HomeMy WebLinkAbout2195RESOLUTION NO. 2195
A RESOLUTION adopting jail facility operating
standards for the Bremerton City Jail.
WHEREAS, a recently enacted state law contained in
Chapter 462, Laws of 1987, requires cities to adopt jail facility
operations standards to replace state standards by January 1,
1988, after considering guidelines established collectively by
Washington cities and towns; and
WHEREAS, the Association of Washington Cities has
adopted the current Corrections Standards Board "Custodial Care
Standards" contained in Chapters 289-02 and 289-14 through 24 of
the Washington Administrative Code as a recommended guideline,
and the Washington Association of Sheriffs and Chiefs has
modified the state administrative code sections to make them more
appropriate for local jurisdictions; now, therefore
BE IT RESOLVED BY THE BREMERTON CITY COUNCIL
That those custodial care standards for holding facilities
attached hereto as Exhibit "A" are adopted as standards for
operating the Bremerton municipal jail as a thirty (30) day
detention facility.
PASSED by the City Council of the City of Bremerton this 30th
day of December, 1987.
SPENCER HORNING
President, City Council
APPROVED this 31day of December, 1987.
GENE LOBE, Mayor
ATTEST:
KATHLEEN L. McCLUSKEY, Clerk
1
' ~' ×HIBIT A
CUSTODIAL CARE STANDARDS
FOR
HOLDING FACILITIES
Chapter
Page
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
Physical Plant Standards-- - ....... 1
Emergency Suspension of Custodial Care Standards ......... 1
General Administration ..... !
Training ....
Records-
Emergency Procedures
Fire prevention/Suppression-
Overcrowding
Use of Force-
-3
Admissions
6
Pre Classification---
Orientation
--12
12
Classification and Segregation
Good Time -
Release and Transfer-
Transport--
Staffing--
Supervision and Surveillance
Critical Articles---
Prisoner Rights
Rules of Conduct--
Discipline
....... 12
..... 15
..... 16
...... 16
...... 16
..... 17
.... 18
20
23
Grievance Procedure
Written Procedures for Medical Services
Health Care Policies
Health Screening-
Access to Health Care.
Health Care Training--
Medications Control
Health Care Records
Special Medical Issues
Access to Facilities
Food-- "
Clothing, Bedding, Etc.
Sar'~itation
Programs ................
Telephone Usage
Mail-
Visitation ........
24
24
25
....... 25
..... 25
..... 26
...... 27
--28
29
29
......... 30
........ 30
....... 31
....... 32
35
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40
CHAPTER 1
PHYSICAL PLANT STANDARDS
Applicable: ALL
Standard Ref. 1.01.00
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.
CHAPTER 2 EMERGENCY SUSPENSION OF CUSTODIAL CARE STANDARDS
Applicable: ALL
Standard Ref. 2.01.00
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 Standard 8.01.00
CHAPTER 3 GENERAL ADMINISTRATION
Applicable: ALL
Standard Ref. 3.01.00
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.
CHAPTER 4
TRAINING
Applicable: 30
Standard Ref. 4.01.00
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.
Page 1
TRAINING
Cont.
Applicable: 30 Standard Ref. 4.02.00
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 the six
months of their employment unless training has already been received.
Applicable: ALL
Confidentiality.
CHAPTER 5
RECORDS
Standard Ref. 5.01.00
All holding facility personnel shall be advised of the statutory
provisions for confidentiality of jail records under RCW 70.48,100(2)-
Applicable: ALL Standard Ref. 5.02.00
Individual prisoner records.
An individual file or record shall be kept for each prisoner.
Applicable: ALL Standard Ref. 5.02.01
If formal booking occurs in the facility, the information shall be
recorded on a booking form.
Applicable: 30 72
Standard Ref. 5.03.00
Medical.
Any prisoner medical information other than that included in the
prisoner's individual file under Standard 5.02.00 shall be maintained
separately to the extent necessary to maintain confidentiality.
Applicable: ALL Standard Ref. 5.03.01
Any medical problems experienced by a prisoner while in the facility shall
be recorded and such records maintained. Information co~cerning medical
problems shall be transmitted at the time the prisoner is transported to
another jail, hospital, or other fa-~cility.
Page 2
RECORDS
Cont.
Applicable: ALL Standard Ref. 5.04.00
Prisoner population accounting.
Each holding facility shall keep a jail register as required by RCW
70.48.100
Applicable: ALL Standard Ref. 5.05.00
Infraction and disciplinary-
Written records shall be maintained for all incidents which result in
major property damage or bodily harm.
Applicable: 30 72 Standard Ref.
Activity log.
A log of daily activity shall kept within the facility.
5.06.00
Applicable: 30 72
Standard Ref. 5.07.00
Personnel.
Performance and training records should be maintained for each staff
member employed by the facility.
CHAPTER 6 EMERGENCY PROCEDURES
Applicable: ALL
Standard Ref. 6.01.00
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.
Applicable: ALL Standard Ref. 6.01.01
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.
Page 3
EMERGENCY PROCEDURES
Cont.
Applicable: ALL Standard Ref. 6.01.02
Emergency plans shall always be available to the authorized person in
charge of the jail.
Applicable: ALL Standard Ref.
All personnel should be trained in the emergency procedures.
