Santa Rosa - ACLU of Florida
Transcription
Santa Rosa - ACLU of Florida
SANTA ROSA COUNTY SHERIFF’S OFFICE Sheriff Wendell Hall General Order: O-001 Distribution: Issue Date: All Detention 11/25/2015 ADULT ADMISSION AND PROCESSING Effective Date: Review Date: Review 12/05/2015 11/23/2015 Responsibility: Security Operations Supervisor Standards: FCAC Rescinds/Amends: Forms: None 7.19, 9.01M, 9.02, 9.03, 9.04, 9.05M, 9.06M, 9.07M, 9.09M, 9.10M, O-001 (6/25/2015) 9.11, 10.08, 10.13, 10.23 FMJS 2.01, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07, 4.08, 4.09, 4.13, 5.08 PREA 115.15, 115.41, 115.42 POLICY It is the policy of the Santa Rosa County Sheriff’s Office to govern the admission of inmates into the facility and the Criminal Justice System. When receiving and admitting an inmate to a detention facility, the certified staff responsible for such admission shall inquire and reasonably determine that established rules, regulations, and legal procedures for such admission are met. Any legal or procedural questions concerning the admission of a person to a detention facility must be clearly resolved prior to completing the admission process. When a foreign citizen is received/admitted to a detention facility for any reason, the detention facility shall make notification using the guidelines as set forth by the U.S Department of State. [FMJS Sec. 4.01] (SOP 15.55) These procedures include at a minimum the following: 1. Upon admission, and for review by any inmate who makes bond prior to being dressed out a copy of the facility rules and regulations governing inmate behavior is available for review upon request. All housing areas have the inmate rules and regulations posted on the inmate kiosk. Rules and regulations incorporate classification criteria as to housing, programs and privileges. Inmates are given Sexual Assault/Abuse Awareness pamphlet in their property bag and information on Sexual Assault/Abuse is located on the inmate kiosk. If the inmate bonds out prior to being dressed out, a copy of the Sexual Assault Awareness pamphlet is posted on the bulletin board in ACR. Inmates will have an instruction sheet placed in their property bag to advise them of how to use the kiosk in their housing area. [FCAC 9.01M] [FMJS Sec. 4.06, 4.13] [PREA §115.33] 2. All established rules, regulations, and legal procedures are met and any questions are clearly resolved prior to completing the admission process. [FCAC 9.03] [FMJS Sec. 4.04] 3. A certified staff member of the same sex, and in compliance with Florida State Statute 901.21 and Florida State Statue 901.211 searches inmates upon admission. [FCAC 9.03, 9.04] [FMJS Sec. 4.03] 4. All cross-gender strip searches, cross-gender visual body cavity searches, and cross-gender pat-down searches of inmates conducted will be documented in an incident report. (Conducted only in exigent circumstances) [PREA § 115.15] 5. As part of the admission process, inmates are examined for contraband and permitted to bathe. Types of searches and search procedures are described in separate policy General Order, O-051. [FCAC 9.04] [FMJS Sec. 4.02] G. O. #: O-001 Effective: 12/05/2015 Page 1 of 26 6. Body cavity searches are conducted only by a trained physician followed by a complete written report submitted to the detention administrator. [FCAC 9.05M] [FMJS Sec. 4.03] 7. Unconscious, seriously ill or injured persons shall not be admitted to the facility, unless medically cleared. All preexisting injuries will be documented during admission. [FCAC 9.06M] [FMJS Sec. 4.04] 8. Certified male and female staff is on duty at all times to admit and supervise inmates. Inmates will be processed by a staff member of the same sex however; fingerprinting, photographing, and various paperwork tasks may be performed by staff members of different gender, provided other staff is present within sight and sound of the process. [FCAC 9.07M, 10.23M] [FMJS Sec. 4.05] 9. A complete inmate admission record is compiled on each inmate as described in the inmate classification procedure. 10. All persons booked into the facility are photographed. 11. All persons booked into the facility are fingerprinted with the exception of Conditional release violation (except DV), Civil Contempt child support (to include out of county), Marchman Act, those inmates returning on a previous case for execution of sentence, USM, FBOP, ICE, Housed for Military, Jimmy Ryce Act, Off Bond, and commits (serving a sentence). [FCAC 9.09M] [FMJS Sec. 4.08] 12. During the admission process, inmates are given access to a telephone to call their attorney, family, employer, and/ or others. [FCAC 9.11] [FMJS Sec. 4.09] 13. During admission, all detainees will receive a medical screening, administered by a trained health services staff member. PROCEDURE I. General Guidelines A. Detention staff will accurately and expeditiously receive and process all inmates admitted to the facility, including arrests, work release, holds for other agencies, transferred inmates and those turning themselves in. A Detention Deputy shall search and examine inmates’ personal property for weapons, contraband and money. Property will be handed to contract worker to inventory and log personal property on the property sheet. All items stored in personal property and those items allowed to be kept by the inmate will be documented on a property receipt. Contract worker and the inmate will verify and sign the inventory. Items taken will be kept in secure storage. [FMJS Sec. 4.07 (j)] B. The purpose for the efficient intake of all inmates is to: 1. Ensure that all inmates are properly identified. 2. Ensure that all Probable Cause Affidavits, Arrest Reports, Warrants, Court Orders and other relevant documentation are complete and accurate. 3. Properly receive record and secure all inmate property. 4. Properly complete medical, dental and mental health screening. 5. Record all basic personal data about the inmate. 6. Ensure the arresting deputy spends the minimum amount of time in the facility as possible. 7. Reduce the anxiety level of newly committed inmates. O-001 #: O-001 Effective: 12/05/2015 Page 2 of 26 II. Intake Procedures A. When an arresting deputy arrives in the sally port: 1. The arrestee will be in handcuffs and/or other restraints if necessary. 2. The arresting deputy will secure their weapon(s) in the gun locker or in their vehicle before entering into the security vestibule. 3. Plain clothes deputies, detectives, etc., will provide and display appropriate identification before being admitted into the security vestibule. 4. The arresting deputy will sign in the inmate in the security vestibule, documenting the name of the inmate, date, time, arresting deputy and agency (an exception is with the Marchman Act). B. All arrestees and inmates, with the exception of persons turning themselves in on active warrants, will be admitted through the sally port and Admission, Classification and Release (ACR security vestibule) The others mentioned may be admitted through the Central Control entrance and escorted to ACR or at the Supervisors discretion, walked around to the sally port and admitted through the ACR security vestibule. C. The arresting deputy will submit all necessary paperwork to the ACR Deputy who will check for the following information: 1. Arrestee’s name, date of birth, race, sex, charges and the arresting deputy’s name, signature and agency I.D. number. 2. Arresting deputy’s assessment of arrestee. The Detention intake Deputy will sign form (SRCJ 283) and verify the following: a. The Arresting Officer has signed their name/ID#, Agency name, date, verified all questions were answered, and explained, (if applicable). b. The Medical staff Nurse has signed their name and dated the form, (if applicable) c. The Intake Deputy has signed and dated the form. 3. If the arrestee answers “yes” to any question on the Arresting Officers Assessment, the Arresting officer will notify the Intake Deputy to have a Nurse respond to the intake vestibule to evaluate the inmate. D. Pat Down and Property Procedure: 1. Upon taking custody of the arrestee in the booking vestibule, the arrestee will remain handcuffed while the metal detector wand is scanned over their person/body for officer safety. A detention deputy will conduct a thorough frisk search (pat down) of the arrestee. There will be no exceptions to this order. 2. Every new intake that enters the intake vestibule will have the metal detector scanned over their property. The property items will have to be removed from the property box and scanned, (if applicable). 3. All detention deputies will wear protective gloves during physical contact with arrestees. 