Palm Beach County Jail Fl Inmate Rule Book 2006
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PALM BEACH COUNTY SHERIFF'S OFFICE DEPARTMENT OF CORRECTIONS INMATE RULES & REGULATIONS This Rule Booklet has been issued to you. It is your responsibility to maintain this booklet and turn it in upon your release. You will keep this booklet with you should you be transferred to another PBSO detention facility. You will be held accountable for violations of these rules. PBSO #0307 PALM BEACH COUNTY SHERIFF'S OFFICE Revised 10/06 1 DEPARTMENT OF CORRECTIONS INMATE RULES AND REGULATIONS TABLE OF CONTENTS A. A-1. A-2. B. B-1. B-2. B-3. C. C-1. C-2. C-3. C-4. D. D-1. D-2. D-3. D-4. D-5. D-6. E. E-1. E-2. E-3. E-4. E-5. E-6. E-7. E-8. F. F-1. F-2. F-3. G. G-1. G-2. G-3. G-4. G-5. G-6. G-7. G-8. ORGANIZATION MISSION STATEMENT DETENTION FACILITIES SANITATION AND HYGIENE LIVING QUARTERS PERSONAL HYGIENE HAIR CARE SERVICES INMATE PROPERTY AND MAIL PERSONAL PROPERTY PERSONAL ITEMS ALLOWED IN YOUR POSSESSION MONEY MAIL LEGAL MATTERS AND GRIEVANCES ATTORNEYS AND PUBLIC DEFENDERS PRIVILEGED MAIL LAW LIBRARY NOTARY SERVICES GRIEVANCE PROCEDURES RESTORATION OF CIVIL RIGHTS SECURITY AND CONTROL CLASSIFICATION IDENTIFICATION WRISTBAND HEADCOUNTS CONTRABAND SEARCHES DIRECT SUPERVISION HOUSING SPECIAL MANAGEMENT HOUSING DRESS CODE EMERGENCY PROCEDURES FIRE SAFETY EVACUATION DRILLS NO SMOKING POLICY PROGRAMS AND SERVICES INMATE REQUEST FORMS INMATES WITH DISABILITIES MEDICAL, DENTAL AND FOOD SERVICES MENTAL HEALTH SERVICES RELIGIOUS SERVICES AND COUNSELING VISITATION RECREATION TELEPHONE Revised 10/06 2 G-9. TELEVISIONS G-10. CANTEEN G-11. LIBRARY G-12. SUBSTANCE ABUSE AWARENESS PROGRAM G-13. PRE-RELEASE COUNSELING G-14. EDUCATION PROGRAMS G-15. CHILD CARE AND PLANNING G-16. WORK PROGRAMS G-17. MARRIAGES G-18. DEATH OF A FAMILY MEMBER G-19. NEXT OF KIN NOTIFICATION G-20. INMATE FEES FOR SUBSISTENCE G-21. INMATE MOVEMENT G-22 SELF HELP GROUPS G-23 WESTERN UNION QUICK COLLECT SERVICE H. INMATE CONDUCT AND DISCIPLINE H-1. CONDUCT H-2. RULES H-3. DISCIPLINARY REPORTS HEARINGS SANCTIONS AND PROCEDURES I. SEXUAL ASSAULT AWARENESS I-1 SEXUAL ASSAULT I-2 RAPE AVOIDANCE I-3 WHAT TO DO IF YOU ARE SEXUALLY ASSAULTED I-4 FACTS FOR THE INMATE THAT SEXUALLY ASSAULTS OTHER INMATES I-5 IF YOU HAVE TROUBLE CONTROLLING YOUR ACTIONS I-6 TO REDUCE IMMEDIATE FEELINGS OF ANGER OR AGGRESSION I-7 DID YOU KNOW A. ORGANIZATION A-1 MISSION STATEMENT The mission of the Palm Beach County Department of Corrections is to provide a cost effective high degree of security for the citizens of Palm Beach County, and to provide for the safety of staff and inmates at each correctional facility. It is also recognized that incarceration is, in and of itself punishment. All inmates shall be held accountable for their actions and shall leave the detention facility no worse physically, emotionally or physiologically than when they first were incarcerated. A positive atmosphere shall be created for both staff and inmates in accordance with Florida Model Jail Standards, American Correctional Association, Florida Corrections Accreditation Commission, National Commission on Correctional Health Care, as well as adherence to Florida State Statues. We shall provide a safe and secure environment for inmates, provide necessary training for correctional personnel and create a variety of programs, which affords inmates an opportunity to prepare themselves for introduction into a less restrictive detention environment, and eventual reintroduction into their communities. Revised 10/06 3 The Department of Corrections is committed to the preservation of the basic human rights and dignity. A-2 DETENTION FACILITIES The Palm Beach County Sheriff’s Office operates three (3) detention facilities within the county. They are: MAIN DETENTION CENTER 3228 Gun Club Road West Palm Beach Florida STOCKADE DIVISION/DRUG FARM 673 West Fairgrounds Road. West Palm Beach, Florida WEST COUNTY DETENTION CENTER 38840 1/2 STATE ROAD 80 Belle Glade, Florida NOTE: These are actual locations and not mailing addresses. B. SANITATION AND HYGIENE B-1 LIVING QUARTERS The cell or dormitory area you are assigned to is your living quarters. You will be provided cleaning equipment for the purpose of maintaining your living quarters in a clean manner. Cell and dormitory areas will be inspected on each shift, or at least daily, by the Deputy assigned to that area. Living quarters found to be unsanitary, or not being in a clean condition, may result in disciplinary action being taken against you. The bunk you are assigned to will be your responsibility to keep made up during nonsleeping times. Blankets and sheets are issued for the purpose intended. They will not be used as a hammock, or hung on cell doors or bunks to be used as curtains. Lighting and windows shall remain unobstructed. windows will not be permitted. Placing materials over lights or The floors in your housing unit will be kept clean, dry, and free of hazardous substances. Garbage and trash receptacles shall be emptied and cleaned at least daily. No items of any type shall be placed in or between the cell bars. Walls will be bare and the defacing of walls is prohibited. Toilets, urinals, showers, and sinks shall be cleaned at least daily. Revised 10/06 4 Windows, sills and screens will be kept clean and in good repair. Food items from your meal trays will not be stored for later consumption. Only items purchased from the canteen will be allowed to be stored in your living quarters. Report any maintenance problems, such as inoperable plumbing or lighting fixtures, to the Deputy assigned to your unit so repairs can be made. B-2 PERSONAL HYGIENE It is the responsibility of each inmate to maintain his or her personal hygiene. Being confined with a number of other inmates demands good personal hygiene practices. Showers and lavatories are located in your respective housing units for this purpose. You will be given the opportunity to shower daily. Upon admission to a housing unit from intake, inmates will be issued a toothbrush, toothpaste, soap, and shower slides. You may request an indigent kit from our canteen provider by completing the indigent section of a canteen request form fourteen (14) days after Intake and every week thereafter. Your indigent kit will be delivered on the scheduled canteen day for your unit. The kit contains: 1st Week – toothbrush, toothpaste, deodorant, razor, pencil, 1 stamped envelope and 2 pieces of paper. 2nd Week – toothpaste, razor, pencil, 1 stamped envelope and 2 pieces of paper. 3rd Week – toothpaste, deodorant, razor, pencil, 1 stamped envelope and 2 pieces of paper. 4th Week – toothpaste, razor, pencil, 1 stamped envelope and 2 pieces of paper. After an indigent inmate receives the four (4) week cycle kit above, the items rotate and the inmate would receive the four (4) week cycle again. You may purchase similar items through canteen, if funds are available in your account. You will be provided with soap in your housing unit or purchase your own from canteen. Writing paper is available from the Deputy assigned to your housing unit. If you are indigent for 45 days from Intake you may request indigent clothing, at that time and again at 90 days. These kits consist of: Males 2 undershirts 2 disposable briefs 2 pair of socks Revised 10/06 Females 2 bras 2 disposable briefs 2 pair of socks 5 At time of intake, if you are without under shorts, a disposable pair will be provided to you from the Property Section. Once you are placed into a housing unit and remain indigent, 4 additional pairs will be furnished upon completion of an Indigent Underware Request Form. If you are without funds, and without shoes, submitting an Inmate Request Form to the Property Section will provide footwear. You will be provided with, sheets, pillowcase and towel that will be laundered or exchanged for clean linens at least once per week. You will be provided with a uniform to be laundered or exchanged for clean clothing at least twice per week. You will be held accountable for all linen and uniforms issued to you. Damaged and/or altered linen and/or uniforms will result in disciplinary actions. Female inmates shall be provided with necessary hygiene items. You are allowed freedom in personal grooming, except when a valid interest justifies otherwise. Such justifications, as determined by a Division Commander or designee, may include requirements for safety, security, identification and hygiene. To prevent becoming infected with infections: a) Wash your hands thoroughly with soap and water throughout the day, particularly every time you use the toilet and before every meal. b) Never touch another person’s wounds, infected skin, or dirty bandages. c) Maintain excellent personal hygiene through regular showers and by keeping your living space clean, including the regular laundering of your bed linens. d) Don’t ever share