6.02.00
CHAPTER 7 FIRE pREVENTION/SUPPRESSION
Applicable: ALL Standard Ref. 7.01.00
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.
CHAPTER 8
OVERCROWDING
Applicable: ALL Standard Ref. 8.01.00
No prisoner shall be required to sleep on a maQtress 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 provisicris
are necessary to prevent the prisoner from damaging property, inflicting
bodily harm to himself or others, or substantially compromising the
security of the jail.
CHAPTER 9 USE OF FORCE
Applicable: ALL Standard Ref. 9.01.00
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 a~d the use of deadly force, which
shall be consistent with this section.
Applicabl...: ALL Standard Ref. 9.02.00
Only lawful and reasonable force to the person of a prisoner shall be
used.
Page 4
USE OF FORCE
Cont.
Applicable: ALL Standard Ref. 9.03.00
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.
Applicable: ALL
Standard Ref. 9.04.00
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. Said determination
shall be made a matter of record.
Applicable: ALL Standard Ref. 9.05.00
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 bei deadly force.
/
/
Applicable: ALL Standard Ref. 9.06.00
The "choke hold" means any hold or restraint specifically designed to
/
Applicable: ALL Standard Ref. 9.07.00
The carotid sleeper ~old 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.
Page 5
USE OF FORCE
Cont.
Applicable: ALL Standard Ref. 9.08.00
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.
Applicable: ALL Standard Ref. 9.09.00
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.
Applicable: ALL
Authorized confinement.
CHAPTER 10
ADMISSIONS
Standard Ref. 10.01.00
No prisoner shall be confined without proper legal authority.
Applicable: ALL.
Standard Ref. 10.02.00
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 bo0king form: Provided,
That appropriate protection of access to an attorney shall be maintained
for prisoners without funds.
Applicable: ALL Standard Ref. 10.03.00
Language problems.
Reasonable provisions for commu:~ication with non-English speaking,
handicapped and illiterate prisoners shall be provided.
Page 6
ADMISSIONS
Cont.
Applicable: ALL Standard Ref. 10.04.00
Booking process.
The booking process shall be completed promptly unless extenuating
circumstances necessitate delay.
Applicable: ALL
Standard Ref. 10.05.00
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.
Applicable: ALL Standard Ref. 10.05.01
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.
Applicable: ALL Standard Ref. 10.05.02
No strip search shall be conducted except pursuant to the written policies
and procedures required by Standard 10.05.00.
Applicable: ALL Standard Ref. 10.05.03
No prisoner, other than a person committed to incarceration by order of a
court or a person held for postconviction incarceration for a criminal
offence, 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 the court for purposes of this section unless
the court issuing ti~e 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.
Page 7
ADMISSIONS
Cont.
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 cencealed 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:
(i) The nature of the offense for which the person to be searched was
arrested;
(ii) The prior criminal record of the person to be searched; and
(iii) Physically violent behavior of the person to be searched, during or
after arrest.
Applicable: ALL Standard Ref. 10.05.04
Reasonable suspicion shall be deemed to be present when the prisoner has
been arrested for:
(i) A violent offense as defined in RCW9.9a.030(17) or any successor
statute;
(ii) An offense involving escape, burglary, or the use of a deadly weapc~!~
or
(iii) 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.
Applicable: ALL Standard Ref. 10.05.05
A written record or records of any strip search shall be maintained in !-.he
individual file of each person strip searched, which record(s) shall
contain the following information:
(i) The na~.e and serial number of the officer conducting the strip search
and of all others present or observing any part of the strip search;
(ii) The time, date and place of the strip search; and
(iii) 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:
(iv) The ~I~ame of the supervisor authorizing the strip search; and
(v) The specific facts constituting reasonable suspicion to believe the
strip search was necessary.
Page 8
ADMISSIONS
Cont.
Applicable: ALL Standard Ref. 10.06.00
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 (a) of this subsection.
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.
Applicable: ALL
Standard Ref. 10.07.00
Search procedures, general.
The following provisions shall apply to all strip searches and body cavit~
searches:
Strip searches and body cavity searches shall be conducted in a
professional manner which protects the pris6ner's dignity to the extent
possible.
Applicable: ALL
Standard Ref. 10.07.01
A strip search or body cavity search, as well as presearch undressing or
postsearch dressing shall occur at a location made ~rivate 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.
Applicable: ALL Standard Ref. 10.07.02
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
Standaud 10.08.02 of this section.
Page 9
ADMISSIONS
Cont.
Applicable: ALL (ADVISORY) Standard Ref. 10.07.03
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.
Applicable: ALL Standard Ref. 10.07.04
Persons conducting a strip search or body cavity search shall not touch
the person being searched except. as reasonably necessary to effeGtuate the
search of the person.
Applicable: ALL
Standard Ref. 10.08.00
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 associa~cd
with a body cavity search.
Applicable: ALL (ADVISORY) Standard Ref. 10.08.01
When a body cavity search is conducted by a licensed medical professio~l
of the opposite sex, an observer of the same sex as the prisoner should be
present.
Applicable: ALL Standard Ref. 10.08.02
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.
Page 10
ADMISSIONS
Cont.
Applicable: ALL Standard Ref. 10.08.03
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.