4. A detention deputy will conduct a thorough frisk search (pat down) of the arrestee. a. A certified staff member, of the same sex, will conduct inmate searches in compliance with Florida State Statute 901.21 and Florida State Statue 901.211. O-001 #: O-001 Effective: 12/05/2015 Page 3 of 26 b. All cross-gender strip searches, cross-gender visual body cavity searches, and cross-gender patdown searches of inmates conducted will be documented in an incident report. (conducted only in exigent circumstances) c. If the genital status of an inmate is unknown, it may be determined during conversations with the inmate, or as part of a broader medical examination conducted in private by medical personnel. d. Staff will not search or physically examine a transgender or intersex inmate for the sole purpose of determining the inmate’s genital status. [PREA § 115.15] 5. Deputies in the intake vestibule will ask the arrestee if he/she is gender non-conforming. (A person whose appearance or manner does not conform to traditional societal gender expectations) E. a. If the detainee states that he/she is, the detainee will be asked whether they prefer a male or female (or both) to pat search them. If the detainee stated that he/she is gender non-conforming, the deputy and detainee will complete a Statement of Search Preference Form (SRCJ 13-063) before conducting a pat search. The inmate will sign the form before a search is conducted. (If the subject is handcuffed behind his/her back, the deputy will position the handcuffs in front of him/her in order to facilitate the process.) b. The ACR Supervisor will be notified. The ACR supervisor will accommodate the pat down preference of the detainee, unless there is an exigent circumstance and no deputy of that gender is available or the failure to conduct a search will jeopardize the safety of staff or inmates. (This may require a male, female or both searching separate areas to complete). c. When the intake deputy has completed a Statement of Search Preference Form (SRCJ 13-063) he/she will document the incident in an incident report. The Statement of Search Preference Form, the original will be kept in the arrestee’s file (right side), a copy will be placed in Classification’s box. (Classification will scan and attach a copy of the Search Preference form into the inmate’s JailBook record). Maintain arrestees remain in camera view: 1. Instruct subject to face wall. 2. Keep subject off balance. (Maintaining control of cuffs in case subject struggles or resists) 3. Remove any jewelry (i.e. Necklaces, piercings, watches, and rings,) The arrestee may keep his/her wedding ring, if smooth without raised stones. (After inspection). 4. Remove any items in pockets. 5. Remove belts. (Place all items on intake counter to be inventoried) 6. Using the quadrant search approach. (Dividing the body into four sections) a. Upper: (Complete one section (left or right) before moving to the next section) 1) Check collar seams. (back to front) 2) Check shoulder seams. (left or right) 3) Check sleeves. (left or right) 4) Check upper torso. O-001 #: O-001 Effective: 12/05/2015 Page 4 of 26 • Male – pat the chest/back areas. (center of back from top to bottom) • Female – pat the chest/back areas. (center of back from top to bottom) ° Check bra area by running fingertips around the bra band and gently lifting and shaking. ° Check center of chest. (using the back of a flat hand) b. Lower: (Complete one section (left or right before moving to the next section) 1) Check waistband. 2) Check pockets. 3) Check groin/leg area • Using a flat hand. • Check zipper area. (flap) • Pat the inner and outer thigh while moving towards the feet. (Check pant seams) 7. The search shall include all articles of clothing on the arrestee’s person and items in the arrestee’s possession. Instruct subject to remove any excess clothing. (Each piece separately to ensure proper search and inventory of items) a. Squeeze item along seams. b. Visual check item for rips or other suspicious tears where contraband can possibly be concealed. c. Check pockets. 8. Instruct subject to remove shoes and socks. (Issue slides) a. Shake and visually inspect. b. Instruct subject to lift feet. (One at a time) c. Visually inspecting toes and sole of foot. F. 9. Artificial limbs will be thoroughly searched and the arrestee shall be allowed to retain the artificial limb if there is not a threat to facility security and order. 10. Detachable hair wigs/hairpieces will be removed and searched thoroughly in a secluded area. Inmates with hair loss as a result of illness will maintain the wig/hairpiece after the search. When it is a nonmedical cosmetic issue the wig/hairpiece will be stored in the inmate personal property. Items considered to be contraband will not be allowed to attach the wig/hairpiece (i.e. hair pins, hair glue, etc.). 11. The discovery of weapons, drugs or illegal items will be brought to the arresting deputy’s attention immediately. Authorized religious items: a. Upon intake if a new intake notifies staff that he/she cannot remove a particular garment due to religious O-001 #: O-001 Effective: 12/05/2015 Page 5 of 26 beliefs, the Deputy will immediately notify their supervisor. b. The supervisor will review the religious garment, and after being checked for contraband, return it to the inmate to retain, based on their religious beliefs, and as outlined below. An incident report documenting his/her actions will be completed. c. List of religious garments/caps: 1) Hijab: The removal of this garment will only be conducted in the absence of males, except in exigent circumstances. The Hijab will be removed by a female Deputy, checked for contraband and then returned to the inmate to place on her head. This garment will be allowed in the housing area. (photo of Hijab) *Housing- Once assigned to a housing area female Deputies will request inmates wearing Hijabs remove the garb for identification and strip search purposes. The removal of the garb will only be done in the absence of males, except exigent circumstances. 2) Niqab/Burqa: The removal of this garment will only be conducted in the absence of males, except in exigent circumstances. The Niqab/Burqa will be removed by a female Deputy, checked for contraband, and then returned to the inmate to place on her head. This garment will be allowed in the housing area. (photo of Niqab) *Housing- Once assigned to a housing area female Deputies will request inmates wearing Niqab/Burqa remove the garb for identification and strip search purposes. The removal of the garb will only be done in the absence of males, except in exigent circumstances 3) Kufi: Will be searched by Deputy upon intake and given back to inmate. This garment will be allowed in the housing area. (photo of Kufi) . 4) Kippah: Will be searched by Deputy upon intake and given back to inmate. This will be allowed in the housing area. (photo of Kippah) 5) Prayer rug: “Is a small carpet used by Muslims for kneeling on when praying”. Will be searched by a Deputy upon intake and put back into the inmates property to be provided to inmate during dress out procedure. This will be allowed in the housing area. O-001 #: O-001 Effective: 12/05/2015 Page 6 of 26 6) Prayer beads: “Are a string of beads used in prayer”. Will be searched by Deputy and placed back in inmates property to be provided to inmate during dress out process. This will be allowed in the housing area. (must be plastic- no metal) d. An Incident Report will be completed documenting all actions taken. G. Medical Screening (SOP 15.36) 1. It is the responsibility of both medical and security to ensure that any detainee in the booking area awaiting a medical intake screening assessment is seen by the nurse within two hours from the time the individual arrived at the jail. If the medical intake is not completed within the required time frame, documentation will be made, by both Medical and Detention staff, as to why it was not completed. 2. The detention deputy will observe the arrestee’s conduct, speech and behavior patterns. The deputy will attempt to ascertain if the arrestee exhibits suicidal or other tendencies that require special management. If special management is indicated, the shift/ACR supervisor will be notified immediately and special management procedures will be implemented immediately. 3. Any arrestee who threatens or speaks of suicide, or who makes gestures or attempts suicide will be screened by a facility nurse and placed on suicide precaution if deemed necessary by facility medical staff. 