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Home My WebLink About85-011i ~ *r,~~+ ~~~• ~ s GC~E3t~"f~'1` 't~F BiJTTE~, STi4~"'E ~~7F CAS. IF'4Ri`J{A ~~ i.:~. '''~~ '~''~~ Resolution IVo. ss-ii RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE RATIFYING SETTLEA~IENT OF LAWSUIT WHEREAS, a proposed Consent Decree, Order approving Consent Decree and granting l~iotion for Class Certification and Release of Claims for Damages, Attorney's Fees and Costs in connection with the Matter of the Application of Floyd E. Jones, et al. v. Hal Brooks, et al. have been presented to the Board of Supervisors; and WHEREAS, the proposed Consent Decree, Order and Release are attached to this Resolution; and WHEREAS, the Board finds that the proposed Consent Decree, Order and Release are in the best interests of the County of Butte. NOW, THEREFORE, the Board of-Supervisors of the County of Butte does hereby resolve, declare and determine as follows: 1. The foregoing recitals are adopted as a past o£ this Resolution. 2. The attached Consent Decree, Order Approvin~ Consent Decree and Granting Motion for Class Certification and P~eldase of Claims for Damages, Attorney's Fees and Costs are ratified. 3. Counsel of record for the County of Butte is authorized and directed to execute the Consent Decree on behalf of the County of Butte and Al Saraceni, Jane Dolan, Hilda Wheeler, Bertha Moseley, and I.,en Fulton as the Board of Supervisors of the County of Butte, and their successors. 4. The Chief Administrative Officer or his delegate is authorized to take all action reasonable and necessary for the purpose of implementing and complying with the terms of the Consent Decree, Order and Release. PASSED AND ADOPTED this 5th day of February, 1985 by the following vote: AYES: Supervisors Bolan, McTnturf, Wheeler and Chairman Fulton NOES: Supervisor McLaughlin ABSENT: None NOT VOTING: None ~L . r u,~ 1 v~v, ~.;na~rman, Butte County Bo rd of Supervisors ATTEST: 11~ZARTIN J. NICHOLS, Chief Administrative Officer and Clerk of the Board of Supervisors By -~7 RELEASE OF CLAIMS FOR DAMAGES, ATTORNEY'S FEES AND COSTS FOR AND IN CONSDIERATION of a valid negotiable instrument or instruments payable to FLOYD E. JONES, RUBEN DOMINGUEZ, WILLIAM PRICE, PAUL T. PERSONS, DANE A. CAMERON and CAMERON, PERSONS & MILLER in the sum of EIGHTY ThOLSAI`ID DOLLA.P~S ($80 tlE}0} , each person signing this Release hereby releases and forever dis- charges HAL BROOKS, individually and as Sheriff of the County of Butte, AL SARACENI, JANE DOLAN, HILDA WHEELER, BERTHA MOSELEY, LEN FULTON, HASKELL MacINTURF, ED McLAUGHLTN, individually and as present and former Supervisors of the County of Butte, and the COUNTY OF BUTTE and their principals, agents, servants and employees, from any and all claims, demands, actions, or causes of actions, known or unknown, existing or arising in the future, including but not limited to personal injuries and property damage in any way connected with the subject matter of the Petition and Complaint filed in Butte County Superior Court, Action No. 84429, together with all claims for costs or attorney's fees incurred up to and including entry of the Consent Decree in said action. RIGHT TO RECOVER FOR UNKNOWN CLAIM IS WAIVED Section 1542 of the Civil Code of the State of California. provides as Follows: "A general release does not extend ta.claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially effected his settle- ment with the debtor." Each person signing this Release acknowledges that he or she has read this Civil Code Section and understands it. Each person signing this Release waives all rights and benefits which 1 j Y~ he or she may:now have•or may. have. in the future under this .Section. WE UNDERSTAND THAT THIS IS ALL THE MONEY WE WILL. EVER