Applicable: ALL Standard Ref. 10.08.04
The report shall be retained as part of the agency's records.
Applicable: ALL (ADVISORY) Standard Ref. 10.09.00
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 prisoner.
Applicable: ALL (ADVISORY) Standard Ref. 10.10.00
Particularly when force has been used during arrest, all visible injuries
should be photographed.
Applicable: ALL Standard Ref. 10.11.00
Body vermin.
Any person with body vermin shall be treated appropriately.
Applicable: ALL Standard Ref. 10.12.00
Communicable diseases.
Prisoners suspected of having a communicable disease detrimental to the
health of the other prisoners shall be segregated.
Page 11
ADMISSIONS
Cont.
Applicable: ALL
Standard Ref. 10.13.00
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.
Applicable: ALL
Standard Ref.'10.14.00
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
Applicable: 30 (ADVISORY FOR 72~ Standard Ref. 10.15.00
Writing paper.
Upon prisoner request, a reasonable supply of writing material shall be
furnished.
CHAPTER 11 PRECLASSIFICATION PROCEDURES
Applicable: ALL Standard Ref. 11.01.00
Prior to classification, reasonable precautions shall be taken to insure
the'safety and welfare of prisoners and the security of the institution.
CHAPTER 12 ORIENTATION
Applicable: ALL Standard Ref. 12.01.00
As soon as reasonable after booking, the prisoner shall be advised of any
facility rules and regulations. His questions shall be answered.
CHAPTER 13 CLASSIFICATION and SEGREGATION
Applicable: ALL Standard Ref. 13.01.00
Clasc. ification procedures.
Written classification procedures shall be included in the policies and
procedures.
Page i'2
CLASSIFICATION and SEGREGATION
Cont.
Applicable: ALL Standard Ref. 13.02.00
Classification,
The department of corrections, chief law enforcement officer, or his
designee, shall be responsible for classification in accordance with
written procedures.
Applicable: 30 72 Standard Ref. 13.03.00
Classification training.
At least one staff person per shift shall be trained in the facility's
classification procedures and shall be responsible for classification-
Applicable: ALL
Standard Ref. 13.04.00
Classification criteria.
To the extent possible in the available physical plant, the following
classification criteria shall be used. If Standard 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.
Applicable: ALL Standard Ref. 13.04.01
The primary criteria for classification shall be safety of the prisoner
and the security of the institution.
Page 13
CLASSIFICATION and SEGREGATION
Cont.
Applicable: ALL
Standard Ref. 13.04.02
Juvenile.
No juvenile shall be held in a jail without sight and sound separation
from adult prisoners. For purposes of this standard, a ~uvenile 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 adult 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
statute does not constitute a "transfer".
Applicable: ALL Standard Ref. 13.04.03
A juvenile shall not be confined in a jail or holding facility for adults,
except:
(a) 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 tl"~
sight and sound of adult inmates; or
(b) For not more than six hours and pursuant to a lawful
detention in the course of an inves%igation, a juvenile may
be held in an adult facility provided that the confinement
is separate from the sight and sound of adult inmates.
Applicable: ALL Standard Ref. 13.04.04
Females shall be segregated from visual and physical contact with male
prisoners except under continual supervision of a staff person.
Applicable: ALL Standard Ref. 13.04.05
Special problera prisoners who endanger the health or safety of other
prisc,ners shall be segregated and closely supervised.
Page 14
CLASSIFICATION and SEGREGATION
Cont.
Applicable: 30 72 (ADVISORY)
Standard Ref. 13.04.06
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.
Applicable: ALL
Standard Ref. 13.04.07
Factors to be considered in classification include, but are not limited
to, age, type of crime, pretrial versus post trial status, and offender
sophistication.
CHAPTER 14 GOOD TIME
Applicable: 30 72 (ADVISORY)
Standard Ref. 14.01.00
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 insure 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.
Applicable:
Release.
ALL
CHAPTER 15
RELEASE and TRANSFER
Standard Ref.15.01.00
The releasing officer shall determine prisoner identity and ascertain that
there is legal authority for the release.
Applicable: 30 72 Standard Ref. 15.02.00
The information required on the release forms shall be recorded for each
prisoner released from the facility.
Page 15
RELEASE and TRANSFER
Cont.
Applicable: ALL Standard Ref. 15.03.00
All prisoners being released shall sign a witnessed receipt for personal
property returned.
Applicable: ALL Standard Ref. 15.04.00
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.
.CHAPTER 16 TRANSPORTATION
Applicable: 30 72
Standard Ref. 16.01.00
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 officer, or his designee shall develop and maintain
instructions which insure the safety of the prisoners and staff.
CHAPTER 17 STAFFING
Applicable: ALL
Standard Ref. 17.01.00
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.
Applicable: ALL
Standard Ref. 17.02.00
Same sex staffing.
A jail staff member of the same sex as the prisoner shall be available in
a reasonable time for all custodia! activities which involve intimate
physical contact or activities which are commonly afforded reasonable
protection against opposite sex obseIvation 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.
Page 16
STAFFING
Cont.
Applicable: ALL Standard Ref. 17.03.00
Surveillance.
There shall be continual sight and/or sound surveillance of all prisoners.