4. If medical staff refuses an inmate prior to booking (intake vestibule/sally port), and the inmate has a criminal charge, the inmate is in our custody at this time. We are responsible for the transport and custody of the inmate to the hospital based on medical staff determination. 5. It is not the responsibility of the arresting agency (GBPD, MPD, FHP, SRSO Patrol) to transport the subject to the emergency room or to ride in the ambulance. We can ask the arresting officer if they will transport the subject, if they refuse due to manpower on the road, it is our responsibility. If, GBPD, MPD or FHP transports the subject to the hospital, they need to be advised prior to the transport the subject cannot be left at the hospital. If they need to resume their duties on the road, they are to be advised to call the jail and we will send an officer to relieve them. H. A strip search of an arrestee during intake procedures will be accomplished only upon authorization of the shift /ACR supervisor as outlined under the control of contraband policy. 1. A certified staff member, of the same sex, will conduct inmate searches in compliance with Florida State Statute 901.21 and Florida State Statue 901.21searches inmates. 2. All cross-gender strip searches, cross-gender visual body cavity searches, and cross-gender pat-down searches of inmates conducted will be documented in an incident report. (Conducted only in exigent circumstances) [PREA §115.15] 3. If a detainee is classified as gender non-conforming, that person shall be changed out/strip searched by their preferred gender as noted on the Statement of Search Preference Form (SRCJ 13-063) unless there is an exigent circumstance and no deputy of that gender is available or the failure to conduct a search will jeopardize the safety of staff or inmates. O-001 #: O-001 Effective: 12/05/2015 Page 7 of 26 III. Admissions Documentation and Processing. A. One or more of the following documents are necessary to determine that persons are being legally committed to the facility: 1. Straight arrest – Probable Cause Affidavit and/or Arrest Report. 2. Warrant arrest – Arrest report, certified copies of warrant(s), teletype from other jurisdictions which contain the wanted person’s name, DOB, race, sex, charge(s), bond(s), offense number(s), and name of aauthorizing agency. 3. Court Commit – Sheriff’s copy of the commit order, signed by a judge or authorized court deputy. (includes weekenders) 4. Off-Bond (SOP 15.62) a. A bondsman wanting to off bond a defendant, shall submit the off bond paperwork, Booking Ticket (SRCJ 063) and the Statement of Surrender Form for a bond originating in Santa Rosa County, or a bond accepted in Santa Rosa County (FSS 903.21) – DO NOT ACCEPT AN OFF BOND FOR AN OUT OF STATE AGENCY. (FSS 941.22) b. If an individual wishes to go off bond as the depositor on a cash bond, the inmate has to be in custody. The Central Control Deputy, will complete the top portion of Incarceration Confirmation Form (SRCJ 10-053), utilizing the information in Jail Book and/or inmate file. The original depositor must then take the Off Bond for a Cash Bond Incarceration Confirmation Form (SRCJ 10-053), to the Clerk of Court at the courthouse. The Clerk’s office will complete the bottom portion of the form and the depositor will then return the completed form back to Central Control. 5. Weekender – Certified copy of court order on file. (General Order O-007) 6. Marchman Act Detainee (Protective Custody) – Marchman Act Detainee (P/C) Form signed by Law Enforcement Officer. 7. Holds – Documentation from U.S. Marshal, FBOP, ICE, Military or certified copy of Court Order authorizing transport or in the case of a custody arrangement, teletype correspondence, upon orders of the sheriff, detention administrator or designee. a. When ICE requests a hold/detainer be placed on an inmate in our custody, they must provide us with a copy of the (1) Warrant of Arrest for Removal Proceedings signed by a federal judge or magistrate or an (2) Order of Deportation from the United States signed by a federal district court judge or federal magistrate, along with an Immigration Detainer – Notice of Action Form (DHS Form I-247 (12/12) before a detainer can be placed. Without one of these forms, no ICE detainer will be placed. (See highlighted form at the end of this document. One of the highlighted sections must be marked and have 1 of the 2 required documents attached). b. ICE warrants must be issued by a federal judge or magistrate. An administrative warrant issued by an ICE official (Form I-200) will not be used to hold/detain a subject. 8. GPS/Alcohol Monitors – Intake procedure for arrestees with GPS/Alcohol Monitors: a. Monitored by Santa Rosa Sheriff’s Office GPS: O-001 #: O-001 Effective: 12/05/2015 Upon a subject being arrested, the arresting Officer notifies Dispatch, Dispatch will then notify SRSO GPS Officer of the arrest. Page 8 of 26 SRSO GPS Officers will contact ACR staff and inform them if the monitor will be deactivated or will remain active. SRSO GPS Officer will be responsible for contacting ACR staff to determine if the arrestee will be permitted to make bond on the new arrest, if a Conditional Release Violation order will be issued, and to confirm if the arrestee was released. For arrestees brought in by other law enforcement agencies (FHP, MPD, GBPD, etc.) and are monitored by SRSO GPS, ACR staff will contact Dispatch who will notify the on-call GPS Officer. ACR staff will check arrestees previous arrest record in JailBook and the inmate’s paper file, to confirm if they are monitored by SRSO GPS, a private provider or State Probation. If, the arrestee has a bond and cannot make it, does not have a bond, or will not be released, ACR staff will remove the monitor before moving the subject to population. The arrestee’s computer record and file will be flagged with a GPS hold for appropriate agency. b. Monitored by Private Provider GPS/Alcohol Monitors: ACR staff will check arrestees previous arrest record in JailBook and the inmate’s paper file, to determine if they are monitored by SRSO GPS, a private provider or State Probation. If, monitored by a private provider, ACR staff will attempt to contact the private provider regarding the GPS monitor. (Contact numbers are listed in ACR) If, the arrestee has a bond and cannot make it, does not have a bond, or the private provider cannot be reached; ACR staff will remove the monitor before moving the subject to population. Arrestee’s computer record and file will be flagged with a GPS hold / Alcohol Monitor hold for appropriate agency. c. Monitored by State Probation GPS: ACR staff will check arrestees previous arrest record in JailBook and the inmate’s paper file, to determine if they are monitored by SRSO GPS, a private provider or State Probation. If , monitored by State Probation, ACR staff will attempt to contact State Probation regarding the GPS monitor. (Contact numbers are listed in ACR) If, the arrestee has a bond and cannot make it, does not have a bond or State Probation cannot be reached; ACR staff will remove the monitor before moving the subject to population. (State Probation monitoring consists of a phone and a GPS unit) Arrestee’s computer record and file will be flagged with a GPS hold for appropriate agency. O-001 #: O-001 Effective: 12/05/2015 Page 9 of 26 d. All monitors (GPS & Alcohol) removed will be placed in the plastic box marked “GPS Monitors” located in ACR. (To include phones retrieved from arrestees monitored by State Probation) e. An SRSO GPS Deputy/or designee will be responsible for retrieving the monitors from ACR daily and making contact with the appropriate agencies to have monitors returned. 9. In Transit – Documentation from Transport Company or transporting agency that inmate is legally detained. Overnight housing is a courtesy and only allowed with prior approval from Detention Administration. 10. Violation of Pre-Trial Release (PTR) – Court order signed by the judge revoking bond. B. During admission, when appropriate, each arrestee will be fingerprinted using the Live Scan Fingerprinting System. If inked impressions are necessary, the appropriate fingerprint cards will be used. Procedures for the use of the Live Scan System are maintained in ACR. (SOP 15.61) C. During admission, for qualifying offenses, arrestees will be required to submit an oral swab (DNA) sample to FDLE for inclusion into the DNA database. (SOP 15.56) D. During admission, arrestees will be required to submit to a fingerprint capture process utilizing the Cross Match Fingerprint system, which will be used for comparisons for identification. E. During the admissions process, a check for any outstanding warrants/capiases or holds for other jurisdictions, will be conducted through NCIC/FCIC , Data Share and locals through Arrest/Warrants. 