Wiki source code of CE 01 Inmate Transportation

Version 1.1 by Ryan Larkin on 2016/09/09 16:47

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1 **Washington County Sheriff's Office**
2
3 **CORRECTIONS DIVISION**
4
5 Policy Manual
6
7
8 Volume: CE
9
10 Transportation
11
12 Chapter: 01
13
14 Inmate Transportation
15
16
17 Replaces and/or Supersedes:
18
19 PJ 61
20
21 Published:
22
23 03/29/2012
24
25 Review Date:
26
27 03/29/2013
28
29
30 Sheriff Cory C. Pulsipher
31
32 Chief Deputy Jake Schultz
33
34
35 __**TABLE OF CONTENTS**__
36
37 CE 01_101 Definitions
38
39 CE 01_102 References
40
41 CE 01_103 General
42
43 CE 01_104 State Inmate
44
45 CE 01_105 Transfers to Other Jails
46
47 CE 01_106 Out-of-State Transfers
48
49 CE 01_107 Convicted Inmates
50
51 CE 01_108 Restraints
52
53
54 **CE 01_101 __DEFINITIONS__**
55
56 1. WCSO: Washington County Sheriff's Office
57 1. PCF: Purgatory Correctional Facility
58 1. UDC: Utah Department of Corrections
59
60
61 **CE 01_102 __REFERENCES__**
62
63 1. Immigration and Customs Enforcement Standards:
64 11. 2000-35.
65 1. Utah Sheriffs' Association Jail Standards:
66 11. D04.01.01: Written Inter-Facility Transfer Policies and Procedures Required
67 11. D04.01.02: Inter-Facility Transfer Content
68 11. D04.02.01: Out-of-State Transfers
69 11. D04.02.02: Transfers to Other Jails
70 11. D04.03.01: Transfer to Other Facilities
71 11. D04.03.02: Transfers of Prisoners Sentenced to Prison
72
73
74 **CE 01_103 __GENERAL__**
75
76 1. Policy:
77 11. 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.
78 11. Transportation should be under the supervision of trained and experienced officers.
79 11. Transporting officers should comply with applicable local, state, and federal motor vehicle laws and regulations.
80 11. Every transportation officer required to drive a commercial size bus shall possess a valid Commercial Driver License (CDL) issued by the state of Utah.
81 11. Transporting officers:
82 111. Should limit driving time to 10 hours in any 15 hour period;
83 111. Should drive only after eight consecutive off-duty hours;
84 111. Should not receive transportation assignments after having been on duty, in any capacity, for 15 hours;
85 111. Should not drive more than 50 hours in a given work week or 70 hours during eight consecutive days;
86 111. May, during emergency conditions (including bad weather), drive as long as necessary and safe to reach a safe area (exceeding the 10-hour limit).
87 11. A minimum of two officers should be in each vehicle transporting inmates.
88 11. A minimum of two officers with valid CDLs should be in each commercial size bus transporting ICE detainees.
89 11. Prior to transporting inmates, the vehicle should be thoroughly searched by the transporting officers.
90 11. Positive identification of all inmates to be transported should be confirmed prior to transport.
91 11. All inmates being transported should be searched by the transporting officers immediately prior to boarding the vehicle.
92 11. The number of inmates transported should not exceed the vehicle manufacturer's occupancy level.
93 11. The transporting officers should conduct a visual count once all passengers are on board and seated.
94 11. At least one officer should remain in the vehicle at all times during an inmate transport.
95 11. No one, other than authorized personnel, should be allowed to contact the inmates during transport.
96 11. 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 to inmates.
97 11. Inmate transport vehicles should be equipped with:
98 111. A two-way radio;
99 111. A cellular telephone; and
100 111. Equipment boxes stocked for a use-of-force incident and other emergencies.
101 11. 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.
102 1. Rationale:
103 11. Inmate transportation events place those involved in more vulnerable positions. Thus, specific precautionary procedures should be followed to maximize safety and security.
104 11. Driving limits mitigate the risk of driver fatigue.
105
106
107 **CE 01_104 __STATE INMATE__**
108
109 1. Policy:
110 11. 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).
111 1. Rationale:
112 11. Notification is required via contract.
113
114
115 **CE 01_105 __TRANSFERS TO OTHER JAILS__**
116
117 1. Policy:
118 11. 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.
119 1. Rationale:
120 11. Inmates have no right to be confined in any particular jail.
121 11. The right of inmates to access courts and legal counsel should not be unreasonably restricted.
122
123
124 **CE 01_106 __OUT-OF-STATE TRANSFERS__**
125
126 1. Policy:
127 11. Pre-trial inmates should not be transferred to an out-of-state facility unless the transfer is court ordered.
128 11. 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.
129 1. Rationale:
130 11. 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.
131
132
133 **CE 01_107 __CONVICTED INMATES__**
134
135 1. Policy:
136 11. Convicted inmates may be transferred to facilities in or out of Utah.
137 11. 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.
138 1. Rationale:
139 11. Absent state-created liberty interests, the courts have consistently ruled that inter-state transfers are within the discretion of corrections officials.
140 11. "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)).
141 11. Utah Code 17-22-3 verbatim.
142
143
144 **CE 01_108 __RESTRAINTS__**
145
146 1. Policy:
147 11. Restraints consisting of handcuffs attached to a belly chain and leg irons should be used on each inmate being transported.
148 1. Rationale:
149 11. Restraints on inmates during transport will make escape more difficult.