Chapter 2.64


2.64.010    Purpose of provisions.

2.64.020    Facilities requirements generally.

2.64.030    Standard suspension for emergency.

2.64.040    Written policies and procedures to be provided.

2.64.050    Training requirements generally.

2.64.060    Records requirements.

2.64.070    Emergency procedures.

2.64.080    Fire prevention--Suppression.

2.64.090    Overcrowding prohibited.

2.64.100    Use of force restrictions.

2.64.110    Admissions--Authorization for confinement.

2.64.120    Admissions--Right to phone call.

2.64.130    Admissions--Language problems.

2.64.140    Admissions--Booking process and booking fees.

2.64.150    Searches--When allowed.

2.64.160    Searches--General procedures.

2.64.170    Searches--Body cavity search.

2.64.180    Admissions--Body vermin treatment.

2.64.190    Admissions--Communicable diseases.

2.64.200    Admissions--Prisoner property.

2.64.210    Admissions--Bedding and personal care items.

2.64.220    Writing paper to be provided.

2.64.230    Admissions--Safety and welfare before classification.

2.64.240    Admissions--Orientation.

2.64.250    Classification--Procedures.

2.64.260    Classification--Criteria.

2.64.270    Juvenile--Requirements.

2.64.280    Female segregation.

2.64.290    Problem prisoners.

2.64.300    Time off for good behavior--Policy.

2.64.310    Prisoner release and transfer.

2.64.320    Transportation.

2.64.330    Staff requirements.

2.64.340    Supervision and surveillance.

2.64.350    Contraband control.

2.64.360    Weapons--Locker.

2.64.370    Keys and locking devices.

2.64.380    Written statement of prisoners rights.

2.64.390    Conduct rules--Established.

2.64.400    Conduct rules--Posting.

2.64.410    Conduct rules--Major infractions.

2.64.420    Conduct rules--Disciplinary committee.

2.64.430    Conduct rules--Disciplinary procedures--Written report.

2.64.440    Prisoner rights after major infraction.

2.64.450    Minor infraction.

2.64.460    Discipline--Compliance with law.

2.64.470    Discipline--Acceptable forms designated.

2.64.480    Punishment limitation.

2.64.490    Grievance procedures.

2.64.500    Medical services--Procedure--Certification of provided.

2.64.510    Health care--Policies.

2.64.520    Health care--Screening.

2.64.530    Health care--Access.

2.64.540    Health care--Training.

2.64.550    Health care--Medication control.

2.64.560    Health care--Records.

2.64.570    Health care--Informed consent--Mental illness.

2.64.580    Sanitary facility access.

2.64.590    Food requirements.

2.64.600    Clothing, bedding and personal care items.

2.64.610    Sanitation requirements.

2.64.620    Special services--Legal assistance--Religious service--Counseling--Exercise--Work program.

2.64.630    Telephone use.

2.64.640    Mail.

2.64.650    Visitation rights.

2.64.010 Purpose of provisions.

The standards contained in this chapter shall constitute the custodial care standards for the police department holding facilities, which shall be operated in accordance with these standards. The chief of police, or his designee, shall establish, develop, implement and enforce these standards and develop any additional policies and procedures he or she deems appropriate. (Ord. 1307 §13(A), 2015:  Ord. 874 §1, 1989)

2.64.020 Facilities requirements generally.

Holding facilities shall be secure. Such facilities shall have adequate lighting, heat, ventilation and fire detection and suppression equipment. Each holding facility cell shall be equipped with a bed, toilet, lavatory and a faucet with sink. A telephone shall be accessible. (Ord. 1307 §13(B), 2015:  Ord. 874 §2, 1989)

2.64.030 Standard suspension for emergency.

Nothing in these standards shall be construed to deny the power of the chief law enforcement officer, or his designee to temporarily suspend any standard prescribed in this chapter in the event of any emergency which threatens the safety or security of any jail, prisoners, staff or the public. Only such standards as are directly affected by the emergency may be suspended; provided, that suspension of standards relating to overcrowding is subject to the additional requirements of Section 2.64.090. (Ord. 874 §3, 1989)

2.64.040 Written policies and procedures to be provided.

There shall be written policies and procedures which shall be made available to each authorized person who is responsible for the confinement of a prisoner in the facility. (Ord. 874 §4, 1989)

2.64.050 Training requirements generally.

A. All authorized persons responsible for the confinement of a prisoner shall receive an orientation to the policies and procedures of the facility relative to their duties. On the job training shall be provided as deemed appropriate by the chief law enforcement officer, or his designee.

B. All jail staff whose primary responsibility is the supervision of prisoners shall successfully complete the Washington state criminal justice training commission basic correctional academy within the first six months of their employment unless training has already been received. (Ord. 874 §5, 1989)

2.64.060 Records requirements.

A. Confidentiality. All holding facility personnel shall be advised of the statutory provisions for confidentiality of jail records under RCW 70.48.100(2).