1. When utilizing the Data Share system, if the response “Unable to Contact Destination. Please try again.” is received; ACR staff will contact that agency by teletype or phone to inquire about active warrants. This information will be documented in a Jail Incident Report and on the File Checklist (SRCJ 218). (Bradford County, Walton County and Niceville PD list their warrants in NCIC/FCIC and are not participants in the Data Share system. These three agencies will not need to be contacted in reference to receipt of the aforementioned response or if the Data Share system is down. No Incident Report is required). 2. In the event the Data Share system if down: ACR personnel will contact Escambia and Okaloosa counties by phone to check for active warrants. This information will be documented on the Intake/Release sheet. An Incident Report will be generated documenting system is down 3. In the event the NCIC/FCIC system is down: Warrant checks will be run through CJIS (Criminal Justice Information Services) or CIC (Criminal Information Center) SRSO Dispatch will be contacted to run warrant checks This information will be documented on the File Checklist (SRCJ 218). F. Additional criminal charges placed on an inmate already incarcerated in the facility will require new fingerprints to be made. Any changes in personal appearance (i.e. growth of a beard, shaving of beard or head, etc.) will need to be photographed. The inmate will be escorted to ACR for these procedures. O-001 #: O-001 Effective: 12/05/2015 Page 10 of 26 G. The ACR staff will assign each arrestee to a holding cell, special housing cell or pre-class pod and will direct a detention deputy to escort the inmate to his/her assigned bunk. H. During the admission process, arrestees who are held beyond eight (8) hours will be subject to a cursory classification process requiring the following to determine placement in temporary housing pending further classification. 1. Review of current charges. 2. Review of criminal history. (thorough review to maintain compliance with F.S.S. 947.141(2) 3. Review of their behavior. 4. Review of past local incarceration history. I. Criminal histories must be thoroughly reviewed to determine if a subject is on supervised release under parole, conditional release, conditional medical release, control release or addiction recovery. The supervised released status of any arrestee can be obtained by reviewing HOT FILES in NCIC/FCIC In compliance with F.S.S. 947.141(2) and the Florida Parole Commission- Upon arrest of an offender on a new felony charge who is on release supervision under parole, conditional release, conditional medical release, control release or addiction recovery, the arresting agency or booking personnel should: After the offender’s initial court appearance and a determination of probable cause has been made, continue holding the offender on the alleged violation without bond for a period not exceeding 72 hours excluding weekends and holidays and notify the Florida Parole Commission within 24 hours of the finding of probable cause by: a. Telephone at (850) 488-0611 (or) b. E-mail at [email protected] (or) c. Florida Administrative Message (FAM) to MNEMONIC G37550004 During this period of detention, the Commission will decide whether to issue a warrant charging the offender with violation(s) of the conditions of release. Once the Commission’s warrant has been issued, the offender must continue to be held in custody without bond pending a revocation hearing. The supervised released status of any arrestee can be obtained by reviewing HOT FILES in NCIC/FCIC. Additional information on an arrestee can be accessed at the Florida Department of Corrections’ website: www.dc.state.fl.us. Information regarding the Florida Parole Commission, staff contact numbers, and answers to frequently asked questions can be found at the Commission’s website: www.fpc.state.fl.us. * F.S.S. 947.141.(2) Upon the arrest on a felony charge of an offender who is on release supervision under s.947.1405, s. 947.146, s. 947.149, or s. 944.4731, the offender must be detained without bond until the initial appearance of the offender at which a judicial determination of probable cause is made. If the trial court judge determines that there was no probable cause for the arrest, the offender may be released. If the trial court judge determines that there was probable cause for the arrest, such determination also constitutes reasonable grounds to believe that the offender violated the conditions of the release. Within 24 hours after the trial court judge’s finding of probable cause, the detention facility administrator or designee shall notify the commission and the department of the finding and transmit to each a facsimile copy of the probable cause affidavit or the sworn offense report upon which the trial court judge’s probable cause determination is based. The offender must continue to be detained without bond for a period not exceeding 72 hours excluding weekends and holidays after the date of the probable cause determination, pending a decision by the commission whether to issue a warrant charging the offender with O-001 #: O-001 Effective: 12/05/2015 Page 11 of 26 violation of the conditions of release. Upon the issuance of the commission’s warrant, the offender must continue to be held in custody pending a revocation hearing held in accordance with this section. I. If an arrestee refuses to provide their identity and necessary information, or is unable to do so because of a language barrier or other reason, the following procedures will be followed. (SOP 15.69) 1. Such persons shall be identified by fingerprint if possible. 2. The ACR supervisor and the shift supervisor will be notified immediately. 3. If a language barrier exists, the staff will assist the inmate in using the language line. (the language line folder is located in ACR) 4. A thorough search of his/her belongings will be made to discover any identifying documents or other items. Such items will be inventoried and the inventory will be placed in the inmate file. J. Jane/John Doe’s will be fingerprinted, photographed and placed on Administrative Confinement, and segregated from all other arrestees and inmates in a holding cell or single room until their identification is established. [FMJS Sec. 1.04] 1. If necessary, the sheriff’s office identification unit may be notified to assist in identifying the individual. 2. A Jane/John Doe will not be released until his/her identity is established. The arrestee shall be advised of this fact. [FMJS Sec. 4.16] 3. When Jane/John Doe’s identity is established, all records and documents shall be changed to reflect the person’s true identity. The jail management system computer and booking records will retain the designation “Jane Doe” or “John Doe” as an alias of the person. IV. Disabled Intakes (SOP 15.77) A. During the intake process if an individual is determined to be deaf or hearing/impaired by an officer’s personal knowledge, medical assessment and/or answering the corresponding question on the medical intake sheet (accordingly) and the deaf or hearing impaired person is entering the facility for the purpose of detention, the intake officer will advise the ACR Supervisor and medical staff of his/her condition and complete an incident report concerning that individual. 1. The arrestee/detainee will be housed alone in ACR or the Medical Unit until he/she can be cleared by medical staff and classified appropriately. 2. The intake officer will start a close watch on the deaf or hearing impaired person. B. During the intake process if an individual is determined to be blind or visually impaired by an officer’s personal knowledge, medical assessment and/or answering the corresponding question on the medical intake sheet (accordingly) and the blind or visually/impaired person is entering the facility for the purpose of detention, the intake officer will advise the ACR Supervisor and medical staff of his/her condition and complete an incident report concerning that individual. 1. The arrestee/detainee will be housed alone in ACR or the Medical Unit until he/she can be cleared by medical staff and classified appropriately. 2. The intake officer will start a close watch on the blind or visually impaired person. O-001 #: O-001 Effective: 12/05/2015 Page 12 of 26 C. During the intake process if an individual is determined to be Mentally Disabled Persons by an officer’s personal knowledge, medical assessment and/or answering the corresponding question on the medical intake sheet (accordingly) and the mentally disabled person is entering the facility for the purpose of detention, the intake officer will advise the A.C.R. supervisor and medical staff of his/her condition and complete an incident report concerning that individual. 