Chapter 5.08


5.08.010    Admissions.

5.08.020    Pre-classification procedures.

5.08.030    Orientation.

5.08.040    Classification/segregation

5.08.050    Good time.

5.08.060    Release and transfer.

5.08.070    Transportation.

5.08.010 Admissions.

(1) General.

(a) No prisoner shall be confined without proper legal authority;

(b) Each prisoner, after completion of booking, shall be advised of the right to and be allowed to complete, at least two local or collect calls to persons of the prisoner’s choice who may be able to come to the assistance of the prisoner. If the prisoner chooses not to place the calls allowed, this information shall be noted on the booking form;

(c) Reasonable provisions for communicating with non-English speaking, handicapped, and illiterate prisoners concerning the booking process, rules of the facility, privileges and other information pertinent to the prisoner’s rights and well-being while confined shall be provided;

(d) The booking process shall be completed promptly unless the physical or mental condition of the prisoner necessitates delay.

(2) Search/Examination, When Allowed.

(a) The bureau shall maintain written policies and procedures regarding pat searches, strip searches and body cavity searches, which shall be consistent with this section and chapter 10.79 RCW;

(b) Each prisoner shall be searched for contraband in such a manner, consistent with this subsection and written policies and procedures established thereunder, as is necessary to protect the safety of prisoners, staff, and institutional security;

(c) No search shall be conducted except pursuant to the written policies and procedures required by SCC 5.08.010(2)(a);

(d) A written record or records of any strip search shall be maintained in the individual file of each person strip searched, which record(s) shall contain the following information:

(i) The name and serial number of the officer conducting the strip search and of all others present or observing any part of the strip search;

(ii) The time, date, and place of the strip search; and

(iii) Any weapons, criminal evidence, other contraband or health condition discovered as a result of the strip search.

Except where reasonable suspicion is deemed present because of the nature of the arrest offense, the record(s) shall also contain:

(iv) The name of the shift supervisor authorizing the strip search; and

(v) The specific facts constituting reasonable suspicion to believe the strip search was necessary;

(e) No body cavity search shall be conducted except pursuant to a valid search warrant. No search warrant for a body cavity search shall be sought without prior authorization of the ranking shift supervisor, pursuant to the written policies and procedures required by SCC 5.08.010(2)(a).

(3) Search Procedures, General. The following provisions shall apply to all strip searches and body cavity searches:

(a) Strip searches and body cavity searches shall be conducted in a professional manner which protects the prisoner’s dignity to the extent possible.

(b) A strip search or body cavity search, as well as pre-search undressing or post-search dressing shall occur at a location made private from the observation of persons not physically conducting the search. A strip search or body cavity search shall be performed or observed only by persons of the same sex as the person being searched, except for licensed medical professionals as required by SCC 5.08.010(4)(a) as permitted by SCC 5.08.010(4)(c), when necessary to assure the safety of the prisoner or any person conducting the search; or when necessary in the event of an emergency affecting facility safety and security.

(c) No person may observe or be present during a strip search or body cavity search unless the person is necessary to conduct the search or to ensure the safety of those persons conducting the search except as provided in SCC 5.08.010(4)(c);(d) Persons conducting a strip search or body cavity search shall not touch the person being searched except as reasonably necessary to effectuate the search of the person.

(4) Body Cavity Searches. The following additional provisions shall apply to body cavity searches:

(a) A body cavity search may be conducted only pursuant to SCC 5.08.010(2)(f). Any body cavity search shall be performed under sanitary conditions and conducted by a physician, registered nurse or registered physician’s assistant, licensed to practice in this state, who is trained in the proper medical process and the potential health problems associated with a body cavity search;

(b) Nothing in this section prohibits a person upon whom a body cavity search is to be performed from having a readily available person of the individual’s choosing present at the time the search is conducted. However, the person chosen shall not be a person being held in custody by a law enforcement agency;

(c) The officer requesting the body cavity search shall prepare and sign a report, which shall include:

(i) A copy of the warrant and any supporting documents required;

(ii) The name and sex of all persons conducting or observing the search;

(iii) The time, date, place, and description of the search; and

(iv) A statement of the results of the search and a list of any items removed from the person as a result of the search.

The report shall be retained as part of the bureau’s records.

(5) Physical markings and "health tag" identifications shall be recorded and made available to the appropriate bureau employees and the medical professionals responsible for care of the prisoner under chapter 5.12 SCC.

(6) Body Vermin. Any person with body vermin shall be treated appropriately in accordance with chapter 5.12 SCC.

(7) Medical Complaints. Complaints of illness or injury expressed or observed during booking shall be checked promptly in accordance with the medical procedures established under chapter 5.12 SCC.

(8) Infectious Diseases. A prisoner suspected of having a serious infectious disease shall be isolated until seen by medical personnel. After being seen by medical personnel, the prisoner shall be treated, including isolation, as recommended by such personnel. If not seen by a physician initially, such prisoner shall be seen by a physician as soon as reasonably possible. The physicians shall review the recommended treatment and make such revisions as appear medically warranted. The condition of a prisoner placed in isolation shall be reviewed periodically by the physician to determine whether isolation should be continued.

(9) Personal Property. The admitting officer shall record and store the prisoner’s personal property and have the prisoner sign an inventory.

(10) Fingerprints. Copies of fingerprints shall be forwarded to the proper authorities.

(11) Issuances.

(a) At a reasonable time after the completion of booking, each prisoner shall be issued clean bedding, as well as such personal care items as required under SCC 5.12.110;

(b) Upon prisoner request, a reasonable supply of writing materials shall be furnished.

