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Wiki source code of CH 03 Telephone Calls

Version 2.1 by Ryan Larkin on 2017/08/07 19:37
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1 **Washington County Sheriff's Office**
2
3 **CORRECTIONS DIVISION**
4
5 Policy Manual
6
7
8 Volume: CH
9
10 Services and Programs
11
12 Chapter: 03
13
14 Telephone Calls
15
16
17 Replaces and/or Supersedes:
18
19 PH 07, PH 13, OD 05-003-A
20
21 Published:
22
23 03/13/2012
24
25 Review Date:
26
27 08/07/2017
28
29
30 Sheriff Cory C. Pusipher
31
32 Chief Deputy Jake Schultz
33
34
35 __**TABLE OF CONTENTS**__
36
37 CH 03_101 Definitions
38
39 CH 03_102 References
40
41 CH 03_103 General
42
43 CH 03_104 Access and Use
44
45
46 **CH 03_101 __DEFINITIONS__**
47
48 1. WCSO: Washington County Sheriff's Office
49 1. PCF: Purgatory Correctional Facility
50 1. ICE: Immigration and Customs Enforcement
51
52 **CH 03_102 __REFERENCES__**
53
54 1. Immigration and Customs Enforcement Standards:
55 11. 2000-15.
56 1. Utah Sheriffs' Association Jail Standards:
57 11. C03.01.01: Policies and Procedures Required Governing the Ancillary Admission Functions
58 11. C03.06.01: Access to Telephones
59 11. E03.01.01: Written Personal Telephone Call Policies and Procedures Required
60 11. E03.02.01: Function and Management
61 11. E03.02.02: Hours of Telephone Access
62 11. E03.03.01: Privacy and Monitoring Telephones
63 11. E03.03.02: Notice of Monitoring
64 11. E03.03.03: Recording Telephone Calls
65 11. E03.03.04: Telephone Rules
66 11. E03.03.05: Violations of Telephone Rules
67 11. E03.04.01: Long Distance Telephone Calls
68 11. E03.04.02: Collect Telephone Systems
69
70 **CH 03_103 __GENERAL__**
71
72 1. Policy:
73 11. PCF shall implement a telephone use system for inmates which:
74 111. Permits inmates to call family members and other approved persons; and
75 111. Functions in a manner which furthers the legitimate penological interests of the jail.
76 11. Telephones shall be inspected regularly by jail staff to ensure that they are in good working order. Out-of-order phones shall be reported promptly.
77 11. Inmates shall have no expectation of privacy in their personal telephone calls. Calls may be monitored and recorded. Inmates shall be provided notice of this via signage near each phone. Legal calls to established legal phone numbers shall be excluded from monitoring and recording. The inmate or legal representative must notify PCF in order to have the monitoring and recording feature turned off.
78 11. Telephone use rules shall be posted for inmate reference in the Inmate Orientation Packet (reference policy: [[CG 04 Orientation and Rules>>doc:Policy.Corrections.CG 04 Orientation and Rules.WebHome]]).
79 11. Violations of telephone rules shall be processed through the inmate discipline system (reference policy: [[CG 07 Punitive Discipline>>doc:Policy.Corrections.CG 07 Punitive Discipline.WebHome]]) and may result in:
80 111. Warnings or other informal disciplinary actions;
81 111. Formal disciplinary actions; and/or
82 111. Criminal actions.
83 1. Rationale:
84 11. Telephone use provides a means of assisting inmates to maintain family and community ties while incarcerated.
85 11. Inmates may abuse telephone privileges to arrange to introduce contraband, conspire to violate the law or jail security, or otherwise frustrate the legitimate interests of the jail.
86 11. An additional margin of protection against civil rights litigation may be provided by putting inmates on notice.
87
88 **CH 03_104 __ACCESS AND USE__**
89
90 1. Policy:
91 11. During or immediately following the admission process, inmates shall be permitted to telephone:
92 111. An attorney;
93 111. A bondsman, if eligible for bail; and/or
94 111. A family member or friend.
95 11. After admission, inmates shall have access to telephones in their housing unit. Unless otherwise regulated, telephones may be accessed daily from about 0900 hours until about 2200 hours. Telephones will not be turned on until after bunk inspections are completed. In special management housing units, telephone use may be limited to the time that the inmate is allowed out of his/her cell. Inmates in disciplinary isolation shall be limited to legal, embassy, and consular calls only.
96 11. Inmate telephones may be turned off at any time to facilitate legitimate penological interests (e.g., to avoid notification of inmate transport events).
97 11. Telephone calls should be limited to 20 minutes during high-demand times (i.e., when all phones are in use).
98 11. Inmates may make local and long distance calls by calling collect or purchasing phone minutes from the Commissary Unit.
99 11. A one-time, free call may be permitted to a cell phone number in order to give the cell phone owner the opportunity to make arrangements to receive future calls.
100 11. Telephone call rule exceptions (i.e., emergencies or exigencies) may be granted on a case-by-case basis at the request of the inmate to the shift supervisor.
101 11. Consulate calls shall be free. ICE detainee questions related to calls to consulates or other special circumstances should be referred to ICE staff.
102 1. Rationale:
103 11. Inmates are lawfully entitled access to counsel if charged with a criminal offense; to attempt to make bail, if eligible for bail; and to notify a family member or other person within a reasonable time.
104 11. There is no clearly established constitutional requirement which defines the extent to which inmates are entitled to access telephones for personal calls. Courts ruling on inmate telephone access issues have reached widely differing conclusions. Some courts have ruled that inmates have, at least, some right of access to telephones for personal use; a few even specifying the hours of the day, the amount of time per inmate, and/or number of calls per week required to satisfy inmates' constitutional rights. Other courts have ruled that inmates have little, if any, constitutional right to make personal telephone calls (other than at admission to contact a bondsman, attorney, or family member).
105 11. Exigent circumstances may require special consideration for exception to standard telephone use rules.