Chapter 2.21
CORRECTIONAL FACILITY STANDARDS
Sections:
2.21.010 Purpose and statutory authority.
2.21.030 General administration.
2.21.070 Emergency procedures.
2.21.080 Fire prevention/suppression.
2.21.140 Classification/segregation.
2.21.150 Goodtime (earned early release).
2.21.160 Release and transfer.
2.21.190 Supervision/surveillance.
2.21.220 Prisoner rules of conduct.
2.21.240 Grievance procedures.
2.21.250 Designated health authority and licensed staff.
2.21.260 Health care policies and procedures.
2.21.280 Access to health care.
2.21.290 Health care training.
2.21.320 Special medical issues.
2.21.330 Access to facilities.
2.21.350 Clothing/bedding and personal items.
2.21.420 Grievance procedures.
2.21.430 Written procedures for medical services.
2.21.440 Visitation for work release participants.
2.21.450 Transportation for work release participants.
2.21.460 Employment restrictions.
2.21.470 Work release participant money accounts.
2.21.480 Accountability for participants in the work release program.
2.21.490 Searches of work release participants.
2.21.010 Purpose and statutory authority.
Pursuant to RCW 70.48.071, Kitsap County hereby establishes the following operating standards for adult correctional facilities owned and operated by Kitsap County.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.020 Definitions.
The following words and phrases shall have the meaning indicated whenever used in this chapter unless a different meaning is specifically indicated:
(1) “Sheriff or designee” means the elected sheriff, the undersheriff, chief criminal deputy, superintendent of corrections or chief of detectives.
(2) “Communicable disease” means microorganisms that are easily transferable from one body to another creating a condition which must be reported to the health department.
(3) “Contraband” means any substance or item not specifically permitted by the jail or special detention program administration.
(4) “Day room” means an area to which prisoners have unrestricted access during all or part of a day for leisure, dining, hygiene, or similar activities.
(5) “Corrections division” means the superintendent of corrections or designee, and/or the Kitsap County sheriff’s office jail.
(6) “Dormitory” means a secured sleeping and day room area occupied per design by more than one prisoner.
(7) “Governing unit” means Kitsap County or the Kitsap County board of county commissioners.
(8) “Jail” means any adult correctional facility, which includes the Kitsap County sheriff’s office jail and the work release facility.
(9) “Living area” includes single cells, dormitories, day rooms area and leisure time activity space.
(10) “Single cell” means a secured sleeping area occupied by only one prisoner, and which is physically and visually separated from prisoner sleeping areas on at least three of its four sides.
(11) “Work release program” means a program for the housing of special populations of sentenced persons who do not require the level of security normally provided in jail facilities including, but not limited to, persons convicted of offenses under RCW 46.61.502 or 46.61.503; provided, that it shall also mean a program of scheduled release from the physical confines of the jail for the purpose of employment, seeking employment, school or other approved activities.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.030 General administration.
(1) The sheriff or designee shall develop and maintain an organizational chart and an operations manual of policies and procedures consistent with the provisions of this chapter.
(2) Such chart and manual shall be available to all staff.
(3) All jail policies and procedures should be reviewed and revised as appropriate on a continuing basis but at least yearly.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.040 Staff positions.
(1) Written job descriptions shall define the responsibilities and designate the qualifications for each staff position.
(2) All jail staff shall be selected in accordance with Chapter 41.14 RCW and/or other applicable legal requirements.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.050 Training.
(1) The jail shall provide preservice orientation to each newly hired jail staff member prior to being assigned to duty, regardless of his or her previous training or experience prior to the assignment of any jail duties. Such training may be provided either by existing jail staff or other qualified persons, and must be verified by a written outline, and shall include, but not necessarily be limited to:
(a) Review and understanding of all policies and procedures relating to his/her job responsibilities, specifically:
(i) Agency organization;
(ii) Admission and release procedures;
(iii) Security and safety procedures;
(iv) Contraband control, definition of, etc.;
(v) Prisoner discipline;
(vi) Medical and mental health procedures;
(vii) Use of force;
(viii) Confidentiality of jail records.
(b) Review of the Washington criminal justice system and these custodial care standards as they relate to jail duties.
(c) Identification and understanding of the function of agencies whose authority may extend to the jail’s prisoners.
(d) Appropriate training and qualification in the use of weapons when jail duties include possession or carrying of a firearm.
(2) All persons directly responsible for the supervision of prisoners shall successfully complete the Washington State Criminal Justice Training Commission (CJTC) basic correctional officer academy (COA) within the first six months of their employment, as required by WAC 239-36-010 unless such training has already been received, or equivalency has been granted by the CJTC.
(3) Staff training shall further include such training as required by Section 2.21.290 (Health Care Training).
(Ord. 463 (2010) § 2 (part), 2010)
2.21.060 Records.
(1) The sheriff or designee shall establish a records system which shall comply with the requirements of this section.
(2) The jail shall maintain fiscal records which clearly indicate facility operation and maintenance costs according to generally accepted accounting principles. Such records shall separate specific jail functions from other departmental functions.
(3) All jail facility personnel shall be advised of the statutory provisions for confidentiality of jail records under RCW 70.48.100.
(4) The information required by the booking and release form shall be obtained for each booking and release. Such information will be retained in written form or within computer records. Other information retained in each prisoner’s jail records shall include, but not be limited to, court orders, personal property receipts, information reports, reports of disciplinary actions and/or unusual occurrences, and, in case of death, disposition of prisoner’s property and remains.
(5) Health care records shall be maintained separately in accordance with Section 2.21.310 (Health Care Records) to the extent necessary to maintain their confidentiality.
(6) Each prisoner shall be permitted reasonable access to his jail record, or reasonable access to information contained therein; provided, that such access may be limited only by law.
(7) When a prisoner is transferred to another facility, copies or summaries of all health records regarding medical problems shall be transferred to the receiving facility; provided, that the requirements of Section 2.21.310 and governing laws regarding confidentiality are followed. Applicable court orders shall be transferred. Summaries or copies of disciplinary records shall be transferred where such information may serve a substantial governmental interest in the safety or security of the receiving institution.
(8) The jail shall complete periodic reports on its population.
(9) The jail should, in addition, maintain an ongoing and permanent accounting of its population by confinement categories, location, or classification within the jail.
(10) The jail shall maintain an accurate jail register as required by RCW 70.48.100.
(11) The jail shall maintain a written record of all incidents which result in substantial property damage or bodily harm, or serious threat of substantial property damage or bodily harm. Major infraction reports and disciplinary actions shall become part of the prisoner’s jail record.