RECEIVE {provided that-this provision does not apply to further attorney's fees nought gursuant to Section XIV of the Consent Decree,} AS AND FOR FURTHER CONSIDERATION:of~said money, and in exchange~far.'the,money• Whlah,each person signing this Release is receiving, eat Person signing this Release agrees and. promises as fOll°WS~S (1} To abandon and dismiss: with prejudice their cause of action-, in. Hutte• County Superioz Court, Asti-on N°- $429 for daiuages ceder the Federal-Civil Rights Act. or otherwise; Floyd E. Jones, Ruben Dominguez. and William Price hereby authorize-their attorneys to~ execute- and. file a Dismissal With, Prejudice of: said cause. of action; {2}. ' The liability for. said accident., occurrence, casualty, or event is disputed. by the parties herein released; this. Release is a compromise and. shall not be• construed as an admission of liability; and. that evidence of this Release shall not be . admissible in any action against nay of: the persons. released hereby. {3} This is a full and final release applying to all unknown and unanticipated injuries, deaths,~or damages arising out of said accident, as well as to those now known or disclosed. (4] Each of the persons signing this Release•shall indemnify • and save harmless the .parties herein released from any loss. claim, expense, demand. or cause of action. of any kind or character: - {a) through the assertion by any stranger hereto of a claim or claims gnnected with ~e subject matter of this Release; ~-2- ~ _ .. .i~ l ~~ ...{b} .from any loss iaeurred:directly or indirectly by reason of -the falsity or inaccuracy of any regresenta- tion by the undersigned; and {c1 .against any liability, claim, lien or cause of action, by any employer .or rror]rmen's compensation carrier having, or. claiming to have, subrogation right arising from pastor future payments to, or on behalf of, the undersigned.. {g} There are no liens, claims of liens, or assignment of, or against, the claim or cause. of action of the undersigned. {6} Each of the persons signing this Release is authorized and entitled to~give this complete. release, {7} That each.af.the undersigned does hereby name, designate, and appoint-Paul T. Persons.and-Cameron. Persons & Miller authorized agents to accept. delivery of said consideration for-this Release on behalf. of the undersigned, and ~d PAY °= Parties herein released are hereby authorized to deliver said consideration to. said authorized. agent. {$} This-settlement is conditioned on execution by counsel of a Consent Decree in resolution of al.l issues ~.n the matter of Jones et al. v. Brooks et al., Butte County Superior Court No. 84429, by approval of the Court of said Consent Decree and on class certification pursuant to that Decree. Should any of t those. events not occur, this settlement is null and void- (4} This Release contains the entire agreement between the parties hereto. The terms of this Release are contractual and not a mere recital, T:1is Release is executed without reliance upon any representation by anv person concerning the nature or - t! ~ -:~ 1 ., 4 ~' s 7 $ IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 TN AND FOR THE COUNTY OF BUTTE 1 {l 11 In the Matter of the Application of 12' FLOYD E.. JONES,.RUBEN DOMINGUEZ, ) NO.~ 84429 WILLIAM PRICE, and Does I. through CC, } 13: ) Petitioners., For. a Wait of ) 14 Habeas Corpus, ) Plaintiffs fvr Declaratory ? 1S and Injunctive Relief, ) CONSENT DECREE AND' Mandamus, and Damages, } ORDER APPROVING 16 } CONSENT DECREE AND GRANTING MOTION FOR 17 °' } CLASS CERTIFICATION ~- HAL BROOKS, as the Sheriff of the } #$ County of Butte, and AL SARACENi, ) JANE DOLAN, HILDA WHEELER, BERTHA ) 19 MQ3ELEY, LEN FiTLTON, Fis the Board ) of Supervisors- of the County of ~ 20 Butte, and. the COUNTY OF BUTTE, ) 21 ~ Respondents/Defendants. } 22 23 24 25 . ~ k` LT 2~ ~ 1 2 3 4 ~5 6 7 8 9 ~0 #t #2 '!3 1~ 15 i 76 ~ 17 18 19 20 21 22 23 24 25 26 27 26 Pale I. INTRODUCTION I II~. INTERPRETATION 3 III, JURISDICTION' ~ 4 IV. DEPARTMENTAL ORDERS. 