B. Individual Prisoner Records. An individual file or record shall be kept for each prisoner.

C. If formal booking occurs in the facility, the information shall be recorded on a booking form.

D. Medical.

1. Any prisoner medical information other than that included in the prisoner’s individual file under subsection B of this section shall be maintained separately to the ex tent necessary to maintain confidentiality.

2. Any medical problems experienced by a prisoner while in the facility shall be recorded and such records maintained. Information concerning medical problems shall be transmitted at the time the prisoner is transported to another jail, hospital or other facility.

E. Prisoner Population Accounting. Each holding facility shall keep a jail register as required by RCW 70.48.100.

F. Infraction and Discipline. Written records shall be maintained for all incidents which result in major property damage or bodily harm.

G. Activity Log. A log of daily activity shall be kept within the facility.

H. Personnel. Performance and training records should be maintained for each staff member employed by the facility. (Ord. 874 §6, 1989)

2.64.070 Emergency procedures.

A. The chief law enforcement officer or his designee shall establish and maintain written emergency procedures as appropriate for the specific facility.

B. The emergency plan shall outline the responsibility of jail facility staff, evacuation procedures, and subsequent disposition of the prisoners after removal from the area or facility.

C. Emergency plans shall always be available to the authorized person in charge of the jail.

D. All personnel should be trained in the emergency procedures. (Ord. 874 §7, 1989)

2.64.080 Fire prevention--Suppression.

The chief law enforcement officer or his designee shall establish and maintain a written fire prevention, suppression and evacuation plan. Such plan shall be developed in consultation with the local fire department having jurisdiction over the facility. (Ord. 874 §8, 1989)

2.64.090 Overcrowding prohibited.

No prisoner shall be required to sleep on a mattress on the floor in excess of seventy-two hours, or directly on the floor for any period of time, 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 others, or substantially compromising the security of the jail. (Ord. 874 §9, 1989)

2.64.100 Use of force restrictions.

A. The chief law enforcement officer or his designee shall establish and maintain written policies and procedures regarding the use of force and the use of deadly force, which shall be consistent with this section.

B. Only lawful and reasonable force to the person of a prisoner shall be used.

C. 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 a jail or any other person, and the officer reasonably believes that other reasonable and available alternatives would be ineffective.

D. A written report on the use of force or deadly force shall be made. In the case of deadly force a written report shall be made by each staff member involved or observing the use of such deadly force. The report shall be reviewed by the chief law enforcement officer or his designee, who shall, if appropriate, investigate the incident further and make a determination whether appropriate, justified or reasonable force was used. Said determination shall be made a matter of record.

E. 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.

F. 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.

G. 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.

H. 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, by someone specifically trained in the use and dangers of neck holds. Refresher training shall be provided on at least an annual basis.

I. 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. (Ord. 874 §10, 1989)

2.64.110 Admissions--Authorization for confinement.

No prisoner shall be confined without proper legal authority. (Ord. 874 §11.1, 1989)

2.64.120 Admissions--Right to phone call.

Each prisoner, within a reasonable period of time after completion of booking, shall be advised of his right to, and be allowed to complete, at least two local or collect calls to persons of his choice who may be able to come to his assistance. If the prisoner chooses not to place the calls allowed, this information shall be noted on the booking form; provided, that appropriate protection of access to an attorney shall be maintained for prisoners without funds. (Ord. 874 §11.2, 1989)

2.64.130 Admissions--Language problems.

Reasonable provisions for communication with non-English speaking, handicapped and illiterate prisoners shall be provided. (Ord. 874 §11.3, 1989)

2.64.140 Admissions--Booking process and booking fees.

The booking process shall be completed promptly unless extenuating circumstances necessitate delay. Each person who is booked shall pay a booking fee to the police chief, which shall be deposited for use in the commissary fund of the police department. The fee shall be determined by fee resolution, passed by the city council, and be in compliance with RCW 70.48.390. The fee is payable immediately from any money then possessed by the person being booked, or any money deposited with the City Jail administration on the person’s behalf. If the person has no funds at the time of booking or during the period of incarceration, the police chief may notify the court in the county or city where the charges related to the booking are pending, and may request the assessment of the fee. Unless the person is held on other criminal matters, if the person is not charged, is acquitted, or if all charges are dismissed, the police chief shall return the fee to the person at the last known address listed in the booking records. (Ord. 1239 §1, 2011:  Ord. 1073 §1, 2000:  Ord. 1064 §1, 1999:  Ord. 874 §11.4, 1989)

2.64.150 Searches--When allowed.

A. The chief law enforcement officer, or his designee, shall establish and maintain written policies and procedures regarding pat searches, strip searches and body cavity searches, which shall be consistent with this section.

B. Each prisoner shall be searched for contraband in a manner consistent with this section and written policies and procedures established thereunder, as necessary to protect the safety of prisoners, staff and institutional security.