Applicable: ALL Standard Ref. 17.03.01
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 the more
stringent personal observation and supervision requirements of other
sections.
Applicable: ALL Standard Ref. 17.04.00
Each prisoner shall be personally observed by staff at various times.
prisoner checks shall be recorded in writing and retained in the jail
records.
All
Applicable: ALL Standard Ref. 17.04.01
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.
SUPERVISION and SURVEILLANCE
Standard Ref. 18.01.00
CHAPTER 18
Applicable: ALL
Prisoner identification.
All holdinq facilities shall establish a means of identifying prisoners.
Applicable: ALL Standard Ref. 18.02.00
Perimeter security.
Perimeter security shall be maintained within existing physical plant
limitations.
Page 17
SUPERVISION and SURVEILLANCE
Cont.
Applicable: ALL Standard Ref. 18.03.00
Security devices.
Minimum necessary security devices shall be maintained in proper working
condition at all times.
Applicable: ALL Standard Ref. 18.04.00
Prisoner authority.
No prisoner shall be permitted to have authority over other prisoners.
Applicable: 30 (ADVISORY FOR 72) Standard Ref. 18.05.00
Prisoner counts.
A system shall be maintained for taking and recording prisoner counts as
necessary.
Appl icab].e: ALL
Standard Ref. ~8.06.00
Contraband control.
All holding facilities shall establish and maintain a written procedure
regarding searches of prisoners, ~isitors, and the facility to prevent
introduction of contraband. All!jails which permit visiting shall post
sign displaying the penalty for ~he introduction of contraband. RCW
/
9A.76,010, 9A.76.140, 9A.76,150 9A.76,160.)
CHAPTER 19 CRITICAL ARTICLES
Standard Ref 19 01 00
Applicable: ALL
All holding facilities shall establish written procedures to insure that
weapons shall be inaccessible to prisoners at all times.
Applicable: ALL (ADVISORY) Standard Ref. 19.02.00
Weapon lockers should be located outside of booking and confinement
areas.
Page 18
CRITICAL ARTIC!,ES
Cont.
Applicable: ALL (~DVISORY) Standard Ref. 19.03.00
Whenever possible, keys to weapon lockers be located outside of booking
and confinement areas.
Applicable: ALL Standard Ref. 19.04.00
Keys and locking devices
Key regulations shall be established by thedirector of the department of
corrections, chief law enforcement officer, or his designee.
Applicable: ALL Standard Ref. 19.04.01
A control point shall be designated for key cataloging and logging the
distribution of keys.
Applicable: ALL Standard Ref. 19.04.02
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.
Applicable: ALL Standard Ref. 19.04.03
All keys not in use shall be stored in a secure are~ inaccessible to
prisoners.
Applicable: ALL Standard Ref 19.04.04
Emergency keys shall be marked and place'] where they may be quickly
identified in case of an emergency.
Applicable: ALL
Keys shall be accounted for at all times.
Standard Ref. 19.04.05
Page 17
CRITICAL ARTICLES
Cont.
Applicable: ALL Standard Ref. 19.04.06
Jail facility keys shall never be issued to a prisoner.
Applicable: ALL
Standard Ref. 19.04.07
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.
Applicable: ALL
Standard Ref. 19.05.00
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
CHAPTER 20 PRISONER RIGHTS
Applicable:
(ADVISORY for 30 day, 72 hour)
(6 hour - see Standard 12.01.00)
Standard Ref. 20.01.00
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 attorneS~'~
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.
Applicable: 30
Rules established
CHAPTER 21 RULES OF CONDUCT
72 Standard Ref. 21.01.00
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 pri~,oners which rules shall
designate major and minor infractions.
Applicable: 6 Standard Ref. 21.01.01
Appropriate rules relating to the imposition of discipline, if any, shall
be established in writing.
Page 20
RULES OF CONDUCT
Cont.
Applicable: 30 72
Standard Ref. 21.02.00
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.
Applicable: 6 Standard Ref. 21.02.01
Prisoners shall be informed of facility rules and sanctions, if they are
established.
Applicable: ALL
Standard Ref. 21.03.00
Major infractions.
If major infractions are handled within the facility, rather than as
criminal proceedings, all major infractions of the rules shall be reportecj
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.
Applicable: 30 Standard Ref. 21.03.01
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 imDose sanctions.
Applicable: 30 (ADVISORY) Standard Ref. 21.03.02
It is recommended, but not required, that there be a committee of two or
more staff to perform the function of disciplinary committee
Applicable: 30 Standard Ref. 21.03.03
.'.ny facility staff member involved in a charge shall not be allowed to
participate as a hearing officer with respect to that charge.
Page 21
RULES OF CONDUCT
Cont.
Applicable: 30
Standard Ref. 21.04.00
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.
Applicable: 30 Standard Ref. 21.04.01
At least twenty-four hours prior to hearing, the prisoner shall receive
copy of the written infraction report made in conformante with Standard
21.03.00. If the prisoner is illiterate, the infraction report shall be
read to him.
Applicable: 30 Standard Ref. 21.04.02
The prisoner alleged to have committed a major infraction shall have, and
be promptly advised of, the following rights:
(a) The prisoner shall have the right to be present at al~
stages of the hearing, except during'the decisional
deliberations;
(b) 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 undu]~¥
hazardous to institutional safety or correctional goals, j.~
which case the prisoner shall be given a written statement
of the reasons for such judgements and the prisoner's record
shall contain a statement with regard to such grounds.