personal hygiene items with others, including toiletries and towels. e) Clean off recreational equipment before direct contact with your body or use a clean barrier such as a towel or shirt between your bare skin and exercise equipment. f) Shower after participating in close-contact recreational activities whenever possible. g) Don’t ever get a tattoo while in jail, use injection drugs, or have sexual contact with other inmates. B-3 HAIR CARE SERVICES Hair and nail clippers will be available from the Deputy assigned to your unit. When you have finished with the equipment it must be returned to the Deputy assigned to your unit properly cleaned. All inmates cutting hair will spray the clippers with the disinfectant solution after each use. NO EXCEPTIONS! C. INMATE PROPERTY AND MAIL Revised 10/06 6 C-1. PERSONAL PROPERTY When you were booked into the facility, your personal property was listed on a RECEIPT FOR PRISONER'S PERSONAL PROPERTY form. You were given a copy of this KEEP THIS RECEIPT. You are required to turn in your receipt upon release for return of your property. Property taken from you at the time of your arrest may have been placed into evidence. You should receive a property form from the arresting officer. We cannot obtain this property for you. Each personal item including clothing, which is authorized for retention, shall be recorded on the back of the facility property receipt and will be allowed for you to retain. C-2. PERSONAL ITEMS ALLOWED IN YOUR POSSESSION Only the items listed below will be allowed in your housing unit unless otherwise specified by a Division Commander. (2) Pair of Footwear (not metal) (1) Pair of shower slides (6) Pair of socks (6) T-Shirts (6) Pair of any type Underwear (1) Pair of Gym Shorts (2) Wireless Bras (Females Only) (3) Nightgown (Females Only) (1) Plastic Compact without mirror (Females Only) (12) Plastic Hair Rollers (Females Only) (2) Sweatshirts (1) P.B.S.O. Issued Uniform (2) Handkerchiefs (not to be used as a bandana) (1) Comb (small/plastic, without a handle) (1) Brush (small/plastic, without a handle) (2) Each of Hygiene Articles (one old, being used and one new): Deodorant, Shampoo, Toothpaste, Toothbrush, Razor, etc. (3) Pair of Glasses/Contacts (4) Games (Dominos, Chess, Checkers, or Playing Cards) (5) Books (including religious books) (4) Magazines (5) Family photos (no Polaroid’s) (1) Address Book (no metal binding) (5) Pens (24) Colored Pencils (1) Religious Cap as approved by Chaplin (1) Prayer Rug or Extra Towel as approved by Chaplin (2) Packages or containers of each Canteen over-the-counter medications *** Medication as approved by Medical *** Medical Alert Badge or Bracelet Revised 10/06 7 *** Brace, Bandage, Cane, Crutches, etc. as approved by Medical Any items in excess of these amounts or any altered or misused items will be confiscated as contraband and disposed of. NOTE: All T-Shirts, Sweatshirts, and Gym shorts must be solid white or gray with NO writing, pockets, logos, hoods, or zippers. To identify your property, you should mark your items with your name and pouch number inside the collar or waistband. NOTE: All other items will be stored in inmate property storage. You may submit one request for items you want in your housing unit. The Property Section will review the request and thoroughly search these items that are authorized. Only one request will be accepted for property from inmate storage. C-3. MONEY All monies that you bring into the facility or which are sent to you shall be kept in a bank account. An account will be generated for you in the Property/ Finance Office. All deposits and withdrawals (fees for subsistence, canteen purchases and transfers to outside parties) are indicated on the computer so that a permanent record is available. We do not accept personal or business checks. We do not exchange currency, money orders, and drafts from foreign countries. All funds of this type will be refused and returned to sender. We cash ONLY U.S. money orders, cashiers checks, or checks issued by local, state, and the federal government. Your family and friends should not send cash through the mail. We will not be responsible for the loss of any mailed cash. Any money taken from you at the time of arrest or in conjunction with your arrest by the arresting officer will not be put into your account here. This money in evidence will be held by the arresting agency, not us. We cannot obtain this money for you. This is a job for either you or your attorney. The transfer of money and valuables between inmates is prohibited, and considered contraband. Contraband items will not be returned to you. Money will not be accepted for you at any time, unless it arrives through the mail as a U.S. Postal Money Order or its equivalent. Contraband money will be handled in the same manner as any other contraband found on an inmate. A property receipt will be completed and turned over to the Jail Investigator for proper criminal charges and disposition. Revised 10/06 8 C-4. MAIL You are permitted to write as many letters as you wish. We encourage you to correspond with friends and family. Writing paper is available from the Deputy assigned to your unit. Indigent inmates that barter with their writing materials, envelopes or postage, or otherwise abuse the privilege of receiving such items at the facility’s expense will be subject to disciplinary action. Mail addressed outside of the United States must be forwarded to the inmate mailroom for processing. Prior to outgoing mail being delivered to the post office, all letters will be stamped with the following disclaimer: ATTENTION: THIS LETTER ORIGINATES FROM A PALM BEACH COUNTY JAIL FACILITY. INMATE MAIL IS UNCENSORED. THE SHERIFF CANNOT ASSUME RESPONSIBILITY FOR ITS CONTENTS. If you do not receive mail as expected, do not conclude that we are holding your mail. We do not hold mail. To avoid any delays in the delivering of your mail, please insure that it is properly addressed by advising your correspondents of the following address, depending on the facility in which you are housed: Main Detention Center NAME____________________ CELL#_____REFERENCE#_____ P.O. Box 24716 West Palm Beach, Fl., 33416 West County Detention Center NAME__________________ CELL#_____REFERENCE #_____ 38840 ½ State Road #80 Belle Glade, Florida 33430 Stockade Division/Drug Farm NAME____________________ CELL#_______REFERENCE #_____ P.O. Box 24716 West Palm Beach, Fl., 33416 IF YOUR NAME, CELL NUMBER AND REFERENCE NUMBER ARE NOT ON THE ENVELOPE, THE LETTER WILL BE RETURNED TO SENDER. Mail will also be returned if you are released or transferred from the facility. All incoming mail, except privileged mail, will be opened and inspected for contraband and monies. You will be advised in writing of any items withheld. Examples of withheld items: 1. Instructions for the manufacture of explosives, drugs or other unlawful substance. 2. Material which advocates violence within the facility. 3. Material which demonstrably has caused violence or other serious disruption of facility security. 4. Material which advocates racial, religious or national hatred. 5. Material of a nature as to encourage sexual behavior which is criminal and/or in violation of facility rules. Revised 10/06 9 You may receive paperback books, newspapers and/or publications from the publishers only. D. LEGAL MATTERS AND GRIEVANCES D-1. ATTORNEYS AND PUBLIC DEFENDERS You have the right to counsel. If you are unable to pay for a lawyer, one will be provided at no charge. NOTE: ONLY A JUDGE CAN APPOINT AN ATTORNEY/ PUBLIC DEFENDER FOR YOUR CASE, THIS IS NOT A JAIL FUNCTION. If you need to contact the Public Defender's Office, you may write to them or call them: East Coast Region: Public Defender's Office 421 3rd Street West Palm Beach, Florida 33401 Phone: (561) 355-7500 Belle Glade Region: Public Defender's Office 2976 State Road # 15 Belle Glade, Florida 33430 Phone: (561) 996-4880 If you wish to obtain an address or telephone number of a specific attorney, look up this information in the telephone book. Do not ask a staff member to recommend an attorney for you as we are prohibited from doing this. You may call or write the following agency to assist you in finding a lawyer: Lawyer Referral Service of the Palm Beaches County Bar Association 1601 Belvedere Rd. West Palm Beach, Florida Phone: (561) 687-3266 Private consultation rooms are available in this facility where you may discuss your case with your attorney. D-2. PRIVILEGED MAIL Privileged mail is mail clearly identified as being sent from your attorney, the courts, or public officials. If there is reason to believe privileged mail contains unauthorized or illegal items or material, it will be opened in your presence unless you waive in writing. Outgoing privileged mail shall not be opened but may be held for a reasonable period of time, not to exceed seventy-two (72) hours, pending