Chapter 1.40 CUSTODIAL CARE STANDARDS

A. The standards set out in this chapter are intended to govern the operation and management of the county correctional facility. These standards are developed and designed to provide the highest possible level of safety and security for both prisoners and staff.

B. These standards are initiated to provide the residents of the county with a correctional facility which follows current high professional standards, allowing prisoners a quality human existence while awaiting trial and/or serving a sentence. (Res. 34-88, 1988).

1.40.020 General administration.

A. Organizational Chart and Manual. (WAC 289-14-200(1)). The department of corrections or the chief law enforcement officer of all jails shall develop and maintain an organizational chart and operations manual of policies and procedures.

B. Staff Review. Such chart and manual shall be reviewed by all staff members and such review noted by signature prior to any assignment. (Res. 34-88 Ch. 1, 1988).

1.40.030 Staff positions.

A. Job Descriptions. Written job descriptions shall define the responsibilities and designate the qualifications for each staff position.

B. Qualifications. Qualifications for correctional officers who have direct responsibility over prisoners and who are hired on or after the effective date of the resolution codified in this chapter, which sets out these minimum standards shall include, but not be limited to, a high school diploma, or equivalent.

C. Staff Selection. All staff members shall be selected in accordance with Chapter 41.14 RCW and/or other applicable legal requirements and shall be retained upon proven ability to perform. (Res. 34-88 Ch. 2, 1988).

1.40.040 Training.

A. Orientation. Okanogan County correctional facility shall provide preservice orientation to each newly hired staff member prior to being assigned the duty, regardless of his/her previous training or experience prior to the assignment of any duties. Such training may be provided either by existing staff members or other qualified persons and must be verified by a written outline and shall include, but necessarily be limited to:

1. Review of understanding all of the policies and procedures relating to his/her job responsibilities, specifically:

a. Agency organization;

b. Admission and release procedures;

c. Security and safety procedures;

d. Contraband control, definition of, etc.;

e. Prisoner discipline;

f. Medical and mental health procedures;

g. Use of force;

h. Confidentiality of jail records.

B. Review. Review of county sheriff’s department standard operating procedure/policy manual and as they relate to corrections duties.

C. Authority. Identification and understanding of the function of agencies whose authority may extend to the prisoners.

D. Firearm Qualifications. There shall be appropriate training and qualification in the use of weapons when duties include possession or carrying firearms.

E. Correctional Academy. All persons directly responsible for the supervision of prisoners shall successfully complete the Washington Criminal Justice Training Commission Basic Correctional Academy within the first six months of their employment, as required by WAC 139-36-010 unless such training has already been received.

F. Health Care Training. Staff training shall further include such training as required by OCC 1.40.280. (Res. 34-88 Ch. 3, 1988).

1.40.050 Records.

A. Records System. The jail administrator and/or the sheriff for the county correctional facility shall establish a records system which shall comply with the requirements of this section.

B. Fiscal Records. The county correctional facility shall maintain fiscal records which clearly indicate facility operation and maintenance costs according to generally accepted accounting principles. Such records shall separate corrections functions from other departmental functions.

C. Confidentiality. County correctional facility personnel shall be advised of the statutory provisions for confidentiality of records under RCW 70.48.100(2).

D. Individual Prisoner Records. The information required by the booking and release form shall be obtained for each booking and release. Such information will be retained in a written form or within computer records. Other information retained in each prisoner’s records shall include, but not be limited to, reports of disciplinary actions and/or unusual occurrences and, in the case of death, disposition of prisoner’s property and remains.

E. Medical. Health care records shall be maintained separately in accordance with OCC 1.40.300, to the extent necessary to maintain their confidentiality.

F. Prisoner Access. Each prisoner shall be permitted reasonable access to his/her incarceration record or reasonable access to information contained therein; provided, that such access may be limited only on substantial grounds of facility security.

G. Transfers. When a prisoner is transferred to another facility, copies or summaries of all health records shall be transferred to the receiving facility, provided that the requirements of OCC 1.40.300 regarding confidentiality are followed. Applicable court orders shall be transferred. Summaries or copies of disciplinary records shall be transferred where such information may serve a substantial governmental interest in the safety or security of the receiving institution.

H. Population Reports. County corrections personnel shall complete monthly reports on the population of the facility.

I. County corrections personnel shall maintain an accurate prisoner register as required by RCW 70.48.100.

J. Infraction and Disciplinary. The jail administrator and/or the sheriff shall maintain a written record of all incidents which result in substantial property damage or bodily harm, or serious threat of substantial property damage or bodily harm. Major infraction reports and disciplinary actions shall become part of the prisoner’s record.

K. Incidents and Emergencies.

1. All serious incidents and emergencies shall be recorded. For purposes of this section, the term “serious incidents and emergencies” includes, but is not limited to, any death which occurs within the facility, attempted suicides, epidemics, completed escapes, any completed assault upon staff members or prisoners, serious fires, flooding, natural disasters or riots.

2. An incident report shall be completed by the staff members on duty at the time of serious incident or emergency. All such incident reports for a given month shall be maintained on a monthly population accounting form. A copy of all incident reports shall be retained at the facility.

L. Personnel Training. Training records shall be maintained for each staff member employed by the county correctional facility. (Res. 34-88 Ch. 4, 1988).