(c) A prisoner who is unable to represent himself in suc~ a
hearing shall be informed of his right to be assisted by
another person in understanding and participating in the
proceedings;
(d) 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
(e) 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.
(1) All disciplinary proceedings shall be recorded.
(2) There shall be a finding of guilt based on the
preponderance of evidence before imposition of a
sanction.
Page 22
RULES OF CONDUCT
Cont.
Applicable: ALL
Standard Ref. 21.05.00
Minor infractions.
Minor infractions may be handled by any staff person 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.
CHAPTER 22 DISCIPLINE
Applicable: ALL Standard Ref. 22.01.00
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.
Applicable: ALL
Standard Ref. 22.02.00
Acceptable forms of discipline shall include but not be limited to, the
following:
(a) Loss of privileges
(b) Removal from work detail or other assignment
(c) Recommendation of forfeiture of "good time" credit
(d) Transfer to the maximum security or segregation
section.
Applicable: ALL
Standard Ref. 22.03.00
Limitetions on punishment.
(a) No prisoner or group of prisoners shall be given
authority to administer punishment to any other prisoner or
group of prisoners.
(b) Deprivation of regular feeding, clothing, bed, bedding,
or normal hygienic implements. and facilities shall not be
used as a disciplinary sanction.
(c) Correspondence privileges shall not be denied or
restricted, except in cases where the prisoner has violated
correspondence regulations. In no case shall the
correspon.~.ence privilege with any member of the bar, holder
of lublic office, the courts,.and the department of
corrections or chief law enforcen~.~nt officer be suspended.
(d) Restrictions on visitation.
(1) Visitation privileges should ~ot be denied or
restricted as a sanction for infractions of rules of
the institution unrelated to visitation. (ADVISORY)
(2) Under no circumstances shall attorney-client
visitsbe restricted.
Page 23
DISCIPLINE
Cont.
22.03.00
Continued
(e) 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 any one hearing.
(f) Corporal punishment and physical restraint (e.g.,
handcuffs, leather restraints, and strait jackets) shall not
be used as sanctions.
CHAPTER 23 GRIEVANCE PROCEDURES
Applicable: 30 72 (ADVISORY)
Standard Ref. 23.01.00
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.
CHAPTER 24 WRITTEN PROCEDURES FOR M~I~ICAL SERVICES.
Applicable: ALL
Standard Ref. 24.01.00
There shall be on file, in the jail, a written procedure which provides
that necessary medical services will be provided twenty-four hours a da~!I
by one or n~c~re of the following:
(a) A licensed physician.
(b) A health care professional supervised by a licensed
physician.
(c) A hospital or clinic.
Applicable: ALL Standard Ref. 24.02.00
Security.
All providers of medical services in holding facilities shall observe the
security regulations which apply to jail personnel.
Applicable: ALL Standard Ref. 24.03.00
Licensing and certifications.
Medical services shall be provided only by licensed or certified health
care providers.
Page 24
CHAPTER 25 HEALTH CARE POLICIES
Applicable: ALL Standard Ref. 25.01.00
Written standard operating procedures shall consist of but not be limited
to the following:
a.
b.
c.
d.
e.
Receiving screening.
Non emergency medical services.
Deciding the emergency nature of illness or injury.
First-aid.
Notification of next of kin or legal guardian in case of
serious illness,injury or death.
f. Screening, referral and care of mentally ill and
retarded inmates, and prisoners under the influence of
alcohol and other drugs.
g. Detoxification procedures; and
h. Pharmaceuticals.
CHAPTER 26 HEALTH SCREENING
Applicable: ALL Standard Ref. 26.01.00
Receiving screening shall be performed on all prisoners upon admission to
the facility, and the findings recorded on a printed screening form.
Applicable: ALL
Standard Ref. 26.01.01
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 non
emergency 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.
CHAPTER 27 ACCESS TO HEALTH CARE
Applicable: 30 72 (ADVISORY for 6 hour) Standard Ref. 27.01.00
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.
Applicable: ALL Standard Ref. 27.02.00
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.
Applicable: 30 72 (ADVISORY) Standard Ref. 27.03.00
Work release prisoners should be allowed to see their own physician.
Page 25 ,
ACCESS TO HEALTH CARE
Cont.
Applicable: ALL Standard Ref. 27.04.00
Emergency care.
Standard first-aid kits shall be conveniently available to all jails.
Applicable: ALL
Standard Ref. 27.05.00
Emergency medical and dental care shall be available on a twenty-four hour
basis in accordance with a written plan which includes:
(a) Arrangements for the emergency evacuation of the
prisoner from the jail.
(b) Arrangements for the use of an emergency medical
vehicle.
(c) Arrangements for the use of one or more designated
hospital emergency rooms or other appropriate health
facilities.
(d) Arrangements for emergency on-call physician and
dentist services when an emergency health facility is not
located in a nearby community.
(e) Arrangements for emergency mental illness care for
prisoners.
CHAPTER 28 HEALTH CARE TRAINING
Applicable: ALL
Standard Ref. 28.01.00
Jail personnel shall be trained in standard first-aid equivalent to tha?