verification that it is properly addressed to a person or agency referred to on the envelope. D-3. LAW LIBRARY You are authorized access to legal material by submitting the appropriate Inmate Request Form. Each inmate shall be provided reasonable and meaningful access to legal material. D-4. NOTARY SERVICES Notary services are available to you from the Sergeant assigned to your area. Request should be made utilizing the Inmate Request Form. Revised 10/06 10 D-5. GRIEVANCE PROCEDURES If you have a complaint, bring it to the attention of the “Deputy assigned to your unit.” If the Deputy cannot resolve the problem, then bring it to the attention of the Sergeant or Lieutenant on rounds. If these steps have been attempted but cannot resolve the problem, there is a grievance procedure in the facility to address inmate complaints. You may obtain a grievance form from the Deputy assigned to your unit. Upon receipt of the form, complete the narrative with a description of your complaint. SPECIFY THE PROBLEM, THE DATE OF OCCURRENCE, AND STAFF MEMBERS INVOLVED (if applicable). Also, include any staff members you may have contacted in an effort to resolve the problem. Submit your complaint within seven (7) days from the date of the incident, unless it was not feasible within that time period. You will be provided with a response to your complaint within fifteen (15) days. The response will be based upon the facts, which pertain specifically to the complaint. Inmate grievances will not be processed if they are determined to be: (1) frivolous, (2) excessive or repetitive in nature, (3) previously answered, (4) improperly completed form. If you are dissatisfied with the response, you may appeal to a Division Commander within seven (7) days of receiving your response. The Division Commander will have fifteen (15) days in which to respond to your appeal. If you are not satisfied with the Commander’s decision, you may appeal to the Major within seven (7) days of receipt of the division commander's response. The Major's decision is final. Facility officials may extend the response time for grievances requiring extensive research and documentation. D-6. RESTORATION OF CIVIL RIGHTS An act relating to the restoration if civil rights; requiring that the administrator of a county detention facility provide an application form for the restoration of civil rights to a prisoner who has been convicted of a felony and is serving a sentence in that facility; providing that this act shall not apply to prisoners who are transferred to the Department of Corrections. Procedure for requesting restoration of civil rights of county prisoners convicted of felonies; a. With respect to a person who has been convicted of a felony and is serving a sentence in a county detention facility, the administrator of the county detention facility shall provide to the prisoner, at least 2 weeks before discharge, if possible, an application form obtained from the Parole Commission which the prisoner must complete in order to begin the process if having his/her civil rights restored. b. This section shall not apply to the prisoners who are discharged from a county detention facility to the custody or control of the Department of Corrections. c. To obtain the “Restoration of Civil Rights Worksheet” form you must put in an Inmate Request form to the Inmate Records Section. E. SECURITY AND CONTROL Revised 10/06 11 E-1. CLASSIFICATION During the admission process, a Classification Officer interviewed you. This interview enabled our department to determine the best suitable housing and program needs for you while being incarcerated. E-2. IDENTIFICATION WRISTBAND An inmate identification band was placed on your person when you arrived at the facility. This identification band will have your name, sex, race, and reference number on it. You are required to show the identification band to staff members whenever you are instructed to do so. Do not remove this identification. If this band becomes illegible, breaks or needs replacing for any reason, contact the Deputy assigned to your unit or work detail for replacement. Inmates found without wristbands will not be allowed to participate in any programs, and subject to administrative confinement until such time that personnel can verify their identity and affix another wristband. E-3. HEADCOUNTS Headcounts will be conducted when deemed necessary by the Deputy in charge. All inmates will cooperate by curtailing their movement while the headcount is being conducted. When told to do so, you will stand by your bunk, state your name and pouch number, and/or show the Deputy your identification wristband. During headcounts there will be no talking unless spoken to. The lights will be turned up and the television will be turned off. Failure to cooperate will be cause for disciplinary action. E-4. CONTRABAND Contraband is any article not authorized by the facility, or which has been altered from its original form. Items found in excess of the approved amount are also considered contraband. Disciplinary action and/or criminal prosecution shall be taken if you violate this provision. All contraband items will be confiscated and properly disposed of. Contraband money will be handled in the same manner as any other contraband found on an inmate. A property receipt will be completed and turned over to the Jail Investigator for proper criminal charges and disposition. E-5. SEARCHES The control of weapons and contraband in a facility is an essential measure. Unannounced searches of inmates, their quarters and other areas of the facility are conducted as often as necessary to ensure the safety and security of the staff, inmates and facility. The purpose of searches is to: (1) prevent the introduction of weapons or other contraband into the facility. (2) Detect the manufacturing of weapons, escape devices, etc. within the facility. (3) Discover and suppress "trafficking" between employees and inmates. (4) Enforce rules designed to eliminate the cause of dissension and strife between inmates. (5) Discourage theft and "trafficking" in the facility. (6) Check malicious waste or destruction of facility property. (7) Discover hazards to health or safety that may, be unnoticed during more routine inspection. Searches shall be Revised 10/06 12 conducted in a manner that will avoid unnecessary force, embarrassment, or indignity to the inmate. E-6. DIRECT SUPERVISION HOUSING Direct supervision is wherein the Deputy's post is maintained within the open population of the housing area. The most important factor in determining which inmate will be housed in these units will be their institutional behavior. Those inmates who consistently demonstrate their ability to conform to the rules of the facility and maintain their behavior in a manner consistent with the direct supervision approach will be selected for these units. Inmates who display disruptive or violent behavior will not be eligible for these assignments. Upon being housed in a direct supervision unit, you will be oriented on the rules of direct supervision. If you choose not to abide by these rules, you will be removed from the Direct Supervision unit and reassigned. Depending on the rule violation, disciplinary action may be taken against you. Remember that you are responsible for your behavior and actions. The unit Deputy may institute informal discipline. This informal discipline includes the authority to require you to remain in your individual sleeping area for up to no more than two (2) hours. The informal discipline shall not include restrictions in food, clothing or visiting. E-7. SPECIAL MANAGEMENT HOUSING Special Management housing incorporates Administrative and Disciplinary Confinement, Protective Custody, and Mental Health Isolation. While housed in a Special Management Unit you shall have the opportunity or access to the following, unless restricted by the disciplinary process: a. Shower and shave at least three (3) times per week. b. Visitation, unless there are substantial reasons for withholding such privileges. c. Restraints may be required when deemed necessary. d. Write and receive letters on the same basis as inmates in general population. e. Legal materials. f. Reading materials. g. Telephone privileges. h. Recreation. i. Programs and services. NOTE: There may be justifications for restricting or providing alternative access to any of these opportunities. E-8. DRESS CODE Your issued uniform must be properly worn at all times with the exception of the following: If you have in your possession articles of clothing purchased from the canteen (shorts, sweatshirt, etc.), you may be allowed to wear these items during recreation, sleeping or personal hygiene activities etc. Inmates must properly wear uniforms or appropriate clothing when not in their beds. Inmates must be in full uniform during the following: a. feeding of all inmate