1.40.060 Emergency procedures.

A. Written Emergency Procedures. The jail administrator and/or the sheriff shall formulate written emergency procedures relative to escapes, riots, rebellions, assaults, injuries, suicides or attempted suicides, outbreak of infectious disease, fire, acts of nature and other types of major disaster or disturbance. The emergency plan shall outline the responsibilities of the staff member’s evacuation procedures and subsequent disposition of the prisoners after removal of the area or facility. Such a plan shall be formulated in cooperation with the appropriate supporting local government.

B. Emergency Plans. Emergency plans shall always be available to the staff member in charge of the facility and all personnel shall be aware of and trained in the procedures. (Res. 34-88 Ch. 5, 1988).

1.40.070 Fire prevention – Suppression.

A. Written Fire Plan. The jail administrator and/or the sheriff shall consult with the local fire department having jurisdiction over the facility in developing a written fire prevention and suppression plan which shall include, but not be limited to, a fire prevention plan to be part of the operations manual of police and procedures.

B. Staff/Fire Hazards. A requirement that staff are alert to fire hazards during their daily rounds shall be part of standard operating procedure.

C. Inspections. Fire prevention inspections shall be conducted at least semiannually by the fire department having jurisdiction; provided, that when such inspections cannot be obtained from such fire department, the facility shall provide such inspections by any independent qualified source.

D. Regular Inspections. A regular schedule for inspections, testing and servicing fire-suppression equipment shall be in place.

E. Inspections Results. Results of all fire department inspections shall be kept on file at the facility, together with records of actions taken to comply with recommendations from such reports. (Res. 34-88 Ch. 6, 1988).

1.40.080 Overcrowding.

A. Purpose. The purpose of this section is to provide a means for determining maximum population figures for the county correctional facility. Overcrowding is a concern of constitutional dimensions within the facility and must be addressed. It is the purpose of these standards to provide a firm approach to preventing overcrowding in the county correctional facility.

B. Sleeping Localities. No prisoner shall be required to sleep directly on the floor for any length of time, or on a mattress on the floor in excess of one 72-hour period, unless there are reasonable grounds to believe that such provisions are necessary to prevent the prisoner from damaging property, inflicting bodily harm to himself/herself or others or substantially compromising the security of the facility.

C. Maximum Capacity. The jail administrator and/or the sheriff of the county corrections shall develop a maximum capacity for the county correctional facility. The capacity shall reflect judgment as to the maximum number of prisoners who may be housed within the facility in question in a humane fashion.

D. Overcrowding. The maximum capacity may not exceed by more than 10 percent without the jail administrator exercising the overcrowding relief measure.

E. Emergency Conditions. Any report of conditions of overcrowding required under this section shall be considered as a notice of an emergency suspension of standards.

F. Procedure. The jail administrator and/or the sheriff of the county shall establish, with the cooperation of the presiding judge of the district and the superior courts, a procedure for release of the prisoners before the end of their term when overcrowding occurs as herein defined.

G. State Prisoners. In the event of overcrowding caused by the existence of state prisoners, the jail administrator and/or the sheriff shall contact the State Department of Corrections in an effort to have such prisoner(s) removed.

H. Federal Prisoners. In the event of overcrowding caused in part by the existing federal prisoners, the jail administrator and/or the sheriff shall contact the appropriate federal agency in an effort to have such prisoner(s) removed. (Res. 34-88 Ch. 7, 1988).

1.40.090 Maximum capacities.

Pursuant to OCC 1.40.080, the maximum capacity of the county correctional facility is established at the figures indicated below:

A. General population: 74;

B. Work release: 13. (Res. 34-88 Ch. 8, 1988).

1.40.100 Use of force.

A. Policy/Procedures. The county jail administrator and/or the sheriff 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.

B. Lawful and Reasonable Force. Only lawful and reasonable force to the person of a prisoner shall be used.

C. Deadly Force. Deadly force shall not be used on the prisoner unless the person applying the force believes that the prisoner poses immediate threat of death or grievous physical injury to an officer or employee of the county correctional facility or any other person and that the officer believes that other reasonable and available alternatives would be ineffective.

D. Documentation. A written report on use of such force or deadly force shall be made. In the case of deadly force, a written report shall be made by each staff member involved in observing such force. The report(s) shall be reviewed by the sheriff and jail administrator. If appropriate, they shall investigate the incident further and make a determination whether appropriate, justified or reasonable force was used. Said determination shall be made a matter of record.

E. Carotid Sleeper Hold Defined. The “carotid sleeper hold” means any hold or restraint specifically designed to inhibit blood flow through the carotid arteries of the neck without compression of the larynx or trachea. The carotid sleeper hold shall be considered to be deadly force.

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

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

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

I. Medical Attention. 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. 34-88 Ch. 9, 1988).

1.40.110 Admissions.

A. General. The receiving officer shall determine that the arrest and confinement of each prisoner is being accomplished by a duly authorized officer and a copy of all documents that support the confinement shall become part of the prisoner’s record.

B. Delivery Officer. The delivery officer shall remain at the corrections facility until the arrestee is secured or the booking officer releases the delivery officer.

C. Telephone Access. Each prisoner, after completion of booking, shall be advised of their rights to at least two local or collect calls to the persons of their choice who may be able to come to their assistance. The prisoner shall also be advised that they can make these collect phone calls from the module using the inmate phone system.

D. Communication. Reasonable provisions for communicating with non-English speaking, handicapped or illiterate prisoners shall be provided concerning the booking process, rules of the facility, privileges and other information pertinent to his/her rights and well-being while confined.

E. Prompt Booking. The booking process should be completed within a reasonable period of time unless physical or mental condition of the prisoner necessitates delay.