(12) All serious incidents and emergencies shall be recorded on an incident report, a copy of which shall be retained. For purposes of this section, the term “serious incidents and emergencies” includes, but is not limited to, any death which occurs within the jail, attempted suicides, epidemics, attempted or completed escapes, any attempted or completed assault upon staff or prisoners, fires, riots, flooding or other natural disasters.
(13) The jail should keep a log of daily activity within the facility for future accountability.
(14) Training records shall be maintained for each staff member employed by the jail.
(15) Performance records should be maintained for each staff member employed by the jail.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.070 Emergency procedures.
(1) The sheriff or designee shall formulate written emergency procedures relative to escapes, riots, rebellions, assaults, injuries, suicides or attempted suicides, outbreak of infectious disease, fire, acts of nature, and any other type of major disaster or disturbance. The emergency plan shall outline the responsibilities of jail facility staff, evacuation procedures, and subsequent disposition of the prisoners after removal from the area or facility. Such plan shall be formulated in cooperation with the appropriate supporting local government units.
(2) Emergency plans shall always be available to the officer in charge of the jail, and all personnel shall be aware of, and trained in, the procedures.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.080 Fire prevention/suppression.
(1) The department sheriff or designee shall consult with the local fire department having jurisdiction over the facility in developing a written fire prevention and suppression plan which shall include, but not be limited to:
(a) A fire prevention plan to be part of the operations manual of policies and procedures;
(b) A requirement that staff are alert to fire hazards during their daily rounds.
(c) Fire prevention inspections requested at least semi-annually of the fire department having jurisdiction; provided, that when such inspections cannot be obtained from such fire department, the facility shall provide such inspections by an independent, qualified source.
(d) A regular schedule for inspections, testing and servicing fire suppression equipment.
(2) Results of all fire prevention inspections shall be kept on file at the jail, together with records of actions taken to comply with recommendations from such reports.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.090 Overcrowding.
(1) It is the purpose of these standards to provide a firm approach to preventing overcrowding in the jail facility and to create a workable and flexible process for addressing overcrowding.
(2) No prisoner shall be required to sleep directly on the floor for any length of time. No prisoner shall be required to sleep on a mattress directly on the floor in excess of one seventy-two-hour period, unless there are reasonable grounds to believe that such provisions are necessary to prevent the prisoner from damaging property, inflicting bodily harm to himself or substantially compromising the security of the jail.
(3) The sheriff or designee shall set the maximum capacity for the jail facility. This capacity shall reflect a judgment as to the maximum number of prisoners who may be housed within the facility in a humane fashion.
(4) In setting the maximum capacity, the sheriff or designee should take into account the following factors:
(a) The average amount of cell and day room space which would be available to each prisoner at maximum capacity;
(b) The number of hours each day prisoners in the area have access to day rooms;
(c) If the day room access is less than twelve hours each day, the amount of space per prisoner in the cell area;
(d) The classification and types of prisoners held;
(e) The average length of stay of prisoners held;
(f) The maximum length of actual stay of prisoners held;
(g) The nature and amount of physical exercise available to prisoners;
(h) The amount of access to visitation;
(i) The amount of other out-of-living-area time available to prisoners;
(j) Description of services and programs available to prisoners, especially those covered by custodial care standards; and
(k) The number of incidents occurring in the jail in the previous twelve months.
(5) The maximum capacity, for a particular day(s) in a month, may only be exceeded to the extent that the average daily population for any entire calendar month does not exceed the established maximum capacity.
(6) The sheriff or designee shall establish in consultation with the Kitsap County law and justice council procedure for release of prisoners before the end of their term when overcrowding occurs.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.100 Use of force.
(1) The sheriff or designee shall establish and maintain policies and procedures regarding the use of force and the use of deadly force, which shall be consistent with this section.
(2) Only lawful and reasonable force as defined by law shall be used. In no event will physical force be used as punishment.
(3) Deadly force shall not be used on a prisoner unless the person applying the deadly force reasonably believes that the prisoner poses an immediate threat of death or grievous physical injury to an officer or employee of the jail or any other person; or, to prevent the escape of a prisoner arrested for a felony, when the person applying the deadly force reasonably believes that use of less than deadly force would be ineffective.
(4) A written report on the use of force or deadly force shall be made. A written report shall be made by each staff member involved or observing the use of such force. The report shall be reviewed by the superintendent of corrections or designee, who shall initiate an investigation or review of the incident and make a determination whether appropriate, justified or reasonable force was used. Said determination shall be made a matter of record and filed with the Office of Professional Standards.
(5) The “carotid sleeper hold” means any hold or restraint specifically designed to inhibit blood flow through the carotid arteries of the neck without inhibiting breathing by compression of the airway in the neck and without compression of the larynx or trachea. The carotid sleeper hold shall be considered to be deadly force.
(6) The “choke hold” means any hold or restraint specifically designed to inhibit breathing by compression of the airway in the neck. The choke hold shall be considered to be deadly force.
(7) The carotid sleeper hold generally presents less danger of causing serious injury or death than the choke hold and therefore is generally preferred over the choke hold in situations where such holds are permissible.
(8) No neck hold shall be used, except by persons instructed in the dangers of the neck holds, its definition as deadly force, and the proper use and constraints of the carotid sleeper hold. Refresher training shall be provided on at least an annual basis.
(9) Medical attention shall be administered to the prisoner by a qualified medical professional as soon as possible after the use of the carotid sleeper hold or the choke hold.
(10) Restraint devices shall never be applied as punishment. Restraint devices will be used only to prevent self-injury, injury to others or property damage and shall not be applied for more time than is necessary.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.110 Admissions.
(1) The receiving officer shall determine that the arrest and confinement of each prisoner is being accomplished by a duly authorized officer, and a copy of all documents that purport to legally authorize the confinement shall become part of the prisoner’s jail record.
(2) The delivery officer shall remain at the jail facility until the jail staff has accepted the prisoner.
(3) Each prisoner, after completion of booking, shall be allowed reasonable access to a telephone for the purpose of contacting a person or persons of his choice who may be able to come to his assistance. If the prisoner chooses not to place any calls, this information shall be noted.
(4) Reasonable provisions shall be made for communicating with non-English-speaking, handicapped or illiterate prisoners concerning the booking process, rules of the facility, privileges afforded to prisoners and other information pertinent to prisoner rights and well-being while confined.
(5) The booking process should be completed within a reasonable time taking into consideration the physical or mental condition of the prisoner or any other relevant factors.
