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Wiki source code of CF 03 Release Process

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Ryan Larkin 1.1 1 **Washington County Sheriff's Office**
2
3 **CORRECTIONS DIVISION**
4
5 Policy Manual
6
7
8 Volume: CF
9
10 Admissions and Releases
11
12 Chapter: 03
13
14 Release Process
15
16
17 Replaces and/or Supersedes:
18
19 PF 30, OD 09-012, OD 09-006, OD 04-015, Review 02/23/2012, PF 05 Money and Property
20
21 Published:
22
23 02/23/2011
24
25 Date Reviewed:
26
Ryan Larkin 4.1 27 03/30/2021
Ryan Larkin 1.1 28
29
30 Sheriff Cory C. Pulsipher
31
32 Chief Deputy Jake Schultz
33
34
35 __**TABLE OF CONTENTS**__
36
37 CF 03_101 Definitions
38
39 CF 03_102 References
40
41 CF 03_103 General
42
43 CF 03_104 Money and Property
44
45 CF 03_105 Documentation
46
47 CF 03_106 Prison Transfers
48
49 CF 03_107 Jail Release Agreement
50
51 CF 03_108 Bail
52
53 CF 03_109 Out of County Warrants
54
55 CF 03_110 Preparation For Release
56
57 CF 03_111 Release Process
58
59
60 **CF 03_101 __DEFINITIONS__**
61
62 WCSO: Washington County Sheriff's Office
63
64 PCF: Purgatory Correctional Facility
65
66 IPP: Inmate Placement Program (a Utah Department of Corrections program)
67
68 BCI: Bureau of Criminal Identification
69
70 Detainee: A person kept under involuntary restraint who is not currently under arrest.
71
72 Arrestee: A prisoner's status from the time of arrest until the time of correctional facility housing assignment.
73
74 Inmate: A prisoner's status after being moved to a correctional facility housing assignment (including ICE detainees).
75
76 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.
77
78 Intake: The location where prisoners are held during initial admission, booking, and/or bailing processes.
79
80 Housing: The location where inmates are held after initial admission and booking processes are completed and immediate bailing or release attempts are exhausted.
81
82
83 **CF 03_102 __REFERENCES__**
84
85 1. Immigration and Customs Enforcement Standards:
86 11. 4
87 11. 41
88 1. Utah Sheriffs' Association Jail Standards:
Ryan Larkin 3.2 89 11. C04.01.01: Policies and Procedures Required Governing the Inmate Release Process
90 11. C04.03.01: Release Authorization
91 11. C04.03.02: Identification
92 11. C04.04.01: Inmate Property and Money Return
93 11. C04.04.02: Release Documentation
94 11. C04.05.01: Transfer of Inmates to the Prison
95 11. C04.02.01: Opportunity for Bail
96 11. C04.02.02: Unreasonable Delays Prohibited
97 11. C04.02.04: List of Bail Bond Companies
Ryan Larkin 1.1 98 1. Utah Criminal Code
99 11. 77-36-2.5: Conditions for Release After Arrest for Domestic Violence – Jail ReleaseAgreements
100
101 **CF 03_103 __GENERAL__**
102
103 1. Policy:
104 11. Prior to releasing a prisoner, the jail officer shall verify:
105 111. 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);
106 111. That required release papers have been received; and
107 111. 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.
108 11. A jail officer releasing a prisoner shall verify:
109 111. The identity of the prisoner being released; and
110 111. If the prisoner is being released to another jurisdiction, the identity and authority of the officer taking custody of the prisoner.
111 11. Procedures for verifying the identity of prisoners for release may include, but are not limited to:
112 111. Personal knowledge of the identity of the prisoner;
113 111. Photograph comparison; and/or
114 111. Fingerprint comparison.
115 11. Procedures for verifying the identity of an officer to whom a prisoner is to be released to may include, but are not limited to:
116 111. Personal knowledge of the identity of the officer;
117 111. Examining the badge and identification card of the officer; and/or
118 111. Contacting the officer's agency.
119 1. Rationale:
120 11. 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.
121 11. 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.
122
123 **CF 03_104 __MONEY AND PROPERTY__**
124
125 1. Policy:
126 11. 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.
Ryan Larkin 3.1 127 111. All inmate monies will be returned in the form of electronic fund transfer, check or debit card.
Ryan Larkin 4.1 128 111. Any personal property left at the facility by an inmate shall be disposed of after 30 days from the date of release.
Ryan Larkin 1.1 129 11. If a prisoner claims that property or money is missing, the releasing officer shall:
130 111. 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
131 111. Verify what money and property the prisoner is entitled to receive; and
132 111. Explain the verification to the prisoner; and
133 11. If the prisoner continues to challenge the accuracy of the accounting:
134 111. The Shift Supervisor will research the prisoner's account history, verify the amount owed the prisoner, and inform the prisoner of his findings; and
135 111. If the prisoner is still not satisfied, he is entitled to file a formal written complaint.