5 V. INFORMATION. FOR JAIL INMATES 7 VI. OVERCROWDING $ VII. JAIL FACILITY. IO VI.I~I. STAFFING 16 IX.. COORDINATOR 19 X. ENFORCEMENT 22 XI. COMPLIANCE ~ 24 XZI~... MODIFICATION 25 XII.I'. CLASS ACTION CERTIFICATION ~ 27 XIV. DAMAGE CLP,IM5, ATTORNEY FEES AND COSTS 28 EXHIBITS 1 INDEX OF DEPARTMENTAL ORDERS 2 DEPARTMENTAL ORDER 51(33, GENERAL INFORMATION 3 DEPARTMENTAL ORDER 5104, RULES OF CONDUCT 4 DEPARTMENTAL ORDER 5105, INMATE GRIEVANCE PROCEDURES 5 DEPARTMENTAL ORDER 51Q5, DISCIPLINARY PROCEDURES ~~ DEPARTMENTAL ORDER 5147, LAW LIBRARY 7 DEPARTMENTAL ORDER 5108, WORK/SCHOOL FURLOUGH PROGRAM 8 DEPARTMENTAL ORDER 5109, BUTTE COUNTY JAIL PRE-TRIAL . RELEASE PROGRAM 9 DEPARTMENTAL ORDER 5014(a), AMENDMENTS~TD CLASSIFICATION PLAN FOR INMATE 3.q FACILITY DRAWING, Bi3TTE CCL'NTY JAIL ~2. 3. 4. 5 7 $. 9 1Q 1'# 12 13 14 15 i6 17 1$ 19 2'~ 22 23 2a 25 2fi ~I 27 28 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF BUTTE In the~Matter of the Application of ) ) FLOYD E. JONES, RUHEN DOMINGUEZ, ) N0, 84429 WILLIAM PRICL', and Does I through CC, ) , } Petitioners, For a Writ of ) Habeas- Corpus, ) Plaintiffs for Declaratory ) and Tn~unctive Relief, ) Mandamus, and Damages, ) ) v. ) } HAL BROOKS, as the Sheriff of the } County of Butte, and AL SARACENI, ) JANE DOLAN, HILDA WHEELER, BERTHA ) , MOSELEY, LEN EULTON, as the Board ) of Supervisors of the County of ) Butte, and the COUNTY OF BUTTE, ) Respondents/Defendants. ) ) CONSENT DECREE I. INTRODUCTION A. This is an action pertaining to the conditions of the Butte County Jail, brought by Floyd E. Jones, Ruben Dominguea, and William Price. The Petition/Complaint alleges five causes of action for: C1) Habeas Corpus (2) Mandamus C3? ©eclaratory Relief (4} ?njunctjve Relief and (5) Damages under the ~`ederal 1 2 3 4 5 8 7 a 9 10 11 12 i3 14 15 16 17 1$ 19 2a 21 23 24 2B z5 27 28 f r • . ~~ .. -1 ,~ Civil Rights .Act. The petitioners/plai.n~if€s are represented by, attorneys: Paul T. Persons- 1834 Arroyo Canyon Drive.. . Chico, California 9592,5 Cameron, Persons ~ Miller {by Dane A. Cameron) 416 West Second Street, Suites '2-6 Chico, California 95926 The respondent/defendant Hal Brooks, individually and as Sheriff of the County of Butte is represented by attorney: Robert L. Hewitt Professional Arts Building 2854 'E' Olive Highway- Oroville, California 95965 The respondents/defendants- Al Saraceni, Jane Dolan, Hilda Wheeler, Bertha Moseley, Len ~`ulton, as the Board of Supervisors of the County of Butte,- and. the County of Butte are represented by attorneys: Popelka, Allard, McGowan. Jones & Howard {by Bruce dye and Amy L. Randall} 601 Montgomery Street, Suite 202fl ~ San Francisco, California 94111 ~, S. Ail the parties by and through their undersigned counsel hereby present to the Court for-its consideration and adoption the within Consent Decree. offered in complete resolution of all issues raised in the above-captioned matter. However, it is expressly understood by the parties that if the Court shall. fail or refuse to approve this Consent Decree, it shall become null and void and without any force or effect and none of the parties shall be bound by it. r_. The parties, by their respective counsel, have agreed to the entry of this Consent Decree and do hereby agree: J Z5 16 17 18 1S 24 2~ Z3 I. That~the provisions of this ,Decree constitute the entire consideration by .the. parties for the full settlement of this litigation; 2. .That this Consent Decree is~the entire agreement of the parties hereto; 3. That. neither this Decree