meals Revised 10/06 13 b. c. d. e. f. g. while medications are dispensed when legal mail, packages and canteen are being delivered during the exchange of laundered items any time they leave their housing unit during any dayroom activities meeting with attorneys, counselors, investigators, therapist, doctors, religious service personnel, etc. F. EMERGENCY PROCEDURES F-1. FIRE SAFETY Fire safety is one of our department's greatest concerns. Furnishings that are in your housing unit are made with materials that are fire retardant (mattress, pillow). Smoke detectors, fire alarms, fire extinguishers, and fire hoses are located throughout the facility in the event an emergency situation exists. F-2. EVACUATION DRILLS Evacuation diagram routes are posted in your housing unit. Familiarize yourself with these evacuation routes. Periodically, fire drills will be conducted in your housing area. These drills are conducted to ensure the safety of you and staff in case of a real emergency. During the times of evacuation, listen to the instructions given to you by the Deputy. Be calm and quiet, so as to evacuate in a timely and safe manner. F-3. NO SMOKING POLICY All of the department's facilities are designated SMOKE FREE by direction of a Palm Beach County Ordinance. If you have any tobacco and/or smoking paraphernalia in your possession, it is contraband and disciplinary action will be taken against you. G. PROGRAMS AND SERVICES: G-1. INMATE REQUEST FORMS Inmate request forms provide you with a means of communication with the various sections of the administration. Indicate with an "x" the section from which you are requesting information from. DO NOT communicate with more than one section on one request form. A staff member will collect request forms at least daily. See the Deputy assigned to your housing unit if you need assistance. Medical request forms are on 3-ply with the colors, of white, pink, and yellow. Upon completion of a Medical Request form, you may give your request directly to the Health Care Provider during medical rounds. G-2. INMATES WITH DISABILITIES Inmates with disabilities are afforded access, or an alternative access, to all programs and services provided to the general inmate population. If you have a disability and find it difficult to have access to any of these programs and services, submit an INMATE REQUEST FORM to the appropriate supervisors and advise them of the access problems you encountered. If the problems you encounter cannot be eliminated, we will find an Revised 10/06 14 alternative accommodation to ensure you have equal access to these programs and services. G-3. MEDICAL, DENTAL AND FOOD SERVICES A contracted health care provider provides the Sheriff’s Office Medical Services. Nurses are on duty 24 hours a day, seven days a week, at each facility. The nurses make rounds daily to dispense medication. Medication must be taken in the presence of the nurse. When the nurse calls you for medication, you must present yourself properly attired. Disciplinary action will be taken against those inmates who do not wear the proper attire when the nurse is present. You may request medical and dental attention by submitting a Medical Request form. Only the medical staff will collect these forms. Do not give them to the Deputy. Emergencies should be brought to the attention of the staff member assigned to your unit. Fees for Medical Services: All inmates, except federal inmates as stipulated in contract, will be required to pay for certain self-initiated, non-referred (by a medical or mental health professional), and non-emergency care and treatment. The following services will continue to be provided free of charge: Intake and Intrasystem Health Screenings. Medical Histories and Physicals. Chronic Illness. Mental Health Services. Referred Illness and Follow-Up Care. Medical Emergencies (as determined by medical staff). The fee schedule is: Nurse Clinic---------------------------------see posted charges Medical Clinic (MD, ARPN, PA)--------see posted charges Dental Clinic-------------------------------- see posted charges Prescriptions related to above-------------see posted charges (with the exception of chronic illness) Transportation to your own doctor upon approval of the Watch Commander and Inmate Healthcare Authorities-------see posted charges If you are seen at the nurses clinic and then referred to the Medical or Dental Clinic, you will be charged as posted. You must have the money for the transportation to your own doctor prior to the appointment. This money is for transportation only and does not include fees for the medical services rendered. Revised 10/06 15 You will not be charged for follow-up care related to these visits, except for additional transportation and associated medical cost for your own doctor. You will have to sign a payment agreement before the medical service is rendered. No inmate will be denied medical care because of insufficient funds. You have the right to refuse medical care and treatment. Such refusal must be made directly to the medical staff. You will be escorted to the facility's medical department where you must refuse to the medical staff. You cannot refuse medical care to a Deputy, and refusal to go to the medical unit will result in disciplinary action. Eye examinations for the purpose of obtaining glasses may be made at the convenience of the facility and at your own expense. This expense must be prepaid. FOOD SERVICES Food will be served three times a day between the hours of: Breakfast: 5:00 a.m. to 7:00 a.m. Note: (Work release will be served beginning at 4:00 a.m.) Lunch: 10:30 a.m. to 12:30 p.m. Dinner: 4: 30 a.m. to 6: 30 p.m. G-4. MENTAL HEALTH SERVICES Mental health services are available to you. As with medical and dental services, you may request mental health services by submitting a Medical Request form, "speaking with the nurse on rounds," or if the need is urgent, by speaking to the Deputy in your unit. G-5. RELIGIOUS SERVICES AND COUNSELING Religious Services and Counseling are available to you. In the event of a death in your family, religious counseling will be available to you on a one-on-one basis if you request this service. Submit your inmate request form to the Chaplains office for all religious needs. G-6. VISITATION Visitation schedules are posted in each housing unit. Limits on the number of visitors may be imposed based upon schedule, space, and personnel constraints. All your visitors must enter and leave the facility together. A parent or legal guardian must accompany all visitors under the age of eighteen (18). Documentation of the relationship will be required. A birth certificate, adoption papers, or court custody papers will be accepted. Visitation sign-in starts approximately 45 minutes prior to the visit, and is conducted for a 30-minute duration. All adult visitors must present a Picture I.D (valid state or government ID or passport). to be admitted to visitation. All visitors must be properly dressed and conduct themselves in an orderly manner. You will not be permitted to take anything from your housing to visitation. You will not be permitted to receive any items from your visitors. Revised 10/06 16 Individuals requesting to visit with you that appear to be under the influence of drugs and/or alcohol will not be permitted inside of the facility. Visitors wearing clothing with language or symbols deemed offensive, gang oriented, profane, or individuals wearing scanty, see through or sexually suggestive clothing will not be admitted. Where contact visits are permitted, sitting on tabletops is prohibited. Sitting on the lap of an inmate or visitor is not permitted except in the case of young children. Continuous body contact is prohibited. You will be strip searched upon completion of your visit. Any items found in your possession will be considered contraband, and will be confiscated and appropriately turned over to investigators for prosecution. Visitors will control their children or the visit will be terminated. You and your visitors must follow the instructions of PBSO staff or the visit will be terminated. Any violation of the rules will result in the termination of your visit and may result in your visitor being permanently barred from visiting you. G-7. RECREATION Recreation schedules are posted in your housing unit. You will immediately return to your housing unit when instructed to do so by a Deputy or other PBSO employee. Any violation of the rules and regulations of the facility or behavior, which disrupts the duties of staff, assigned to recreation or other staff members will result in your recreation period being terminated and disciplinary actions taken. During recreation you must not attempt to contact or communicate with persons outside of your assigned recreation area through shouting, hand signals and/or obscene gestures. This will be cause for termination of