequate storage facilities for such publications.

(2) Publications may be excluded which contain instructions on the manufacture of homemade weapons, bombs, explosives, escape material or the brewing of alcoholic beverages, and such other publications as directed by the sheriff or undersheriff.

(3) A resident is responsible for arranging changes of address for publications which he receives.

(4) Publications may be inspected to insure that they conform to the requirements of this section.

(d) Incoming Packages.

(1) A resident may receive a reasonable number of gift packages during his incarceration.

(2) Packages containing materials purchased by mail order by a resident may be admitted subject to contraband limitation.

(3) Packages may be admitted only if the contents conform to rules governing admissible items adopted by the sheriff. These rules shall be posted within the institution.

(4) Incoming packages shall be inspected. Illegal items shall be held as evidence for law enforcement authorities.

(e) Outgoing Letters.

(1) A resident may send a reasonable number of letters to persons of his choice, which shall not be opened unless the resident has been informed in writing that his mail will be opened, and reason stated. (§ 4(A) of Res. 78-98, September 12, 1978 at Vol. F page 121).

7.38.100 Telephone restrictions.

(a) Residents shall be allowed a reasonable number of telephone calls during their incarceration in as much privacy as possible. These calls shall not be monitored in any manner.

(b) Long distance calls shall be made only on specific approval of the sheriff or his staff, and shall be made collect. (§ 4(B) of Res. 78-98, September 12, 1978 at Vol. F page 121).

7.38.110 Visitation rights and restrictions.

(a) Personal visits will be regulated according to the following criteria—Prisoners shall have a reasonable choice of visitors consistent with the security of the jail.

(b)(1) Resident will submit to jail supervision a list of persons for visitation privileges.

(2) If anyone on the visitation list is denied visits to resident, resident will be informed why the visit was denied.

(c)(1) Visitors during resident’s first week in Chelan County Jail will be restricted to immediate family.

(2) Restrictions on the number of visitors allowed a resident and the restrictions on the frequency and duration of visits, shall be in accordance with the practical limitations of the institution, such as staff and space.

(3) Visitors and residents shall be treated courteously and every reasonable effort made to ensure that visits are satisfactory under the circumstances.

(d) The prisoner may not receive visits from:

(1) Persons associated with him in the commission of the offense for which he was incarcerated;

(2) Parolees and probationers under active supervision, unless they are members of his immediate family or are employees of the department in some other approved capacity in institutional programs or activities;

(3) Persons under age eighteen. If under age sixteen, the visitor must be accompanied during the entire visit by a parent or legal guardian.

(e)(1) In addition to personal visitors, the prisoner may receive personal visits from persons visiting him in a professional capacity. No interview may take place without the prisoner’s agreement.

(2) The sheriff may require advanced appointment for professional interviews unless it appears the circumstances do not permit delay. Appropriate space shall be made available for professional interviews so as to provide reasonable privacy, under the circumstances.

(f)(1) The sheriff shall honor requests by authorized representatives of known news media for admittance to the jail. Such representatives shall be treated courteously and shall be afforded reasonable access to all areas of the jail. The right of privacy of prisoners shall be protected. The sheriff shall insure that representatives of news media are informed of these rules and of their responsibilities.

(2) Representatives of news media shall be advised on entering the institution that if they receive information which directly affects the safety of any prisoner or staff member, or indicates that a crime has been or will be committed, this information shall be communicated to the sheriff or an assistant, unless such communication would violate the confidentiality of a professional relationship.

(3) If photographs of a prisoner are to be used, written consent of the prisoner must be secured.

(g) A visitor, professional or otherwise, may not bring contraband into the jail and may give a prisoner, or receive from a prisoner, only such items or materials as have been inspected and approved by the officer in charge.

(h) The sheriff may deny entrance to visitors if:

(1) The sheriff or his staff has prior knowledge leading them to a reasonable suspicion that a visitor is attempting to smuggle in or out of the jail illegal or contraband items;

(2) There is a disturbance within the jail;

(3) There is clear and present danger to the health or safety of any visitor, prisoner or staff member;

(4) He has reasonable suspicion to believe that criminal conduct will ensue if entrance is allowed.

(i) Visiting rights may be suspended for a visitor depending on the seriousness of a visiting infraction.

(j) A visitor may appeal by letter the suspension, disapproval or termination of his visiting rights to the superior court judges of the county. The letter should state the reason why the visitor should be permitted to visit and the circumstances surrounding the denial or termination.

(k) Visiting days shall be on Tuesdays, with the hours to be set by the sheriff.

(l) Visitors are subject to search of person or goods for security reasons. (§ 4(C) of Res. 78-98, September 12, 1978 at Vol. F page 121).

7.38.120 Recreation and exercise.

As soon as proper yard facilities for recreation are available, prisoners shall be allowed a reasonable time each week for use of such facilities. (§ 4(D) of Res. 78-98, September 12, 1978 at Vol. F page 121).

7.38.130 Enforcement—Sheriff’s authority—Jail security.

The implementation of the rules set forth in this chapter by the sheriff shall at all times take into consideration that security of the jail is of paramount importance. (§ 4(E) of Res. 78-98, September 12, 1978 at Vol. F page 121).