nor any provision thereof constitute evidence or admission of responsibility or liability of any party as to 'any. issue of law, equity, or tort raised by the pleadings herein: 4.. That the parties waive any statement of. decision and/or findings of fact and conclusions of law on the issues raised by the pleadings or otherwise;. and S. That .the-.parties expressly waive the right to appeal, if any,- this- Consent Decree. D. Whenever the term "counsel" is used herein it shall refer to counsel of record. in- the above-entitled proceeding at any given time. The Court. having been fully advised and informed of the fasts and circumstances, and gaud cause appearing: NOW, THEREFORE, IT.IS HEREBY ORDERED, ADJUDG~sD AND DECREEI as fD110W5: II. INTERPRETATION A. This Decree is entered into as a settlement of ar 24 1€ (~ existing dispute among the parties as to whether the Butte oun y ~ 9~ Jail, 33 County Center Drive. Oroville, C~:lifornia falls below, 26 !~ meets, or exceeds minimum constitutions{ andJor statutory ~: I' 27 ;~ srandards. I~ `g '~ B. All exhibits attached hereto are made a part hereaf anc ;~ ~~ ~ . .:J 1 2 3 4 8 .. 6 7 8~ 9 10' if 12' 13. 14 15 1fi 17~ 18 19 24' 21 22 23 24 25 ' 2G 27 28 incorporated by reference thereto the same as though more fully set forth herein. C. By entering into this Decree, defendants do not admit to any violations of or failure to comply with. applicable laws, rules or regulations, nor do defendants admit to~any violation of constitutional standards.. D. Petitioners/plain-tiffs shall seek. no further equitable or legal. relief for the acts,. practices or omissions alleged in the Petition/Complaint except to enforce the provisions of this. Decree thereby, to the extent permitted by law, waiving the,~,I right to seek. further equitable or legal relief. on the causes of action alleged. in the Petition/Complaint. E.. ~ Plaintiffs agree that this Decree is fully binding on each of them individually, and on the plaintiff class. Defendants agree that this Decree is fully binding on each of them, and each of their officers, agents employees and successors. F. The only obligations of-the parties hereto are those explicitly stated herein. G. Nothing in this Consent Decree shall prevent the Sheriff from seeking additional staff or resources from the Soard of Supervisors of the County of Butte. H. Good faith efforts to comply with the provisions of this Decree are the standards of compliance for this Decree except where the law provides a higher standard. III. JURISDICTION A. Because of the nature of the relief sought, the Court shall retain jurisdiction herein for three ~3) years from the date the Consent Decree is signed and filed by the Court. r ~ ~'~ ~. Consequently, a_ll parties do hereby recognize and submit to the 2 .continuing jurisdiction of the Court for the period stated. 3 B.: whenever-the phrase."term of -the Consent. Decree" is used 4 herein it shall refer to the above-stated three {3} year period. 5 C . At. the expiration of three ( 3 ) years from the date of 6 entry of this Consent Decree,- the Coordinator (see Section IX ', 7 hereof} shall submit a Final Report to the Butte County Superior $ Court and to all counsel. Thereupon, the Court shall determine ~ if the parties are in compliance with the Consent Decree, and if ~a sue, shall discharge the Coordinator. ~1 TV. DEPARTMENTAL. ORDERS ~2 A. The Butte-County Sheriff's Department operates according ~~ to a Manual, of .Policies and Procedures which is carried out by f4 its' Departmental Orders. The currently_existing Orders are. 15 listed and set forth in Exhibit #l attached. ~6 B. The Sheriff hereby adopts and shall implement the ~7 following Departmental Orders: ~$ #5103 General Information {Exhibit 2) 19 {It is recognized that this