the recreation period and possible disciplinary action against you. Inclement weather may restrict whether or not outside recreation will be offered at the scheduled time. G-8. TELEPHONES Telephones are provided in your housing unit for your use. These are collect call only phones and the recipient of the call will be billed for each fifteen (15) minute call. Follow the directions when dialing to ensure your call is completed. TDD (Telecommunication Device for the Deaf) phones are available at each of the detention facilities for use by any inmate with a hearing impairment. Any abuse of phone privileges will cause the phones to be removed and/or charges filed against you. Telephone hours of operations will be 6:30 a.m. to 11:30 p.m. daily. For the purpose of preserving security and orderly management of the facilities, and to protect the public, inmate telephone calls are subject to monitoring and recording. Revised 10/06 17 G-9. TELEVISIONS The television set located in each dayroom is placed there for your education and entertainment, and is a privilege. There will be no tampering with the television or the cable. Any indication of tampering shall cause the removal of the television from the housing unit and possible disciplinary charges placed against you. The Deputy assigned to your area will operate remote-control television sets. A majority vote by the inmates shall determine which channel will be viewed. The volume level will be maintained at a normal level, so as not to interfere with other inmates, or the operation of the facility. During the taking of headcounts, the volume will be turned down or the TV turned off to allow the Deputy the opportunity to obtain an accurate count. Any inmates not cooperating during the taking of headcount will lose their television privileges and will be subject to a disciplinary hearing. Television Restrictions: Sunday through Thursday all televisions will be shut off between the hours of 11: 30 p.m. to 6:00 a.m. and Friday through Saturday 2: 00 a.m. to 6:00 a.m. G-10. CANTEEN Canteen items may be purchased on the day scheduled for your housing unit. canteen order forms will be available according to the schedule. Forms must be properly filled out and signed by you. Mark only the quantity and item number of those products that you want to order. You should always double-check your order form for accuracy prior to submitting. If you fail to complete the order form properly, your order will be denied. If your total order is more than your account balance, the excess items will not be processed for delivery. Your order is limited to seventy five dollars ($75.00) of canteen items and seventy five dollars ($75.00) of clothing items. Only one canteen order will be processed per week When the canteen representative delivers your order they will verify your identification and obtain your signature prior to handing you the sealed bag. If your order is not complete you must inform the canteen representative who will verify the order with you. The back order of any substitutions will be returned to you on the same day or on the next business day. Any complaints for incomplete orders will not be considered after the canteen representative has left your area. G-11. LIBRARY SERVICES A mobile book cart is available for leisure reading material. Schedule is posted in your housing unit. G-12. SUBSTANCE ABUSE AWARENESS PROGRAMS { SAAP} Substance abuse programs for alcohol and drug addictions are available for you. This includes both educational and treatment programs. If you are interested in these programs, submit an INMATE REQUEST form to SAAP. Your requests will be reviewed by staff for determination of eligibility criteria. Revised 10/06 18 G-13. PRE-RELEASE COUNSELING All inmates shall be able to participate in release preparation counseling. This program provides information on community agencies, which may provide guidance and assistance after release. You will be asked at the time of your release if you are interested in any of the information available. Or you may submit an INMATE REQUEST form to the Programs Section. This information may include, but is not limited to community agencies, which provide for: (1) Employment, (2) Shelter, (3) Mental Health, (4) Drug or Alcohol Abuse Counseling, (5) Transportation. G-14. EDUCATIONAL PROGRAMS Adult Basic Education (ABE) classes are offered. Basic reading, writing and math skills will be taught. These preparatory classes will provide the basic knowledge for inmates to take the G.E.D. test. Upon your passing the GED test, Diplomas are issued. Inmates interested in participating should submit their request to the Programs Section. Secondary Education classes are offered and are mandatory for juvenile inmates (up to 17 years old). These classes are a continuation of regular school. Inmates receive high school credit for attendance. All participants in these programs will abide by the instructions of the teacher. G-15. CHILD CARE AND PLANNING (FEMALE INMATES ONLY) When the Medical Department verifies that you are pregnant, you will be scheduled for pre-natal care. G-16. WORK PROGRAMS All able-bodied county sentenced inmates are required to work and may be assigned to the work program. Job assignment is based upon medical and security clearance, as well as job availability. The Sheriff's Office offers Alternative Custody Programs, House Arrest and Work Release. Placement into these programs is at the discretion of the Sheriff and the presiding Judge. While work release is limited to sentenced inmates, the “In-House Arrest” program is available to both sentenced and pretrial detainees. Send your inmate request to the Alternative Custody Section at the Stockade Division to determine your eligibility. G-17. MARRIAGES Request for marriage must be submitted to the Corrections Chaplain. The marriage of an inmate while incarcerated maybe permitted provided there is no cost to the Palm Beach County Sheriff’s Office, and there is no violation of security and/or safety of staff or inmates. G-18. DEATH OF A FAMILY MEMBER In the event of a death in your verifiable immediate family (spouse, child, mother, father, sister, brother), if you are granted permission by the Division Commander to attend the funeral service, certain requirements must be met. You must be escorted by two (2) Deputies to and from the service, at a rate of pay determined by the Sheriff's Office Revised 10/06 19 Contract Services Unit (You are responsible for this payment). All funds must be on deposit with the Sheriff's Office twenty-four (24) hours prior to leaving for the service. You can also petition your sentencing judge for a court ordered furlough to attend the funeral. G-19. NEXT OF KIN NOTIFICATION: Serious injury or illness can happen to anyone at any time, whether you are at home, work, play, or in a detention facility. During the booking process you were asked three different times to identify a family member, friend or other person you want us to notify in the event of a serious injury, illness, or death. If you want to change the person you want notified, or if you did not list someone at the time of booking, send an INMATE REQUEST form to the Classification Section. G -20 INMATE FEES FOR SUBSISTENCE AND PROCESSING: All inmates, except for federal inmates as stipulated in contract, will be required to pay a subsistence fee cost, associated with their incarceration. F.S.S. 951.033. A one time per incarceration processing fee will be charged to all inmates entering the Palm Beach County Detention facilities. This charge will assist with the cost of inmate processing and inmate uniforms, etc. This one time fee is in addition to any daily subsistence fee. The processing will be charged when the inmate is booked into the system. Inmates participating on Work Release or House Arrest will pay a daily subsistence in accordance with the most recent resolution from the Board of County Commissioners. G - 21 INMATE MOVEMENT Inmates must be in single file line when escorted throughout the facility. (Examples: court detail, recreation, church services, visitation, medical, etc.) G-22 SELF HELP GROUPS A variety of programs to assist with personal growth are available to inmates such as Alcoholic Anonymous (AA) & Narcotics Anonymous (NA). Check the inmate programs schedule for your facility. Ask the Deputy assigned to your unit for enrollment procedures. G-23 WESTERN UNION QUICK COLLECT SERVICE This service enables someone to send you a money deposit from anywhere in the country to the jail within minutes to post bond or to use for commissary purchases. FOR CASH TRANSACTIONS: call Western Union at 1-800-325-6000 to find the nearest agent location. To send money to post a BOND, the sender will need to provide the following information to Western Union: Pay to: Palm Beach County Sheriff's Office Code city/ state: PBSOJAIL/FL Account number: enter the jacket # and inmate last/first name. Revised 10/06 20 On the attention line put the word: BOND To send money for COMMISSARY, the sender will need to provide the following information: Pay to:Palm Beach County Sheriff's Office Code city/ state: GUNCLUBJAIL/FL Account number: enter the jacket # and inmates last name On the attention line put the inmate’s first name and housing location. Sender information: $2,000 transaction limit Western Union fee is determined by amount you would like to send Bank charges may apply Quick Collect by phone is not offered if originated in the following states: Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, Minnesota, New York, and Oklahoma. Quick Collect Online (www. Westernunion.com) is available in all 50 states (some restrictions may apply). H. INMATE CONDUCT AND DISCIPLINE H-1 CONDUCT You are required to obey all rules and regulations of our Detention Facilities. If you are found guilty of violating the rules and regulations under the Florida Model Jail Standards, you can be punished by disciplinary confinement, loss of gain time, and / or loss of privileges. Criminal acts within our Detention Facilities will not be tolerated and will be prosecuted to the fullest extent of the Law. H-2 A. Category I offenses: 1-1 Assault/Battery of any staff member. 