The Jail: What YOU Need to Know 2017 New Chief Deputy Training
Sheriff’s Duty as The Official Jailer OCGA §§42-4-1, 42-4-4
• Custody of a defendant • Each Jail must maintain at least 2 ventilated cells • The Sheriff responsible for the health, safety, and welfare of all inmates • The Sheriff is responsible for protecting the rights of his/her inmates • The Sheriff is responsible for protecting the physical facilities of the jail itself
Jail Staff All jailers must be sworn and under a bond(Handout) Jailers are prohibited from treating inmates inhumanely Jailers are prohibited from oppressing inmates or coercing inmates to testify All new jailers hired after July 1, 1999, have 6 months from 1 st day of initial employment to complete the Basic Jail Officer Course Jailers have no arrest authority Jail officers have authority only within confines of the jail All jailers must accept all inmates brought to them with proper committal paperwork with a possible exception of medical condition requiring immediate medical treatment or obvious physical injury. Georgia law prohibits a certified jailer from serving simultaneously as full-time dispatcher
1 Policy and Procedures
Policy & procedure manual Post orders Good inmate handbook and/or inmate orientation procedure Philosophies of management ◦ Linear ◦ Indirect (Podular Remote) ◦ Direct
Jail Management
Admission Procedures ◦ Committal Paperwork ◦ Records Sheriff required to keep hard-copy file while inmate is in custody (OCGA § 42 – 4 – 7) ◦ Name, age, sex and race ◦ Process under which person was committed ◦ Court that issued the process ◦ The crime charged ◦ Date of commitment to jail ◦ Date of discharge ◦ Order under which individual was discharged ◦ Court that issued the discharge
Additional Record Information
Any known alias Addresses, physical description, previous occupations Known criminal record Names and addresses of relatives and friends, and emergency contact Name of inmate’s attorney Names of persons inmate would like to have as visitors
2 Operational Concerns
Inmate files (records) ◦ Active or inactive files ◦ What should be kept in inmate file Disciplinary Grievances Anything concerning inmate other than medical Record retention schedule (inmate files) ◦ Docket (20 years after last entry) ◦ Specific inmate file (10 years after release) Helps to have file in case inmate recidivates
Jail Management Identification ◦ All inmates must be fingerprinted and mugshot; GCIC requirements (OCGA § 35 – 3 – 36) Orientation ◦ One of the greatest secrets to operating an orderly jail ◦ Must be done prior to assigning a bed, clean towels and bedding, and other necessary items ◦ All inmates must have a copy of inmate handbook, and signed receipt ◦ Recommend at least once daily play orientation info over CCTV if available
Jail Management
Key control ◦ Emergency keys vs. operational keys ◦ Color coding, notches – 2 ways of controlling emergency keys ◦ Operational keys Key logs Manual vs. automated tracking system
3 Jail Management Inmate counts ◦ Formal vs. informal Inspections ◦ In-house vs. DHR (OCGA §42-4-32 handout)
Jail Management
Inmate accounts ◦ How does it operate? ◦ What can be deducted? ◦ Setting prices ◦ Willful damage of public property ◦ Medical treatment for injuries by the inmate upon himself ◦ Extraordinary cost in searching for escapees ◦ Quelling any riot ◦ Normal medical cost ($5) ◦ Indigent inmates
Constitutional Amendments 1st Amendment Freedom of speech, religion, press, assembly and redress of grievances. 4th Amendment Protection from illegal search and seizure. 5th Amendment Protection from self incrimination, double jeopardy and against deprivation of life , liberty and property without due process. (Federal Government) 6th Amendment Right to a speedy and impartial trial. 8th Amendment Protection against cruel and unusual punishment. 14 th Amendment Equal protection under the law, due process requirements for State government.
4 Turner Test
Safety Security Good order of the facility
Deliberate Indifference
A “state of mind” requirement which must be proven in various types of inmate civil rights actions in order for the inmate to win the lawsuit. The Supreme Court has said that “deliberate indifference” involves conduct which is worse than either negligence or even gross negligence.
Simply Stated
DELIBERATE INDIFFERENCE - the conscious or reckless disregard of the consequences of one's acts or omissions.
