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Wiki source code of CG 06 Non-Punitive Restriction

Version 2.1 by Ryan Larkin on 2021/04/06 16:09
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1 **Washington County Sheriff's Office**
2
3 **CORRECTIONS DIVISION**
4
5 Policy Manual
6
7
8 Volume: CG
9
10 Inmate Management
11
12 Chapter: 06
13
14 Non-Punitive Restriction
15
16
17 Replaces and/or Supersedes:
18
19 PG 14, PG 42, CG 06 Review 2015-08-31
20
21 Published:
22
23 08/31/2011
24
25 Date Reviewed:
26
27 07/20/2015
28
29
30 Sheriff Cory C. Pulsipher
31
32 Chief Deputy Jake Schultz
33
34
35 __**TABLE OF CONTENTS**__
36
37 CG 06_101 Definitions
38
39 CG 06_102 References
40
41 CG 06_103 General
42
43 CG 06_104 Authorization
44
45 CG 06_105 Administrative Segregation
46
47 CG 06_106 Prohibitions
48
49 CG 06_107 Religion
50
51 CG 06_108 Documentation
52
53
54 **CG 06_101 __DEFINITIONS__**
55
56 1. WCSO: Washington County Sheriff's Office
57 1. PCF: Purgatory Correctional Facility
58 1. Administrative Segregation: An inmate classification status of separate and secure housing that is non-punitive in nature.
59 1. Good Time: A reduction in incarceration time through good behavior by the inmate, with approval from the applicable court, and review by jail staff.
60
61
62 **CG 06_102 __REFERENCES__**
63
64 1. Immigration and Customs Enforcement Standards:
65 11. 15.
66 1. Utah Sheriffs' Association Jail Standards:
67 11. D03.01.01: Written Policy and Procedure Required for Non-Punitive Restriction
68 11. D03.02.01: Inmate Management Restrictions
69 11. D03.02.02: Non-Punitive Intent of Restrictions
70 11. D03.03.01: Authorization for Temporary Restriction
71 11. D03.03.02: Review of Restrictions
72 11. D03.04.01: Justification for Administrative Segregation
73 11. D03.04.02: Conditions of Confinement
74 11. D03.05.01: Justification for Restriction
75 11. D03.05.02: Prohibited Restrictions
76 11. D06.04.14: Temporary Restrictions
77 11. P02.02.02: Restricting Inmates First Amendment Religious Rights
78
79
80 **CG 06_103 __GENERAL__**
81
82 1. Policy:
83 11. 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.
84 11. Temporary restriction of privileges and/or services may be imposed when such restrictions are necessary to:
85 111. Gain immediate control over an inmate's dangerous, threatening, or otherwise unacceptable behavior; or
86 111. Control any situation which threatens the safety, security, or order of the jail.
87 11. The use of Administrative Segregation and other non-punitive restrictions shall not be administered with the intent to punish.
88 11. 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.
89 11. The applicable contents and procedures in policy will be communicated to inmates in a language or manner which inmates can understand.
90 1. Rationale:
91 11. 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.
92 11. 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.
93 11. 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.
94 11. 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.
95
96
97 **CG 06_104 __AUTHORIZATION__**
98
99 1. Policy:
100 11. 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.
101 11. The need to continue restriction should be reviewed by administrative or supervisory staff on a scheduled basis.
102 1. Rationale:
103 11. 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.
104 11. Reviewing restriction as long as the restriction remains in force is necessary because:
105 111. Restriction is intended to serve explicit non-punitive purposes;
106 111. Once the need for restriction is resolved, restriction will no longer be serving the intended purpose; and
107 111. A scheduled review will make it less likely that follow-up will be unnecessarily delayed.
108
109
110 **CG 06_105 __ADMINISTRATIVE SEGREGATION__**
111
112 1. Policy:
113 11. Administrative Segregation inmates shall be housed separate from general population inmates.
114 11. Administrative Segregation may be used when:
115 111. The inmate requests to be segregated for his/her own safety or is deemed by staff to be in need of protection;
116 111. Necessary to protect the safety of others;
117 111. Necessary to meet the needs of the safety, security, or order of the jail facility or operations;
118 111. An inmate awaiting a disciplinary hearing needs to be segregated prior to the hearing;
119 111. Isolation of an inmate is necessary pending an investigation;
120 111. Necessary to isolate an in-transit inmate or an inmate who is awaiting transfer;
121 111. Ordered by a medical personnel for medical or mental health reasons;
122 111. An inmate has or is suspected of having a contagious disease; or
123 111. Isolation of an inmate is necessary pending reassessment of classification.
124 11. 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:
125 111. Be offered a minimum of one hour of recreation per day, five days a week, unless documented security or safety considerations dictate otherwise;
126 111. Be able to write and receive mail and correspondence as they would otherwise be able to do while housed within the general population;
127 111. Be provided opportunities for general visitation, including legal visitation, unless there are substantial, documented reasons for withholding those privileges;
128 111. Have access to personal legal materials, law library materials, and legal visits;
129 111. Have access to telephones; and
130 111. Have access to programs and services such as commissary, library, religious guidance, and recreation.
131 11. Inmates on Administrative Segregation status shall not be permitted to attend congregational programming.
132 11. The status of inmates in Administrative Segregation shall be reviewed according to the Classification review schedule (reference policy: [[CG 05 Inmate Classification>>doc:Policy.Corrections.CG 05 Inmate Classification.WebHome]]).
133 1. Rationale:
134 11. Administrative Segregation is an option for staff to safeguard against greater risks.
135 11. 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.
136 11. Allowing congregational programming would undermine the purpose(s) of the Administrative Segregation status of the inmate.
137
138
139 **CG 06_106 __PROHIBITIONS__**
140
141 1. Policy:
142 11. Non-punitive restrictions shall not include:
143 111. Loss of Good Time;
144 111. Denial of food, medical care, basic personal hygiene, or other essential necessities of life; or
145 111. Denying access to courts and counsel or other restrictions which would violate the clearly established rights of inmates.
146 1. Rationale:
147 11. 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.
148
149
150 **CG 06_107 __RELIGION__**
151
152 1. Policy:
153 11. 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.
154 1. Rationale:
155 11. RLUIPA (Religious Land Use and Institutionalized Persons Act) permits restriction of inmates' religious practice if:
156 111. There is a compelling state interest for the restriction; and
157 111. The restriction is the least restrictive alternative for regulating the practice.
158
159
160 **CG 06_108 __DOCUMENTATION__**
161
162 1. Policy:
163 11. 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.
164 1. Rationale:
165 11. Proper documentation memorializes events and may help the WCSO in litigation.