1-2 Assault/Battery of any person (other than a staff member). 1-3 Sexual assault. 1-4 Engaging in sexual acts with others. 1-5 Making threats of sexual assault/battery to another. 1-6 Fighting with another person. 1-7 Threatening another with bodily harm or any offense against his/her person or his/her property. 1-8 Extortion, blackmail, protection, demanding or receiving money or anything of value in return for protection against others to avoid bodily harm, or under the threat of informing. 1-9 Setting a fire. 1-10 Rioting or encouraging others to riot. 1-11 Refusing to work, encouraging others to refuse to work, or participating Revised 10/06 21 1-12 1-13 1-14 1-15 1-16 1-17 1-18 1-19 1-20 1-21 1-22 1-23 1-24 1-25 1-26 1-27 1-28 1-29 1-30 1-31 1-32 1-33 1-34 1-35 in work stoppage. Engaging in or encouraging a group demonstration. Escape. Attempting or planning escape. Being in an unauthorized area. Failing to stand count. Interfering with the taking of count. Tampering with or blocking any locking device. Possession, attempted possession, or introduction of any explosive or any ammunition, or other weapon. Possession or attempted possession of contraband (anything not authorized for retention or receipt by the inmate and not issued through regular facility channels ). Stealing (theft). Conduct which disrupts or interferes with the security or orderly running of the institution. Giving or offering any official or staff member a bribe, or anything of value. Refusing to obey an order of any staff member. Insolence toward a staff member. Lying or providing a false statement to a staff member. Using abusive or obscene language. Indecent exposure. Destroying, altering, damaging or defacing government property or the property of another person. Mutilating, altering or misuse of issued clothing, bedding, linen or mattress. Misuse of authorized medication. Making or consuming intoxicants, or being intoxicated. Failure to identify oneself to any staff member when requested to do so. Conduct which is disruptive or interferes with a regularly authorized program, service or activity to include, but not limited to, recreation, visitation, canteen, religious programs, library, law library, substance abuse awareness programs, or clinic. Violation of any Alternative Custody Program rules and regulations to include, but not limited to, tampering with or destroying electronic monitoring equipment, failure to return to facility or residence, or use of intoxicants. B. Category II Offenses: 2-1 Counterfeiting, forging, or unauthorized reproduction of any document, article of identification, money, security or official paper. 2-2 Making sexual proposals. 2-3 Wearing a disguise or mask. 2-4 Adulteration of any food or drink. 2-5 Loaning of property or anything of value for profit or increased return. 2-6 Gambling, preparing or conducting a gambling pool, possession of gambling paraphernalia, trading, bartering, or gambling for food trays. 2-7 Unexcused absence from work or any assignment. Revised 10/06 22 2-8 Malingering or feigning an illness. 2-9 Failing to perform work as instructed by a supervisor. 2-10 Participating in an unauthorized meeting or gathering. 2-11 Failure to follow safety or sanitation regulations. 2-12 Using any equipment or machinery contrary to instructions or posted safety standards. 2-13 Being unsanitary or untidy and failing to keep one's person and ones quarters clean. 2-14 Tattooing or self-mutilation. 2-15 Unauthorized use of mail or telephone. 2-16 Unauthorized contact with the public. 2-17 Correspondence or contact with a visitor in violation of posted regulations 2-18 Giving money or anything of value to, or accepting money or anything of value from another inmate, a member of his/her family, or his friends 2-19 Smoking where prohibited or possession of smoking paraphernalia. 2-20 Failure to wear wristband ( identification band). 2-21 Altering, damaging, tampering with wristband (identification band). H-3 DISCIPLINARY REPORTS, HEARINGS, SANCTIONS AND PROCEDURES: Any staff member witnessing or having reasonable belief that an inmate has committed a violation of the rules and regulations shall prepare an Inmate Disciplinary Report and Incident Report. A separate disciplinary report and supporting documentation will be provided for each rule infraction. A. A Criminal Prosecution: Where an inmate allegedly commits an act covered by criminal law, the supervisor will forward a copy of all related reports to the Corrections Criminal Investigator. The Corrections Criminal Investigator shall determine whether or not the information will be filed with the State Attorney’s office for prosecution. B. Investigations: 1. When an alleged rule violation is reported, the shift supervisor will cause an appropriate investigation to determine if the circumstances support the charges. The investigation shall begin within 24 hours from when the violation is reported and will be completed without unreasonable delay, unless there are exceptional circumstances for delaying the investigation. 2. An inmate charged with a rule violation shall receive a written statement of the charges (a copy of the Disciplinary Report), including a description of the incident and specific rule violated by the investigating officer. The inmate is given the statement at the same time that the disciplinary report is filed with the disciplinary committee but no less than 24 hours prior to the disciplinary hearing. The hearing may be held within 24 hours with the inmates written approval. The investigator will record in the appropriate box of the Disciplinary Report the time, date, and his/her signature of the delivery of charges. Revised 10/06 23 3. At the time the charges are delivered to the inmate, the investigator will inform the inmate that a hearing will be held no later than five (5) days (excluding weekends and holidays) after the incident. The inmate will have no less than 24 hours prior to the hearing to prepare his/her defense, unless the inmate has elected to waive the 24-hour requirement. If the inmate chooses to waive this requirement, the waiver must be in writing and signed by the inmate. The officer shall also have the inmate note in the appropriate box of the Disciplinary Report the time and date of the signing of the waiver. 4. Upon completion of the investigation, the investigating officer shall complete the appropriate portion of the Disciplinary Report and forward the report to the facility’s Inmate Discipline Coordinator or designee. C. Disciplinary Hearing, Findings, and Action: 1. An impartial disciplinary committee or Hearing Review Officer, as determined by the Division Commander, shall conduct a hearing for rule violations. Any member of the disciplinary committee or any person appointed as a disciplinary committee member shall be disqualified if he/she has any involvement in the case against the inmate or investigated the violation. 2. The disciplinary committee’s or hearing officer’s findings shall enumerate the specific facts derived from the disciplinary report, investigation, or the witness statements and what specific evidence was used in the disciplinary team’s or hearing officer’s conclusion. 