F. Policy/Procedure. The jail administrator and/or the sheriff shall establish and maintain written policies and procedures regarding pat searches, strip searches and body cavity searches, which shall be consistent with this section.

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

H. Strip Search. No strip search shall be conducted except pursuant to the written policies and procedures required herein.

1. No prisoner other than a person committed to incarceration by order of a court or a person held for post conviction incarceration or a criminal offense, shall be strip searched without a warrant except when 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 facility. 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 a reasonable suspicion to believe that the 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 the 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.

2. 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; and

c. Physically violent behavior of the person being searched, during or after the arrest.

3. 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. Any 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 Chapter 69.41, 69.50.04, 69.52 RCW or any successor statute.

I. Written Records. 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:

1. 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;

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

3. 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.

J. Body Cavity Search. 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 from the sheriff, the undersheriff or the jail administrator. 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 crime, contraband, fruits of crime, things otherwise criminally possessed, weapons or other 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.

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

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

2. A body cavity search may be conducted only pursuant to 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 the body cavity search.

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

L. Location. A strip search or body cavity search, as well as pre-search undressing or post-search dressing shall occur at a location made private from the observation of persons not physically conducting the search except that a strip search to search for and seize a weapon may be conducted at other than a private location if there arises a specific threat to institutional security that reasonably requires such a search or if all persons in the facility are being searched for the discovery of weapons or contraband. 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 or when necessary to assure the safety of the prisoner or any person conducting the search.

M. Privacy. 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 at the request of the person being searched.

N. Visual Check. When a strip search or 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.

O. Touching. 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.

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

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

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

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

4. A statement of the results of the search and a list of any items removed from the person as a result of the search. The report shall be retained as a part of the agency’s records.

Q. Identification. All physical markings and “health tag” identifications shall be recorded and made available to the appropriate staff members and medical professionals responsible for care of the prisoner.

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

S. Medical Complaints. Complaints of illness or injury expressed or observed during the booking shall be checked promptly.

T. Communicable Diseases. A prisoner who is suspected of having a communicable disease shall be isolated without delay. Staff members shall make immediate contact with the medical provider and follow their medically prescribed treatment.

U. Personal Property. The admitting officer shall record and store the prisoner’s personal property and issue the prisoner a witnessed receipt.

V. Fingerprints. Copies of fingerprints shall be forwarded to the proper state and federal authorities.

W. Personal Care Items. At a reasonable time after the completion of booking, each prisoner shall be issued clean bedding, as well as such personal care items as required under OCC 1.40.340.

X. Writing Materials. Upon prisoner’s request, a reasonable supply of writing materials shall be furnished to indigent prisoners. (Res. 34-88 Ch. 10, 1988).

1.40.120 Preclassification.

A. Safety/Security. Prior to classification, reasonable precautions shall be taken to insure the safety and welfare of prisoners and the security of the institution.

B. Health Problems. Prisoners who, upon screening, appear to have serious and potentially dangerous problems with drugs, including alcohol, or signs of serious mental illness, shall be closely observed. Persons qualified and trained to evaluate such prisoners shall be contacted without delay.

C. Assaultive Behavior. Any prisoner suspected of being assaultive shall be housed separately prior to classification except where continual direct observation is maintained.

D. Prisoners Dangerous to Themselves. No prisoner known or suspected to be a danger to themselves may be housed alone without appropriate direct observation. (Res. 34-88 Ch. 11, 1988).

1.40.130 Orientation.

A. Oral/Written Orientation. As soon after booking as possible each prisoner shall receive an oral or written orientation. The orientation shall provide information regarding the prisoner’s confinement including, but not limited to:

1. Rules of prisoner’s conduct; including possible disciplinary sanctions, as provided in OCC 1.40.220;

2. Procedures and conditions regarding classification and reclassification, as provided in OCC 1.40.140;

3. Staff expectations of prisoner’s responsibilities, including, if applicable, cleaning of prisoner living areas;

4. Prisoner rights and privileges;

5. The means of access to health care as required by OCC 1.40.270, and other services.

B. Questions. An opportunity to ask and receive answers to questions shall be provided within a reasonable time. (Res. 34-88 Ch. 12, 1988).

1.40.140 Classification – Segregation.

A. Policy – Procedures. The jail administrator and/or the sheriff shall establish written classification and reclassification procedures which shall be included in the manual of policies and procedures.

B. Committee Responsibilities. A classification committee or individual shall be designated as responsible for classification of prisoners confined in the facility in accordance with such written procedures; provided, that this does not preclude designation of alternate persons to serve in such individuals’ absence; provided further, that certain classification functions, such as initial cell assignment, may be delegated, in writing, to staff not assigned to classification functions.

C. Considerations. For each prisoner confined in the county corrections facility, those responsible for classification shall determine the degree of security required, housing assignment, program eligibility and regulations for associating within and outside of the confinements.

D. Procedures. Each prisoner confined in the county correctional facility shall be reviewed at the time of booking by the booking officer or other designated staff for classification determinations. Where designated staff conduct the review, the information shall be reported to the classification committee or a person responsible, in a uniform manner.

E. Timely Classification. Each prisoner shall be classified as soon as reasonably possible.

F. Classification Change. The prisoner shall be promptly informed of any classification housing assignment decision other than “general population”, and of his/her right to have the decision reviewed upon making a request. Such notice shall also be given with regard to any classification action.