Exhibit 2 has been written as being directed to an inmate for reading purposes. This grammatical structure is not intended to affect in any 2f way the substance o£ the information con- tained therein. However, in the event it ~ does so, then the Sheriff shall take immedi- ate steps to make Departmental orders conform ~ to the information contained the rein.) 24 #51Q4 Ru].es of Conduct (Exhibit 3) ~ #5105 Inmate Grievance Procedures (Exhibit 4) 26 #5106 Disciplinary Procedures {Exhibit 5) 27 #5].07 Law Library (Exhibit 6} 28 X5108 Work/School Furlough Program (Exhibit 7) 9 ~0 ~1 72. 13 14 15 16 17 18 79 20 21 22 23 24 25 26 27 28 #5109 Butte County Jail..PreTrial Release Program . ;Exhibit 8) #5014a. Amendments to Classif ication Plan for Inmates (Exhibit:9} ~kS022 Fire and Life Safety. in the.Jail .(Attachment ~3 is amended to add the rata the requirement of Fire Prevention Inspections by the State Fire Marshall on a biennial basis..) ~~, C, The Departmental Orders enumerated in~the foregoing Paragraph B shall be deemed. to replace: supersede, amend, or ~~, modify an:y and'. all prior. Departmental Orders, or parts thereof, ~~, inconsistent therewith or contrary thereto. The remaining ~,I Departmental. Orders, or part thereof, not so inconsistent or contrary, remaim in full. Force and effect. D. The Sheriff shall prepa~ce, adoptand implement within thirty (30) days from the effective date of this Consent Decree a Facility Sanitation. Safety, and Maintenance Plan as required by California Administrative Code Section 1280. The plan shall specify tasks to be performed by Correctional officers,. trustees and non-trustee inmates. It shall ire submitted to the Coordina to: who will transmit it to the Court, and to each counsel, together with his recommendations in respect thereto. A noticed hearing shall be held and any ruling by the Court shall be deemed a modification of this Decree accordingly. E. The Sheriff shall provide a procedure whereby the county registrar of voters allows qualified inmate voters to vote in local, state, and federal elections, pursuant to election codes. F. If any provision or part of any Departmental Order shah. be deemed unlawful then :.t shall be severed and removed therefrom . ~~, ~ ~ ~~ 1 2 3 4 5 6 7 8 9~ 1 t} 73 12 13. 14 15. 1G 17 18 19 20 23 22 23 24 ~5 2B 27 2~ as though never a part thereof and shall not affect the validity and enforceability of the remainder thereof.. G. Within ninety {`~0} days from the effective date of this Decree, the Sheriff shall completely review, revise, and repub- lish the Departmental Orders and prepare a Manual of Policies and Procedures in accordance with the operative provision of this Decree.- Tn the interim, and forthwith, all personnel in the .Butte County Sheriff's Department shall be instructed concerning thin Decree. and the provisions thereof.. H.. The requirements in this Consent. Decree relating to the content of the Sheriff's Departmental Orders are not intended. to preclude revisions thereto in the future, provided that the subst.anti.ve requirements of. this Consent. Decree are implemented and adhered to by the defendants. Copies o~ any such Depart- mental Orders. as amended,.shall be mailed to the Coordinator and all counsel. of record not less than twenty {24) days prior to their effective date. If counsel for any garty believe any such proposed amended Departmental Order violates any provision of this Consent Decree, such gamy may Petition the Court for appropriate relief and give notice thereof to all parties.. ~. INFORMATION ~'OR JAZL INMATES ~ A. The Sheriff shall prepare and distribute a Jail Informa-' tion flooiclet for the orientation of inmates. it shall contain verbatim the following Departmental orders (except any forms ~ attached thereto}; ~ X5143 General Information Exhibit 2) #5144 Rules o£ Conduct f,ExhibLt 3) '~ X5105 Inmate Grievance ~rocAdure t£xhibit 4) 1. 