C. No strip search shall be conducted except pursuant to the written policies and procedures required by this section.

D. No prisoner, other than a person committed to incarceration by order of a court or a person held for post-conviction incarceration for a criminal offense, shall be strip searched without a warrant except where reasonable suspicion exists. A prisoner taken into custody pursuant to an arrest warrant or other court order issued before the person was arrested, or otherwise taken into custody shall not be considered as committed to incarceration by order of the court for purposes of this section unless the court issuing the warrant has determined that the person shall not be released on personal recognizance, bail or bond. No strip search shall be authorized or conducted unless a thorough patdown search, a thorough electronic metal-detector search and a thorough clothing search, when appropriate, do not satisfy the safety, security or evidentiary concerns of the jail.

E. Physical examinations by licensed medical professionals solely for medical purposes shall not be considered strip searches. A prisoner may be strip searched if:

1. There is reasonable suspicion to believe that a strip search is necessary to discover weapons, criminal evidence, contraband or other things concealed on the body of the person to be searched, that constitutes a threat to the security of the facility;

2. There is probable cause to believe that a strip search is necessary to discover other criminal evidence concealed on the body of the person to be searched, but not constituting a threat to facility security; or

3. There is reasonable suspicion to believe that a strip search is necessary to discover a health condition requiring immediate medical attention.

F. The determination of whether reasonable suspicion or probable cause exists to conduct a strip search shall be based on consideration of all information and circumstances known to the officer authorizing the strip search, including but not limited to the following factors:

1. The nature of the offense for which the person to be searched was arrested;

2. The prior criminal record of the person to be searched; and

3. Physically violent behavior of the person to be searched, during or after arrest.

G. Reasonable suspicion shall be deemed to be present when the prisoner has been arrested for:

1. A violent offense as defined in RCW 9.9A.030(45) or any successor statute;

2. An offense involving escape, burglary or the use of a deadly weapon; or

3. An offense involving possession of a drug or a controlled substance under Chapter 69.41, 69.50, or 69.52 RCW or any successor statute.

H. 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:

1. 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;

2. The time, date and place of the strip search; and

3. Any weapons, criminal evidence, other contraband or other thing, or health condition discovered as a result of the strip search. Where reasonable suspicion is deemed present because of the nature of the arrest offense, the record shall contain the offense(s) for which the person searched was arrested. In other cases where reasonable suspicion or probable cause is found to be present, the report shall also contain:

a. The name of the supervisor authorizing the strip search; and

b. The specific facts constituting reasonable suspicion to believe the strip search was necessary.

I. 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 this section. Before body cavity search is authorized or conducted, a thorough pat-down search, a thorough electronic metal detector search, and a thorough clothing search, where appropriate, must be used to search for and seize any evidence of a crime, contraband, fruits of crime, or things by means of which a crime has been committed or reasonably appears about to be committed. No body cavity search shall be authorized or conducted unless these other methods do not satisfy the safety, security or evidentiary concerns of the law enforcement agency. (Ord. 1307 §13(C), 2015:  Ord. 874 511.5, 1989)

2.64.160 Searches--General procedures.

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 presearch undressing or postsearch 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 Section 2.64.170(A), as permitted by Section 2.64.170(B) or when necessary to assure the safety of the prisoner or any person conducting the search.

C. No person may be present or observe 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 Section 2.64.170(C).

D. 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.

E. 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. (Ord. 874 §11.6, 1989)

2.64.170 Searches--Body cavity search.

The following additional provisions shall apply to body cavity searches:

A. A body cavity search may be conducted only pursuant to Section 2.64.150. 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. 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.

C. Nothing in this section prohibits a person upon whom a body cavity search is to be performed from having a readily available person of his or her 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.

D. The officer requesting the body cavity search shall prepare and sign a report, which shall include:

1. A copy of the warrant and any supporting documents required;

2. The name and sex of all persons conducting or observing the search;

3. The time, date, place and description of the search; and

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

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

F. All physical markings and health tag identification should be recorded and made available to the appropriate jail employees and medical professionals responsible for care of prisoners. (Ord. 874 §11.7, 1989)

2.64.180 Admissions--Body vermin treatment.

Any person with body vermin shall be treated appropriately. (Ord. 874 §11.8, 1989)

2.64.190 Admissions--Communicable diseases.

Prisoners suspected of having a communicable disease detrimental to the health of the other prisoners shall be segregated. (Ord. 874 §11.9, 1989)

2.64.200 Admissions--Prisoner property.

At the time of booking, if the prisoner’s personal property is taken from him, the authorized jail staff shall record and store such items and issue the prisoner a receipt. (Ord. 874 §11.10, 1989)

2.64.210 Admissions--Bedding and personal care items.

At a reasonable time after completion of booking, each prisoner shall be issued clean bedding, as well as such personal care items as required under Section 2.64.600. (Ord. 874 §11.11, 1989)

2.64.220 Writing paper to be provided.

Upon prisoner request, a reasonable supply a writing material shall be furnished. (Ord. 874 §11.12, 1989)

2.64.230 Admissions--Safety and welfare before

Prior to classification, reasonable precautions shall be taken to insure the safety and welfare of prisoners and the security of the institution. (Ord. 874 §12, 1989)

2.64.240 Admissions--Orientation.

As soon as reasonable after booking, the prisoner shall be advised of any facility rules and regulations. His questions pertaining to the rules and regulations shall be answered. (Ord. 874 §13, 1989)

2.64.250 Classification--Procedures.

A. Classification Procedures. Written classification procedures shall be included in the policies and procedures.

B. Classification. The chief law enforcement officer, or his designee, shall be responsible for classification in accordance with written procedures.