(6) The sheriff or designee shall establish and maintain written policies and procedures regarding strip searches and body cavity searches, which shall be consistent with the provisions of Chapter 10.79 RCW as now or hereinafter enacted.
(7) Each prisoner shall be searched for contraband in a manner consistent with this section and written policies and procedures established hereunder, as is necessary to protect the safety of prisoners, staff and institutional security.
(8) Strip searches and body cavity searches shall be conducted in a professional manner which protects the prisoner’s dignity to the extent possible.
(9) When a strip search or a body cavity search of a prisoner is conducted, it should include a thorough visual check for birthmarks, wounds, sores, cuts, bruises, scars and injuries, “health tags,” and body vermin. Less complete searches should include the same checks to the extent possible.
(10) When a body cavity search is conducted by a licensed medical professional of the opposite sex, an observer of the same sex as the prisoner should be present.
(11) All physical markings and “health tag” identifications shall be recorded and made available to the jail employees responsible for care of prisoners and the medical professionals responsible for care of the prisoner under Section 2.21.260.
(12) Particularly when force has been used during arrest, all visible injuries should be photographed.
(13) Any person with body vermin shall be treated appropriately in accordance with established health care procedures.
(14) Complaints of illness or injury expressed or observed during booking shall be checked promptly in accordance with the medical procedures established under Section 2.21.260.
(15) A prisoner suspected of having a communicable disease shall be isolated without delay. Arrangements shall be made for his/her immediate transfer to a facility equipped to handle the suspected disease, unless the admitting facility can safely and effectively segregate the prisoner and maintain medically prescribed treatment.
(16) The admitting officer shall record and store the prisoner’s personal property with a witnessed receipt. A copy of such receipt shall be provided to the prisoner prior to his/her transfer or release.
(17) Each prisoner’s weight should be measured and recorded upon admission.
(18) Front and side-view identification photographs of each prisoner shall be taken at booking and retained either electronically or in hard-copy formats.
(19) Copies of fingerprints shall be forwarded to the proper state and federal authorities.
(20) The jail shall establish a policy on prisoners’ use of personal clothing or jail uniforms.
(21) At a reasonable time after the completion of booking, each prisoner shall be issued clean bedding, as well as personal care items.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.120 Preclassification.
(1) Prior to classification, reasonable precautions shall be taken to ensure the safety and welfare of prisoners and the security of the institution.
(2) Prisoners who, upon screening, appear to have serious and potentially dangerous problems with drugs, including alcohol, or signs of serious mental illness, as evidenced by their self-reported history and/or obvious/overt behavior shall be closely observed. Persons qualified and trained to evaluate such prisoners shall be contacted without delay.
(3) Any prisoner suspected of being assaultive shall be housed separately prior to classification except where continual direct observation is maintained.
(4) No prisoner known or suspected to be a danger to him or herself may be housed alone without continual direct observation.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.130 Orientation.
(1) As soon after booking as possible, each prisoner shall receive an oral, video or written orientation. The orientation shall provide information regarding the prisoner’s confinement including, but not limited to:
(a) Rules of prisoner conduct; including possible disciplinary sanctions, as provided in Section 2.21.220.
(b) Procedures and conditions regarding classification and reclassification, as provided in Section 2.21.140;
(c) Staff expectations of prisoner responsibilities, including, if applicable, cleaning of prisoner living areas;
(d) Prisoner rights and privileges; and
(e) The means of access to health care.
(2) An opportunity to ask and receive answers to questions shall be provided within a reasonable time.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.140 Classification/segregation.
(1) The sheriff or designee shall establish written classification and reclassification procedures which shall be included in the manual of policies and procedures.
(2) A classification sergeant shall be designated as responsible for classification of prisoners confined in the jail in accordance with written procedures identified in subsection (1) of this section; provided, that this does not preclude designation of alternate persons to serve in the classification sergeant’s absence; and provided further, that certain classification functions, such as initial cell assignment, may be delegated to nonclassification staff.
(3) For each prisoner confined in the jail, those responsible for classification shall determine the degree of security required, housing assignment, program eligibility, and regulations for association within and outside the confinement area.
(4) Each prisoner confined in the jail shall be interviewed by the persons responsible for classification determinations. The interviews and the information obtained shall be reported using a sheriff’s-office-approved format.
(5) Each prisoner shall be classified as soon as reasonably possible.
(6) The primary criteria for classification shall be the safety of the prisoner and the security of the institution.
(7) Factors to be considered in classification shall include, but are not limited to, age, type of crime detained for, pretrial versus post-trial status, and offender sophistication, criminal history, and past behavior in a jail or correctional facility.
(8) No juvenile shall be held in the jail without sight and sound separation from adult prisoners. For purposes of this standard, a juvenile is a person under the chronological age of eighteen, who has not been transferred previously to adult court; provided, that no person under the chronological age of sixteen shall be held in the jail; provided further, that this standard does not preclude or prohibit the housing of remanded pretrial prisoners under the chronological age of eighteen within juvenile detention facility. A juvenile shall not be considered “transferred previously to adult court” unless a juvenile court has held a hearing under RCW 13.40.110 or a successor statute and ordered the juvenile transferred for adult criminal prosecution. The exercise of jurisdiction by a limited-jurisdiction court in traffic, fish, boating or game offenses or infractions pursuant to RCW 13.04.030(6)(c) or a successor statute does not constitute a “transfer.”
(9) Female prisoners should be segregated from visual communication and physical contact with male prisoners except under the direct supervision of a staff person.
(10) Written classification procedures shall include provisions for the separation of certain prisoners for their own protection, for purposes of investigation, and for the security of the facility.
(11) Documentation shall be maintained for each case of administrative segregation.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.150 Goodtime (earned early release).
The sheriff or designee shall develop written policies regarding recommendations for time off for good behavior. Such policies shall ensure that good time recommendations, when requested by sentencing courts, are given on a consistent basis, and in accordance with applicable laws.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.160 Release and transfer.
(1) Prior to any release, the releasing officer shall positively verify the prisoner’s identity and ascertain that there is a legal authority for the release.
(2) All prisoners being released shall sign a witnessed receipt for personal property returned.
(3) In addition to the release procedures designated above, the releasing officer shall determine that the receiving unit or person has the authority to accept custody of a prisoner who is being transferred.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.170 Transportation.
The sheriff or designee shall maintain written policy and procedures for transportation of inmates outside of the jail facility. Said policy shall emphasize safety and security.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.180 Staffing.