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:
a. Awareness of potential medical emergency situations.
(b) Notification or observation-determination that a
medical emergency is in progress.
(c) First-aid and resuscitation.
(d) Call for help, and
(e) Transfer to appropriate medical provider.
Applicable: ALL Standard Ref. 28.02.00.
At least one person per shift shall have training in receiving screening.
Applicable: ALL Standard Ref. 28.03.00
At least one person available per shift shall have training in basic 3ife
support cardiopulmonary Eesuscitation (CPR).
Page 26
HEALTH CARE TRAINING
Cont.
Applicable: ALL Standard Ref. 28.04.00
All persons delivering medication shall be properly trained.
CHAPTER 29 MEDICATIONS CONTROL
Applicable: ALL Standard Ref. 29.01.00
When a Pharmacy is operated within the jail, the Director of the
Department of Corrections, Chief of Police, or his designee shall maintain
standard operating procedures for the dispensing and administration of
medications.
Applicable: ALL Standard Ref. 29.02.00.
The standard operating procedures for medication dispensing and
administratio~ shall include, but not be limited to, policies regarding:
(a) Nonmedical jail personnel delivering medication(s) to
prisoners.
(b) Disposition of medication(s) brought in by prisoners at
the time of admissionlto the facility.
(c) The medications system, which shall insure 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 their
manufacturer. Medications shall not be transferred from the
original container except for the preparation of a dose
administration.
(d) Safeguards with regard to delivery of medications to
prisoners; and
(e) Disposition of unused medication(~)-
Applicable: 30 72 Standard Ref. 29.03.00
The standard operating procedures should include a policy regarding the
maximum security sEorage and weekly inventory of all controlled
substances, nonprescription medication(s), and any syringes, needles and
surgical instruments.
Applicable: 30 72 Standard Ref. 29.04.00
The person delivering medication shall be accountable for following the
order of the prescribing" physician.
Page 27
CHAPTER 30 HEALTH CARE RECORDS
Applicable: 30 72
Standard Ref. 30.01.00
Prisoner file maintenance.
Prisoner medical files shall contain the completed 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.
Applicable: 72 6 Standard Ref- 30.02.00
A record of the date, time, place and name of the health care provider
shall be retained on file at the jail tf any health care services are
provided to prisoners.
Applicable: ALL Standard Ref. 30.03.00
Prisoner file confidentiality.
Medical records shall be maintained separately from other jail records tc
the extent necessary to protect their confidentiality.
Applicable: ALL Standard Ref. 30.03.01
Medical records shall not be released to other persons or agencies withci.~l~
the written authorization of the prisoner.
Applicable: 30 72
Standard Ref. 30.04.00
The responsible physician or medical care prorider 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 securit~ and order.
Applicable: ALL Standard Ref. 30.05.00
Information regarding known serious health problems shall be communicated
to any transferring officer or receiving jail or correctional institution
at the tj~-~e of tra]~sfer.
Page 28
HEALTH CARE RECORDS
Cont.
Applicable: ALL Standard Ref. 30.06.00
The person delivering medications shall record the actual date and time of
the delivery.
Applicable: ALL
Informed consent.
CHAPTER 31
SPECIAL MEDICAL ISSUES
Standard Ref. 31.01.00
All examinations, treatments and procedures affected by informed consent
standards in the community shall likewise be observed for prisoner care.
Applicable: ALL Standard Ref. 31.02.00
Special medical.
JaL1 staff suspecting prisoner mental illness shall notify the appropriate
mental health authorities.
Applicable: 30 72 Standard Ref. 31.02.01
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.
CHAPTER 32
ACCESS TO FACILITIES
Applicable: 30 Standard Ref. 32.01.00
Regular bathing (shower) shall be permitted at least twice each week.
Applicable: ALL Standard Ref. 32.02.00
Each prisoner shall have access to toilet, sink, drinking water, and
adequate heat and ventilation.
Page 29
Applicable:
Meal service.
30 72
CHAPTER 33 FOOD
Standard Ref. 33.01.00
At least three meals a day shall be served at regular intervals. The
morning meal shall be served within fourteen hours of the previous days
evening meal.
Applicable: 30 72 (ADVISORY FOR 6) Standard Ref. 33.02.00
Nutritional and caloric intake.
Jail meals shall be nutritious,' and provide for appropriate caloric
intake.
Applicable: 30 72 (ADVISORY FOR 6) Standard Ref. 33.03.00
Jail menus shall be reviewed by the local county health department, the
county extension service, or other qualified nutrition consultant to
insure that diets approximate the dietary allowances specified.
Applicable: ALL Standard Ref. 33.04.00
Medically ordered diets shall be strictly observed.
AppliCable:
Clothing.
3O
CHAPTER 34 CLOTHING, BEDDING, ETC.
72 Standard Ref. 34.01.00
Provisions shall be made for separate insect proof clothing storage to
prevent migration of lice from infested clothing.
Applicable: 30 72
Standard Ref. 34.02.00
Each jail shall insure that prisoners outer garments are laundered and
made available to them at least once a week, and that prisoners
undergarments and sock are laundered and made available to them at least
twice a week.
Page 30
CLOTHING, BEDDING, ETC.
Cont.