1. Detainees with severe mental disabilities will be housed alone in A.C.R. or Medical pending Classification review. A close watch will be started on these types of detainees D. During the intake process if an individual is determined to be Limited English Proficient by an officer’s personal knowledge, medical assessment and/or answering the corresponding question on the medical intake sheet (accordingly) and the Limited English Proficient person is entering the facility for the purpose of detention, the intake officer will advise the A.C.R. supervisor and medical staff of his/her condition and complete an incident report concerning that individual. E. During the admissions process if an individual is determined to be illiterate by an officer’s personal knowledge or the inmate’s admission, the deputy will notify the ACR supervisor/shift OIC of his/her condition and complete an incident report concerning the individual. V. Telephone Access [FCAC 9.11] A. All new arrestees will have the right to telephone family members, bonding companies or others to assist them in their release. The right to a telephone is available during the intake procedures. The ACR supervisor may allow use of the telephone at any time. B. Sheriff’s office member’s shall not recommend or suggest to any arrestee, prisoner, or any other person concerned with a prisoner in custody, employment or hire of any specific attorney or bail bonds person. Sheriff’s office member’s shall not become surety, guarantor or furnish bail for any person arrested or charged with a crime except members of their immediate family and then only upon notification of their supervisor. Furthermore, advice shall not be given nor speculation offered on the outcome of any court action (i.e., advising inmates not to bond out, but to wait to see a representative of the pre-trial release program). A list of authorized bonding agents and telephone numbers is posted in ACR. C. Violent or otherwise unmanageable inmates will have their telephone rights deferred until such time as they are no longer a threat to themselves, or the order and security of the facility. D. Inmates assigned to housing pods have the use of telephones within the pod, during posted hours. E. If a language barrier exists, staff will make appropriate efforts to assist the inmate in contacting persons to assist them in bonding procedures. Deaf or hearing impaired inmates will have access to the Video Relay Service communication devices upon request. [FCAC 7.19] F. All Foreign Nationals that are arrested; /detained shall have access to the diplomatic representative of the country of their citizenship. All Foreign Nationals must be advised of the right to have his/her Consular Officials notified. The shift/ACR supervisor will ensure that the appropriate embassy telephone number is provided to the foreign national. A Consular notification book containing these numbers is located in ACR. Additionally, per Florida State Statute 901.26(3), it shall be the shift supervisor’s responsibility to immediately notify the arrestee’s nearest consul or other officer of the nation concerned or, if unknown, the Embassy in Washington D.C., of the nation concerned or, if unknown, the nearest state judicial officer who shall, in turn, notify either of the above. Notification shall be annotated in an incident report. [FMJS Sec. 4.01] (SOP 15.55) VI. Marchman Act – Protective Custody [FCAC 10.07] O-001 #: O-001 Effective: 12/05/2015 Page 13 of 26 A. A person detained and accepted into the facility shall not be considered “arrested” and all records shall reflect that the person is in protective custody under the Marchman Act. B. The law enforcement deputy will contact the nearest relative of a minor or adult taken into protective custody, unless the adult requests no notification. C. The person detained will remain a minimum of 8 hours from the original time of “documented impairment” for observation. D. The person will take a breath test before release to assure that the blood alcohol level is below .04 and the test results will be documented on the close watch form. If the person’s B.A.C. is below .04 but the person still appears to meet the criteria for protective custody, the person will not be released. However, in no case shall a person be detained more than 72 hours in the detention facility. E. The attending physician cannot order a person detained to remain in the facility. F. Intoxicated persons require special handling. The detention deputy will keep in mind that while arrestee’s may be admitted in an intoxicated state, those admitted under the provisions of the Marchman Act are not arrestees and are not being charged with a criminal act. The following procedures will be applied to all intoxicated persons brought into the facility. 1. Arrestees and Marchman Acts shall not be accepted for custody in an unconscious state; the arresting deputy will be requested to transport the inmate to the emergency room. If the arresting deputy declines to transport, the medical unit will determine whether an ambulance should be called or detention members will transport the subject to the emergency room. This situation will be documented in an incident report. 2. The nurse on duty will examine all intoxicated persons as soon as possible. In the unlikely event that a nurse is unavailable, the shift supervisor shall determine whether to accept custody of the intoxicated person. 3. All personal property, including eyeglasses will be inventoried and placed in secure storage. 4. The intoxicated person shall be placed in a holding cell, separated from other arrestees, if possible. 5. A close watch sheet will be initiated. The person will be observed at intervals not to exceed every 15 minutes by detention members, and documented on the close watch sheet. G. The shift/ACR supervisor shall be notified of arrestee’s and/or persons detained as a Marchman Act who pose a sanitation and/or hygiene problem. Such persons shall be treated by the medical unit for proper delousing. Such persons shall be supplied with facility uniforms and personal clothing items will be laundered. At the completion of the laundering process, the clothing will be returned unless the person has been classified or classification is forthcoming. VII. Classification and Assessment A. ACR personnel will conduct an initial PREA assessment to determine the inmate’s potential risk of sexually assaultive behavior or sexual vulnerability and ensure appropriate housing based on the assessment. Information as to whether or not the inmate is found to be a sexually violent predator will also be used as criteria in this assessment. [FCAC 9.15M] [PREA §115.41, 115.42] 1. The PREA Sexual Violence Screening Form (SRCJ 13-034) interview will be conducted in the Fingerprint Room, by a deputy in a one-on-one basis. All information obtained during the PREA assessment in ACR and the initial classification interview process will be used to determine appropriate housing assignment of inmates which could include administrative segregation. O-001 #: O-001 Effective: 12/05/2015 Page 14 of 26 2. Inmates who answer “yes” to any question #10-12 on the PREA Sexual Violence Screening Form(SRCJ 13-034) The following procedures will be followed: Deputy will notify Medical Staff and complete an Incident Report. Inmate will be housed on Administrative Confinement until seen and evaluated by the PREA Coordinator and/or Classification. If the confinement dorms are full and/or the inmate is required medically to be housed in Medical, he/she will be housed in Medical/ACR with non-predatory inmates. • Inmate is offered a follow-up meeting with a mental health practitioner within 14 days. 2. Inmate answered “yes” to question #13 on PREA Sexual Violence Screening Form (SRCJ 13-034) An Incident Report will be completed. Inmate will be housed alone in Medical/ACR, pending an evaluation by the PREA Review Committee. Consideration will be given to the inmates own views with respect to his/her own safety. The agency makes housing and program assignments for transgender or intersex inmates in the facility on a case-by-case basis to ensure the inmates’ health and safety; and whether the placement would present management or security problems. 4. All reports of sexual abuse or fear of victimization reported by inmates to Medical staff during their Medical intake will be handled by following the procedures outlined in VII –A-3. 