C. Classification Training. At least one staff person per shift shall be trained in the facility’s classification procedures and shall be responsible for classification. (Ord. 874 5§14.1, 14.2, 14.3, 1989)

2.64.260 Classification--Criteria.

A. To the extent possible in the available physical plant, the classification criteria set out in this section and Sections 2.64.270 through 2.64.290 shall be used.

If this section and Sections 2.64.270 through 2.64.290 cannot to enforced, arrangements shall be made to immediately transfer the prisoners involved to another facility which can segregate and supervise them.

B. The primary criteria for classification shall be safety of the prisoner and the security of the institution.

C. Factors to be considered in classification include, but are not limited to, age, type of crime, pretrial versus post trial status, and offender sophistication. (Ord. 874 §§14.4, 14.5, 14.10, 1989)

2.64.270 Juvenile--Requirements.

A. No juvenile shall be held in a 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 courts; provided, that no person under the chronological age of sixteen shall be held in a jail or holding facility for adults; 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 facilities rather than city or county adult detention facilities. 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 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 successor statute does not constitute a transfer.

B. A juvenile shall not be confined in a jail or holding facility for adults, except: for not more than six hours and pursuant to a lawful detention in the course of an investigation, a juvenile may be held in an adult facility; provided, that the confinement is separate from the sight and sound of adult inmates. (Ord. 874 §§14.6, 14.7, 1989)

2.64.280 Female segregation.

Females shall be segregated from visual and physical contact with male prisoners except under continual supervision of a staff person. (Ord. 874 §14.8, 1989)

2.64.290 Problem prisoners.

Special problem prisoners who endanger the health or safety of other prisoners shall be segregated and closely supervised. (Ord. 874 §14.9, 1989)

2.64.300 Time off for good behavior--Policy.

The chief law enforcement officer, or his designee should develop written policies regarding time off for good behavior.

Such policies should insure that good time, when authorized by sentencing courts, is given on a consistent basis, and in accordance with RCW 70.48.210 and 9.92.150. (Ord. 874 515, 1989)

2.64.310 Prisoner release and transfer.

A. Release. The releasing officer shall determine prisoner identity and ascertain that there is legal authority for the release.

B. The information required on the release forms shall be recorded for each prisoner released from the facility.

C. All prisoners being released shall sign a witnessed receipt for personal property returned.

D. Transfer. In addition to the release procedures designated in this section, the releasing officer shall determine that the receiving unit or person has the authority to accept custody. (Ord. 874 §16, 1989)

2.64.320 Transportation.

When jail facility staff are responsible for prisoner transportation and when the prisoner is still in the custody and under the supervision of the jail, the chief law enforcement officer, or his designee shall develop and maintain instructions which insure the safety of the prisoners and staff. (Ord. 874 §17, 1989)

2.64.330 Staff requirements.

A. General Staffing. At all times at least one staff member shall be awake, alert and directly responsible for supervision and surveillance; provided, that this section does not require the presence of such staff when no prisoners are being housed or booked in the facility.

B. Same Sex Staffing. A jail staff member of the same sex as the prisoner shall be available in a reasonable time for all custodial activities which involve intimate physical contact or opposite sex observation or supervision except where the health, safety and security of the individual or the staff member would be jeopardized; provided, that personal observation of prisoners for this or other sections of these standards may be by opposite sex staff so long as opposite sex privacy concerns are given appropriate protection.

C. Surveillance. There shall be continual sight and/or sound surveillance of all prisoners.

D. Such surveillance may be by remote means, provided there is the ability of staff to respond face-to-face to any prisoner within three minutes; provided, that special problem prisoners are subject to the more stringent personal observation and supervision requirements of other sections.

E. Each prisoner shall be personally observed by staff at various times. All prisoner checks shall be recorded in writing and retained in the jail records.

F. 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 should not be less frequent than, at least once within every sixty minute period. (Ord. 874 §18, 1989)

2.64.340 Supervision and surveillance.

A. Prisoner Identification. All holding facilities shall establish a means of identifying prisoners.

B. Perimeter Security. Perimeter security shall be maintained within existing physical plant limitations.

C. Security Devices. Minimum necessary security devices shall be maintained in proper working condition at all times.

D. Prisoner Authority. No prisoner shall be permitted to have authority over other prisoners.

E. Prisoner Counts. A system shall be maintained for taking and recording prisoner counts as necessary. (Ord. 874 §19.1--19.5, 1989)

2.64.350 Contraband control.

All holding facilities shall establish and maintain a written procedure regarding searches of prisoners, visitors and the facility to prevent the introduction of contraband. All jails which permit visiting shall post a sign displaying the penalty for the introduction of contraband. (RCW 9A.76.010, 9A.76.140, 9A.76.150, 9A.76.160) (Ord. 874 §19.6, 1989)

2.64.360 Weapons--Locker.

A. All holding facilities shall establish written procedures to insure that weapons shall be inaccessible to prisoners at all times.