G. Prisoner Dissatisfaction. A prisoner who is dissatisfied with his/her housing assignment, other than general population, shall be entitled to a review of the decision by the jail administrator and/or the sheriff upon making a written request and shall be promptly informed of this right. Such requests shall be reviewed by the jail administrator and/or the sheriff or a designated staff member supervisory to the classification committee, within 72 hours, excluding weekends and holidays, of its receipt by staff. The prisoner shall receive a written decision of the review of such assignment, including reason(s).

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

I. Juveniles. No juvenile shall be held in the county corrections facility without sight and sound separation from adult prisoners. For purposes of this standard, a juvenile is a person under the chronological age of 18, who has not been transferred previously to adult courts; provided, that no person under the chronological age of 16 shall be held in the county correctional facility or holding facility; provided further, that the standard does not preclude or prohibit housing of remanded pretrial prisoners under the chronological age of 18 within the juvenile detention facility rather than the county correctional facility. 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 limited jurisdiction court in traffic, fish, boating or game offenses or infractions pursuant to RCW 13.04.030(6)(c) or successor statute does not constitute a “transfer”.

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

K. Problem Prisoners. Special problem prisoners who endanger the health and safety of other prisoners (or themselves) shall be segregated and closely supervised.

L. Work Release – Weekenders. Prisoners on work release or weekend confinement programs, and any other prisoners who have regular contact outside the facility shall be segregated from other prisoner categories.

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

N. Administrative Segregation.

1. The jail administrator and/or the sheriff shall establish written procedures governing the use of administrative segregation which are consistent with this subsection.

2. Administrative segregation shall only be used when the presence of the prisoner in general population poses serious threat of death or injury to himself/herself or others, damage to property, or the security or orderly operation of the facility. Written documentation shall be maintained citing the reasons for each case of a prisoner placed in administrative segregation.

3. Written procedures shall permit the prisoner an opportunity to appeal within 72 hours (exclusive of weekend and holidays) the decision of placement in administrative segregation to the person(s) designated as responsible for classification. A hearing shall be conducted whenever a prisoner appeals placement in administrative segregation and the prisoner shall be afforded the same rights as those for under disciplinary hearings.

4. Each prisoner in administrative segregation shall have his/her case reviewed at least every 30 days by the persons responsible for classification. Prisoners shall be held in administrative segregation only as long as the reason(s) for their initial placement remains valid. (Res. 34-88 Ch. 13, 1988).

1.40.150 Goodtime – Policy – Procedure.

The jail administrator and/or sheriff shall develop written policies regarding time off for good behavior. Such policies shall insure that goodtime, when authorized by sentencing courts, is given on a consistent basis, and in accordance with RCW 70.48.210 and 9.92.150. (Res. 34-88 Ch. 14, 1988).

1.40.160 Release and transfer.

A. Release of Prisoners.

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

2. The information required by the time of release shall be recorded for each prisoner released from the facility.

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

B. 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. 34-88 Ch. 15, 1988).

1.40.170 Transporting – Instructions.

When staff members are responsible for prisoner transportation and when the prisoner is still in custody and under supervision of the facility, the jail administrator and/or the sheriff shall develop and maintain written instructions which insure the safety of prisoners and the staff. (Res. 34-88 Ch. 16, 1988).

1.40.180 Staffing.

A. General Staffing. At all times, staff members shall be awake, alert and directly responsible for supervision and surveillance.

B. Privacy Concerns. At all times a staff member of the same sex as the prisoner(s) shall be on duty or available within a reasonable time. Staff members shall be directly responsible for supervision which involves intimate physical contact or activities commonly afforded reasonable protection against opposite sex observation and supervision; provided, that this does not preclude staff from performing nonfacility functions or being relieved from direct duties and remaining on call; provided further, that personal observation of prisoners for purposes of this or other sections of these standards may be by opposite sex staff as long as opposite sex privacy concerns are given appropriate protection.

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

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

E. Hourly Surveillance. 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 shall not be less frequent than, at least once every 60-minute period. (Res. 34-88 Ch. 17, 1988).

1.40.190 Supervision – Surveillance.

A. General Security. Photographs shall be used as positive means of identifying prisoners.

B. Perimeter Security. Reasonable perimeter security shall be maintained.

C. Security Equipment. Security devices shall be maintained in proper working condition at all times.

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

E. Prisoner Counts. The jail administrator and/or the sheriff shall develop a system for taking and recording prisoner counts. This procedure shall be followed at shift changes and at other regular or irregular times.

F. Contraband Control. Any item or person entering or leaving the county correctional facility shall be subject to search.

G. Separation. When housed in the county correctional facility, work release prisoners and prisoners who have regular contact outside the facility shall not be permitted contact with other prisoner classifications or entrance to areas frequented by other prisoners.

H. Cell Search. There shall be irregularly scheduled searches for contraband in all housing classifications within the facility and all other areas frequented by prisoners.

I. Contraband Warning. Conspicuously posted signs shall display the statutory penalty for giving or arranging to give anything to a prisoner without official authorization (RCW 9A.76.010, 9A.76.140, 9A.76.150, 9A.76.160). Non-English speaking visitors shall be informed of the statutory penalty either verbally or posted by signs in the appropriate language. (Res. 34-88 Ch. 18, 1988).

1.40.200 Critical articles.

A. Weapons Control.

1. County correctional facility shall establish written procedures to insure that weapons shall be inaccessible to prisoners at all times.

2. Weapon lockers shall be located outside of the booking and confinement areas.

B. Keys – Locking Devices.

1. Key regulations shall be established by the jail administrator and/or the sheriff and read and initialed by all staff members.

