CB 01 Facility Conditions (Policy.Corrections.CB 01 Facility Conditions.WebHome)

111. Single and double-occupancy cells should be equipped with a toilet and sink inside each cell. If there is no toilet or sink inside the cell, procedures shall provide inmates with prompt access.

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111. Dormitory and other multiple-occupancy cells should be equipped with enough toilets and sinks to ensure that the needs of all the inmates assigned to the housing area can be met.

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11. There shall be a sufficient number of showers to ensure that each inmate's hygiene needs can be met.

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1. Rationale:

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11. Toilets, sinks, showers, and mirrors must be easily accessible to be of sufficient value to inmates.

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11. Though some courts have found no cause of action where inmates suffered a temporary or minor deprivation of adequate plumbing, if plumbing inadequacies result in inmates being deprived of necessities of life, an Eighth Amendment claim may be stated.

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11. Access to running water, toilet facilities, and a sink for washing and maintaining hygiene needs are basic necessities to which inmates are entitled.

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11. Inmates are entitled to have access to showers to maintain personal hygiene.

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**CB 01_104 __WATER__**

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1. Policy:

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11. Water for showers and sinks should be thermostatically controlled to provide both:

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111. Hot water (between 100 and 106 degrees); and

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111. Cold water.

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1. Rationale:

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11. Hot and cold running water is required for sinks and showers in inmates' living areas.

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11. The temperature of hot water should be controlled to prevent accidental or intentional injury. Accidental scalding can occur when showers are not equipped with pressure control valves and a toilet is flushed which suddenly decreases cold-water pressure while a inmate is taking a hot shower. Scalding injuries may be intentionally inflicted by inmates by throwing hot water on other persons or forcibly holding someone under hot water.

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11. Limiting inmates to only cold water would have the likely impact of discouraging inmates from showering as frequently as jail officials would prefer.

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11. Courts have ruled that inmates are entitled to hot (or warm) water.

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**CB 01_105 __LEISURE ACTIVITIES__**

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1. Policy:

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11. PCF should provide facilities and equipment for approved leisure activities.

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1. Rationale:

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11. Tables, seating, and other equipment or facilities are helpful to facilitate leisure activities authorized by jail officials. Approving activities without providing inmates the means to enjoy the activities serves little purpose.

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**CB 01_106 __PROGRAMS__**

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1. Policy:

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11. PCF should provide facilities and equipment for educational and treatment programs as permitted by available resources and space.

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1. Rationale:

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11. Tables, seating, and other equipment or facilities may be needed to permit inmates to participate in educational or treatment programs. Programs cannot operate without some space being provided for instruction, storage, or other functions.

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**CB 01_107 __HOUSING PLAN__**

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1. Policy:

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11. The PCF housing plan shall be determined by the Corrections Chief Deputy.

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11. The inmate capacity of each cell (i.e., housing plan) shall be identified in the jail computer system.

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11. The inmate capacity of each cell should not be exceeded without permission from the Corrections Chief Deputy.

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1. Rationale:

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11. The housing plan must be readily available to staff in order for staff to act in compliance with it.

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11. The jail should operate at or below the assigned capacity because the assigned capacity is the capacity which jail officials determine is the level at which they can consistently operate in a safe and constitutional manner. Operating at higher density levels for prolonged periods of time may begin to strain resources, operational systems, and staff levels.

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11. Overcrowding is frequently used by inmates as a cause of action in conditions of confinement litigation. By being proactive and evaluating the most appropriate capacity of each cell, jail officials can be better prepared to avoid litigation and, when sued, to defend against the crowding allegations raised.

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**CB 01_108 __SECURING FURNISHINGS__**

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1. Policy:

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11. Bunks, tables, seating, and other fixtures should be bolted, welded, cemented, or otherwise secured to floors, walls, or other fixed surfaces. Exceptions may be made in minimum security or other low-risk areas.

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1. Rationale:

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11. Furnishings, if not secured, may be used by inmates as battering tools or weapons.

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**CB 01_109 __SINGLE-OCCUPANCY CELLS__**

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1. Policy:

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11. Single-occupancy cells shall have at least 45 square feet of floor area.

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11. Single-occupancy cells should:

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111. Be furnished with a bunk, bed, or sleeping platform;

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111. Should include footlockers, other storage space, or containers sufficient to allow inmates to avoid clutter in the cell.

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1. Rationale:

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11. Cells which have less than 45 square feet and lack frequent access to dayrooms may reduce the capability of inmates to engage in meaningful cardiovascular exercise.

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**CB 01_110 __DOUBLE-OCCUPANCY CELLS__**

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1. Policy:

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11. Two inmates may be housed in a single cell.

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11. When two inmates are housed in a single cell, the cell:

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111. Shall be furnished with two bunks, beds, or sleeping platforms;

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111. Should include footlockers, other storage spaces, or containers sufficient to allow inmates to keep their authorized property separate and to avoid clutter in the cell; and

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111. Size should be a minimum of 70 square feet of floor space if bunks are installed one above the other; or a minimum of 55 square feet of floor space if bunks are installed one above the other and inmates are permitted access to common areas or other locations away from their cells for 10 or more hours per day; or 85 square feet of floor space if both bunks are installed at the same height.

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1. Rationale:

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11. The U.S. Supreme Court has clearly ruled that double-celling is not per se unconstitutional. What must be considered is whether double-celling results in any condition which violates the constitution. The court also rejected any arbitrary cell size requirement as a litmus test for determining where double-celling is constitutional. In addition to ensuring that the jail adequately provides for the necessities of life, jail officials can improve their ability to defend litigation by increasing the amount of time inmates spend out of their individual cells. Time spent in common areas, recreation yards, treatment programs, work, or education programs helps mitigate the impact of double-celling

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**CB 01_111 __MULTIPLE-OCCUPANCY HOUSING__**

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1. Policy:

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11. Dormitories and other multiple-occupancy cells should have sufficient floor space to accommodate the number of inmates assigned.

