CF 03 Release Process

Last modified by superadmin on 2021/03/30 17:01

Washington County Sheriff's Office

CORRECTIONS DIVISION

Policy Manual

Volume: CF

Admissions and Releases

Chapter: 03

Release Process

Replaces and/or Supersedes:

PF 30, OD 09-012, OD 09-006, OD 04-015, Review 02/23/2012, PF 05 Money and Property

Published:

02/23/2011

Date Reviewed:

03/30/2021

Sheriff Cory C. Pulsipher

Chief Deputy Jake Schultz

TABLE OF CONTENTS

CF 03_101 Definitions

CF 03_102 References

CF 03_103 General

CF 03_104 Money and Property

CF 03_105 Documentation

CF 03_106 Prison Transfers

CF 03_107 Jail Release Agreement

CF 03_108 Bail

CF 03_109 Out of County Warrants

CF 03_110 Preparation For Release

CF 03_111 Release Process

CF 03_101 DEFINITIONS

WCSO: Washington County Sheriff's Office

PCF: Purgatory Correctional Facility

IPP: Inmate Placement Program (a Utah Department of Corrections program)

BCI: Bureau of Criminal Identification

Detainee: A person kept under involuntary restraint who is not currently under arrest.

Arrestee: A prisoner's status from the time of arrest until the time of correctional facility housing assignment.

Inmate: A prisoner's status after being moved to a correctional facility housing assignment (including ICE detainees).

Prisoner: A person deprived of liberty and kept under involuntary restraint, confinement, or custody; especially: one under arrest, awaiting trial, on trial, or serving a sentence.

Intake: The location where prisoners are held during initial admission, booking, and/or bailing processes.

Housing: The location where inmates are held after initial admission and booking processes are completed and immediate bailing or release attempts are exhausted.

CF 03_102 REFERENCES

Immigration and Customs Enforcement Standards:
1. 4
2. 41
Utah Sheriffs' Association Jail Standards:
1. C04.01.01: Policies and Procedures Required Governing the Inmate Release Process
2. C04.03.01: Release Authorization
3. C04.03.02: Identification
4. C04.04.01: Inmate Property and Money Return
5. C04.04.02: Release Documentation
6. C04.05.01: Transfer of Inmates to the Prison
7. C04.02.01: Opportunity for Bail
8. C04.02.02: Unreasonable Delays Prohibited
9. C04.02.04: List of Bail Bond Companies
Utah Criminal Code
1. 77-36-2.5: Conditions for Release After Arrest for Domestic Violence – Jail ReleaseAgreements

CF 03_103 GENERAL

Policy:
1. Prior to releasing a prisoner, the jail officer shall verify:
  1. The authority to release the prisoner. Jail staff shall match each charge or hold to a specific, lawful release authorization before releasing a prisoner from custody. If a dispute or question exists as to whether a particular charge or hold has been cleared, the releasing officer shall take the necessary steps to resolve the dispute or question prior to releasing the prisoner (e.g., contact the applicable court or holding agency);
  2. That required release papers have been received; and
  3. That there are no other holds, detainers, warrants, or commitments outstanding which would preclude release. Jail staff shall run a new warrant check during the release process.
2. A jail officer releasing a prisoner shall verify:
  1. The identity of the prisoner being released; and
  2. If the prisoner is being released to another jurisdiction, the identity and authority of the officer taking custody of the prisoner.
3. Procedures for verifying the identity of prisoners for release may include, but are not limited to:
  1. Personal knowledge of the identity of the prisoner;
  2. Photograph comparison; and/or
  3. Fingerprint comparison.
4. Procedures for verifying the identity of an officer to whom a prisoner is to be released to may include, but are not limited to:
  1. Personal knowledge of the identity of the officer;
  2. Examining the badge and identification card of the officer; and/or
  3. Contacting the officer's agency.
Rationale:
1. Prisoners may have multiple cases pending with charges which are filed on different dates and in different jurisdictions. Keeping track of the various warrants, commitments, detainers, and holds can be a confusing task. Jail officers are vulnerable to mistakes unless each entry is specifically examined to determine that it has been cleared and the paperwork is in place.
2. Jails handle large numbers of prisoners, many of whom are not known to jail officers. If officers are not diligent in verifying the identity of each prisoner being released, inadvertent releases may occur and result in escape of prisoners from the facility.

