CE 01 Inmate Transportation

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Washington County Sheriff's Office

CORRECTIONS DIVISION

Policy Manual

Volume: CE

Transportation

Chapter: 01

Inmate Transportation

Replaces and/or Supersedes:

PJ 61

Published:

03/29/2012

Review Date:

04/06/2021

Sheriff Cory C. Pulsipher

Chief Deputy Jake Schultz

TABLE OF CONTENTS

CE 01_101  Definitions

CE 01_102  References

CE 01_103  General

CE 01_104  State Inmate

CE 01_105  Transfers to Other Jails

CE 01_106  Out-of-State Transfers

CE 01_107  Convicted Inmates

CE 01_108   Restraints

CE 01_101  DEFINITIONS

  1. WCSO:  Washington County Sheriff's Office
  2. PCF:  Purgatory Correctional Facility
  3. UDC:  Utah Department of Corrections

CE 01_102  REFERENCES

  1. Immigration and Customs Enforcement Standards:
    1. 2000-35.
  2. Utah Sheriffs' Association Jail Standards:
    1. D04.01.01:  Written Inter-Facility Transfer Policies and Procedures Required
    2. D04.01.02:  Inter-Facility Transfer Content
    3. D04.02.01:  Out-of-State Transfers
    4. D04.02.02:  Transfers to Other Jails
    5. D04.03.01:  Transfer to Other Facilities
    6. D04.03.02:  Transfers of Inmates Sentenced to Prison

CE 01_103  GENERAL

  1. Policy:
    1. The WCSO should take all necessary precautions to protect the lives, safety, and welfare of WCSO staff, the general public, and those in WCSO custody during transportation.
    2. Transportation should be under the supervision of trained and experienced officers.
    3. Transporting officers should comply with applicable local, state, and federal motor vehicle laws and regulations.
    4. Every transportation officer required to drive a commercial size bus shall possess a valid Commercial Driver License (CDL) issued by the state of Utah.
    5. Transporting officers:
      1. Should limit driving time to 10 hours in any 15 hour period;
      2. Should drive only after eight consecutive off-duty hours;
      3. Should not receive transportation assignments after having been on duty, in any capacity, for 15 hours;
      4. Should not drive more than 50 hours in a given work week or 70 hours during eight consecutive days;
      5. May, during emergency conditions (including bad weather), drive as long as necessary and safe to reach a safe area (exceeding the 10-hour limit).
    6. A minimum of two officers should be in each vehicle transporting inmates.
    7. A minimum of two officers with valid CDLs should be in each commercial size bus transporting ICE detainees.
    8. Prior to transporting inmates, the vehicle should be thoroughly searched by the transporting officers.
    9. Positive identification of all inmates to be transported should be confirmed prior to transport.
    10. All inmates being transported should be searched by the transporting officers immediately prior to boarding the vehicle.
    11. The number of inmates transported should not exceed the vehicle manufacturer's occupancy level.
    12. The transporting officers should conduct a visual count once all passengers are on board and seated.
    13. At least one officer should remain in the vehicle at all times during inmate transport.
    14. No one, other than authorized personnel, should be allowed to contact the inmates during transport.
    15. Meals should be provided during long-distance transfers. The meals should meet the minimum dietary standards of PCF, as identified by a dietician. Transportation officers should search the food packages prior to delivering them to inmates.
    16. Inmate transport vehicles should be equipped with:
      1. A two-way radio;
      2. Equipment boxes stocked for a use-of-force incident and other emergencies.
    17. Personal property of inmates should be searched and inventoried prior to the transport. Inmate property should be transported with the inmates in order to facilitate simultaneous delivery. However, inmates should not be permitted to access their property during transport.
  2. Rationale:
    1. Inmate transportation events place those involved in more vulnerable positions. Thus, specific precautionary procedures should be followed to maximize safety and security.
    2. Driving limits mitigate the risk of driver fatigue.

CE 01_104  STATE INMATE

  1. Policy:
    1. If a State contract inmate is being transported off PCF property for medical treatment (even if approved by UDC), Control One should be contacted. Control One should be contacted when the inmate is returned to PCF as well (801-576-7001).
  2. Rationale:
    1. Notification is required via contract.

CE 01_105  TRANSFERS TO OTHER JAILS

  1. Policy:
    1. Pre-trial inmates should not be transferred from one jail to another if the location of the receiving jail is so distant that it would result in denying the inmate access to legal counsel.
  2. Rationale:
    1. Inmates have no right to be confined in any particular jail.
    2. The right of inmates to access courts and legal counsel should not be unreasonably restricted.

CE 01_106  OUT-OF-STATE TRANSFERS

  1. Policy:
    1. Pre-trial inmates should not be transferred to an out-of-state facility unless the transfer is court-ordered.
    2. The Transportation Branch Lieutenant should request direction from the County Attorney's Office if an order is received to transfer a pre-trial inmate out of Utah.
  2. Rationale:
    1. Transferring a pre-trial inmate to an out-of-state facility would likely make it difficult for the inmate and his/her attorney to prepare a criminal defense to the charges for which the inmate is being held.

CE 01_107  CONVICTED INMATES

  1. Policy:
    1. Convicted inmates may be transferred to facilities in or out of Utah.
    2. The sheriff of the county in which a criminal is sentenced to confinement in the state prison, or is sentenced to death, shall cause such convict to be removed from the county jail within five days after the sentence and conveyed to the state prison and delivered to the warden thereof.
  2. Rationale:
    1. Absent state-created liberty interests, the courts have consistently ruled that inter-state transfers are within the discretion of corrections officials.
    2. "Just as an inmate has no justifiable expectation that he will be incarcerated in any particular prison within a state, he has no justifiable expectation that he will be incarcerated in any particular state" (Olim v. Wakinekona, 461 U.S. 238 (1983); Beshaw v. Fenton, 635 F.2d 239, 246-247 (CA3 1980), cert. denied, 453 U.S. 912 (1981); Cofone v. Manson, 594 F.2d 934, 937 n.4 (CA2 1979); Sisbarro v. Warden, 592 F.2d 1, 3 (CA1 1979), cert. denied, 444 U.S. 849 (1979)).
    3. Utah Code 17-22-3 verbatim.

CE 01_108  RESTRAINTS

  1. Policy:
    1. Restraints consisting of handcuffs attached to a belly chain and leg irons should be used on each inmate being transported.
  2. Rationale:
    1. Restraints on inmates during transport will make escape more difficult.