3. The Disciplinary Committee or Hearing Review Officer may decide to postpone or continue the hearing beyond the established time constraints for a reasonable period and for good cause. Reasons for granting a postponement or continuance may include, but are not limited to: a. Preparation of a defense within a reasonable time frame agreed upon by the committee. b. Illness c. Unavailability of the inmate d. Further investigation of factual matter relevant to the hearing 4. When holding a disciplinary hearing, the hearing officer, chairperson or a majority of the members shall have the authority: a. To require the production of documents or call witnesses. b. To review the inmate request for assistance, for witnesses requested by the inmate or for any evidence which they wish to call or present. The request for witnesses will be denied if doing so would create a risk of reprisal, undermine authority or otherwise present a threat to the security of the institution. No witnesses shall be called if it is clear that such testimony would be irrelevant, immaterial or repetitive. Notifications shall be made in the report with reasons for declining to call requested witnesses or for restricting any information. c. To offer a staff member to assist the inmate during the hearing when the inmate is apparently illiterate, has a language barrier or the Revised 10/06 24 complexity of the issues makes it unlikely that the inmate would be able to properly represent him or herself. The disciplinary hearing officer or committee will require the proper decorum throughout the disciplinary hearing. 5. The inmate charged with a rule violation shall have the following rights at a disciplinary hearing: a. An inmate charged with rule violations shall be present at the hearing unless he/she waives in writing their right to attend the hearing, refuses to attend the hearing, or his/her behavior during the hearing justified removal therefrom: the absence of an inmate from a hearing and the reason therefore shall be documented. b. To have the opportunity to make a statement and present documentary evidence at the hearing. c. To request witnesses on their behalf, which may be limited in number by the disciplinary hearing committee or hearing officer when the evidence to be presented is unduly cumulative information. Justification for denying witnesses will be in writing. d. The inmate shall receive a copy of the written decision. e. The time spent in disciplinary confinement shall be proportionate to the offense committed but in no event shall be greater than 30 days per violation. f. The inmate shall have the right to appeal the decision of the hearing officer or committee to the Major. The decision of the Major is final! g. All steps in the disciplinary process shall be maintained as a written record. However, if the inmate is found not guilty, the disciplinary report shall be so noted and shall be removed from the inmate’s file. h. The decision shall be based solely upon the evidence presented at the hearing, and shall contain a statement of the reasons for the decision and the evidence relied upon. 6. The hearing officer or disciplinary hearing committee chair shall be responsible for completing the “Hearing” portion of the Disciplinary Report, including the names of witnesses called and all restrictions recommended against the inmate during the hearing as well as the justification for the restrictions. 7. The hearing officer’s or disciplinary hearing committee’s findings and recommendations shall meet the following guidelines: a. Upon the conclusion of the hearing, the hearing officer or committee members, in closed deliberations, shall determine the validity of the charges and determine what sanctions should be imposed upon the inmate if found guilty. The decision shall be based solely on information obtained during the hearing process, including staff reports, the statements of the inmate charged, and evidence derived from witnesses and documents. b. Recommendations for discipline shall not be arbitrary nor capricious nor in the nature of retaliation or revenge. Corporal punishment of any kind is prohibited. Revised 10/06 25 c. The hearing officer or chairperson will announce the findings and recommended sanctions to the inmate and record them, along with the reasons for the decision and evidence relied upon, in the “Hearing” portion of the Disciplinary Report. d. If the inmate is found guilty, the hearing officer or chairperson will advise the inmate of their right to appeal. 8. The hearing officer or disciplinary committee shall make one of the following findings: a. Dismiss the charge. If the charge is dismissed, the disciplinary report shall not be posted or placed in the inmate file. The dismissal of a disciplinary report may occur due to procedural errors, technical errors, or duplication of charges. A dismissal is without prejudice and may be rewritten and reprocessed under the same time constraints as new charges. b. Not Guilty. If the inmate is found not guilty, the disciplinary report shall not be posted or placed in the inmate file. The inmate shall be found not guilty when the facts do not support the charge. c. Guilty. 9. Any disciplinary action (except loss of gain time) being imposed with any other disciplinary action should be clearly stated in the disciplinary report as to the concurrent or consecutive requirements. If the disciplinary team or hearing officer does not specifically state concurrent or consecutive requirements, the disciplinary action shall be considered consecutive. Loss of gain time shall not be concurrent with any other loss of gain time and shall be cumulative. 10. If the inmate is found guilty, the disciplinary committee or hearing officer shall impose any one or a combination of the following actions: a. Reprimand the inmate verbally. b. Restriction from and/or alternative access to, recreation, visiting, religious services, non-attorney related telephones privileges, and/or law library for a period not to exceed 60 days. These sanctions may be imposed only when there is substantial reason to do so, or when the violation occurred during that particular activity. c. Suspend any other privileges for a period of time not to exceed: 1. 30 days for a Category I Offense 2. 15 days for a Category II Offense d. Confiscate the property (related to the offense) e. Require inmates to pay for damaged, destroyed, or misappropriated property f. Determine the disposition of contraband items, property or goods, whether P.B.S.O. or personal. 1. If two or more inmates are each found to be responsible for the loss or destruction of an item, they each shall be liable for the full amount. However, the total amount collected shall not exceed the amount of the loss. Revised 10/06 26 g. h. i. j. k. Revised 10/06 2. Payment for damaged, destroyed, or misappropriated property shall be at the replacement value. Inmate or staff labor costs shall not be included. However, outside labor costs may be charged when the damage is the result of a deliberate destructive act. In such cases, documentation shall be placed in the inmate’s file detailing the cost involved. The total invoice cost shall be provided to the inmate and copies attached to the disciplinary report. 3. If an inmate does not have sufficient funds to cover the repair or replacement costs, a notation shall be made on the inmate’s bank account for possible future payment. Should the inmate ever receive money during the current commitment or during service of continuing consecutive commitments, the Sheriff’s Office will be paid prior to issuing funds to the inmate. 4. Costs for medical services resulting from injury may not be imposed. Recommend loss of accrued gain time up to the maximum penalty: 1. 15 days for Category I Offense 2. 10 days for a Category II Offense a. Generally, "Exceptional Industry Gain Time” will be forfeited unless “Good Conduct Gain Time” is specified. A specific number of days recommended for forfeiture shall be indicated. Whenever loss of gain time is recommended, a determination must be made that the inmate has accrued sufficient gain time in order for the forfeiture to be processed. 3. For each sustained charge of escape or attempted escape, mutinous conduct, or other serious misconduct, all the commutation which shall have accrued in favor of a county prisoner up to that day shall be forfeited, except that in case of escape if the prisoner voluntarily returns without expense to the state or county then such forfeiture may be set aside if in judgment the prisoner's subsequent conduct entitles him or her thereto. 4. All or any part of the gain-time earned by a county prisoner and any extra gain-time allowed him or her, if any, shall be subject to forfeiture for violation of any law of the state or any rule or regulation of the institution. Removal from or reassignment of work duties (coordinated with Classification.) Housing reassignment (coordinated with Classification) Remove inmates on supervised community release (House Arrest, Work Release) from the program and assign them to a designated facility (coordinated with Alternative Custody and Classification.) Place the inmate in disciplinary confinement. 