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11. Occupancy limits should generally be determined by requiring 40 square feet of clear floor space for the first inmate and 18 feet of clear floor space for each additional inmate.

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11. Multiple-occupancy cells should:

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111. Be furnished with bunks, beds, or sleeping platforms equal to the number of currently housed inmates;

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111. Include footlockers, other storage spaces, or containers sufficient to allow inmates to keep their authorized property separate and to avoid clutter in the cell.

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1. Rationale:

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11. There is no clearly established requirement for the space which must be allotted to inmates in dormitories and other multiple housing cells.

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11. The area should permit inmates to move freely about their cell area and to engage in authorized activities with a minimum of impediment.

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**CB 01_112 __SPECIAL MANAGEMENT CELLS__**

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1. Policy:

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11. Special management cells should:

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111. Be furnished to accommodate the special needs of housing violent, self-destructive, mentally ill, or disabled inmates;

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111. Provide the necessities of life.

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1. Rationale:

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11. It may be necessary to house inmates who exhibit violent or self-destructive behavior (or whose mental state results in bizarre, unpredictable, and/or irrational behavior) in cells which are equipped to reduce the potential for harm to the inmate, other inmates, or staff.

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**CB 01_113 __DAYROOMS__**

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1. Policy:

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11. All single, double, and multiple-occupancy cells, with the exception of special management cells, should have a dayroom area.

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11. Dayrooms should provide:

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111. At least 35 square feet of space for each inmate, at maximum occupancy;

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111. Tables, seating, and other furnishings to permit inmates to eat meals, interact socially, engage in passive recreation, write, read, or study;

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111. Enough tables and seating to meet the needs of the inmates that the dayroom is intended to serve;

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111. Unless provided at other acceptable locations, shower stalls, toilets, and sinks.

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1. Rationale:

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11. The quality of life for inmates is enhanced if they are permitted to move from sleeping areas and bunks to an area furnished in a manner that better provides for daytime activities.

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**CB 01_114 __LIGHTING__**

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1. Policy:

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11. Light levels in inmate housing areas:

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111. Should provide adequate illumination at table tops, desk areas, bunks, and other locations where inmates read, write, or study to allow such activities to occur without eyestrain;

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111. Should provide adequate illumination at other locations to permit ordinary inmate activities and allow well-defined observation of inmate activities by staff members; and

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111. During the hours inmates are intended to be in bed, should be set at a level adequate for staff to supervise and count inmates, while minimizing the discomfort to inmates trying to sleep.

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1. Rationale:

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11. Inadequate light during reading, writing, or study can result in eyestrain or other discomfort. Providing adequate lighting will minimize the potential for eyestrain, while providing an environment conducive to such activities.

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11. Staff members benefit from adequate lighting in supervising inmate activities. Poor light conditions will result in greater difficulty for staff in properly monitoring inmates.

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11. Night lights are important to monitor inmates during sleeping hours. Inmates, particularly in multiple-occupancy cells, have a greater potential for mischief if sleeping areas are too dark. Head count procedures during the time inmates are in bed require sufficient light for staff members to clearly observe inmates.

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**CB 01_115 __WIRING, OUTLETS, AND FIXTURES__**

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1. Policy:

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11. Jail officials should make a reasonable effort to ensure that electrical systems neither create unreasonable hazards for inmates, nor can be easily tampered with by inmates to create hazards.

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11. Electrical wiring should be enclosed in walls or conduit.

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1. Rationale:

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11. In addition to general safety concerns, there is a tendency for inmates to create mischief, vandalize, misuse electrical power, and otherwise create hazards.

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**CB 01_116 __TEMPERATURE CONTROL__**

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1. Policy:

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11. The temperature range in inmate living areas should generally fall in the range of 65 to 85 degrees. If temperatures vary significantly from this range for prolonged periods of time, facility officials should take steps to protect inmate health and welfare.

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1. Rationale:

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11. Inmates are entitled to the basic necessities of life.

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11. Officials should ensure that the facility's heating and cooling systems do not cause inmates to suffer objectively significant harm.

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11. A cause of action may be stated if officials make no effort to correct ventilation problems or are otherwise indifferent to the harm being suffered by inmates.

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11. Temperatures which merely result in some discomfort to inmates may not state a cause of action. Discomfort does not rise to the level of a deprivation of constitutional rights.

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**CB 01_117 __REMODELING__**

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1. Policy:

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11. PCF is not required to remodel to meet Utah Sheriffs' Association standards.

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11. Within the limits imposed by the design and construction of the facility, PCF should organize and utilize the existing space and resources in a manner that reasonably meets the intent of the Utah Sheriffs' Association standards for new facilities.

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1. Rationale:

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11. Requiring remodeling of old facilities to meet or provide all of the components recommended for a new facility:

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111. Would be impractical;

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111. In most cases, would result in expenses substantially greater than any benefits which could be derived;

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111. Could compromise the existing utility and security of the area or the jail.

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**CB 01_118 __ADA__**

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1. Policy:

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11. There should be access to visiting by both inmates and visitors with disabilities.

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1. Rationale:

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11. The intent of the Americans with Disabilities Act is to provide persons with disabilities accommodation and access equal to or similar to that available to other persons. Visitors covered include inmates' family, friends, attorneys, bondsmen, and other visitors.

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