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CG 06 Non-Punitive Restriction

Last modified by superadmin on 2021/04/06 16:14

Washington County Sheriff's Office

CORRECTIONS DIVISION

Policy Manual

Volume: CG

Inmate Management

Chapter: 06

Non-Punitive Restriction

Replaces and/or Supersedes:

PG 14, PG 42, CG 06 Review 2015-08-31

Published:

08/31/2011

Date Reviewed:

04/06/2021

Sheriff Cory C. Pulsipher

Chief Deputy Jake Schultz

TABLE OF CONTENTS

CG 06_101  Definitions

CG 06_102  References

CG 06_103  General

CG 06_104  Authorization

CG 06_105  Administrative Segregation

CG 06_106  Prohibitions

CG 06_107  Religion

CG 06_108  Documentation

CG 06_101  DEFINITIONS

  1. WCSO:  Washington County Sheriff's Office
  2. PCF:  Purgatory Correctional Facility
  3. Administrative Segregation:  An inmate classification status of separate and secure housing that is non-punitive in nature.
  4. Good Time:  A reduction in incarceration time through good behavior by the inmate, with approval from the applicable court, and review by jail staff.

CG 06_102  REFERENCES

  1. Immigration and Customs Enforcement Standards:
    1. 15.
  2. Utah Sheriffs' Association Jail Standards:
    1. D03.01.01:  Written Policy and Procedure Required for Non-Punitive Restriction
    2. D03.02.01:  Inmate Management Restrictions
    3. D03.02.02:  Non-Punitive Intent of Restrictions
    4. D03.03.01:  Authorization for Temporary Restriction
    5. D03.03.02:  Review of Restrictions
    6. D03.04.01:  Justification for Administrative Segregation
    7. D03.04.02:  Conditions of Confinement
    8. D03.05.01:  Justification for Restriction
    9. D03.05.02:  Prohibited Restrictions
    10. D06.04.14:  Temporary Restrictions
    11. P02.02.02:  Restricting Inmates First Amendment Religious Rights

CG 06_103  GENERAL

  1. Policy:
    1. PCF staff may utilize non-punitive restrictions to further the legitimate inmate management interests of the jail, including but not limited to: safety, security, order, and treatment.
    2. Temporary restriction of privileges and/or services may be imposed when such restrictions are necessary to:
      1. Gain immediate control over an inmate's dangerous, threatening, or otherwise unacceptable behavior; or
      2. Control any situation which threatens the safety, security, or order of the jail.
    3. The use of Administrative Segregation and other non-punitive restrictions shall not be administered with the intent to punish.
    4. Inmates charged with criminal or disciplinary violations may be temporarily, non-punitively restricted pending a due process hearing if such restriction is necessary to ensure safety, security, order, or other legitimate interests. However, non-punitive inmate management decisions shall be separate from disciplinary decisions.
    5. The applicable contents and procedures in policy will be communicated to inmates in a language or manner which inmates can understand.
  2. Rationale:
    1. Individual inmates present widely differing management problems. Varying types and degrees of restriction are needed to reasonably protect a diverse inmate population while meeting the jail's safety, security, and program requirements. All inmates cannot be handled, supervised, treated, and controlled in the same manner because individual inmates represent different levels of threat of violence, vulnerability, risk of escape, and needs.
    2. Accurate evaluation of risk and of need for restriction is, at best, very difficult due to the rapid turnover of inmates in jails, and the limited information ordinarily available to jail officials upon which to base their determinations.
    3. The security of the jail and the safety of staff, inmates, and others is of much greater importance than the short-term enjoyment of, or access to, privileges and services in the facility.
    4. Temporary lockdown or other restrictions of the rights or privileges of inmates prior to, or without, a disciplinary hearing may be non-punitive with the intent to stabilize situations, reduce risk, or meet other legitimate PCF interests. Such actions are lawful if not done with the intent to punish. Inmates may be transferred from one location to another for non-punitive reasons without due process, even if it results in harsher conditions of confinement. This includes transfers to Administrative Segregation of inmates awaiting disciplinary hearings.