(1) At all times in the jail, all staff members shall be awake, alert and responsible for supervision and surveillance of inmates.
(2) When both males and females are housed in the jail, at least one male and one female staff member shall be on duty at all times. Personal observation of prisoners for purposes of this or other sections of these standards may be by opposite sex staff as long as opposite sex privacy concerns are given appropriate protection.
(3) There should be continual sight and/or sound surveillance available of all prisoners and officer posts shall be located to permit officers to see or hear and respond to emergency situations.
(4) Such surveillance may be by remote means, provided there is the ability of staff to respond face-to-face to any prisoner.
(5) In the absence of unusual behavior or other concerns for prisoner security and health, personal observation of prisoners by staff may be reduced to, but shall not be less frequent than, at least once within every sixty-minute period.
(6) Staff should be alert to prisoner depression, dissension, family rejection, loneliness, resistance to staff or programs, and the effects of use of substances prohibited by facility rules or by law.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.190 Supervision/surveillance.
(1) The jail shall establish a positive means of identifying prisoners.
(2) Perimeter security shall be maintained.
(3) Security devices shall be maintained in proper working condition.
(4) No prisoner shall be permitted to have authority over other prisoners.
(5) The sheriff or designee shall develop a system for taking and recording prisoner counts.
(6) Any item or person entering or leaving the jail shall be subject to search.
(7) Prisoners who have regular contact outside the jail shall not be permitted contact with other prisoner classifications or entrance to areas frequented by other prisoners, unless first subject to search.
(8) There shall be irregularly scheduled searches for contraband in the jail facility and in all areas frequented by prisoners.
(9) Conspicuously posted signs shall display the statutory penalty for giving or arranging to give anything to a prisoner without official authorization (RCW 9A.76.010, 9A.76.140, 9A.76.150, 9A.76.160).
(Ord. 463 (2010) § 2 (part), 2010)
2.21.200 Critical articles.
(1) The jail facility shall establish written procedures to ensure that weapons be inaccessible to prisoners at all times.
(2) Weapon lockers shall be located outside of the booking and confinement areas.
(3) The manner in which jail keys are to be used shall be included in the policies and procedures manual established by the sheriff or designee.
(4) A control point shall be designated for key cataloging and logging the distribution of keys.
(5) There shall be at least two sets of jail facility keys, one set in use and the other stored securely but easily accessible to staff for use in the event of an emergency.
(6) All keys not in use shall be stored in a secure key locker inaccessible to prisoners.
(7) Emergency keys shall be marked and placed where they may be quickly identified in case of an emergency.
(8) Keys to locks on doors inside the security area of a jail should be on a separate ring from keys to locks on doors or gates to the outside of the jail. Except in an emergency situation, both rings should not be carried by any person inside the jail simultaneously.
(9) Keys shall be accounted for at all times and the distribution certified at each shift change.
(10) Jail facility keys shall never be issued to a prisoner.
(11) If electronic devices are used in place of keys, there shall be key or other manual override capabilities available for immediate use in case of an emergency and/or a failure of the system.
(12) Protective equipment and other chemical suppressing agents shall be kept in a secure area, inaccessible to prisoners and unauthorized persons, but quickly accessible to officers of the facility.
(13) Dangerous kitchen utensils and tools shall be marked for identification, recorded and kept in a secure place.
(14) Toxic substances shall be kept in a locked storage, and use of toxic substances shall be strictly supervised. Such substances, including cleaning supplies, shall be stored in a separate area from food supplies.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.210 Prisoner rights.
(1) The sheriff or designee should establish a written statement of prisoner rights which should include, but not be limited to, access to courts, confidential access to attorneys and/or legal assistance, protection from abuse and corporal punishment, freedom from discrimination based on race or sex, access to information on facility rules, regulations and sanctions, communication such as telephone calls, and access to necessary medical care. The written statement of prisoner rights shall be included in the inmate handbook given to the prisoner at the time of orientation.
(2) The sheriff or designee shall establish uniform rules and disciplinary sanctions to guide the conduct of all prisoners. The rules shall designate major and minor infractions.
(3) Printed rules and possible disciplinary sanctions shall be given to each prisoner and/or posted conspicuously throughout the jail. Non-English-speaking prisoners shall be informed of the rules either orally, in writing, or by posted signs in the appropriate language.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.220 Prisoner rules of conduct.
(1) All major infractions of the rules shall be reported in writing to the supervisor prior to shift change by the staff member observing or discovering the infraction. Such reports shall become a part of the prisoner’s jail record.
(2) Minor infractions of the rules may be handled informally by any staff member by reprimand, warning, or minor sanction as defined by policy and procedures of the jail. Such incidents may become part of the prisoner’s record.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.230 Discipline.
(1) The superintendent of corrections or designee shall review all charges of major violation of facility rules and impose appropriate sanctions, if any.
(2) Any facility staff member involved as a witness, reporting party and/or participant of an incident giving rise to a charge of a major violation shall not be a designee under subsection (1) of this section, with respect to that charge.
(3) Nonpunitive corrective action should be the first consideration in all disciplinary proceedings.
(4) Punitive measures imposed shall be appropriate to the severity of the infraction and based on considerations of the individual(s) involved.
(5) Acceptable forms of discipline shall include, but not be limited to, the following:
(a) Loss of privileges;
(b) Removal from work detail or other assignment;
(c) Recommendation of forfeiture of “good time” credit;
(d) Transfer to the maximum security or segregation section.
(6) No prisoner or group of prisoners shall be given authority to administer punishment to any other prisoner or group of prisoners.
(7) Deprivation of regular feeding, clothing, bed, bedding, or normal hygienic implements and facilities shall not be used as a disciplinary sanction.
(8) Correspondence privileges shall not be denied or restricted, except in cases where the prisoner has violated correspondence regulations. In no case shall the correspondence privilege with any member of the bar, holder of public office, the courts or the department of corrections or chief law enforcement officer be suspended.
(9) Visitation privileges should not be denied or restricted as a sanction for infractions of rules of the institution unrelated to visitation. Attorney client visits shall not be unreasonably restricted.
(10) No prisoner should be held in disciplinary segregation for more than fifteen days for any one violation and no more than thirty days for all violations arising out of one incident, unless approved by the sheriff or designee.
(11) Corporal punishment and physical restraint (e.g., handcuffs, leather restraints, and straitjackets) shall not be used as sanctions.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.240 Grievance procedures.