Applicable: ALL
Standard Ref. 34.03.00
Bedding.
Prisoners shall be issued clean bedding within a reasonable time. Bedding
shall include, but not be limited to:
(a) A mattress which shall have awashable surface which
shall be sanitized at least semi-annually or more often if
needed
(b) A mattress cover or sheet which shall be washed weekly
or more often as needed, and always before reissue
(c) A blanket which shall be washed at frequent intervals
to maintain a clean condition, and always before reissue.
Applicable: 30 72
Standard Ref. 34.04.00
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.
Applicable: 30 72 Standard Ref. 34.04.01
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 igdigent prisoners shall have
access to these minimum items without cost.~
/Y
Applicable: 30 72 (ADVISORY)
Standard Ref. 34.04.02
additional personal items, the possession of s not substantially
/ ·
impede jail management or sec~Irity. /
Applicable: ALL
CHAPTER 35
SANITATION
/
Standard Ref. 35.01.00
General sanitation.
All jails shall be kept in a clean aI~d sanitary condition, free from any
accumulation of dirt, filth, rubbish, garbage, or other matter detrimental
to health.
Page 31
CLOTHING, BEDDING, ETC.
Cont.
Applicable: 30 (ADVISORY FOR 72 6) Standard Ref. 35.01.01
When the facility is occupied, the housekeeping program shall include a
daily general sanitation inspection and daily removal of trash and
garbage.
Applicable: ALL Standard Ref.
Each prisoner shall clean his own living area daily.
35.01.02
Applicable: ALL Standard Ref. 35.02.00
Insects and rodents.
Insects and rodents shall be eliminated by safe and effective means.
Applicable: ALL
Pets shall not be allowed in jail facilities.
Standard Ref. 35.02.01
Applicable: .30 72
Standard Ref. 35.03.00
Laundry.
Each jail shall arrange for adequate laundry services.
CHAPTER 36 PROGRAMS
Applicable: 30
Standard Ref. 36.01.00
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.
Applicable: 72
(ADVISORY)
Standard Ref. 36.01.02
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.
Page 32
PROGRAMS
Cont.
Applicable: 30 (ADVISORY) Standard Ref. 36.01.03
Commissary items shall include books, periodicals, and newspapers.
Applicable: 30 72
Standard Ref. 36.01.04
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.
Applicable: 30 (ADVISORY) Standard Ref. 36.02.00
Baltic hair care.
Reasonable arrangements should be made to provide basic hair care.
Applicable: 30 72 (ADVISORY)
Reading materials.
Each jail should provide for reading materials.
Standard Ref. 36.03.00
Applicable: 30
Standard Ref. 36.04.00
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.
Applicable: 30 Standard Ref. 36.04.01
Facility rules shall not prohibit one prisoner from assisting another in
the preparation of legal papers.
Page 33
PROGRAMS
Cont.
Applicable: 30 (ADVISORY for 72 hour) Standard Ref. 36.05.00
Religious services.
Upon reasonable request from a prisoner, the jail facility staff shall
arrange for confidential religious consultation.
Applicable: 30 (ADVISORY) Standard Ref. 36.05.01
Holding facilities with an average daily population of twenty'five or more
should arrange for weekly religious services.
Applicable: 30 (ADVISORY) Standard Ref. 36.05.02
Prisoners should be permitted to observe religious holidays and receive
sacraments of their faith.
Applicable: 30 Standard Ref. 36.05.03
Attendance at religious services shall be voluntary.
Applicable: 30 72 (ADVISORY) Standard Ref. 36.06.00
Counseling, guidance, and ancillary services
Counseling services should be available to provide prisoners in holding
facilities with an opportunity to discuss their problems.
Applicabke: 30 72 (ADVISORY)
Standard Ref. 36.06.01
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.
Applicable: ALL Star~dard Ref. 36.06.02
Prisoners are not required to receive counseling services unless ordered
by the appropriate court or the disciplinary review body.
Page 34
Applicable:
Exercise.
PROGRAMS
Cont.
30 72 (ADVISORY)
Standard Ref. 36.07.00
Each prisoner should be allowed an opportunity for physical exercise.
Applicable: 30 (ADVISORY) Standard Ref. 36.08.00
Work programs.
The department of corrections or chief law enforcement officer may
establish work programs.
Applicable: ALL Standard Ref. 36.08.01
Participation in work programs by pretrial detainees shall be voluntary.
Applicable: 30 72 (ADVISORY)
Standard Ref. 36.09.00
Education or training programs.
The director of the department of corrections, chief law enforcement
officer, or hid designee may allow the prisoner to contact or be contacted
by community representatives of education or training programs.
Applicable: 30 (ADVISORY) Stahdard Ref. 36.10.00
Leisure time activity programs.
Holding facilities should provide opportunities for all prisoners to
participate in leisure time activities.
Applicable: 30
Telephone Usage.
CHAPTER 37 TELEPHONE USAGE
(ADVISORY for 72 & 6 ) Standard Ref. 37.01.00
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).
Page 35
TELEPHONE USAGE
Cont.
Applicable: ALL Standard Ref. 37.02.00
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.
Applicable: ALL
Standard Ref. 37.03.00
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.