2. 3 4. 5 6 7 8 S~ 10 11 12 13. 14 15 16 1? 1$- 18 20 21 22 23 24 25 26 27 28 / .~- '~~ ~± -:,~ 1~5106_~,~• Disciplinary Procedures {Exhibit: 5} -The- County of Butte shall cause the same to be printed forthwith in ample quantity to meet the anticipated- inmate population needs.~of the Butte County Jail. B. The Sheriff shall cause to be kept and maintained in the hail's law library copies of the following.Departmental orders: X5107 Law Library {Exhibit 6) ~k5308 Work/School Furlough Program (Exhibit 7) ik5109 PreTrial Release Program (Exhibit 8) Maintenance and Sanitation Plan (when adopted} VI. OVERCROWDING: The parties agree that the defendants shall avoid.overcrowd~ ing_in the Butte. County Jailby'taking the following actions: A.. B the Count of Butte 1..: There-shall be constructed a new ninety-six (96} bed minimum security facility on a site near. the Hutte County Jail.- It shall. be properly and completely furnished and equip- ped. It shall be adequately staffed,. placed in operation, and permanently maintained on and after January 1, 1986. 2. For as long as necessary to maintain housing units at their rated capacities {as set forth h~:rein}, contractual arrangements shall be maintained with Shasta County for the housing at the Crystal Creek facility of not to exceed twenty (20} inmates from the Butte County Jail. 3. For as long as necessary to maintain housing units et forth herein), contractual at their rated capacities (as s arrangements shall be maintained with Shasta County for the housing at the Shasta County Jail of not to exceed thirty {30) inmates from the Butte County Jail. _ ___ ii ~ # 2 3 4. . 5 6 7 8 9~ 1D '~ 1 1 Z. 13 #4 15 #6 #7~ #8 39 2D 2# ?2 23 24 25 28 27 2$ ~:~ B. B `the Sheriff of Butte Count 1, Whenever it, is necessary in order to maintain housing units at their rated capacities, qualified ina+ates shall be transferred for housing to the Crystal. Creek facility and/or the Shasta County Jail. ' 2. Actively and aggressively use the Citation Release Program for infractions and misdemeanor arrestees and solicit the cooperation of al 1. law enforcement agencies.. 3. Affirmatively utilize the performance of. labor on public: works- in lieu of" confinement (Penal Code Section 4024,2) as authorized by the Butts. County Board of Supervisors on I' November 27,~ 1384.. 4. Affirmatively solicit authority from the justice, municipal, and. superior court. judges of Butte County for acceler-~ ated release of inmates pursuant to-Penal Code Section 4024.1. 5. Actively and aggressively operate, and participate in, the PreTrial Release Program (Exhibit 8). The program ~aanager provided for by this Decree, under direction of the Sheriff, shall establish and operate a supervised "O.R." release program; and the supervision of gersons so released shall be under the coordinator as set forth in Section VIII (G). The Sheriff shah. provide suitably located work area and confidential. interview space, and the Sheriff and County shall provide suitable desk: chair, telephone, supplies. Private locked file space, travel. funds, and training program funds. 6, Actively and aggressively encourage the work/school furlough program (Exh=bit 7 attached} and the parole program. 7. Affirmatively meet and confer with the justice, ~ ~ • :.:~~ 1 municipal,,.and superior court fudges of Autte County to `encourage 2 the development and use of pre-conviction and post-conviction 3 alternatives to incarceration. 