5. Inmates brought in with current sex related charges will be housed in Medical until cleared to population by Mental Health/Classification personnel. Inmates with Violations on sex related charges (unless required by Medical to be housed in Medical) will be housed with inmates with sex related charges (Current housing area of inmates charged with sexual offenses) 6. Vulnerable Inmates - Initial housing assignments within a facility will be made at the discretion of ACR; however, inmates will be designated vulnerable if three of the following apply: a. Age 1) Juvenile younger than 18 2) Adult inmate younger than 25 3) Adult inmate older than 65 B. Physical stature, (male inmate less than 130 pounds and/or less than 5’8” tall) C. Developmental disability D. Mental illness E. Sex offender status (per criminal history) O-001 #: O-001 Effective: 12/05/2015 Page 15 of 26 F. First time offender G. Past history of victimization 7. Predatory Inmates - Inmates will be considered prone to sexual assault/abuse by other inmates if they have: a. A history of sexual predatory behavior (per criminal history, incident reports, etc.) b. A history of sexual violence, especially if related to a sex offense with same gender victim 8. Once an inmate receives a sexually assaultive behavior designation based on the “sexual predator” definition, the inmate will maintain that designation throughout his/her incarceration. 9. If an inmate is suspected to be a potential victim or sexual predator at any time during his/her incarceration, he/she will be reclassified or evaluated for possible housing placement in segregation or administrative lockdown during his/her incarceration 10. Inmates identified as sexual assault/abuse victims will be referred to medical and mental health personnel for counseling. 11. Jimmy Ryce Act inmates will be housed in Administrative Confinement. If requires housing in medical for medical reasons, inmate will be housed in medical in a single cell alone. 12. Inmates will not be held in a holding cell in excess of eight (8) hours. a. It is understood that there may be occasions when an inmate’s behavior may prevent him/her from being placed into general population. Therefore, inmates who are unruly and/or intoxicated may be kept in a holding cell beyond the eight (8) hour limit. b. Any exceptions to the 8 hour rule must be fully documented with an incident report, indicating the justification for being held over eight (8) hours and include 15- minute documented checks. [FMJS Sec. 2.01 (f) (1) (2)] VIII. Booking Records A. ACR will be responsible for computer entry and other documentation of all arrests. A file will be started on each arrestee and the documentation enclosed will include data entry into the jail management system and hard copies of documents. Information shall include but is not limited to: 1. Personal data ( all arrestees will be asked if they are a U.S. citizen) a. for non U.S. citizens, the appropriate actions will be taken as outlined in S.O.P. 15.55 2. Arrest information / Probable Cause Affidavits a. Arresting agency and deputy b. Charge(s) and bond(s) c. Location of arrest and offense d. Date and times of offense and arrest e. Victim notification of Offender Release information (if applicable) O-001 #: O-001 Effective: 12/05/2015 Page 16 of 26 Information for the purposes of notifying a victim or next of kin, or other designee is required in the following: in the case of homicide, pursuant to chapter 782; or a sexual offense, pursuant to chapter 794 or an attempted murder or sexual offense, pursuant to chapter 777; or stalking, pursuant to s.784.048;or domestic violence, pursuant to .s 25.385 (F.S.S. 960.001(1)(b)). f. Tracking numbers (OBTS, FDLE, Booking number, etc.) 3. “Holds” for other agencies (if applicable) a. Red folders will be used for subjects with holds for other agencies to include: DOC, USM, FBOP, ICE, Military, out of county agencies, out of state agencies, GPS, HA, drug patch, SCRAM/WAM, VFOSC, High Risk Sex Offenders. 4. Other documentation including warrants, teletypes, court orders, etc. B. ACR member will prepare documentation necessary for First Appearance each morning. This shall include: 1. A list of inmates expected to attend First Appearance. 2. Original arrest reports (for PTR to review) 3. Criminal history: Designation flags. (Violent Felon Of Special Concerns VFOSC or High Risk Sex Offender HRSO) Criminal histories on all arrestees scheduled to attend First Appearance will be run by ACR. The Secondary Dissemination Log-Probation/PTR Only (SRCJ 15-008) will be completed to document all criminal histories run for and provided to PTR Officers. All areas of information on the log must be completed. The PTR Officer will check the criminal histories they are provided with the criminal histories that are signed out to them on the log and initial the receipt of these criminal histories in the section titles “2-Reason Disseminated”. Per FDLE, Probation will retain control of the criminal histories once they are provided to them; to Include taking those criminal histories out of the building with them. ACR staff will not retain or take control of any criminal history run for and then provided to Probation. If a criminal history is run on a subject and the subject makes bond prior to the history being provided to Probation, the history will be shredded by ACR staff, the Secondary Dissemination Log (SRCJ 15-008) will be highlighted and the information notated as to why the criminal history was shredded. 4. Copies of arrest reports: Provided to inmates at 1st appearance. (Redacted) Provided to the Public Defender’s Office. (weekends & holidays, only) 5. Waivers, if applicable. (placed with copies for inmates to sign at 1 st appearance) 6. The inmate files. (for Classification to review) C. Per F.S.S. 119.071 and Public Records laws specific information must be redacted from arrest reports before they are provided for review. Items to be redacted include: 1. For Sexual Battery or Domestic Violence reports –redact the following: Social security numbers O-001 #: O-001 Effective: 12/05/2015 Page 17 of 26 Driver’s license / I.D numbers Victim(s) name, date of birth, gender (to include all relations to gender- he, she, him, her), relation to alleged perpetrator All witness(s) names or personal information Location alleged crime was committed Longitude/latitude from (located on report) All confidential informant information All juvenile information All investigative information (any information which relates to what the investigators are doing or what information they already have) 2. The only information that should be disclosed in a Sexual Battery or Domestic Violent report, even to the accused is; what crime he/she is accused of, location the crime was alleged to have occurred but only in general terms – Mary Street area of Milton ; not 12 3 Mary Street), date(s) the alleged crime was committed. 3. For all other arrest reports Social security numbers Driver’s license / I.D. numbers Victim(s) date of birth, address, driver’s license/I.D numbers All witness(s) names or personal information Location alleged crime was committed Longitude/latitude (located on report) All confidential informant information All juvenile information All investigative information (any information which relates to what the investigators are doing or what information they already have) 4. The only information that should be disclosed in all other arrest reports, even to the accused is; what crime he/she is accused of, alleged victim(s)/complainants name, location the crime was alleged to have occurredbut only in general terms- Mary Street area of Milton; not 123 Mary Street), date(s) the alleged crime was committed. A copy of the arrest report is to be made and all information that is required to be redacted will be redacted. It will be computer redacted or redacted using a black sharpie. A copy of the redacted report(s) will then be made and placed with the paperwork prepared for 1st appearance to be provided to the inmate at 1st appearance. (A copy of the redacted report must be made, do not provide the original redacted report). 5. 