CF 03_104 MONEY AND PROPERTY

Policy:
1. Prior to releasing a prisoner, all money and property taken during the admission process shall be returned, except for that which was seized as evidence or was otherwise lawfully confiscated, retained, or destroyed.
  1. All inmate monies will be returned in the form of electronic fund transfer, check or debit card.
  2. Any personal property left at the facility by an inmate shall be disposed of after 30 days from the date of release.
2. If a prisoner claims that property or money is missing, the releasing officer shall:
  1. Research the dispute by comparing the claimed discrepancy against the admission property and money receipts and any other related and available documentation (e.g., commissary receipts, confiscated property notices, etc.); and
  2. Verify what money and property the prisoner is entitled to receive; and
  3. Explain the verification to the prisoner; and
3. If the prisoner continues to challenge the accuracy of the accounting:
  1. The Shift Supervisor will research the prisoner's account history, verify the amount owed the prisoner, and inform the prisoner of his findings; and
  2. If the prisoner is still not satisfied, he is entitled to file a formal written complaint.
Rationale:
1. Unless lawfully seized, retained, or destroyed, there can be no legal justification for refusing to release to a prisoner his/her money and property upon release. For example, illegal items such as drugs (even if no charges are filed) cannot lawfully be returned, nor can items for which the prisoner has previously disavowed ownership. The jail cannot be required to store perishable items. Perishables, such as food, brought to the jail by prisoners who are not released soon after booking, would have to be destroyed for sanitation reasons (Policy CF 02 Admissions and Bookings).

CF 03_105 DOCUMENTATION

Policy:
1. Documentation shall be entered into the jail computer system for each prisoner released including, but not limited to:
  1. The date and time of release;
  2. Authorization for the release;
  3. The agency and person to whom the prisoner was released, if any; and
  4. The money and property returned.
2. The officer returning the property shall sign and date the return form. The prisoner should be requested to sign the form as well. If a prisoner refuses to sign the form, a second officer should verify and sign the form. These actions shall be documented in the jail computer system. The prisoner's receipt for the money and property returned shall be placed in the prisoner's booking file.
Rationale:
1. Documentation is needed to memorialize the release process and to protect the jail and its officers.

CF 03_106 PRISON TRANSFERS

Policy:
1. Prisoners sentenced to confinement in the Utah State Prison should be moved from the jail within five days after the Utah Department of Corrections receives commitment papers from the court, or as soon as transportation can be reasonably arranged with the Utah Department Of Corrections.
2. If not delivered previously, upon transfer of custody of the prisoner, applicable documents will be delivered to the Utah State Prison (such as a warrant ordering the execution of the prisoner).
Rationale:
1. Transportation to the prison within five days after commitment papers are received by Utah Department of Corrections is required by statute. The jail cannot transport a prisoner until it receives the commitment order. In some jurisdictions the commitment order may not be received for more than five days after the sentencing.

CF 03_107 JAIL RELEASE AGREEMENT

Policy:
1. Prisoners in custody on domestic violence charges who have not made their initial appearance before a judge on these charges, shall be required to sign a “Jail Release Agreement” pursuant to Utah Code Section 77-36-2.5 prior to release.
2. If a prisoner refuses to sign the Jail Release Agreement, the prisoner shall not be released. If the prisoner is otherwise ordered by the Court in a “Jail Release Court Order” to abide by the same terms as the Jail Release Agreement pursuant to 77-36-2.5, the prisoner shall be released.
3. Upon release of a prisoner with a “Jail Release Agreement,” the Booking officer shall notify the dispatch center of the conditions of the release, its conditions, and any available information concerning the location of the victim. If the prisoner to be released was arrested by the Washington County Sheriff's Office, the Booking officer shall then make a reasonable effort to notify the victim of the release.
4. Prior to release, a copy of the “Jail Release Agreement” shall be given to the prisoner/arrestee.
Rationale:
1. Pursuant to Utah Code 77-36-2.5, and to protect and inform victims of domestic violence, a Jail Release Agreement shall be given to persons arrested and released on domestic violence related crimes.