B. Weapon lockers should be located outside of booking and confinement areas.

C. Whenever possible, keys to weapon lockers should be located outside of booking and confinement areas. (Ord. 874 §20.1--20.3, 1989)

2.64.370 Keys and locking devices.

A. Key regulations shall be established by the chief law enforcement officer, or his designee.

B. A control point shall be designated for key cataloging and logging the distribution of keys.

C. 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.

D. All keys not in use shall be stored in a secure area inaccessible to prisoners.

E. Emergency keys shall be marked and placed where they may be quickly identified in case of an emergency.

F. Keys shall be accounted for at all times.

G. Jail facility keys shall never be issued to a prisoner.

H. 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 failure of the system.

I. The chief law enforcement officer, or his designee shall establish and maintain written procedures regarding storage of protective equipment and dangerous kitchen utensils, if applicable. (Ord. 874 §20, 1989)

2.64.380 Written statement of prisoners rights.

Each holding facility should establish a written statement of prisoner rights, to be reviewed at the time of orientation. (Ord. 874 521, 1989)

2.64.390 Conduct rules--Established.

The chief law enforcement officer, or his designee shall establish uniform rules and disciplinary sanctions to guide the conduct of all prisoners, which rules designate major and minor infractions. (Ord. 874 §22.1, 1989)

2.64.400 Conduct rules--Posting.

Printed rules and possible disciplinary sanctions shall be given to each prisoner and/or posted conspicuously within the jail or conveyed orally to each prisoner. Reasonable efforts shall be made to inform non-English speaking prisoners. (Ord. 874 §22.2, 1989)

2.64.410 Conduct rules--Major infractions.

If major infractions are handled within the facility, rather than as criminal proceedings, 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 act. Such reports shall become a part of the prisoner’s jail record. (Ord. 874 §22.3, 1989)

2.64.420 Conduct rules--Disciplinary committee.

A. The chief law enforcement officer or his designee or designees shall hear and decide all charges of major violation of facility rules and impose sanctions.

B. It is recommended, but not required, that there be a committee of two or more staff to perform the function of disciplinary committee.

C. Any facility staff member involved in a charge shall not be allowed to participate as a hearing officer with respect to that charge. (Ord. 874 §§22.3, 22.4, 22.5, 1989)

2.64.430 Conduct rules--Disciplinary procedures--Written

A. Any charge pending against a prisoner shall be acted on as soon as possible and no later than seventy-two 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.

B. At least twenty-four hours prior to hearing, the prisoner shall receive a copy of the written infraction report made in conformance with Section 2.64.410. If the prisoner is illiterate, the infraction report shall be read to him. (Ord. 874 §§22.6, 22.7, 1989)

2.64.440 Prisoner rights after major infraction.

The prisoner alleged to have committed a major infraction shall have, and be promptly advised of, the following rights:

A. The prisoner shall have the right to be present at all stages of the hearing, except during the decisional deliberations.

B. The prisoner shall be allowed to appear on his 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 judgments and the prisoner’s record shall contain a statement with regard to such grounds.

C. A prisoner who is unable to represent himself in such a hearing shall be informed of his right to be assisted by another person in understanding and participating in the proceedings.

D. 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.

E. The prisoner shall be permitted to appeal the disciplinary hearing decision to the chief law enforcement officer or his designee in accordance with appeal procedures established by each facility and included in the printed procedures established by each facility and included in the printed rules.

1. All disciplinary proceedings shall be recorded.

2. There shall be a finding of guilt based on the preponderance of evidence before imposition of a sanction. (Ord. 874 522.8, 1989)

2.64.450 Minor infraction.

Minor infractions may be handled by any staff person by reprimand, warning, or minor sanction as defined by local rules. Such incidents may be come part of the prisoner’s record only with the approval of the supervisor and verbal notification to the prisoner. (Ord. 874 §22, 1989)

2.64.460 Discipline--Compliance with law.

When punitive measures are imposed, such measures shall be in accordance with law, and recommended sanctions, and appropriate to the severity of the infraction. (Ord. 874 §23.1, 1989)

2.64.470 Discipline--Acceptable forms designated.

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. (Ord. 874 §23.2, 1989)

2.64.480 Punishment limitation.

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 hygenic 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 privilege with any member of the bar, holder of public office, the courts and the chief law enforcement officer be suspended.

D. Restrictions on visitation: Under no circumstances shall attorney-client visits be restricted.

E. No prisoner shall be held in disciplinary segregation for more than five consecutive days without review by the disciplinary hearing body or chief law enforcement officer or his designee, and in no event shall a prisoner be held in disciplinary segregation for more than ten consecutive days as the result of any one hearing.