6. All inmates, who make bond prior to 1st Appearance, will be provided a copy of their Arrest Report; to include a copy of the warrant. All information that is required to be redacted will be redacted. It will be computer redacted or redacted using a black sharpie. See SRSO ACR Release Policy for specific instructions on redaction. Violent Felony Offender of Special Concern: According to F.S.S. 948.06, a defendant does not qualify for VFOSC status unless he or she is on probation and has been convicted of one of the qualifying violent offenses listed in the statute. The State Attorneys’ Office is responsible for informing the Judge when a subject is designated as a VFOSC. The VFOSC designation flag is generated based on a subject being placed on felony probation. The only time the VFOSC is required to be addressed is when the subject is on felony probation, violates that probation and is incarcerated on that Violation of Probation charge. At that time and per Statute, the subject must be held for the court to determine if the subject meets the qualifications to be held or if they can released. If the subject is arrested on any other charge and the VFOSC flag is generated, the VFOSC designation is not required to be addressed. However…ACR personnel will continue O-001 #: O-001 Effective: 12/05/2015 Page 18 of 26 to put all VFOSC flags, if generated, with the original paperwork which is provided to the Judge at 1 st appearance. This will assist in maintaining that the Judge is aware that the subject is designated as a VFOSC. If a subject is to be released and the VFOSC flag is generated which shows they are on probation in another county: a. State Probation is to be contacted to determine if the subject meets the requirements per Statute to be held or if they can be released. The Probation Officers name and their response are to be notated in the subjects file. b. Classification personnel will contact Probation during normal business hours (Monday – Friday 0700 1700). The Probation Officers name and their response are to be notated in the subjects file. c. ACR personnel will provide the Judge with a copy of the VFOSC or HRSO flag and request that the Judge notate his response to the VFOSC or HRSO designation on the 1st appearance sheet. If there is any question as to whether the Judge overlooked something or failed to consider important information, the Judge who signed the release order should be contacted immediately. In order to comply with this order: 1) During normal business hours Classification personnel will contact the Clerk/Judge for clarification. 2) On weekends and/or holidays ACR personnel will maintain that the Judge conducting 1st appearance is made aware of the matter and request that it be addressed during 1 st appearance. After 1st appearance is complete, ACR staff will be responsible for removing all copies of the criminal history information from the original paperwork and securing them in the safe located in ACR. D. All inmates who remain longer than seventy-two (72) hours after First Appearance will be thoroughly classified and assigned to a regular housing unit. The inmate’s file will remain in the records room in the ACR hallway. E. Order to Transports: 1. 2. 3. 4. Transportation will deliver a copy of all Order to Transports to Classification. Classification will check for active warrants and notate that information on the bottom of the order. Classification will advise Transportation if the inmate has warrants. Transportation will pick up the individual and deliver him/her to ACR, allowing sufficient time for the subject to be arrested and booked prior to being transported to court. 5. Transportation will deliver the warrant(s) and any other paperwork to ACR. 6. ACR is still responsible for conducting the appropriate checks at intake and prior to release to ensure that our agency has served all of our warrants that are currently active. (except for those being housed for another agency, i.e. USM, FBOP, ICE, etc.) F. Writ of Habeas Corpus Ad Prosequendum 1. 2. 3. 4. Transportation will deliver a copy of all Writs to Classification. Classification will check for active warrants and notate that information on the bottom of the writ. Classification will advise Transportation if the inmate has warrants. Transportation will pick up the individual and deliver him/her to ACR, allowing sufficient time for the subject to be arrested and booked prior to being transported to court. 5. Transportation will deliver the warrant(s) and any other paperwork to ACR. 6. ACR is still responsible for conducting the appropriate checks at intake and prior to release to ensure that our agency has served all of our warrants that are currently active. (except for those being housed for another agency, i.e. USM, FBOP, ICE, etc.) G. Ex-Parte Orders: this order will not be served unless, the person is being released due to having made bond, O-001 #: O-001 Effective: 12/05/2015 Page 19 of 26 per court order or is being released time served. If this order is received and the subject named in the order is not being released from jail, the order will not be served. If the subject has made bond or is being released by court order or time served, the order will be served and the subject transported to ASU (Acute Stabilization Unit) If the order cannot be served based on the subject not being released, the order is to be placed in the inmates’ file. There is an expiration date on the Ex-Parte Order and when the subject is set to be released, if the order has not expired , it can be served at that time and the subject transported to ASU. Criminal charges on a subject override the Ex-Parte Order which is a civil order. H. Parole Violation Arrests/Warrants: 1. Immediately upon admission, all Parole Violation arrests/warrants are to be checked in NCIC/FCIC by ACR personnel, to determine if the warrant is active. If the warrant does not show active in NCIC/FCIC, ACR personnel will contact the Parole Commission at the numbers listed below to get confirmation on the arrest/warrant. The Parole Commission at 850-983-5913 Monday – Friday 08:00-05:00 The Emergency Action Center at 850-922-6867 after hours, holidays, weekends 2. If the Parole Commission reports that the arrest/warrant is not active, staff will request verification in writing stating that the arrest/warrant is not active. Upon receipt of this verification, the inmates record/file will be updated and procedures to release the inmate will be immediately put into place. 3. An Incident Report is to be completed with the information received from the Parole Commission to include the person’s name contacted. This information will also be noted on the bottom of the inmate’s disposition sheet. 4. Classification personnel will review the inmates record/file and maintain that the Parole Commission has been contacted and the information has been updated in the inmates record/file. If the Parole Commission has not been contacted, Classification personnel will make the necessary contacts using the contact numbers listed above. 5. If the Parole Commission reports that the arrest/warrant is not active, staff will request verification in writing stating that the arrest/warrant is not active. Upon receipt of this verification, the inmates record/file will be updated and procedures to release the inmate will be immediately put into place. 6. An Incident Report is to be completed with the information received from the Parole Commission to include the person’s name contacted. This information will also be noted on the bottom of the inmate’s disposition sheet. I. In the event that the computer system is down, all intakes will be booked manually as follows: 1. Complete a manual booking sheet on each inmate. (Form SRC1003) 2. Photos will be taken with the digital camera located in ACR and will be linked to the inmates booking record once the computers are restored for the subject is released. a. Plastic armbands and metal clasps are kept in ACR and will be used for inmate ID’s. On the armband notate the inmates name, race, sex and date of birth ** Inmates who remain incarcerated after the computers are restored will be brought back to ACR to have photos taken and new ID cards made. (the plastic armbands can be destroyed at this time) O-001 #: O-001 Effective: 12/05/2015 Page 20 of 26 3. Fingerprints will be done on the Livescan machine. The booking number for all inmates will consist of the year as the first two numbers followed by six (6) zeros (ex.15-000000). The correct booking numbers will be updated in the Livescan when the fingerprint cards are done. 4. If the wrong name is linked to Jail Book during the booking process and has to be deleted the “Not Public Record” button must be clicked. This will prevent the wrongly linked name from showing as an active arrest. IX. Personal Property [FCAC 9.10M] A. Personal property of newly admitted inmates will be handled in the following manner: 1. While the inmate is in the security vestibule, the intake deputy will instruct the inmate to empty his/her pockets, remove any jewelry, belts, and shoes/socks and place them in a numbered plastic container. The inmates name will be posted on the outside of the container. 2. The inmate’s shoes and socks will be replaced with a pair of shower slides. 