5 1st Amendment Freedom of speech includes: Mail Publications Telephone Visitation
1st Amendment Freedom of press and assembly includes: Media Access
1st Amendment Freedom of religion includes the right to express beliefs, and the free exercise of beliefs.
6 What qualifies as religion Addresses fundamental and ultimate questions having to do with deep imponderable matters such as purpose, life, and death and/or the belief in the after world. Is comprehensive in nature. Consists of a belief system as opposed to an isolated teaching. Has the presence of certain formal and external signs. Moral and ethical system March 13, 2016, US Supreme Court ruled Scientology is NOT a religion
1st Amendment Under the protection of the first amendment inmates should not be punished for or deprived from the following, unless an actual threat to security exists: The right to correspond Family and friends Mail, telephone and visitation Religion Respect for inmates beliefs Observances Gathering Press Publish and receive printed materials Media contact
1st Amendment - Mail Outgoing mail may be read to determine if any escape plans are being made.
Obscene material may be censored if it fails to show serious literary, artistic, political or scientific value.
Due process for appealing censorship decisions
7 1st Amendment - Visitation
OCGA §42-5-56 (Visitation for Sex Offenders)
Any inmate convicted of a crime with a victim that is 16 years of age or younger, shall not be allowed visitation with any person under the age of 18 years; unless special visitation is approved by the warden or superintendent Family exceptions if family member is not a victim
Fourth Amendment
Search and seizure Contraband Privacy
Strip Searches Nature of charges can establish reasonable belief that the safety, security, and good order of the facility is in jeopardy. Recent Supreme Court ruling allows strip searches of all detainees provided that: ◦ The jail has a written policy in place specifying that all inmates should be strip searched prior to placement in inmate inhabited area; (this could include holding cells) ◦ Searches are performed by officers of the same gender as the inmate, with no one of opposite gender present ◦ The searches are done in the spirit to preserve the safety, security, and good order of the facility.
8 4th Amendment Operational Concerns
Contraband control ◦ So-called “trustys” ◦ Visitation ◦ Mail ◦ Volunteers ◦ Contract personnel ◦ Sheriff’s employees
5th Amendment
Access to courts Attorney visits “Right to remain silent”
6Th Amendment
Access to Counsel and Legal Material ◦ Includes access to representatives of counsel such as law students, para-professionals, and investigators working for the attorney.
Confidential communication
9 6th Amendment BOUNDS VS Smith Bounds (1977) required law libraries for all inmates for any purpose.
LEWIS VS CASEY (516 US 804) Lewis (1996) the Supreme Court held that there is no free standing right to a law library. A “Bounds” violation occurs only if there is an inability to access the courts. Inmates must have the ability to file nonfrivolous legal claims.
Legal Materials
Document the receipt of legal request. Forward the request to the appropriate personnel Document the response to legal request Provide the requested materials During cell searches handle all legal materials with care NOT to read
Access to Courts
Johnson v. Avery (1969) … The fundamental constitutional right to access to courts requires authorities to assist inmates in preparing and filing of legal papers by providing prisoners with adequate law libraries or adequate assistance from persons trained in law. Access to the courts is the key issue, not necessarily access to a law library
10 Access to Legal Counsel
Lawyers must be allowed free access to their clients unless the time is clearly unreasonable. No audio surveillance but may be visually monitored Attorneys may be searched for contraband, but legal documents cannot be read Outgoing legal mail cannot be opened or read The facility has the right to confirm legal credentials
Privileged Communication
Attorney – Client Written ◦ All correspondence between an attorney and his client should be handled expeditiously and with care Spoken ◦ Inmates have the right to speak with their attorney in private and at any time within reason These are usually contact visits and the inmate should be searched after the visit.