136 1. Rationale:
137 11. 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).
138
139 **CF 03_105 __DOCUMENTATION__**
140
141 1. Policy:
142 11. Documentation shall be entered into the jail computer system for each prisoner released including, but not limited to:
143 111. The date and time of release;
144 111. Authorization for the release;
145 111. The agency and person to whom the prisoner was released, if any; and
146 111. The money and property returned.
147 11. 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.
148 1. Rationale:
149 11. Documentation is needed to memorialize the release process and to protect the jail and its officers.
150
151 **CF 03_106 __PRISON TRANSFERS__**
152
153 1. Policy:
154 11. 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.
155 11. 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).
156 1. Rationale:
157 11. 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.
158
159 **CF 03_107 __JAIL RELEASE AGREEMENT__**
160
161 1. Policy:
162 11. 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.
163 11. 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.
164 11. 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.
165 11. Prior to release, a copy of the “Jail Release Agreement” shall be given to the prisoner/arrestee.
166 1. Rationale:
167 11. 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.
168
169 **CF 03_108 __BAIL__**
170
171 1. Policy:
172 11. Prisoners shall not be subjected to unreasonable delays in the bail process.
173 11. 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.
174 11. Probationers and parolees may be held without bail:
175 111. The jail may hold a Utah probationer or parolee for up to 72-hours, excluding weekends and holidays, on the initial "Authorization to Detain."
176 111. If the arrestee is being supervised on interstate compact, the "Authorization to Detain" is good for 15 days, including weekends and holidays.
177 111. 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.
178 11. Procedures shall not permit unreasonable delays:
179 111. At the request of peace officers to accommodate investigative priorities; or
180 111. To punish a prisoner for a bad attitude.
181 11. It shall not be considered to be unreasonable for jail officers to delay the release of a prisoner:
182 111. Upon request of a peace officer if:
183 1111. Additional warrants or commitments have been issued for the prisoner which would justify his continued detention or re-arrest; or
184 1111. The officer is in the process of filing a new criminal complaint against the prisoner;
185 111. 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.
186 11. 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.
187 1. Rationale:
188 11. Release on bail is, under ordinary circumstances, guaranteed by the Eighth Amendment to the U.S. Constitution and Utah statutes.
189 11. 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.
190 11. 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.
191 11. 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.
192
193 **CF 03_109 __OUT OF COUNTY WARRANTS__**
194
195 1. Policy:
196 11. When another county is notified by PCF of an inmate/arrestee being held at PCF on their warrant, the county shall within 72 hours;
197 111. retrieve the inmate/arrestee being house; or
198 111. conduct an initial appearance via video arraignment.
199 11. Any inmate/arrestee held on out of county warrants which are not retrieved within the allotted time frame will be released from PCF custody.
200 11. 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.
201 11. 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.
202 1. Rational
203 11. 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.
204 11. Housing an inmate/arrestee under these circumstances longer than 72 hours creates additional burdens on staffing and other housing resources.
205
206 **CF 03_110 __RELEASE PROCESS__**
207
208 1. Policy
209 11. After authorization for release has been verified, the Booking Officer shall instruct the Housing Control Officer to have the inmate brought to Booking.
210 11. The Housing Deputy escorting the inmate to Booking shall verify the inmate's jail-issued property and account for any lost or damaged property.
211 111. Any jail-issued property found to be damaged or missing should be charged to the inmate prior to their release.
212 11. The inmate shall then be taken to the booking counter for processing. At the booking counter:
213 111. The inmate's identity shall be verified; then
214 111. The inmate shall:
215 1111. Be released from custody in the jail management system;
216 1111. Sign for and receive their property;
217 1111. Sign for and receive the balance of the money in their account; and
218 1111. Be given the opportunity to complete an exit survey.
219 11. The Booking officer shall take the inmate to the dressing room. The officer shall then:
220 111. Exchange the inmate's jail-issued uniform for the inmate's own personal clothing; and
221 111. Return any remaining personal property belonging to the inmate.
222 11. After the release process has been completed, the inmate will be directed to exit PCF through the public access door.
223 1. Rationale:
224 11. 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.
225 11. 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.
226
227 **CF 03_111 __RELEASE OF ARRESTEES__**
228
229 1. Policy:
230 11. 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:
231 111. The arrestee shall be taken to the Booking counter for processing. At the Booking counter:
232 111. The arrestee's identity shall be verified; and
233 111. The arrestee shall:
234 1111. Be released in the jail management system;
235 1111. Sign for and receive their property;
236 1111. Sign for and receive the money to which the arrestee is entitled; and
237 1111. Have the opportunity to complete an exit interview survey.
238 1. Rationale:
239 11. 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.
240 11. 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.