(1) The sheriff or designee shall develop and maintain procedures regarding prisoner grievances. Such procedures should provide for identification of persons to whom grievances are to be directed, for timely review of grievances, and for notification and recordation regarding the grievances.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.250 Designated health authority and licensed staff.
(1) The facility shall have a designated health authority with responsibility for health care services pursuant to a written agreement, contract, or job description. The health authority may be a physician, health administrator or agency. When this authority is other than a physician, final medical judgments shall rest with a single designated responsible physician licensed in the state of Washington.
(2) Matters of medical and dental judgment shall be the sole province of the designated health authority; security regulations applicable to facility personnel shall also apply to health personnel.
(3) The designated health authority should submit a quarterly report on the health delivery system and health environment and an annual statistical summary to the sheriff or designee.
(4) State licensure and/or certification requirements and restrictions shall apply to health care personnel.
(5) All medical personnel shall practice within the scope of their license. Where applicable, treatment shall be performed pursuant to a written standing or direct order from a medical practitioner.
(6) Verification of current licensing and certification credentials should be on file in the jail.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.260 Health care policies and procedures.
(1) Written standard operating procedures approved by the designated health authority shall consist of but not be limited to the following:
(a) Receiving screening;
(b) Health appraisal data collection;
(c) Nonemergent medical services;
(d) Deciding the emergency nature of illness or injury;
(e) Availability of dental referral examination, and treatment;
(f) Provision of medical and dental prostheses;
(g) First aid;
(h) Notification of next of kin or legal guardian in case of serious illness, injury or death;
(i) Providing chronic care;
(j) Providing convalescent care;
(k) Providing medical preventive maintenance;
(l) Screening, referral and care of mentally ill and retarded inmates, and prisoners under the influence of alcohol and other drugs;
(m) Implementing the special medical program;
(n) Delousing procedures;
(o) Detoxification procedures; and
(p) Pharmaceuticals.
(2) The work of qualified medical personnel shall be governed by written job descriptions which shall be approved by the designated health authority.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.270 Health screening.
(1) Receiving screening shall be performed on all prisoners upon admission to the facility before being placed in the general population or housing area, and the findings recorded. The screening shall include inquiry into:
(a) Current illness and health problems including those specific to women;
(b) Medications taken and special health requirements;
(c) Screening of other health problems designated by the responsible physician;
(d) Behavioral observation, including state of consciousness and mental status;
(e) Notation of body deformities, trauma markings, bruises, lesions, ease of movement, jaundice, and other physical characteristics; and
(f) Condition of skin and body orifices, including rashes and infestations.
(2) The health appraisal data collection should be completed for each prisoner within fourteen days after admission to the facility in accordance with the adopted standard operating procedures.
(3) Such health appraisal should include, at a minimum, a physical assessment by a licensed health care provider, recording of vital signs and a general review of mental status; provided, that such appraisal is not intended to be a standard “annual physical” but rather such minimum physical and mental status review as is necessary to detect any major problems. As appropriate, laboratory and diagnostic tests to detect communicable disease, including venereal diseases and tuberculosis, and other tests and appraisals should be included within such appraisal.
(4) Health history and vital signs should be collected by medically trained or qualified medical personnel who are properly licensed, registered or certified as appropriate to their qualifications to practice. Collections of all other health appraisal data should be performed only by qualified medical personnel. Review of the results of the medical examination, tests and identification of problems should be made by a physician or designated qualified medical personnel. All health appraisal data should be recorded on the health data forms approved by the designated health authority.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.280 Access to health care.
(1) If medical services are delivered in the jail, adequate equipment supplies and materials shall be provided for the performance of primary health care delivery.
(2) At the time of admission to the facility, prisoners shall receive written communication consistent with the provisions of Section 2.21.110, explaining the procedures for gaining access to medical services.
(3) Prisoner’s medical complaints shall be collected daily and acted upon by the medically trained personnel. Priority shall be established and appropriate treatment by qualified medical person shall follow.
(4) Sick call shall be conducted by a physician and/or other qualified medical personnel and shall be available to each prisoner at least three times per week.
(5) When sick call is not conducted by a physician, the responsible physician shall arrange for the availability of a physician at least once each week to respond to prisoner complaints regarding services which they did or did not receive from other medical providers; further, regardless of complaints, the responsible physician shall review the medical services delivered at least every two weeks.
(6) Medical and dental prostheses shall not be denied when the health of the inmate-patient would otherwise be adversely affected as determined by the designated health authority.
(7) First aid kit(s) shall be conveniently available to jail and medical staff.
(8) The designated health authority should approve the contents, number, location and procedure for periodic inspection of the kit(s).
(9) Emergency medical and dental care shall be available on a twenty-four-hour basis in accordance with a written plan which includes:
(a) Arrangements for the emergency evacuation of the prisoner from the jail;
(b) Arrangements for the use of an emergency medical vehicle;
(c) Arrangements for the use of one or more designated hospital emergency rooms, other appropriate health facilities, or on-call physician and dentist services.
(10) Work release residents shall be allowed to see their own physician, upon approval by the designated health care authority.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.290 Health care training.
(1) Jail personnel shall be trained in standard first-aid equivalent to that defined by the American Red Cross prior to employment or during the probationary period. Written standard operating procedures and training of staff shall incorporate the following steps:
(a) Awareness of potential medical emergency situations;
(b) Notification or observation determination that a medical emergency is in progress;
(c) “First aid” and CPR;
(d) Call for help; and
(e) Transfer to appropriate medical provider.
(2) At least one person per shift shall have training in life support cardiopulmonary resuscitation (CPR).
(3) Jail personnel shall be given training regarding the recognition of general symptoms of mental illness and developmental disabilities.
(4) All persons responsible for the delivery of medications shall have training regarding the medical, security, and legal aspects of such activity.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.300 Medications control.
(1) The designated health authority operating procedures for the proper management of pharmaceuticals shall include:
(a) A policy regarding the prescription of all medications with particular attention to behavior-modifying medications and those subject to abuse.
(b) A policy regarding medication dispensing and administration which shall include, but not be limited to:
(i) Nonmedical jail personnel delivering medication(s) to prisoners;
(ii) Disposition of medication(s) brought in by prisoners at the time of admission to the facility;
(iii) Ensuring that all medications are kept in containers which have been labeled securely and legibly by a pharmacist or the prescribing physician, or in their original container which is labeled by their manufacturer. Medications shall not be transferred from such containers except for the preparation of a dose administration;
(iv) Safeguards with regard to delivery of medications to prisoners; and
(v) Disposition of unused medication(s).