8th Amendment CONDITIONS OF CONFINEMENT
DUTY TO PROTECT
USE OF FORCE
MEDICAL CARE
CRUEL AND UNUSUAL PUNISHMENT (applies only to sentenced inmates)
11 Conditions of Confinement
Adequate cell space (8.61 – 8.66) Educational opportunities Availability of jobs (12.01 – 12.08) Recreation (6 hrs weekly min.) Adequate heating, ventilation, food services We must ensure that our facilities are maintained in a safe, sanitary, and humane condition ( 15.01 – 15.19) Due process for disciplinary actions
Food Service For Inmates ◦ Singularly, the most important element of operating a jail facility ◦ No more than 14 hours between 2 hot meals ◦ All meals should be run by a professional dietician ◦ GSA recommends 2400 – 2600 calories/day, and at least 3000 calories/day for inmate workers
Duty to Protect
Rate of violent incidents Objective classification system Enforcement of inmate rules Administrative segregation Adequate supervision PREA ◦ Local jails do NOT have to comply with PREA standards
12 Duty to Protect – Adequate Supervision
Supervision of inmates of the opposite sex is permitted as long as the supervision follows the guidelines of: Instances of viewing nude inmates are rare The supervision meets a legitimate correctional interest (equal opportunity) Every effort to minimize the violation of the inmates’ privacy
Sexual Assault (Persons in Custody) O.C.G.A. 16-6-5.1 (b) A person who has supervisory or disciplinary authority over another individual commits sexual assault when that person: (3) Is an employee or agent of a law enforcement agency and engages in sexual contact with such other individual who the actor knew or should have known is being detained by or is in the custody of any law enforcement agency; (f) A person convicted of sexual assault shall be punished by imprisonment for not less than one nor more than 25 years or by a fine not to exceed $100,000.00, or both;
Supervision in the Jail The custodial nature of the jail requires rigid personal supervision of inmates by jail staff Only jail staff members are qualified to supervise inmate activities ◦ Inmates should NOT be allowed to exercise control or authority over other inmates Allowing inmates to supervise other inmates is both dangerous and illegal
13 Use of Force Justification
If you are under threat of great bodily injury or death. To prevent great bodily injury or death of a third party. To prevent the commission of a forcible felony. Objectively reasonable under the circumstances – same standard should be used whether sentenced or pre-trial detainee
Medical Care
Correctional facilities have a duty to provide for the well being of the inmates that they house by ensuring they are provided with complete and proper healthcare. Jailers are subject to be held liable if they are found to be deliberately indifferent to legitimate medical needs.
Consent Vs. Refusal
Consent In general, competent adult inmates have the right to refuse medical treatment so long as such refusal does not endanger the life or safety of other prisoners in the facility. Refusal If an inmate with serious medical or mental health problems refuses treatment, the agency may appeal to a judge for a Court Order to subject the inmate to involuntary treatment.
14 Cruel and Unusual Punishment
Segregation - The courts have held that it is reasonable to restrict an inmate for purpose of ensuring the safety and security of the facility. Administrative Used to protect the inmate from the population To promote or maintain discipline Disciplinary A transfer to more restrictive confinement for the purpose of punishment for a violation of jail rules and regulations
14 th Amendment
EQUAL PROTECTION Used to apply Eighth Amendment protections to pretrial inmates.
Equal Protection
Mitchell v. Dupnik 75 F.3d 517 (9 th circuit 1995) ◦ “Pretrial detainees MAY be subject to disciplinary segregation only with a due process hearing to determine whether they have violated any rule.”
15 Sandin Vs. Conner
A deprivation falls within the 14 th amendment’s definition of liberty only if it “imposes atypical and significant hardship on the inmate relative to the ordinary incidents of prison life.” Landmark decision greatly reducing the obligation to follow due process in every instance.