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

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

4. All keys, not in use, shall be stored in a secure key locker inaccessible to prisoners.

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

6. Keys shall be accounted for at all times; and distribution certified at each shift change.

7. Correction facility keys shall never be issued to prisoners.

C. Electronic Devices. 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 a failure of the system.

D. Protective Equipment. Protective equipment, tear gas, and any other chemical suppressing agent shall be kept in a secure area, inaccessible to prisoners and unauthorized persons, but quickly accessible to officers of the facility.

E. Kitchen Utensils – Tools. Dangerous kitchen utensils and tools shall be marked for identification, recorded and kept in a secure place.

F. Toxic Substances. Toxic substances shall be kept in locked storage, and use of toxic substances shall be strictly supervised. Such substances, including cleaning supplies, shall be stored in a separate area from food supplies. (Res. 34-88 Ch. 19, 1988).

1.40.210 Prisoners’ rights.

A. Rules – Sanctions. The jail administrator and/or the sheriff shall establish uniform rules and disciplinary sanctions to guide and conduct all prisoners, such rules shall designate major/minor infractions.

B. Posted Rules. Printed rules and possible disciplinary sanctions shall be given to each prisoner and/or posted conspicuously throughout the facility. Non-English speaking prisoners shall be informed of the rules either orally, in writing, or by posted signs in the appropriate language. (Res. 34-88 Ch. 20, 1988).

1.40.220 Prisoner rules of conduct.

A. Major Infractions. 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 record.

B. Minor Infractions. Minor violations of the rules may be handled informally by any staff member by reprimand, warning or minor sanction 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. 34-88 Ch. 21, 1988).

1.40.230 Discipline.

A. Disciplinary Committee.

1. The jail administrator and/or the sheriff or such person’s designee or designees shall hear and decide all charges of major violations of facility rules and impose sanctions.

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

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

B. Disciplinary Procedures. Any charges pending against a prisoner shall be acted on as soon as possible and no later than 72 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.

C. Infraction Report. At least 24 hours prior to hearing, the prisoner shall receive a copy of the written infraction report made in conformance with OCC 1.40.220. If the prisoner is illiterate, the infraction report shall be read to him/her.

D. Rights. 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 the 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 should 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 jail administrator and/or the sheriff or his/her designee in accordance with appeal procedures established by the county correctional facility included in the printed rules. All disciplinary proceedings shall be recorded.

E. Findings Before Sanction. There shall be a finding of guilt based on the preponderance of evidence before imposition of a sanction.

F. Immediate Action. The above provisions do not preclude imposition of administrative segregation, according to procedures required by OCC 1.40.140, or other appropriate limitations on freedom of the prisoner involved prior to such disciplinary proceedings; provided, that each such restriction shall be in accordance with the other provisions in these standards; provided further, facility security or prisoner safety, and such action shall be noted in the prisoner’s records.

G. Corrective Action or Forms of Discipline.

1. When punitive measures are imposed, such measures shall be in accordance with law, and recommended sanctions, appropriate to the severity of the infraction, and based on considerations of the individual involved.

2. Acceptable forms of discipline shall include the following:

a. Loss of privileges;

b. Removal of work detail or other assignment;

c. Recommendation of forfeiture of goodtime credit;

d. Transfer to the maximum security or segregation section.

H. Limitations on Punishment. No prisoner or group of prisoners shall be given authority to administer punishment to any other prisoner or group of prisoners.

I. Discipline Limitations. Deprivation of regular feeding, clothing, bed, bedding or normal hygienic implements and facilities shall not be used as disciplinary sanction.

J. Correspondence. 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 or the jail administrator and/or the sheriff be suspended.

K. Restrictions on Visitation.

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

2. Under no circumstances shall attorney/client visits be restricted.

L. Time Limit. No prisoner shall be held in disciplinary segregation for more than 15 days for any one violation and no more than 30 days for all violations arising out of one incident. Continuous confinement for over 30 days must be approved by the jail administrator and/or the sheriff or such person’s designee.

M. Punishment. Corporal punishment and physical restraint e.g., handcuffs, leather restraints and strait jackets, shall not be used as sanctions. (Ord. 34-88 Ch. 22, 1988).

1.40.240 Responsible physician and licensed staff.

A. Health Authority. The facility shall have a designated health authority with responsibility for health care services pursuant to a written agreement, contract or job description. The health authority may be a physician, health administrator or agency. When the authority is other than a physician, final medical judgment shall rest with a single designated responsible physician licensed in the state of Washington.

B. Health Judgment. Matters of medical and dental judgment shall be sole province of the responsible physician and dentist respectively; security regulations applicable to facility personnel shall also apply to health personnel.

C. State Requirements. State licensure and/or certification requirements shall apply to health care personnel.

D. Limitations. All medical personnel shall practice within the scope of their license. Where applicable, treatment shall be performed pursuant to a written standing or direct order.

E. Certification Records. Verification of current licensing and certification credentials should be on file in the facility. (Res. 34-88 Ch. 23, 1988).

1.40.250 Health care policies and procedures.

A. Health Care Procedures. Written standard operating procedures approved by the responsible physician and governing unit or official designated by it shall consist of, but not be limited to the following:

1. Receiving and screening;

2. Nonmerchantable medical services;

3. Deciding the emergency nature of illness or injury;

4. Availability of dental referral examination, and treatment;

5. Provision of medical and dental prostheses;

6. First aid;

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

8. Providing chronic care;

9. Providing convalescent care;

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

11. Implementing the special medical program;

12. Delousing procedures;

13. Detoxification procedures; and

14. Pharmaceuticals.

B. Job Description Approval. The work of qualified medical personnel shall be governed by written job descriptions which shall be approved by the responsible physician. (Res. 34-88 Ch. 24, 1988).