(c) A policy regarding the maximum security storage and weekly inventory of all controlled substances, nonprescription medication(s), syringes, needles and surgical instruments.
(2) The person delivering medication(s) shall be accountable for following the orders of medical staff.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.310 Health care records.
(1) The designated health authority shall be responsible for maintaining patient medical record files. Such files shall contain the completed receiving screening form, health appraisal data collection forms, all findings, diagnoses, treatments, dispositions, prescriptions and administration of medications, notes concerning patient education as to prescribed medication and/or treatment, notations of place, date and time of medical encounters and terminations of treatment from long term or serious medical or psychiatric treatment. The health care records are the property of the sheriff’s office.
(2) The designated health authority shall ensure the confidentiality of each prisoner’s medical record file and such file shall be maintained separately to the extent necessary to maintain their confidentiality.
(3) The designated health authority shall communicate information obtained in the course of medical screening and care to jail authorities when necessary for the protection of the welfare of the prisoner or other prisoners, management of the jail, or maintenance of jail security and order.
(4) A copy or summary of the medical record file shall be sent to the jail or correctional institution to which a prisoner is transferred at the time of such transfer or as soon as practical thereafter. A copy of such file or parts thereof shall also be transmitted upon the written authorization of a prisoner to designated physicians and medical facilities.
(5) The person delivering medications shall record the actual time of the delivery in a manner using a format approved by the designated health authority.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.320 Special medical issues.
(1) All examinations, treatments and procedures affected by informed consent standards in the community shall likewise be observed for prisoner care.
(2) No prisoner shall be given medical treatment against his will except as necessary to prevent the spread of communicable disease, to relieve imminent danger to the life of the prisoner, or, in the case of serious mental disorders, to prevent imminent danger to the life of his or her person or to the lives of others. All procedures required by Chapter 71.05 RCW shall be followed in any case of involuntary commitment or involuntary treatment of mentally ill persons within the jail.
(3) In all cases, the responsible physician shall give a clear statement to the prisoner patient of his diagnosis and treatment.
(4) Upon discovery, jail staff shall report any symptoms of prisoner mental illness or developmental disability to medical personnel or mental health professionals for evaluation and treatment.
(5) A written individual treatment plan for each inmate/patient requiring close medical supervision shall be developed by a medical practitioner. The individual treatment plan shall include direction to medical and nonmedical personnel regarding their roles in the care and supervision of these patients.
(6) Programs for the prevention of suicide, to include early identification of risk, appropriate diagnosis and referral, and close observation as required by Section 2.21.180, should be developed by medical staff.
(7) Appropriate medically supervised treatment in accordance with written procedures established under Section 2.21.260 shall be given to prisoners determined to be mentally ill or under the influence of alcohol, opiates, barbiturates and similar drugs.
(8) Reasonable physical restraint, when necessary for medical reasons, shall be medically directed, except in the instance of a medical emergency, where reasonable physical restraint may be used to control a grossly disturbed or violent prisoner, absent medical direction; provided, that the review and direction of the health care staff or local mental health professionals shall be promptly sought.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.330 Access to facilities.
(1) Regular bathing (shower) shall be permitted at least twice each week.
(2) Each prisoner shall have access to toilet, sink, drinking water, and adequate heat and ventilation.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.340 Food.
(1) At least three meals a day shall be served at regular intervals. The morning meal shall be served within fourteen hours of the previous day’s evening meal.
(2) The jail may arrange for prepared meal service or serve frozen packaged meals, provided these meals shall be served in a reasonable manner, hot food served hot, cold food served cold.
(3) The jail menu shall be reviewed at least annually by a qualified nutritionist or dietician to ensure the menu served meets the nationally recommended dietary allowance for basic nutrition for appropriate age groups. Menu evaluations shall be conducted at least quarterly by food service supervisory staff to verify adherence to the established dietary allowances.
(4) Whenever a prisoner refuses a meal or does not eat the meal served, a notation or recording should be made in a manner approved by the sheriff or designee and the medical section notified if an inmate refuses more than three meals within a forty-eight-hour period of time.
(5) Diets ordered by medical staff shall be strictly observed.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.350 Clothing/bedding and personal items.
(1) Provisions shall be made for separate insect-proof clothing storage to prevent migration of lice from infested clothing.
(2) The jail shall ensure that the laundering of prisoners’ outer garments is made available to them at least once a week, and that the laundering of prisoners’ undergarments and socks is made available to them at least twice a week.
(3) The jail facility shall, if necessary, clean and sanitize personal clothing prior to storage.
(4) Each prisoner shall be issued clean bed linens for the first night’s detention and at least once a week thereafter. Bed linens shall include:
(a) One detachable cloth mattress cover and one sheet; or
(b) Two sheets;
(c) One blanket.
(5) Mattresses shall have a washable surface and be sanitized at least semiannually.
(6) Blankets shall be issued upon arrival and shall be washed at frequent intervals to maintain a clean condition, but at least once every sixty days, and always before reissue.
(7) Personal care items issued to each prisoner in the jail facility shall include, but not be limited to, soap and towel. Female prisoners shall be supplied with necessary feminine hygiene items.
(8) Toothpaste or powder, toothbrush and comb shall be available for purchase by all prisoners. Prisoners without funds shall have access to these minimum items without cost.
(9) Each prisoner should be permitted to have a reasonable number of additional personal items, the possession of which does not substantially impede jail management or security.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.360 Sanitation.
(1) The jail shall be kept in a clean and sanitary condition, free from any accumulation of dirt, filth, rubbish, garbage, or other matter detrimental to health.
(2) Jail staff shall ensure that each prisoner shall clean his own living area daily. Convicted prisoners may be required to clean other space within the confinement area and pretrial detainees may be permitted to do so voluntarily.
(3) Insects and rodents shall be eliminated by safe and effective means. Prisoners shall be removed from areas in which insecticides and rodenticide are being used.
(4) Pets shall not be allowed in the jail facility.
(5) The jail shall provide adequate laundry services.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.370 Services.
(1) The sheriff or designee shall establish, maintain and operate a commissary.
(2) Commissary items shall include books, periodicals, and newspapers, or the facility shall make arrangements to order any such items from publishers and/or local newsstands.
(3) Proceeds from the jail facility commissary shall be used for operation and maintenance of the commissary service and/or prisoner welfare expenses.
(4) Payments for commissary purchases shall be made by debit on a trust account maintained for the prisoner. All expenditures from a prisoner’s account shall be accurately recorded and receipted.
(5) The sheriff or designee shall make reasonable arrangements to provide basic hair care.