Segregation Unconstitutional Failure to follow due process Lack of sanitation Poor cell conditions Inadequate exercise Diminished diet Unreasonable periods of isolation Inadequate access to courts or religious counseling Inadequate access to healthcare Document all actions taken and conversations with inmates
Civil Rights of Institutionalized Persons Act of 1980
Passed by Congress Courts had limited the right of the federal government to sue on behalf of institutionalized persons Two features come about ◦ Department of Justice may sue on behalf of institutionalized person ◦ Department of Justice will publish minimum standards concerning in-house grievance procedures
16 Trustys
Use of inmates for profit or private gain ◦ 13 th amendment to US Constitution ◦ Jailer shall not hire out inmates for personal gain ◦ Unlawful for any inmate to be used for any purpose that results in private gain to any individual (OCGA § 42 – 1 – 5) Natural disaster Victim compensation Community service programs Work-release programs
Jail Management Commissary and inmate telephone funds ◦ Commissary ◦ Telephone Property bonds ◦ Most bonds used are property bonds (85%) ◦ The Sheriff shall set the requirements for use of real property ◦ The Sheriff shall have requirements for property in another county if approved by the Sheriff of the other county Cash in lieu of property bonds
Bail and Bonds
Cash Bonds ◦ Most cash bonds taken by the Sheriff are deposited with the Clerk of the Court the following day ◦ Cash bond should be placed in an interest bearing account ◦ Profits should go to Superior Court Clerk’s Cooperative Authority for distribution to the Public Defender’s Council
17 Bail and Bonds
Bond fees ◦ $20 Sheriff fee for taking bonds (required) ◦ Add on fees to all bonds Peace officer/prosecutor training fund ◦ Lesser of 10% or $100 Indigent defense fund ◦ Lesser of 10% or $100 Jail staffing & construction fund ◦ 10% ◦ Must be adopted by local governing authority
Bail and Bonds
Bail Bonding Companies ◦ Unlawful for Sheriffs to engage directly or indirectly in the bail bonding business (OCGA § 45 – 11 – 8) ◦ Publish and make available written rules and regulations defining acceptable sureties (OCGA § 17 – 6 – 15) A Sheriff is NOT required to accept a professional bond company or bonds person as surety
Bonding Companies
Rules for bonding companies (Minimum requirements – §17-6-15 OCGA Hand out) ◦ Complete documentation of composition of company ◦ Complete list of employees, agents, and individuals authorized to sign or act on behalf of company ◦ Valid business license in jurisdiction where bonds are to be written ◦ Fingerprints and background checks on all bonds persons
18 Bonding Companies
Rules for bonding companies (Minimum requirements – §17-6-15 OCGA Hand out) ◦ Cash escrow account or other collateral approved by Sheriff ◦ Rules for application, approval, and reporting procedures approved by Sheriff and conforming with state laws ◦ Fees charged to bonding company applicant to cover application administrative costs ◦ Other criteria at the discretion of the Sheriff
Bonding Companies Bonding companies not to charge or receive more than 15% of principal bond amount of bonds. Bondman can charge up to $50 if 15% is less than 50$. Surrender off bond. (OCGA § 17 – 6 – 30) ◦ Fee to be returned by bonding company upon surrender, unless: (OCGA § 17 – 6 – 54) ◦ Defendant’s subsequent arrest for other than traffic offense or misdemeanor ◦ Cosigner attests in writing a desire to be released from the bond
Bonding Companies
Surrender off bond. (OCGA § 17 – 6 – 30) ◦ Fee to be returned by bonding company upon surrender, unless: (OCGA § 17 – 6 – 54) ◦ Defendant fails to notify court and surety of address change ◦ Defendant fails to pay to surety any fee due after certified mail notification that amount is past due ◦ Defendant fails to notify court and surety upon leaving the jurisdiction of the court ◦ Defendant provides false information to surety ◦ Bondsman not allowed to collect any further compensation
19 Bonding Companies
Bond forfeitures (OCGA § 17 – 6 – 31) ◦ Surety can surrender defendant to the custody of the court and not have to give defendant any of his/her money back once bond is in forfeiture ◦ The most asked question concerning professional bonding companies (OCGA § 17 – 6 – 72(c))
Bounty Hunters
Bail recovery agents ◦ Bounty hunters ◦ All professional bonding companies must register their bail recovery agents with the Sheriff of the county that they are operating within ◦ Each professional bonding company shall issue a uniform ID card to each bail recovery agent registered by the bonding company, and should include the agent’s name, height, weight, address, photograph and signature ◦ The ID card shall also include the signature of the professional bondsman
Bounty Hunters Bail recovery agents ◦ All bail recovery agents who enter into any police jurisdiction for the purpose of apprehending or engaging in surveillance shall, prior to taking any action, notify that police jurisdiction ◦ All out of state bail recovery agents shall submit to the Sheriff or police chief his qualification to be a bail recovery agent in his home state. If not qualified according to GA statutes, he must hire a local bail recovery agent to assist him. He must have in his possession a certified copy of the bail bond or forfeiture.
20 Questions???
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