F. Corporal punishment and physical restraint (e.g., handcuffs, leather restraints and strait jackets) shall not be used as sanctions. (Ord. 874 §23.3, 1989)

2.64.490 Grievance procedures.

The chief law enforcement officer, or his designee should develop and maintain procedures for the collection of prisoner grievances. (Ord. 874 §24, 1989)

2.64.500 Medical services--Procedure--Certification of

A. There shall be on file, in the jail, a written procedure which provides that necessary medical services will be provided twenty-four hours a day by one or more of the following:

1. A licensed physician;

2. A health care professional supervised by a licensed physician;

3. A hospital or clinic.

B. Security. All providers of medical services in holding facilities shall observe the security regulations which apply to jail personnel.

C. Licensing and Certification. Medical services shall be provided only by licensed or certified health care providers. (Ord. 874 §25, 1989)

2.64.510 Health care--Policies.

Written standard operating procedures shall consist of, but not be limited to, the following:

A. Receiving screening;

B. Nonemergency medical services;

C. Deciding the emergency nature of illness or injury;

D. First-aid;

E. Notification of next of kin or legal guardian in case of serious illness, injury or death;

F. Screening, referral and care of mentally ill and retarded inmates, and prisoners under the influence of alcohol and other drugs;

G. Detoxification procedures; and

H. Pharmaceuticals. (Ord. 874 §26, 1989)

2.64.520 Health care--Screening.

A. Receiving screening shall be performed on all prisoners upon admission to the facility, and the findings recorded on a printed screening form.

B. If the results of receiving screening indicate a medical problem that may be detrimental to the health or safety of the prisoner, but is of a nonemergency nature, then the prisoner shall be seen within a reasonable time by a physician or nurse to determine the need for further diagnosis or treatment. (Ord. 874 §27, 1989)

2.64.530 Health care--Access.

A. Written procedures for gaining access to medical services shall be posted and/or provided to individual prisoners.

B. Prisoner complaints of injury or illness, or staff observations of such shall be acted upon by staff as soon as reasonably possible. Prisoners shall be provided with medical diagnosis or treatment as necessary.

C. Work release prisoners should be allowed to see their own physician.

D. Emergency Care. Standard first-aid kits shall be conveniently available to all jails.

E. Emergency medical and dental care shall be available on a twenty-four hour basis in accordance with a written plan which includes:

1. Arrangements for the emergency evacuation of the prisoner from the jail;

2. Arrangements for the use of an emergency medical vehicle;

3. Arrangements for the use of one or more designated hospital emergency rooms or other appropriate health facilities;

4. Arrangements for emergency on-call physician and dentist services when an emergency health facility is not located in a nearby community;

5. Arrangements for emergency mental illness care for prisoners. (Ord. 874 §28, 1989)

2.64.540 Health care--Training.

A. Jail personnel shall be trained in standard first-aid equivalent to that defined by the American Red Cross and usual emergency care procedures prior to employment or during the probationary period. Written standard operating procedures and training of staff shall include but not be limited to:

1. Awareness of potential medical emergency situations;

2. Notification or observation-determination that a medical emergency is in progress;

3. First-aid and resuscitation;

4. Call for help; and

5. Transfer to appropriate medical provider.

B. At least one person per shift shall have training in receiving screening.

C. At least one person available per shift shall have training in basic life support cardiopulmonary resuscitation (CPR).

D. All persons delivering medication shall be properly trained. (Ord. 874 529, 1989)

2.64.550 Health care--Medication control.

A. A pharmacy will not be operated within the jail.

B. The chief of police, or his designee, shall maintain standard operating procedures for medication dispensing and administration of medications brought into the jail by prisoners. These operating procedures shall include, but not be limited to, policies regarding:

1. Nonmedical jail personnel delivering medication(s) to prisoners;

2. Disposition of medication(s) brought in by prisoners at the time of admission to the facility;

3. The medications system, which shall insure that all medications shall be kept in containers which have been labeled securely and legibly by a pharmacist or prescribing physician, or in their original container labeled by their manufacturer. Medications shall not be transferred from the original container except for the preparation of a dose administration.

4. Safeguards with regard to delivery of medications to prisoners; and

5. Disposition of unused medication(s).

C. The person delivering medication shall be accountable for following the order of the prescribing physician. (Ord. 874 §30, 1989)

2.64.560 Health care--Records.

A. Prisoner File Maintenance. Prisoner medical files shall contain a copy of the completed receiving screening form, all findings, diagnoses, treatments, dispositions, prescriptions and administration of medications, notation of place, date and time of medical encounters and terminations of treatment from long term or serious medical or psychiatric treatment, if applicable.

B. Prisoner File Confidentiality.

1. Medical records shall be maintained separately from other jail records to the extent necessary to protect their confidentiality.

2. Medical records shall not be released to other persons or agencies without the written authorization of the prisoner.

C. The responsible physician or medical care provider shall communicate information obtained in the course of the medical screening and care to jail authorities when necessary for the protections of the welfare of the prisoner or other prisoners, management of the jail, or maintenance of jail security and order.

D. Information regarding known serious health problems shall be communicated to any transferring officer or receiving jail or correctional institution at the time of transfer.

E. The person delivering medications shall record the actual date and time of the delivery. (Ord. 874 §31, 1989)

2.64.570 Health care--Informed consent--Mental illness.

A. Informed Consent. All examinations, treatments and procedures affected by informed consent standards in the community shall likewise be observed for prisoner care.