(6) In consultation with state and/or local library service units, the jail should make provision for library services.
(7) The sheriff or designee shall arrange for access by the prisoners to an adequate law library or adequate professional legal assistance.
(8) Upon request from a prisoner, the jail facility shall arrange confidential religious consultation.
(9) The sheriff or designee shall arrange for weekly religious services.
(10) Prisoners should be permitted to observe religious holidays and receive sacraments of their faith.
(11) Attendance at religious services shall be voluntary, and prisoners who do not wish to bear or participate shall not be exposed to such services.
(12) Counseling services should be available to provide prisoners in jail facilities with an opportunity to discuss their problems, interests, and progress.
(13) The sheriff or designee may utilize volunteer counseling resources available in the community.
(14) Counselors may submit written recommendations to the sheriff or designee.
(15) Prisoners shall not be required to receive counseling services unless ordered by the appropriate court.
(16) Work release participants may be allowed to keep a small amount of money on their persons, when housed separately from non-work-release prisoners. Alternately, the jail shall maintain a cash account for the resident. All expenditures from a resident’s account shall be accurately recorded and receipted.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.380 Programs.
(1) Each prisoner shall be allowed three hours per week of physical exercise, to be scheduled no less than three separate days. If weather does not permit outdoor exercise, it shall be provided indoors.
(2) The sheriff or designee may establish work programs.
(3) Participation in work programs by pretrial detainees shall be voluntary, and shall be at the discretion of the sheriff or designee.
(4) The sheriff or designee may arrange for the development of an education and training program, utilizing local school districts, colleges, trade schools, unions, industry, interested citizens, and other available community, state and federal resources.
(5) Paid staff member(s) may be designated responsibility for supervision of any education and training programs.
(6) Approved correspondence courses may be made available at the prisoner’s request.
(7) The sheriff or designee may provide courses to prepare qualified prisoners for the “General Education Development” test, and provide the opportunity to take the test.
(8) The sheriff or designee may provide opportunities for all prisoners to participate in leisure time activities of their choice and abilities. Such activities may include athletic programs, hobbies and crafts, table games, radio and television, motion pictures, cards, puzzles, checkers and chess.
(9) Volunteers may be used to plan and supervise exercise programs and other leisure time activities, but paid staff member(s) shall be designated responsibility for supervision of such program(s).
(Ord. 463 (2010) § 2 (part), 2010)
2.21.390 Telephone usage.
(1) The sheriff or designee shall establish rules which specify regular telephone usage times and the maximum length of calls (not to be less than five minutes).
(2) Telephone usage hours shall include time during the normal work day and time during the evening, at least once a week per prisoner; provided, that established social telephone usage hours shall not preclude reasonable access to a telephone to contact the prisoner’s attorney or legal representative.
(3) Calls shall be at the prisoner’s expense or collect; provided, that appropriate protection of access to an attorney shall be maintained for prisoners without funds.
(4) Telephone conversations may be monitored, tape-recorded or spot-checked except for calls made to the prisoner’s attorney or legal representative.
(5) Reasons for calls shall be the personal concern of the prisoner, except in consideration of requests for emergency calls beyond normal telephone hours.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.400 Mail.
(1) Prisoners shall generally be permitted to subscribe to and otherwise receive books, newspapers, periodicals and other printed materials or photographs which may lawfully be delivered through the United States mail. Such materials shall be denied a prisoner only if such denial furthers a substantial governmental interest in jail security or the welfare of prisoners or staff.
(2) When materials identified in subsection (1) of this section are withheld from a prisoner:
(a) The prisoner and the publisher or sender shall receive appropriate written notice that the publication is being denied, accompanied by an explanation of the reason(s) for the denial;
(b) The affected prisoner may have such decision reviewed by utilizing the grievance process;
(c) A written decision of the review of the denial, including reason(s), shall be given to the prisoner requesting review.
(3) Incoming or outgoing mail shall be retained no more than one business day. Except in the case of prisoners without funds, prisoners shall be permitted to mail out any number of letters. Prisoners without funds shall be permitted to mail up to three letters per calendar week at public expense or with postage purchased from the prisoner welfare fund, provided upon proper showing the number may be increased. Each prisoner shall be permitted to mail out any number of letters to his attorney and/or the courts. No restriction shall be placed on the number of letters a prisoner may receive or of the persons with whom he may correspond, except by court order of a court of competent jurisdiction, or as provided under subsection (5) of this section. These rules shall not preclude a prisoner being required to place his name and a return post office address on outgoing mail.
(4) No general restriction of the number of letters prisoners may receive or of classes of persons with whom they may correspond shall be made by facility rule or policy. Incoming mail shall not be censored, but may be opened and inspected for contraband, cash and checks and may be perused for content when the responsible staff person designated by the sheriff or designee has reasonable grounds to believe that the content of a letter may prevent a clear and present danger to institutional security, or violates state or federal law. Whenever mail is not delivered by the jail staff directly to the prisoner to whom it is addressed, it shall be resealed. Except by order of a court of competent jurisdiction, outgoing mail shall not be opened unless the responsible staff person designated by the sheriff or designee has reasonable grounds to believe that the content of a letter may present a clear and present danger to institutional security, or violates state or federal law.
(5) When a prisoner is prohibited from sending a letter, the letter and a written and signed notice stating the reason for disapproval, and indicating the portion(s) of the letter causing disapproval, shall be given the prisoner. When a prisoner is prohibited from receiving a letter, the letter and a written signed notice stating the reason(s) for denial and indicating the portion(s) of the letter causing the denial shall be given the sender. The prisoner shall be given notice in writing that the letter has been prohibited, indicating the reason(s) and the sender’s name. When a prisoner is prohibited from sending or receiving mail, the affected prisoner may have such decision reviewed utilizing the grievance process. A written decision of the review of such denial shall be delivered to the prisoner.
(6) Incoming mail of prisoners that is clearly marked as coming from an attorney, court, or elected federal, state, county or city official shall be opened only in the presence of the addressee. Mail to or from attorneys, courts or elected federal, state, county, or city officials shall not be read. There shall be no additional restrictions on prisoner correspondence for disciplinary or punishment purposes, unless the prisoner has violated rules as to correspondence. Upon proper showing of the alleged violation, the prisoner’s mail may be restricted for a limited time, but such restriction shall not apply to attorney-client mail or correspondence with the courts.
(7) The jail facility may establish policies and procedures for the receipt of packages for inmates. If the facility allows prisoners to receive packages, all packages shall be opened and inspected. Packages may be received only if the contents conform to rules adopted by the sheriff or designee.