(Added Amended Ord. 94-041, May 25, 1994; Amended by Amended Ord. 08-137, Nov. 10, 2008, Eff date Jan. 1, 2009).

5.08.020 Pre-classification procedures.

(1) Prior to classification, reasonable precautions shall be taken to insure 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, 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 self may be housed alone without direct visual observation at least once every ten minutes.

(Added Amended Ord. 94-041, May 25, 1994).

5.08.030 Orientation.

(1) As soon after booking as possible, each prisoner shall receive an oral or written orientation, consistent with the provisions of SCC 5.08.010(d). 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 SCC 5.10.050;

(b) Procedures and conditions regarding classification and reclassification, as provided in SCC 5.08.040;

(c) Staff expectations of prisoner responsibilities, including, if applicable, cleaning of prisoner living areas;

(d) Prisoner rights and privileges;

(e) The means of access to health care as required by SCC 5.12.040, and other services.

(2) An opportunity to ask and receive answers to questions shall be provided within a reasonable time.

(Added Amended Ord. 94-041, May 25, 1994).

5.08.040 Classification/segregation

(1) Classification.

(a) The bureau shall maintain written classification and reclassification procedures which shall be included in the manual of policies and procedures;

(b) A classification committee or individual shall be designated by the bureau chief as responsible for classification of prisoners confined in the facility in accordance with such written procedures. This does not preclude designation of alternate persons to serve in such individuals’ absence. Certain classification functions, such as initial cell assignment, may be delegated, in writing, to staff not assigned to classification functions;

(c) Those responsible for classification shall determine the degree of security required and housing assignment for each prisoner.

(2) Classification Procedures.

(a) Each prisoner confined in a bureau facility shall be interviewed by the persons responsible for classification determinations or other designated staff. Where designated staff conduct the interviews, the information shall be reported to the classification committee or person responsible in a uniform manner;

(b) Each prisoner shall be classified as soon as reasonably possible;

(c) The prisoner shall be informed promptly of any classification housing assignment decision other than "general population" and of the right to have that decision reviewed upon making a request. Such notice shall also be given with regard to any reclassification action;

(d) A prisoner who is dissatisfied with his housing assignment shall be entitled to a review of the decision by the bureau chief or bureau chief’s designee upon making a written request and shall be informed promptly of this right. Such request shall be reviewed by the bureau chief or bureau chief’s designee (supervisory to the classification committee), within 72 hours (not including Saturdays, Sundays and state holidays) of its receipt by staff. The prisoner shall receive a written decision of the review of such assignment, including reason(s).

(3) Criteria for Prisoner Classification.

(a) The primary criteria for classification shall be the safety of the prisoner and the security of the institution;

(b) Juveniles. Except as specified herein, no juvenile shall be held in a bureau facility. For purposes of this standard, a juvenile is a person under the chronological age of 18, who has not been transferred previously to adult court. This standard does not preclude or prohibit the housing of remanded pretrial prisoners under the chronological age of 18 within juvenile detention facilities rather than adult facilities. A juvenile shall not be considered "transferred previously to adult court" unless a hearing or waiver pursuant to RCW 13.40.110 or successor statute has occurred and a juvenile court has ordered the juvenile transferred for adult criminal prosecution. The exercise of jurisdiction by a court of limited jurisdiction in traffic, fish, boating or game offenses or infractions pursuant to RCW 13.04.030(6)(c) or successor statute, does not constitute a "transfer";

(c) Females shall be segregated from visual communication and physical contact with male prisoners except under the direct supervision of a staff person;

(d) Special problem prisoners who endanger the health and safety of other prisoners or themselves, may be segregated and should be closely supervised;

(e) Prisoners on work release or weekend confinement programs and any other prisoners who have regular contact outside bureau facilities, shall be segregated from other prisoner categories;

(f) Factors to be considered in classification shall include, but are not limited to, age, type of crime, pretrial versus post-trial status and offender sophistication.

(4) Administrative Segregation.

(a) 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;

(b) Written documentation shall be maintained for each case of administrative segregation.

(5) The substantive requirements of this section are intended as general guides to staff making classification and administrative segregation decisions and are not intended to create any specific liberty interests in or for any person.

(Added Amended Ord. 94-041, May 25, 1994; Amended Ord. 97-013, § 2, April 16, 1997, Eff date April 27, 1997; Amended by Amended Ord. 08-137, Nov. 10, 2008, Eff date Jan. 1, 2009).

5.08.050 Good time.

The bureau chief shall maintain written policies regarding time off for good behavior. Such policies shall insure that good time, when authorized by sentencing courts, is given on a consistent basis and in accordance with RCW 70.48.210 and RCW 9.92.150.

(Added Amended Ord. 94-041, May 25, 1994; Amended by Amended Ord. 08-137, Nov. 10, 2008, Eff date Jan. 1, 2009).

5.08.060 Release and transfer.

(1) Release.

(a) The releasing officer shall positively determine prisoner identity and ascertain that there is legal authority for the release;

(b) All prisoners being released shall sign a witnessed receipt for personal property returned.

(2) Transfer. 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.

(Added Amended Ord. 94-041, May 25, 1994).

5.08.070 Transportation.

(1) The bureau shall establish written procedures for the transport of prisoners which insure the safety of the prisoners, staff and public.

(2) The bureau shall be responsible for the transport of county prisoners. Transport of prisoners being housed for other jurisdictions shall be in accordance with the terms of the agreements with those jurisdictions.

(Added Amended Ord. 94-041, May 25, 1994; Amended by Amended Ord. 08-137, Nov. 10, 2008, Eff date Jan. 1, 2009).