1.40.260 Health screening.

A. Receiving Screening. Receiving screening shall be performed on all prisoners upon admission to the facility before being placed in the general population or housing area, and the findings recorded on a printed screening form approved by the sheriff.

B. Health Appraisal Data. The health appraisal data collection should be completed for each prisoner within 14 days after admission to the facility in accordance with the adopted standard operating procedures; provided, that this subsection does not apply to the prisoners who are able to receive medical care in the community. (Res. 34-88 Ch. 25, 1988).

1.40.270 Access to health care.

A. Delivery of Medical Services. When medical services are delivered in the facility, adequate equipment supplies and materials shall be provided for the performance of primary health care delivery.

B. Note of Available Services. At the time of admission to the facility, prisoners shall receive information consistent with the provisions of OCC 1.40.110, explaining the procedures for gaining access to medical services.

C. Medical Complaints. Prisoners’ medical complaints shall be collected daily and acted upon by the medically trained personnel.

D. Work Release. Work release prisoners should be allowed to see their own physicians outside of the facility at their own expense and to receive consistent care within the facility.

E. Sick Call. Sick call shall be conducted by a physician and/or other qualified medical personnel and shall be available to each prisoner three times per week.

F. Prostheses. Medical and dental prostheses shall not be denied when the health of the inmate-patient would otherwise be adversely affected as determined by the responsible physician.

G. Emergency Care. First aid kit(s) shall be conveniently available in designated areas of the facility.

H. Inspection of First Aid Kits. The responsible physician should approve contents, number, location and procedure for periodic inspection of the kit(s).

I. Emergency Care Arrangements. Emergency medical and dental care shall be available on a 24-hour basis in accordance with the written plan which includes:

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

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

3. Arrangements for the use of one or more designated hospital emergency rooms, other appropriate health facilities, or on-call physicians and dentist services. (Res. 34-88 Ch. 26, 1988).

1.40.280 Health care training.

A. First Aid Training. Staff members shall be trained in standard first aid equivalent to that defined by the industrial first aid and usual emergency care procedures prior to employment or during the probationary period. Written standard operation procedures and training of staff shall incorporate the following steps:

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.

B. CPR. At least one person per shift within sight or sound of the prisoner shall have training in receiving screening and basic life support cardiopulmonary resuscitation (CPR).

C. Mental Illness. Staff members shall be given training regarding the recognition of general symptoms of mental illness and retardation.

D. Medication. All staff members responsible for the delivery of medications shall have training regarding the medical, security and legal aspects of such activity. (Res. 34-88 Ch. 27, 1988).

1.40.290 Medications control.

A. Medications. The Okanogan correctional facility standard operating procedure for the proper management of pharmaceuticals shall include a formula specifically developed for the facility when stock medications are maintained within the facility. The formula shall be in accordance with WAC 36-16-070 (Clinic Dispensary).

B. Pharmacy Control. A policy that facilities with on-site pharmacy shall adhere to the regulations established by the State Board of Pharmacy. Such policy shall require, as a minimum, a consulting pharmacist for the operation of the pharmacy or the dispensing shall be done by each prescribing physician in person (WAC 360-16-070).

C. Prescription Drugs. A policy regarding the prescription of all medications with particular attention to behavior-modifying medications and those subject to abuse.

D. Policy – Procedure. A policy regarding medication dispensing and administration which shall include, but not be limited to:

1. Nonmedical staff members delivering medication(s) to prisoners;

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

3. Packaging of Medication(s). The medications system shall insure that all medications are kept in containers which have been labeled securely and legibly by a pharmacist or the prescribing physician, or in the original container labeled by their 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 medication(s).

E. Weekly Inventory. A policy regarding the maximum security and weekly inventory of all controlled substances, nonprescription medication(s), syringes, needles and surgical instruments.

F. Accountability. The person delivering medication(s) shall be accountable for following the orders of medical staff. (Res. 34-88 Ch. 28, 1988).

1.40.300 Health care – Records.

A. Records Retention. The responsible physician shall be responsible for maintaining patient medical record files. Such files shall contain the completed receiving screening form, health appraisal data collection forms, 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.

B. Record of Confidentiality. The responsible physician shall insure the confidentiality of each prisoner’s medical record file and such file shall be maintained separately to the extent necessary to maintain their confidentiality.

C. Medical Communication. The responsible physician or medical staff designated by him shall communicate information obtained in the course of medical screening/care to corrections authorities when necessary for the protection of the welfare of the prisoner or other prisoners, management of the facility or maintenance of facility security order.

D. Medical Records Transfer. A copy or summary of the medical record file shall routinely be sent to any jail or correctional institution to which a prisoner is transferred at the time of such transfer. A copy of such file or parts thereof shall also be transmitted upon written authorization of a prisoner to designated physicians and medical facilities.

E. Medication Delivery Documentation. The person delivering medications shall record the actual time of the delivery in a manner and on a form approved by the responsible physician. (Res. 34-88 Ch. 29, 1988).