(8) Outgoing packages of prisoners’ personal property shall be inspected to ensure ownership and compliance with United States postal regulations.
(9) Items which are not permitted by jail rules may be destroyed upon the prisoner’s written request, placed in the prisoner’s personal property box, or returned collect to the sender. A receipt for permissible items received in the mail, including money or check, shall be signed by a staff member and a copy thereof promptly delivered to the prisoner. Contraband, as defined in RCW 9A.76.010, shall be turned over to the proper authorities, for handling as evidence, for disciplinary action or possible prosecution under RCW 9A.76.140, 9A.76.150, 9A.76.160, or other applicable statute(s).
(Ord. 463 (2010) § 2 (part), 2010)
2.21.410 Visitation.
(1) The department of corrections or chief law enforcement officer shall establish and post rules governing visitation and specifying times therefor.
(2) Each prisoner should be allowed a minimum of two hours total visitation per week.
(3) Preference on who visits will be determined by the inmate, subject to subsection (1) of this section.
(4) Visitors seventeen years of age and under shall be accompanied by a parent or legal guardian.
(5) The sheriff or designee may grant special visitation privileges to visitors who have traveled long distances, to visitors for hospitalized prisoners, and for other unusual circumstances.
(6) Each prisoner shall be allowed confidential visits from his attorney or legal assistants and clergy or religious representatives.
(7) By prior arrangement with the sheriff or designee, a prisoner may be allowed confidential visits for business or educational reasons.
(8) Law enforcement professionals shall be allowed to interview prisoners at reasonable times, unless it appears circumstances do not permit delay.
(9) Signs giving notice that all visitors and their accompanying possessions are subject to search shall be conspicuously posted at the entrance to the facility and at the entrance to the visiting area.
(10) Any visitor may refuse a search but, subsequent to such refusal, may then be denied entrance.
(11) Other reasons for denying entrance to visitors shall include but not be limited to:
(a) An attempt, or reasonable suspicion of an attempt, to bring contraband into the facility;
(b) Being under the obvious influence or effect of alcohol or controlled substances;
(c) Request from prisoner’s physician;
(d) Request from prisoner;
(e) Reasonable grounds to believe a particular visit would present a substantial danger to jail security or management or the welfare of prisoners, staff or other visitors.
(12) Whenever a visitor is refused admittance during regular visiting hours, the prisoner shall receive notice of the refusal stating the reasons therefor.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.420 Grievance procedures.
The sheriff or designee should develop and maintain procedures regarding resident grievances. Such procedures should provide for persons to whom grievances are to be directed, for timely review of grievances, and for notification of action taken regarding the grievance.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.430 Written procedures for medical services.
(1) There shall be on file in the jail a written procedure which provides that necessary medical services are to be available twenty-four hours a day by one or more of the following:
(a) A licensed physician;
(b) A health care professional supervised by a licensed physician; or
(c) A hospital or clinic.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.440 Visitation for work release participants.
(1) Contact visitation shall be provided within the jail for each work release participant unless the work release participant is permitted to visit with others away from the facility.
(2) The work release facility may, if authorized by legal authority, permit work release participants to leave the facility for the purpose of: medical/dental treatment, attending to civil or legal matters, or to conduct business and to participate in activities related to their approved program. Authorization to leave the facility shall be governed by written policy and procedures.
(3) Each work release participant may be allowed visits from his or her attorney or legal assistants, his or her pastor and business, educational and law enforcement professional at reasonable hours.
(4) Signs giving notice that all visitors and their accompanying possessions are subject to search shall be conspicuously posted. Any visitor may refuse a search but, subsequent to such refusal, may then be denied entrance.
(5) Other reasons for denying entrance to visitors shall include, but not be limited to:
(a) An attempt, or reasonable suspicion of an attempt, to bring contraband into the facility.
(b) Being under the obvious influence or effect of alcohol or controlled substances.
(c) Request from the work release participant’s physician.
(d) Request from the work release participant.
(e) Reasonable grounds to believe a particular visit would present a substantial danger to jail security, or management, or to the welfare of work release participants, staff, or visitors.
(6) If a visitor is refused admittance during regular visiting hours:
(a) The work release participant shall receive notice of the refusal stating the reasons therefor.
(b) The affected work release participant is entitled to have such decision of the jail administrator or designee upon written request and shall be promptly informed of his right.
(c) A written decision of the reviewing body’s determination, stating the reason(s) therefor, shall be furnished to the work release participant who requested such review.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.450 Transportation for work release participants.
The use of personal automobiles shall be governed by written policy of the sheriff or designee, which shall ensure that the work release participant has a valid Washington State driver’s license and minimum liability insurance coverage.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.460 Employment restrictions.
The work release program shall comply with RCW 70.48.210 as to its work release participants.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.470 Work release participant money accounts.
(1) The sheriff or designee may collect work release participant’s earnings and from the earnings make payments for the work release participant’s board, personal expenses inside and outside the facility, and share of the administrative expenses as required by RCW 70.48.210(3)(d).
(2) If a work release participant’s earnings are collected, support payments for a work release participant’s dependents, if any, shall be made as directed by the court.
(3) If a work release participant’s earnings are collected, with the work release participant’s consent, the remaining funds may be used to pay the work release participant’s pre-existing debts. Consent to payment of restitution may be imposed as a condition of work release when authorized or required by court order. Any balance shall be retained and paid to the work release participant when the work release participant is discharged.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.480 Accountability for participants in the work release program.
(1) The work release participants shall be confined in the jail whenever the work release participant is not employed and between the hours of employment, unless excused by supervising jail staff to seek approved necessary medical attention or employment opportunities.
(2) A current schedule of the times during which work release participants are authorized to be absent from the facility shall be maintained.
(3) To ensure strict accountability as to the whereabouts of each work release participant, the jail shall have a sign-in/sign-out system which records the date and time of departure and expected return, destination, reason for leaving the jail and time of actual return.
(4) The jail shall establish and follow written policies and procedures to verify attendance of work release participants at the place for which absence from the jail is authorized.
(Ord. 463 (2010) § 2 (part), 2010)
2.21.490 Searches of work release participants.
(1) Work release participants shall be subject to search each time they enter or leave the jail.
(2) The jail shall have written policies and procedures regarding the use of breathalyzers, urine analysis, and other means to detect the use of alcohol or unauthorized drugs.
(Ord. 463 (2010) § 2 (part), 2010)