B. Special Medical. Jail staff suspecting prisoner mental illness shall notify the appropriate mental health authorities.

C. Appropriate medically supervised treatment in accordance with written procedures established under Section 2.64.520 shall be given in the jail to prisoners determined to be mentally ill or under the influence of alcohol, opiates, barbiturates and similar drugs when such care is not provided in a community health facility. (Ord. 874 §32, 1989)

2.64.580 Sanitary facility access.

A. Regular bathing (shower) shall be permitted at least twice each week.

B. Each prisoner shall have access to toilet, sink, drinking water and adequate heat and ventilation. (Ord. 874 §33, 1989)

2.64.590 Food requirements.

A. Meal Service. At least three meals a day shall be served at regular intervals. The morning meal shall be served within fourteen hours of the previous days evening meal.

B. Nutritional and Caloric Intake. Jail meals shall be nutritious and provide for appropriate caloric intake.

C. Jail menus shall be reviewed by the local county health department, the county extension service, or other qualified nutrition consultant to insure that diets approximate the dietary allowances specified.

D. Medically ordered diets shall be strictly observed. (Ord. 874 §34, 1989)

2.64.600 Clothing, bedding and personal care items.

A. Clothing.

1. Provisions shall be made for separate insectproof clothing storage to prevent migration of lice from infested clothing.

2. Each jail shall insure that prisoners outer garments are laundered and made available to them at least once a week, and that prisoners undergarments and socks are laundered and made available to them at least twice a week.

B. Bedding. Prisoners shall be issued clean bedding within a reasonable time. Bedding shall include, but not be limited to:

1. A mattress which shall have a washable surface which shall be sanitized at least semiannually or more often if needed.

2. A mattress cover or sheet which shall be washed weekly or more often as needed, and always before reissue.

3. A blanket which shall be washed at frequent intervals to maintain a clean condition, and always before reissue.

C. Personal Care Items.

1. Personal care items issued to each prisoner held in excess of six hours shall include, but not be limited to, soap and towel. Female prisoners shall be supplied with necessary feminine hygiene items.

2. Toothpaste, toothbrush and comb shall be provided for all prisoners held in excess of twelve hours. Such items shall be available for purchase or shall be issued as needed; provided, that indigent prisoners shall have access to these minimum items without cost. (Ord. 874 §35, 1989)

2.64.610 Sanitation requirements.

A. General Sanitation.

1. All jails 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. When the facility is occupied, the housekeeping program shall include a daily general sanitation inspection and daily removal of trash and garbage.

3. Each prisoner shall clean his own living area daily.

B. Insects and Rodents.

1. Insects and rodents shall be eliminated by safe and effective means.

2. Pets shall not be allowed in jail facilities.

C. Laundry. Each jail shall arrange for adequate laundry services. (Ord. 874 §36, 1989)

2.64.620 Special services--Legal assistance--Religious service--Counseling--Exercise--Work program.

A. Commissary.

1. The chief law enforcement officer, or his designee, shall either establish, maintain and operate a commissary, or provide prisoners with a list of approved items to be purchased at cost at least once a week at local stores.

2. Commissary items may include books, periodicals and newspapers.

3. If jail rules do not permit prisoners to keep money on their persons, payments for commissary purchases shall be made by debit on a cash account maintained for the prisoner. All expenditures from a prisoner’s account shall be accurately recorded and receipted.

B. Legal Assistance.

1. When adequate professional legal assistance is not available to prisoners for purposes of preparing and filing legal papers, a jail shall provide access to necessary law books and reference materials.

2. Facility rules shall not prohibit one prisoner from assisting another in the preparation of legal papers.

C. Religious Services.

1. Upon reasonable request from a prisoner, the jail facility staff shall arrange for confidential religious consultation.

2. Attendance at religious services shall be voluntary.

D. Counseling, Guidance and Ancillary Services.

1. Counseling services should be available to provide prisoners in holding facilities with an opportunity to discuss their problems.

2. The chief law enforcement officer, or his designee may utilize volunteer counseling resources available in the community, provided that the security of the facility is not jeopardized.

3. Prisoners are not required to receive counseling services unless ordered by the appropriate court or the disciplinary review body.

E. Exercise. Each prisoner held in excess of seven days should be allowed an opportunity for physical exercise.

F. Work Programs.

1. The chief law enforcement officer may establish work programs.

2. Participation in work programs by pretrial detainees shall be voluntary.

G. Education or Training Programs. The chief law enforcement officer, or his designee may allow the prisoner to contact or be contacted by community representatives of education or training programs. (Ord. 874 §37, 1989)

2.64.630 Telephone use.

A. The governing unit shall establish and post rules which specify regular telephone usage times and the maximum length of calls (not to be less than five minutes).

B. For prisoners held in excess of seventy-two hours, 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 shall not preclude reasonable access to a telephone to contact the prisoner’s attorney or legal representative.