1.40.310 Special medical issues.

A. Informed Consent.

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

2. No prisoners shall be given medical treatment against his will except as necessary to prevent the spread of communicable disease, to relieve imminent danger to the life of the prisoner, or in the case of serious mental disorders, to prevent imminent danger to the life of his or her person or to the lives of others. All procedures required by Chapter 71.05 RCW shall be followed in any case of involuntary commitment or involuntary treatment of mentally ill persons within correctional facilities.

3. In case of minors, the informed consent of parent, guardian or legal custodian applies where required by law.

4. In all cases, the responsible physician shall give a clear statement to the prisoner-patient of his diagnosis and treatment.

B. Special Medical Problems.

1. Staff members shall report any symptoms of prisoner mental illness or retardation to medical personnel for appropriate evaluation and treatment.

2. A special program shall exist for prisoners requiring close medical supervision. A written individual treatment plan for each of these patients shall be developed by a physician which includes directions to medical and nonmedical personnel regarding their roles in the care and supervision of these patients.

3. Appropriate medically supervised treatment in accordance with written procedures established under OCC 1.40.250 shall be given in the facility 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 the community health facility.

4. Reasonable physical restraint when necessary for medical reasons shall be medically directed, except that in an emergency reasonable physical restraint may be used to control a grossly disturbed or violent prisoner, but the review and direction of the health care staff or local mental health professionals shall be promptly obtained. (Res. 34-88 Ch. 30, 1988).

1.40.320 Access to facilities.

A. Regular Bathing. Regular bathing (shower) shall be permitted at least twice a week.

B. Access to Personal Maintenance. Each prisoner shall have access to toilet, sink, drinking water and adequate heat and ventilation. (Res. 34-88 Ch. 31, 1988).

1.40.330 Food.

A. General Food Requirements.

1. At least three meals a day shall be served at regular intervals. The morning meal shall be served within 14 hours of the previous day’s evening meal.

2. The facility may arrange for prepared meal service or serve frozen packaged meals, provided these meals conform to the other requirements of this section.

B. Nutritional and Caloric Intake.

1. Facility menus shall be reviewed by the county health department, the county extension agent or other qualified nutrition consultant to insure that diets approximate the dietary allowances specified.

2. Diets ordered by medical staff shall be strictly observed. (Res. 34-88 Ch. 32, 1988).

1.40.340 Clothing – Bedding – Personal items.

A. Clothing.

1. Provisions shall be made for separate insect-proof clothing storage to prevent migrations of lice from infested clothing.

2. The county correctional facility shall insure that prisoners’ outer garments are laundered and made available to them at least once a week. Prisoners’ undergarments and socks shall be laundered and made available to them at least twice a week.

3. Corrections staff member shall, if necessary, clean and sanitize clothing prior to storage.

B. Bedding.

1. Each prisoner shall be issued clean bed linen or the first night’s detention and at least once a week thereafter. Bed linens shall include:

a. One detachable cloth mattress cover and one sheet; or

b. Two sheets; or

c. One double-sized sheet.

2. Mattresses shall have a washable surface and be sanitized at least semiannually.

3. Blankets shall be issued upon arrival and shall be washed at frequent intervals to maintain clean condition, but at least once every 60 days, and always before reissue.

C. Personal Care Items.

1. Personal care items issued to each prisoner in detention and correctional facilities shall include, but not be limited to, soap and towel. Female prisoners shall be supplied with necessary feminine hygiene items.

2. Toothpaste or powder, toothbrush and comb shall be available for purchase by all prisoners; provided, that prisoners without funds shall have access to these minimum items without cost. (Res. 34-88 Ch. 33, 1988).

1.40.350 Sanitation.

A. General Sanitation.

1. The county correctional facility shall be kept clean and in sanitary conditions, free from any accumulation of dirt, filth, rubbish, garbage and other matter detrimental to health.

2. Staff members shall insure that each prisoner shall clean his own living area daily. Convicted prisoners may be required to clean other space within the confinement area and pretrial detainees may be permitted to do so voluntarily.

B. Insects, Rodents and Pets.

1. Insects and rodents shall be eliminated by safe and effective means. Prisoners shall be removed from areas in which insecticides and rodenticide are being used.

2. Pets shall not be allowed in the correctional facility.

C. Laundry. County corrections facility shall maintain adequate laundry services. (Res. 34-88 Ch. 34, 1988).

1.40.360 Services.

A. Commissary.

1. The jail administrator and/or the sheriff of the county correctional facility shall establish, maintain and operate a commissary to provide prisoners with a list of approved items to be purchased at least once a week at local stores.

2. Commissary items shall include books, periodicals and newspapers, or the facility shall make arrangements to order any such items from publishers and/or local newsstands.

3. Proceeds from the facility store shall be used for operation and maintenance of the commissary service and/ or prisoner welfare expenses.

4. 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.

B. Hair Care. County correctional facility shall make reasonable arrangements to provide basic hair care.

C. Library Services. In consultation with state and/or local library service units, the county correctional facility shall make provision for library services.

D. Legal Assistance.

1. When adequate professional legal assistance is not available to prisoners for purposes of preparing and filing legal papers, the facility shall provide access to necessary law books and reference materials.

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

E. Religious Services.

1. Upon request from a prisoner, staff members shall arrange religious services or confidential religious consultation.

2. Prisoner religious services will be made available once per week.

3. Attendance at religious services shall be voluntary, and prisoners who do not wish to hear or participate shall not be exposed to such services.

F. Counseling – Not Mandatory. Prisoners shall not be required to receive counseling services unless ordered by the appropriate court or the disciplinary review body. (Res. 34-88 Ch. 35, 1988).

