Chapter 5.11
PRISONER CONDUCT

Sections:

5.11.010    Prisoner rights.

5.11.020    Prisoner rules of conduct.

5.11.030    Discipline.

5.11.040    Grievance procedures.

5.11.010 Prisoner rights.

Each prisoner shall be provided a written statement of prisoner rights, to be reviewed at the time of orientation, which shall 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, sex, religion or disability, access to information on facility rules and regulations and sanctions, communication such as telephone calls and access to necessary medical care.

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

5.11.020 Prisoner rules of conduct.

(1) The bureau shall establish uniform rules and disciplinary sanctions to guide the conduct of all prisoners, which rules shall designate major and minor infractions.

(2) Printed rules and possible disciplinary sanctions shall be given to each prisoner and/or posted conspicuously throughout each facility. Non-English speaking prisoners shall be informed of the rules either orally, in writing or by posted signs in the appropriate language.

(3) All major infractions of the rules shall be reported in writing to the shift supervisor prior to shift change by the staff member observing or discovering the act. Such reports shall become a part of the prisoner’s record.

(4) Minor Infractions. Minor violations of the rules may be handled informally by any staff member by reprimand, warning or minor sanctions as defined by department rules. Such incidents may become part of the prisoner’s record only with notification to the prisoner and the prisoner’s willingness to accept informal sanctions. If the prisoner is unwilling to accept informal adjustment, a rule violation will be submitted.

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

5.11.030 Discipline.

(1) Disciplinary Committee.

(a) The bureau chief or bureau chief’s designee(s) shall hear and decide all charges of major violation of facility rules and impose sanctions;

(b) Any staff member involved in a charge shall not be allowed to participate as a hearing officer with respect to that charge;

(c) The bureau may develop a method for handling minor infractions and non-serious major infractions through an informal meeting with a supervisor to settle the charges without a hearing.

(2) Disciplinary Procedures.

(a) Any charges pending against a prisoner should be acted on as soon as possible and no later than 96 hours (exclusive of Saturdays, Sundays, and holidays) after observation or discovery of the infraction. Action in this context means either a disciplinary hearing or a decision not to impose any sanction requiring a hearing. A hearing may be postponed for good cause. Such postponement must be approved by the bureau chief or bureau chief’s designee. The prisoner must be notified, in writing, of the postponement and the reason therefor;

(b) At least 24 hours prior to the hearing, the prisoner shall receive a copy of the written infraction report made in conformance with SCC 5.11.020(3). If the prisoner is illiterate, the infraction report shall be read to the prisoner;

(c) Any prisoner alleged to have committed a major infraction shall have and be promptly advised of, the following rights:

(i) The prisoner shall have the right to be present at all stages of the hearing, except during the decisional deliberations;

(ii) The prisoner shall be allowed to appear on the prisoner’s own behalf, to present witnesses and to present documentary evidence unless the exercise of such rights would be unduly hazardous to institutional safety or correctional goals, in which case the prisoner shall be given a written statement of the reasons for such determination and the prisoner’s record shall contain a statement with regard to such grounds;

(iii) Prisoners unable to represent themselves in such a hearing, shall be informed of the right to be assisted by another person, approved by the jail administration, in understanding and participating in the proceedings;

(iv) The prisoner shall be advised of the decision in a written notice giving the reasons for the disciplinary action, if any, and evidence relied on; and

(v) The prisoner shall be permitted to appeal the disciplinary hearing decision to the bureau chief or bureau chief’s designee in accordance with appeal procedures established by the bureau and included in the printed rules;

(d) All disciplinary proceedings shall be recorded;

(e) Prior to the imposition of any sanction, the hearing officer shall find the prisoner to be guilty based on the preponderance of the evidence;

(f) The above provisions do not preclude imposition of administrative segregation, according to procedures required by SCC 5.08.040(4) or other appropriate limitations on freedom of the prisoner involved prior to such disciplinary proceeding. However, every such restriction shall be in accordance with the other provisions in these standards and shall be based on legitimate grounds of institutional security or prisoner safety. Such action shall be noted in the prisoner’s records;

(g) The bureau may formulate other disciplinary procedures which are not in conflict with other provisions of this section or with minimum constitutional requirements.

(3) Corrective Action or Forms of Discipline.

(a) When punitive measures are imposed, such measures shall be in accordance with applicable law and recommended sanctions; appropriate to the severity of the infraction; and based on considerations of the individual involved;

(b) Acceptable forms of discipline shall include the following:

(i) Loss of privileges;

(ii) Removal from work detail or other assignment;

(iii) Forfeiture of "good time" credit;

(iv) Transfer to the maximum security or segregation section.

(4) Limitations on Punishment.

(a) No prisoner or group of prisoners shall be given authority to administer punishment to any other prisoner or group of prisoners;

(b) Deprivation of regular feeding, clothing, bed, bedding or normal hygienic implements and facilities shall not be used as a disciplinary sanction;

(c) Correspondence privileges shall not be denied or restricted except in cases where the prisoner has violated correspondence regulations. In no case shall the correspondence privileges with any member of the bar, holder of public office, the courts or the department be suspended;

(d) Under no circumstances shall attorney/client visits be restricted;

(e) No prisoner shall be held in disciplinary segregation for more than 10 consecutive days without review by the disciplinary hearing body or the bureau chief or bureau chief’s designee. A prisoner held in disciplinary lockdown longer than 10 days shall be reviewed every 30 days by the bureau chief or bureau chief’s designee;

(f) Corporal punishment and physical restraint, i.e., handcuffs, leather restraints and straight jacket, shall not be used as sanctions.

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

5.11.040 Grievance procedures.

The bureau shall develop and maintain procedures for the collection of prisoner grievances. Such procedures shall provide to whom grievances are to be directed, for timely review of grievances and for written notification of action taken regarding the grievance.

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