C. Long distance 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.

D. Location of telephone facilities shall ensure reasonable privacy.

E. Reasons for calls shall be the personal concern of the prisoner, except in consideration of requests for emergency calls beyond normal telephone hours.

F. Telephone calls may be recorded to ensure facility security. (Ord. 1307 §13(D), 2015:  Ord. 874 §38, 1989)

2.64.640 Mail.

A. Introduction. The handling of mail must comply with the applicable provisions in this chapter.

B. Newspapers, Books, Periodicals or Other Printed Materials and Photographs.

1. Prisoners shall generally be permitted to receive books, newspapers, periodicals and other printed materials or photographs which may lawfully be delivered through the United States mails. 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. If such materials are withheld from a prisoner:

a. The prisoner shall receive written notice that the publication is being denied, accompanied by an explanation of the reason(s) for the denial.

b. The affected prisoner shall be promptly informed of his right to have such decision reviewed by the disciplinary hearing body, the chief law enforcement officer, or his designee upon written request.

c. A written decision of the review of the denial, including reason(s), shall be given to the prisoner requesting review.

C. General Correspondence. Incoming or outgoing mail shall be retained no more than one business day.

1. Except in the case of prisoners without funds, prisoners shall be permitted to mail out any number of letters including letters to attorneys, the courts and elected federal, state, county and city officials. Prisoners without funds shall be permitted to mail up to three letters per calendar week at public expense; provided, that no limit may be set on the number of letters which may be sent to the prisoner’s attorney or to the courts.

2. No restrictions shall be placed on the number of letters a prisoner may receive or on the persons with whom he may correspond, except by order of a court of competent jurisdiction, or as provided under subdivision 3 of this subsection.

3. These rules shall not preclude a prisoner being required to place his name and return post office address on outgoing mail.

D. Opening or Censoring Mail.

1. No general restrictions 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.

2. 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 chief law enforcement officer, or his 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 and federal law. Whenever mail is not delivered by the jail staff directly to the prisoner to whom it is addressed, it shall be resealed.

3. Except by order of a court of competent jurisdiction, outgoing mail shall not be opened unless the responsible staff person designated by the chief law enforcement officer, or his 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.

E. Notice of Disapproval of Prisoner Mail.

1. If 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.

2. 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.

3. When a prisoner is prohibited from sending or receiving mail, the affected prisoner is entitled to have such decision reviewed by the disciplinary hearing body, the chief law enforcement officer, or his designee upon written request and shall be promptly informed of this right.

4. A written decision of the review of such denial of mail shall be promptly delivered to the prisoner.

F. Limitations.

1. Incoming mail of post conviction prisoners that is clearly marked as coming from an attorney, court or elected federal, state, county or city officials shall be opened only in the presence of the addressee.

2. Mail to or from attorneys, courts or elected federal, state, county or city officials shall not be read.

3. There shall be no additional restrictions on prisoner correspondence for disciplinary or punishment purposes, unless that 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.

G. Packages. If a facility allows prisoner to send or receive packages:

1. All packages shall be opened and inspected;

2. Packages may be received only if the contents conform to rules adopted by chief law enforcement officer, or his designee and a witnessed receipt for permissible items shall be promptly delivered to the prisoner, unless such package is opened in the presence of the prisoner and all items are given directly to him.

3. Outgoing packages of prisoner’s personal property shall be inspected to insure ownership and compliance with United States postal regulations.

H. Contraband.

1. 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.

2. Permissible items received in the mail, including money or checks, shall be recorded by a staff member and notification thereof given to the prisoner.

3. 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 or 9A.76.169 or other applicable statutes. (Ord. 874 §39, 1989)

2.64.650 Visitation rights.

A. Security. Visitation shall be provided for those prisoners determined to present a minimal degree of risk to the safety and security of the institution.

B. Social Visits. The chief law enforcement officer, or his designee, shall establish and post rules which permit reasonable opportunities for social visits for each prisoner and specifying times therefor.

C. Business and Professional Visits.

1. Each officer shall be allowed confidential visits from his attorney or legal assistants and his pastor at reasonable hours.

2. The chief law enforcement officer, or his designee, should allow confidential visits from law enforcement professionals.

D. Visitor Regulations.

1. Signs giving notice that all visitors and their accompanying possessions are subject to search shall be conspicuously posted.

2. Any person may refuse a search but, subsequent to such refusal, may then be denied entrance.

3. 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. Obvious influence or effect of alcohol or controlled substances;

c. Request from the prisoner’s physician;

d. Request from the prisoner;

e. Reasonable grounds to believe a particular visit would present a substantial danger to jail security, or management, or to the welfare of prisoners, staff or other visitors;

f. The existence of a no-contact order issued by a court of competent jurisdiction between the prisoner and visitor.

4. If a visitor is refused admittance during regular visiting hours:

a. The prisoner shall receive notice of the refusal stating the reasons therefor.

b. The affected prisoner is entitled to have such decision reviewed by the disciplinary hearing body, the chief law enforcement officer, or his designee, upon written request and shall be promptly informed of this right. (Ord. 1307 §13(E), 2015:  Ord. 874 §40, 1989)