Applicable: ALL
Standard Ref. 37.04.00
Location of telephone facilities shall insure reasonable privacy, and
telephone conversations shall not be monitored, tape recorded, .or
spot-checked except by court order.
Applicable: ALL Standard Ref. 37.05.00
Reasons for calls shall be the personal concern of the prisoner, except
consideration of requests for emergency calls beyond normal telephone
hours.
CHAPTER 38 MAIL
INTRODUCTION
Standard Ref. 38.01~00
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 provisions in this chapter..
Applicable: 30
Standard Ref. 38.02.00
Newspapers, books, periodicals, or other'printed materials, a~d
photographs.
Prisoners shall generally be permitted to recei'~'e 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.
Page 36
MAIL
Cont.
Applicable: 30 Standard Ref. 38.02.01
If such materials are withheld from a prisoner:
(a) The prisoner shall receive 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 director of the department of corrections,
the chief law enforcement, or his designee officer upon
written request.
(c) A written decision of the review of the denial,
including reason(s), shall be given to the prisoner
requesting review.
Applicable: 30
Standard Ref. 38.03.00
General Correspondence
Incoming or outgoing mail shall be retained no more than one business day.
(a) 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 officf~ls.
prisoners without funds shall be permitted to ~nail up to
three letters per calendar week at public ex[ense:
Provided, That no limit may be set on the numier of
letters which may be sent to the prisoner's attorney or to
the courts.
(b) 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 (c) of this subsection.
(c) These rules shall not preclude a prisoner being
required to place his name and return post office address on
outgoing mail.
Applicable: 30 Standard Ref. 38.04.00
Opening or censoring mail.
No general restriction of the number of ~etters prisoners may receive or
of classes of persons with whom they may correspond shall be made by
facility rule or policy.
Page 37
MAIL
Cont.
Applicable: 30
Standard Ref. 38.04.01
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 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.
Applicable: 30
Standard Ref. 38.04.02
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 of federal law.
Applicable: 30
Standard Ref. 38.05.00
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.
Applicable: 30
Standard Ref. 38.05.01
When a prisoner is prohibited from receiving a letter, the letter and a
Ywritten 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
prohi~'~ited, indicating the reason(s) and. the sender's name.
Applicable: 30 Standard Ref. 38.05.02
When a prisoner is prohibited from sending or receiving mail, the affected
prisoner is entitled to have such decision reviewed by the discip]~inary
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.
Page ~8
MAIL
Cont.
Applicable: 30 Standard Ref. 38.05.03
A written decision of the review of such denial of mail shall be promptly
delivered to the prisoner.
Applicable: 30
Standard Ref. 38.06.00
Limitations.
Incoming mail of post conviction prisoners that is clearly marked as
coming from an attorney, court, or elected federal, state, county or city
officials shall be opened only in the presence of the addressee.
Applicable: 30
Standard Ref. 38.06.01
Mail to or from attorneys, courts or elected federal, state, county or
city officials shall not be read.
Applicable: 30
Standard Ref. 38.06.02
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 shal~ not apply to attorney-client mail or correspondence wit]
the courts.
Applicable: 30
Standard Ref. 38.07.00
Packages.
If a facility allows prisoners to send or receive packages:
(a) All packages shall be opened and inspected.
(b) 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.
(c) Outgoing packages of prisoner's personal property shall
be inspected to insure ownership and compliance with United
States postal regulations.
Page 39
MAIL
Cont.
Applicable: 30
Standard Ref. 38.08.00
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.
Applicable: 30 Standard Ref. 38.08.01
Permissible items received in the mail, including money or checks, shall
be recorded by a staff member and notification thereof given to the
prisoner.
Applicable: 30
Standard Ref. 38.09.00
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.
CHAPTER 39 VISITATION
Applicable: 30
(ADVISORY)
Standard Ref. 39.01.00
Security.
Visitation shall be provided for those prisoners determined to present
minimal degree of risk to the safety and security of the institution.
Applicable: 30 72
Standard Ref. 39.01.01
The degree of security required for each prisoner during visitation sha]i. 1
be determined by the person or persons responsible for classification
under Standards 13.04.02 through 13.04.08
Applicable:
30
(ADVISORY for 72 hour.)
Standard Ref. 39.02.00
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.
Page 40
VISITATION
Cont.
Applicable: ALL Standard Ref. 39.03.00
Business and professional visits.
Each prisoner shall be allowed confidential visits from his attorney or
legal assistants and his pastor at reasonable hours.
Applicable: 30 72 (ADVISORY)
Standard Ref. 39.03.01
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.
Applicable: ALL Standard Ref. 39.04.00
Visitor regulations.
Signs giving notice that all visitors and their accompanying possessions
are subject to search shall be conspicuously posted.
Applicable: ALL Standard Ref. 39.04.01
Any person may refuse a search but, subsequent to such refusal, may then
be denied entrance.
Applicable: ALL
Standard Ref. 39.04.02
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
s=ubstances.
(c) Request from the prisoner's physician.
(d) Request from the prisoner.
(e) 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.
Page 41
VISITATION
Cont.
Applicable: ALL
Standard Ref. 40.05.00
If a visitor is refused admittance during regular visiting hours:
(a) The prisoner shall receive notice of the refusal
stating the reasons therefor.
(b) 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.
Page 42