1. This period of time may not exceed the maximum penalty for the violation as listed below. a) 30 days for a Category I Offense 27 b) 15 days for a Category II Offense 2. Disciplinary confinement shall be utilized only as a last resort. The time spent by an inmate in disciplinary confinement shall be proportionate to the offense committed. 3. For the purpose of disciplinary confinement sanctions, a day is a 24-hour period beginning at the time the inmate is placed in disciplinary confinement. 4. The maximum sanction for rule violations is no more than 60 days for all violations arising out of one incident. Continuous confinement for more than 30 days requires the review and approval of the Division Commander or his/her designee. 5. Inmates placed into disciplinary confinement have been found guilty of rule violations that directly impact the safety and security of a facility. The Disciplinary Committee can restrict the following by reporting the action in its findings: commissary services, library services, newspapers, recreation, or visitation (excluding attorneys). Telephone privileges consist only of calls related specifically to accessing the judicial process and family emergencies, as determined by the facility commander or chaplain. 11. The following are prohibited sanctions and may not be imposed as discipline: a. Any form of dietary or nutritional restriction, or use of food or meals as punishment. b. Any form of corporal or unusual punishment. c. Any form of discipline imposed by another inmate. d. Deprivation of clothing, bedding, or necessary personal hygiene items. (This does not apply to those inmates who destroy such items or use them to harm themselves or others. In such cases the Division Commander or designee will be notified and the decision to deprive the items will be reviewed at intervals not to exceed 24 hours.) e. The use of restraints as punishment. f. Any form of interference with daily functions of living or hygienic needs, such as sleeping or use of toilet facilities. 12. If an inmate has been placed in administrative confinement pending a disciplinary hearing and the committee subsequently recommends a term of disciplinary confinement, the disciplinary committee shall consider the time served in administrative confinement in determining the total number of days of recommended disciplinary confinement. 13. Inmates held in disciplinary confinement for more than 60 days are allowed access to, but not limited to: Educational services, Commissary services, Library services, Social services, Counseling services, Religious services, telephone privileges and Recreational programs. D. Division Commander’s Review: The Division Commander or designee shall review the report of the disciplinary hearing for the purpose of: 1. Ensuring the hearing officer or disciplinary hearing committee, as well as the hearing itself, conforms to policies and procedures. Revised 10/06 28 2. Agreement or reduction of the disciplinary sanctions, if any. The Division Commander, or designee, may not increase the sanctions recommended by the committee. E. Written Notification: The Inmate Discipline Coordinator or designee shall provide the inmate with a completed copy of the Disciplinary Report. F. Hearing Record: The Disciplinary Report, Disciplinary Hearing, and supporting documents are a record of the disciplinary process. A copy of this record shall be kept in the inmate’s classification file only if found guilty. This record shall be retained for at least five (5) years. G. Appeals: All decisions of the hearing officer or disciplinary hearing committee may be appealed by the inmate to the Major of Operations / Major of Security or designee. Guidelines for appeals are as follows: 1. Appeals must be made within five (5) days, excluding weekends and holidays, from the date of the Division Commander’s approval or modification of the sanctions. The inmate submitting an Inmate Grievance form will make the appeal. 2. The Major or designee shall consider the appeal’s merits based on the following criteria: a. Was there substantial evidence to support the charge(s)? b. Was there compliance with these policies and procedures? c. Were the sanctions imposed proportionate to the offense committed? 3. The Major or designee shall either affirm or reverse the decision and respond to the inmate in writing within five (5) days (excluding weekends and holidays) of the Inmate Grievance (appeal) being received by the Grievance Coordinator and recorded. 4. The Major or designee’s decision is final. I. SEXUAL ASSAULT AWARNESS I-1 SEXUAL ASSAULT Sexual Battery as defined by FSS 794.011 means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose. Sexual assault affects everyone, either directly or through the experiences of those we care about. It is not only a women’s issue as it can affect persons of any gender, age, race, ethnic group, socioeconomic status, sexual orientation, or disability. I-2 RAPE AVOIDANCE The only way rape can be prevented is when a potential rapist chooses NOT to rape. However, you may avoid an attack by keeping the following guidelines in mind: A. Be aware of situations that make you feel uncomfortable. Trust your instincts. If it feels wrong, LEAVE. B. Don’t let your manners get in the way of keeping yourself safe. Don’t be afraid to say “NO” or “STOP IT NOW”. Revised 10/06 29 C. Walk and stand with confidence. Many rapists choose victims who look like they won’t fight back or are emotionally weak. D. Avoid talking about sex, and casual nudity. These things may be considered a come-on, or make another inmate believe that you have an interest in a sexual relationship. E. Do not accept commissary items or other gifts from other inmates. Placing yourself in dept to another inmate can lead to the expectation of repaying the dept with sexual favors. F. Avoid secluded areas. Position yourself in plain view of staff members. If you are being pressured for sex, report it to a staff member immediately. I-3 WHAT TO DO IF YOU ARE SEXUALLY ASSAULTED If the attack has just happened: A. Get to a safe place. REPORT THE ATTACK TO A STAFF MEMBER IMMEDIATLEY. The longer you wait to report the attack the more difficult it is to obtain the evidence necessary for a criminal and/or administrative investigation. B. Request immediate medical attention. You may have serious injuries that you are not aware of, and any sexual contact can expose you to sexually transmitted diseases. C. Do not shower, brush your teeth, use the restroom, or change your clothes. You may destroy important evidence. D. If you are a victim or witnessed an attack, but you yourself are unwilling to report it to a staff member you can fill out an inmate request to the Division Commander. Later on; Seek the support of a trusted friend, family member or staff member, such as the Chaplin. The days ahead can be traumatic and it helps to have people who care about you supported you. Seek professional help. Mental health staff is available for crises care 365 days a year, to listen and offer support. I-4 FACTS FOR THE INMATE THAT SEXUALLY ASSAULTS OTHER INMATES A. You will be issued a disciplinary report. If found guilty, sanctions will be harsh. You can be criminally charged under Florida law. B. Your supervision level will be reviewed and likely increased, which could mean a transfer to a higher security prison or unit with significantly less freedom of movement and limited privileges. If you have family, how will this affect them and/or how will it affect their ability to visit you? I-5 IF YOU HAVE TROUBLE CONTROLLING YOUR ACTIONS A. Seek help from mental health staff. B. Consider participating in programs designed to control anger or reduce stress, Revised 10/06 30 I-6 TO REDUCE IMMEDIATE FEELING OF ANGER OR AGGRESSION A. Try talking to or writing a friend. B. Meditate or do breathing exercises to relax. C. Work on a hobby, or engage in some type of exercise. I-7 DID YOU KNOW Rape and sexual assault happens to females and male of all ages, from infancy to the senior years. 98% of males who have raped boys reported they are heterosexual. Most males who assault men or women are married or report having girlfriends. Sexual assault has nothing to do with the victim’s present or future sexual orientation. Victims may be either heterosexual or homosexual. A survivor is not at fault for the rape, even if she/he was in a secluded area, or had previous consensual sex with the attacker. The fact a male victim of sexual assault ejaculated or became sexually aroused does not mean they were not raped or that they gave consent. These are normal, involuntary physiological reactions. It is common for survivors of sexual assault to have feelings of embarrassment, anger, guilt, panic, depression and fear even several months or years after the attack. Other common reactions include loss of appetite, nausea or stomachaches, headaches, loss of memory and/or trouble concentrating and changes in sleep patterns. Revised 10/06 31