1.40.370 Programs.

A. Exercise. Each prisoner shall be allowed three hours per week of physical exercise, to be scheduled no less than three separate days. If weather does not permit outdoor exercise, it shall be provided indoors. Indoor or outdoor exercise areas shall be equipped with appropriate equipment and supplies to permit varied exercise or recreation.

B. Work Programs. Participation in work programs by pretrial detainees shall be voluntary. (Res. 34-88 Ch. 36, 1988).

1.40.380 Telephone usage.

A. Payment and Calls. 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.

B. Monitoring. Location of telephone facilities shall insure reasonable privacy, and telephone conversations shall not be monitored, tape-recorded or spot-checked except by court order. (Res. 34-88 Ch. 37, 1988).

1.40.390 Mail.

A. Incoming Mail.

1. Prisoners shall generally be permitted to subscribe to and otherwise 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 facility security or the welfare of prisoners or staff.

2. When such materials are withheld from a prisoner:

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

b. The affected prisoner shall be promptly informed of his right to have such decision reviewed by the disciplinary hearing body, the jail administrator and/or the sheriff upon written request;

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

3. Correspondence.

a. Incoming or outgoing mail shall be retained not more than one business day.

b. Except in the case of prisoners without funds, prisoners shall be permitted to mail out any number of letters. Prisoners without funds shall be permitted to mail up to three letters per calendar week at public expense or with postage purchased from the prisoner welfare fund, provided upon proper showing the number may be increased. Each prisoner shall be permitted to mail out any number of letters to his attorney, and the courts.

c. No restriction shall be placed on the number of letters a prisoner may receive or on the persons with whom he may correspond, except by court order of a court of competent jurisdiction, or as provided herein.

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

B. Mail.

1. Opening/Censoring Mail.

a. No general restriction of 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.

b. Incoming mail shall not be censored, but may be opened and inspected for contraband, cash and checks and may be perused for content when the responsible staff person designated by the jail administrator and/or the sheriff, has reasonable grounds to believe that the content of a letter may present a clear and present danger to facility security, or violates state or federal law. Whenever mail is not delivered by the staff directly to the prisoner to whom it is addressed, it shall be resealed.

c. Except by order of a court of competent jurisdiction, outgoing mail shall not be opened, unless the responsible staff member designated by the jail administrator has reasonable grounds to believe that the content of a letter may present a clear and present danger to facility security, or violates state or federal law.

2. Notice of Disapproval of Prisoner Mail.

a. When a prisoner is prohibited from sending a letter, the letter and a written and signed notice stating the reasons(s) for disapproval, and indicating the portion(s) of the letter causing disapproval shall be given the prisoner.

b. 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) for denial 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.

c. 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, jail administrator and/or sheriff upon written request shall be promptly informed of this right.

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

C. Limitations.

1. 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.

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

3. 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.

D. Packages.

1. Incoming.

a. If the facility allows prisoners to receive packages, all packages shall be opened and inspected.

b. Packages may be received only if the contents conform to rules adopted by the jail administrator and/or the sheriff 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.

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

3. Contraband. Items which are not permitted by facility rules may be destroyed upon the prisoner’s written request, placed in the prisoner’s personal property box, or returned collect to the sender. A receipt for permissible items received in the mail, including money or checks, shall be signed by a staff member and a copy thereof promptly delivered to the prisoner. 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, 9A.76.160 or other applicable statute(s). (Res. 34-88 Ch. 38, 1988).

1.40.400 Visitation.

A. General.

1. Contact visitation should be provided for those prisoners determined to present a minimal degree of risk to the safety and security of the institution.

2. The degree of security required for each prisoner during visitation shall be determined by the person or persons responsible for classification under OCC 1.40.140.

B. Special Visits.

1. The jail administrator and/or the sheriff shall establish and post rules governing regular visits and specifying times therefor.

2. All unsentenced prisoners and sentenced prisoners who have been in custody for more than 30 days shall be allowed a minimum of three hours total visitation per week. Those prisoners who have been in custody for less than 30 days shall be allowed a reasonable amount of visitation.

C. Juveniles. Except for immediate family members, visitors 17 years of age and under shall be accompanied by a parent or guardian.

D. Special Visits. The jail administrator and/or the sheriff or his designee may grant special visitation privileges to visitors who have traveled long distances, to visitors for hospitalized prisoners, and for other unusual circumstances. Identification may be required to visit.

E. Business – Professional Visits.

1. Each prisoner shall be allowed confidential visits from his attorney or legal assistants and his pastor.

2. By prior arrangement with the jail administrator and/or the sheriff or his designee, a prisoner shall be allowed confidential visits for business or educational reasons.

F. Law Enforcement Visits. Law enforcement professionals shall be allowed to interview prisoners at any reasonable times.

G. Visitor Regulations.

1. Signs giving notice that all visitors and their accompanying possessions are subject to search shall be conspicuously posted at the entrances to the facility and at the entrance of the visiting area.

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

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

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

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

c. Request from prisoner’s physician;

d. Request from the prisoner;

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

H. Visitation Refusal. Whenever a visitor is refused admittance during regular visiting hours, the prisoner shall receive notice of the refusal stating the reasons therefor. The affected prisoner is entitled to have such decision reviewed by the disciplinary hearing body, the jail administrator and/or the sheriff upon written request and shall be promptly informed of this right. A written decision of the reviewing body’s determination stating the reasons(s) therefor shall be furnished the prisoner who requested such review. (Res. 34-88 Ch. 39, 1988).