CG 06_104  AUTHORIZATION

  1. Policy:
    1. Any officer can order temporary segregation of an inmate or the temporary suspension of services or privileges if the officer has reason to believe that failure to act would endanger the security of the jail or the safety of staff, inmates, or others. Temporary restrictions shall be reviewed as soon as possible by a supervisor to determine whether the restrictions should be continued.
    2. The need to continue restriction should be reviewed by administrative or supervisory staff on a scheduled basis.
  2. Rationale:
    1. Allowing immediate staff action, followed within a reasonable time by supervisor review, provides a balancing of the needs of the facility with the interests of inmates.
    2. Reviewing restriction as long as the restriction remains in force is necessary because:
      1. Restriction is intended to serve explicit non-punitive purposes;
      2. Once the need for restriction is resolved, restriction will no longer be serving the intended purpose; and
      3. A scheduled review will make it less likely that follow-up will be unnecessarily delayed.

CG 06_105  ADMINISTRATIVE SEGREGATION

  1. Policy:
    1. Administrative Segregation inmates shall be housed separately from general population inmates.
    2. Administrative Segregation may be used when:
      1. The inmate requests to be segregated for his/her own safety or is deemed by staff to be in need of protection;
      2. Necessary to protect the safety of others;
      3. Necessary to meet the needs of the safety, security, or order of the jail facility or operations;
      4. An inmate awaiting a disciplinary hearing needs to be segregated prior to the hearing;
      5. Isolation of an inmate is necessary pending an investigation;
      6. Necessary to isolate an in-transit inmate or an inmate who is awaiting transfer;
      7. Ordered by medical personnel for medical or mental health reasons;
      8. An inmate has or is suspected of having a contagious disease; or
      9. Isolation of an inmate is necessary pending a reassessment of classification.
    3. The conditions of confinement for inmates held in Administrative Segregation should not be intentionally dissimilar to the conditions in the general population, except to the extent required to further the jail's safety, security, or other legitimate interests. Each inmate in Administrative Segregation will:
      1. Be offered a minimum of one hour of recreation per day, five days a week, unless documented security or safety considerations dictate otherwise;
      2. Be able to write and receive mail and correspondence as they would otherwise be able to do while housed within the general population;
      3. Be provided opportunities for general visitation, including legal visitation, unless there are substantial, documented reasons for withholding those privileges;
      4. Have access to personal legal materials, law library materials, and legal visits;
      5. Have access to telephones; and
      6. Have access to programs and services such as commissary, library, religious guidance, and recreation.
    4. Inmates on Administrative Segregation status should not be permitted to attend congregational programming.
    5. The status of inmates in Administrative Segregation shall be reviewed according to the Classification review schedule (reference policy: CG 05 Inmate Classification).
  2. Rationale:
    1. Administrative Segregation is an option for staff to safeguard against greater risks.
    2. While conditions will likely be different in segregation than in the general population (possibly less comfortable), the differences in living conditions do not necessarily trigger a constitutional cause of action. However, jail officials should not add to the restrictions unless such restrictions serve a legitimate penological purpose.
    3. Allowing congregational programming would undermine the purpose(s) of the Administrative Segregation status of the inmate.

CG 06_106  PROHIBITIONS

  1. Policy:
    1. Non-punitive restrictions shall not include:
      1. Loss of Good Time;
      2. Denial of food, medical care, basic personal hygiene, or other essential necessities of life; or
      3. Denying access to courts and counsel or other restrictions would violate the clearly established rights of inmates.
  2. Rationale:
    1. Taking Good Time without due process or denying inmates the essential necessities of life is prohibited by the constitutions and laws of the United States and the State of Utah.

CG 06_107  RELIGION

  1. Policy:
    1. Restriction of inmates' religious practices shall be justified by a legitimate penological interest and shall be the least restrictive alternative for regulating the religious practice.
  2. Rationale:
    1. RLUIPA (Religious Land Use and Institutionalized Persons Act) permits restriction of inmates' religious practice if:
      1. There is a compelling state interest for the restriction; and
      2. The restriction is the least restrictive alternative for regulating the practice.

CG 06_108  DOCUMENTATION

  1. Policy:
    1. Detailed records will be maintained on the circumstances related to an inmate’s confinement in Administrative Segregation and other non-punitive restrictions via the jail computer system.
  2. Rationale:
    1. Proper documentation memorializes events and may help the WCSO in litigation.