3. All items will be inventoried and itemized on the property form, with clear descriptions of each. Miscellaneous descriptions are not acceptable. Cash and coins will be counted by the property room clerk and then deposited into the Touch Pay money kiosk. The property clerk will complete the new intake property log. In the event the Touch Pay kiosk is down: Cash and/or coins will be counted by both the deputy and the property clerk. Both will sign the sealed money envelope and the envelope will then be dropped into the safe. The property clerk will complete the new intake property log. 4. VAM Messaging- During the intake process, the property room clerk will inform the inmate that for a fee of $3.00 per message, they have the option of providing up to 3 phone numbers, for which a pre-recorded message can be sent to family/friends informing them that they have been incarcerated. This message will also include jail contact information. Inmates must have money to choose this option and this option will not be offered to inmates who are combative or uncooperative. 5. Any property found on the inmate during pat-down searches such as wallets, loose cash, etc. will be secured and receipted. 6. An inventory of all of the inmate’s personal property will be conducted during the booking process and the property will be entered into the computer system. Booking staff will notate the property box number. The inmate will sign using the signature pad. The inmate will be given a copy of handwritten property sheet. a. The item(s) entered into the computer shall be described by name, color, condition and brand. List apparent damage to items. b. All items of reasonable value will be entered into the computer, including checks by amount and check number, credit cards by company name, and official identification cards. c. Collectable coins and valuable currency will be entered by national origin, face value and year of issue (example: 1905 U.S. silver dollar). These items will be notated on the property sheet and placed in the inmate’s personal property. 7. Medic alert bracelets, or other items which indicate a medical condition, shall be listed on the personal property form. O-001 #: O-001 Effective: 12/05/2015 Page 21 of 26 8. If an inmate is wearing jewelry which cannot be removed by normal means, the inmate will remain in lock down status until such time as the jewelry is removed by the inmate. (i.e. body piercing) 9. If the inmate possesses medication, the type as noted on the container and the amount will be documented on the property sheet and medical will be notified. The property clerk will use a portable pill counter to assist in counting medication as needed. If the medication is mixed in the container, the property clerk will count and notate the color and amount contained in each bottle/container. (For example- 5 round white pills, 2 triangle shaped yellow pills in bottle labeled Zantac). The property clerk will be responsible for the storage and routine cleaning of the pill counter. 10. All items of reasonable value will be placed and sealed in a plastic property bag. 11. Upon completion of the personal property record the inmate and the contract worker will sign the form in the designated place(s). If the inmate refuses, “refused” will be stamped in the place for the inmate’s signature and a Detention deputy will legibly sign the form and place their I.D. number beside their signature. [FMJS Sec. 4.07 (j)] 12. The personal property record will be retained with the inmate’s property. 13. Upon completion of the booking process, and if the inmate is not to be released, the inmate will be escorted to the property room. B. Once the inmate has been processed and escorted to the property room, the following shall be performed by the ACR deputy: 1. Have the inmate remove the remainder of personal property, including clothing, and place the items inside the plastic container. 2. All unauthorized items will be placed into the property container and placed in the appropriate numbered spot in the property room. 3. The inmate will be dressed into a jail uniform of the appropriate size and color, and will be issued a storage container or device containing the following clean items: [FCAC 10.13] [FMJS Sec. 5.08] a. (1) - Mattress a. (2) – Sheets b. (1) – Pillow case c. (1) – Towel [FCAC 10.13 (6)] [FMJS Sec. 5.08 (d)] d. (1) – Wash cloth e. (1) – Blanket f. (1) – Pillow g. (1) – Roll of toilet paper h. (1) – Comb [FCAC 10.13 (4)] [FMJS Sec. 5.08 (d)] i. (1) – Toothbrush [FCAC 10.13 (1)] [FMJS Sec. 5.08 (d)] j. (1) – Toothpaste [FCAC 10.13 (2)] [FMJS Sec. 5.08 (d)] k. (1) – Bar of soap [FCAC 10.13 (5)] [FMJS Sec. 5.08 (d)] l. Shaving equipment (issued in the dorm) [FCAC 10.13 (3)] [FMJS Sec. 5.08 (d)] m. Feminine hygiene items as appropriate [FCAC 10.13 (7)] n. (1) Sexual Assault information pamphlet o. (1) kiosk access information sheet O-001 #: O-001 Effective: 12/05/2015 Page 22 of 26 4. The inmate will sign for the issued items upon receipt. A copy of the receipt will be placed in the inmate’s booking file after release. 5. Bulk or excess items will be properly numbered and stored appropriately. 6. Perishable items, as long as they are in a sealed package for the purpose of this procedure, will be stored in the property room. If the perishable items package is opened the item will be thrown away. 7. The inmate will retain prescription/reading eyeglasses, contact lenses, hearing aids, dentures or prosthetic limbs. 8. Any inmate who requires the assistance of a cane, crutch, wheelchair or any similar medical device will be evaluated by Medical Staff and a determination will be made by Medical Staff as to the inmate retaining possession of such items. C. All personal property items will be returned to the inmate on their release or transfer from the facility. Inmates and the contract worker will sign the property form noting that all items have been returned. [FMJS Sec. 4.07 (j)] 1. The inmate may keep undergarments that are white/off white in color only: 3 bras (without under wire), 5 panties, 5 boxers 5socks, 1 thermal underwear shirts (white/off white in color), 1 thermal underwear bottom, (white/off white in color) 5 short sleeved t-shirts (white/off white in color). None of the above items shall have buttons, zippers, or any other decorative items on the garment. Property will issue disposable panties that are white or orange in color to those individuals whose undergarments are not white/off white. 2. Inmates housed as FBOP may keep undergarments that are brown in color to include: (2) brown short sleeved t-shirts, (2) brown or (2) white undershorts. 3. Papers to include legal work (not to exceed 100 sheets) as well as 20 photos of appropriate subject matter are permissible. Natural Disasters / Jail Overcrowding: The Detention Major will advise the Classification Department to initiate the following process: The Classification Department will prepare packets on each inmate for the sentencing Judge in the case, State Attorney’s Office and Public Defender’s Office to review during Natural Disasters and Jail Overcrowding for release(s) only. The packets will be forwarded to each department for approval of all three prior to release. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Only sentenced (county) inmate’s No Civil Contempt No Criminal Contempt No Felony Charges No Sexual Offenses No Domestic Violence Offenses No inmates with incarceration history of violence/contraband No Child Support Criminal History Classification history of inmate No violent charges – battery – aggravated battery The release(s) will only be conducted with documented approval of the sentencing Judge, State Attorney’s Office O-001 #: O-001 Effective: 12/05/2015 Page 23 of 26 and the Public Defender’s Office. The releases during a natural disaster/jail over crowding must be approved by all three authorities or the inmate(s) will not be released. (The Detention Administration will not approve early releases under any situations/circumstances without the prior documented approval from the sentencing Judge, State Attorney’s Office and the Public Defender’s Office) for Natural Disasters and jail overcrowding. Medical Issues: The sentencing Judge will be contacted for consideration of an early medical release. The Detention Major will advise the Classification Department to initiate the request to the sentencing Judge for medical issues with inmate(s). The inmate(s) will not be released without the written-prior approval of the sentencing Judge. O-001 #: O-001 Effective: 12/05/2015 Page 24 of 26 O-001 #: O-001 Effective: 12/05/2015 Page 25 of 26 O-001 #: O-001 Effective: 12/05/2015 Page 26 of 26