CF 03_108 BAIL

Policy:
1. Prisoners shall not be subjected to unreasonable delays in the bail process.
2. After the booking process has been completed, arrestees eligible for a bail bond release should be provided the opportunity to call a bondsman and attempt to secure a release on bond.
3. Probationers and parolees may be held without bail:
  1. The jail may hold a Utah probationer or parolee for up to 72-hours, excluding weekends and holidays, on the initial "Authorization to Detain."
  2. If the arrestee is being supervised on interstate compact, the "Authorization to Detain" is good for 15 days, including weekends and holidays.
  3. The probation/parole officer is not required to provide the "Authorization to Detain" if the offender is arrested on new criminal charges; however, providing the "Authorization" prevents the parolee/probationer from posting bail for the time period specified.
4. Procedures shall not permit unreasonable delays:
  1. At the request of peace officers to accommodate investigative priorities; or
  2. To punish a prisoner for a bad attitude.
5. It shall not be considered to be unreasonable for jail officers to delay the release of a prisoner:
  1. Upon request of a peace officer if:
    1. Additional warrants or commitments have been issued for the prisoner which would justify his continued detention or re-arrest; or
    2. The officer is in the process of filing a new criminal complaint against the prisoner;
  2. If the admission process has not been completed due to the prisoner's lack of cooperation or other delays which are not the fault of jail officers.
6. A list of authorized bail bond businesses and their telephone numbers shall be provided to assist prisoners attempting to secure bail. Jail officers shall not recommend a bail bond business or bondsman.
Rationale:
1. Release on bail is, under ordinary circumstances, guaranteed by the Eighth Amendment to the U.S. Constitution and Utah statutes.
2. Probationers and parolees are convicted offenders who have been given the opportunity to avoid incarceration in prison by serving all or part of their sentences in the community. Such offenders may be arrested and detained if they violate their release agreements, even absent a new criminal charge.
3. After all legitimate admission processes have been completed, unreasonable delays may subject jail officials to potential liability. The prisoner may only be denied bail by a magistrate or district court judge.
4. Providing a list of the names and phone numbers of all authorized bail bond companies allows prisoners to make selections without the influence of jail officers. Jail officers who assist inmates in selecting a bondsman, leave themselves open to possible conflict of interest allegations.

CF 03_109 OUT OF COUNTY WARRANTS

Policy:
1. When another county is notified by PCF of an inmate/arrestee being held at PCF on their warrant, the county shall within 72 hours;
  1. retrieve the inmate/arrestee being house; or
  2. conduct an initial appearance via video arraignment.
2. Any inmate/arrestee held on out of county warrants which are not retrieved within the allotted time frame will be released from PCF custody.
3. Upon release, PCF staff will issue inmates a Promise to Appear (PTA) instructing them to contact the applicable court within 10 days of their release from custody. Staff will document in the jail computer system of the denial to transport from the issuing county.
4. Where special considerations may justify an extension to the established 72 hour time line, the burden will fall on the issuing county to make its request for extension to the Washington County Sheriff's Office Transportation Unit.
Rational
1. Seventy-two hours is a sufficient amount of time for other counties to plan and retrieve inmates or arrestees being house solely on warrants issued through their jurisdictions.
2. Housing an inmate/arrestee under these circumstances longer than 72 hours creates additional burdens on staffing and other housing resources.

CF 03_110 RELEASE PROCESS

Policy
1. After authorization for release has been verified, the Booking Officer shall instruct the Housing Control Officer to have the inmate brought to Booking.
2. The Housing Deputy escorting the inmate to Booking shall verify the inmate's jail-issued property and account for any lost or damaged property.
  1. Any jail-issued property found to be damaged or missing should be charged to the inmate prior to their release.
3. The inmate shall then be taken to the booking counter for processing. At the booking counter:
  1. The inmate's identity shall be verified; then
  2. The inmate shall:
    1. Be released from custody in the jail management system;
    2. Sign for and receive their property;
    3. Sign for and receive the balance of the money in their account; and
    4. Be given the opportunity to complete an exit survey.
4. The Booking officer shall take the inmate to the dressing room. The officer shall then:
  1. Exchange the inmate's jail-issued uniform for the inmate's own personal clothing; and
  2. Return any remaining personal property belonging to the inmate.
5. After the release process has been completed, the inmate will be directed to exit PCF through the public access door.
Rationale:
1. Adhering to a release process helps to ensure release procedures are completed in a timely, consistent, and correct fashion while reducing the possibilities of the erroneous release of prisoners.
2. The release process helps to ensure that both the jail and the prisoners' property are returned in the proper fashion, as well as any prisoner monies.

CF 03_111 RELEASE OF ARRESTEES

Policy:
1. Arrestees who make bail or receive other release authorization during the admission process, and who have not received a permanent housing assignment, shall be released directly from Booking. The release process for arrestees shall be the same as a general release, with the following exceptions:
  1. The arrestee shall be taken to the Booking counter for processing. At the Booking counter:
  2. The arrestee's identity shall be verified; and
  3. The arrestee shall:
    1. Be released in the jail management system;
    2. Sign for and receive their property;
    3. Sign for and receive the money to which the arrestee is entitled; and
    4. Have the opportunity to complete an exit interview survey.
Rationale:
1. Adhering to a release process helps to ensure release procedures are completed in a timely, consistent, and correct fashion while reducing the possibilities of the erroneous release of arrestees.
2. The release process helps to ensure that both the jail and the arrestees' property are returned in the proper fashion, as well as any arrestee monies.