4 C . INTENT ~~ - ~ The intent of these provisions is that the implementa-- B tion of active programs- above enumerated will obviate the ~ necessity cf having to house inmates in any Shasta- County) 8 facility in. order to avoid overcrowding in the Butte County Jail. 9 VII, • JAIL ~`ACILITY 10 A. The. physical. layout of the- Butte- County Jail showing 11 numerical designations- is set forth ort Exhibit 1~ attached. 12 B.- The• Butte County Jail. was constructed in 1.962 Zbeing 13 subject to~ the exclusionary provisions of California Administra- 14 tive Code= Section 1x15) and it has- been inspected regularly by 15 the State-Board of Corrections. 16• C.~ The- present rated capacity of the Butte County Jail is 17 173 beds as follows: . 18 CURRENT HQUS~NG UNIT TYPE CELL NUMBER OF BEDS 19 B Section -Single 3 ~ C-1 thru 5 -Single 6 21 A_3 -Multiple ~ A-5 -Single 1 23 G-~ - *~ultiple 8 24 G-7 -Multiple 6 ~ G-3 thru 6 -Single ~ ' ~ J-2 - ~'~e~l+~ipie 12 27 ~ J-~ - !~uI.~iwie I2 29 ~ I-3 - 5irtgle 1 ~ ~ 1 D4 shall be removed, and a safety. screen shall be placed over the 2~ outside of the window in the door to. D4. 3 VIII. STAFFING - 4 A. It is acknowledged that there. are the following posts S. now established for the Butte-.County Jail:- 6 #~. Senior Jailer 7 #2 Main Control 8 #3 Intake and Release 9 ~4~ Dormitory Control iD ~5 Housing- [lnit Rover 11' ik5 Transportat~.on Officer 12 #7 Search and Escort i3' g.. For the purpose of settling this litigation, it is 14 acknowledged- that the posts. in the Butte County Jail shall be: 15 ~1 Senior Jailer 18 #Z Main Control 17 #3 Intake and Release 18 ~4 Dormitory Control 19 ~k5 Housing Unit Rover 20 ~6 Housing Unit Rover 21 ~7 Female Housing 22 ~g• Transportation Officer ~ C. At the present time there are authorized five (5) Senior 2A Correctional Officers and twenty-four (24) Correctional Officers 25 making a to tal of twenty-nine (29) Correctional Officers. These 26 shall be add ed eight (S) Correctional Officers thereby making a 27 total of th irty-seven (37) Correctional Officers to be a~.located 28 ~~ i. ~ _ ; ~,~ i as follows : thirty-four ( 3~! ) Correctional Officers for Posts ~i 2 - 7, inclusive, and three (3j Correctional Officers for Post #8. 3 D. The Sheriff shall prepare and. adopt within ninety (90) 4 days from the effective date of this Consent Decree revised post' 5 orders, fully describing. the posts identified herein and setting 8 out the tasks to be performed by each post. These orders shall 7 be submitted to the Coordinator, who will transmit them to the 8 Court and counsel with his recommendations. A noticed hearing 9 shall be head for the purpose of ruling- on the submitted post is orders. The Court shall approve revised post orders, which shall i1 be. deemed to be a part of this- Decree. i2 E. In order to insure round-the-clock staffing of all posts 73 except Post ~k8~, the Correctional Officers shall be used only for i~~ the duties to be performed by Correctional Officers and the i8 Correctional Officers assigned to Post ~8 shall be used only for i6 the duties tv be performed by the Transportation Officers, unless iT na transportation duties. or responsibilities are scheduled. i8 F. In order to insure that there is a full complement of 19 Correctional Officers at all times, the Sheriff is authorized to 20 fill on a temporary basis any vacancies yr absences Sue to 2i personnel on Labor Code 4850 status or otherwise extended ~ illnesses. 23 G. At the present time the Sheriff as the Work/School 24 Furlough Administrator has designated a deputy Probation Officer 25 as the coordinator of the program. In order to assist in the 26 further aggressive development of this grogram one (l) more 27 Probation Officer and one (ll more clerk i.s added to the staff of 28 the Hutte County ?robation 13epartment. Such additional Probation 1 2 3 4 5 8 7 8 9 1~ 11 12 13 14- 15 16 17 18 19 21 ?2 23 24 2~ 26 27 28 ~`~'~ ~" ~~ Officer likewise shall_be designated as a coordinator of the Work/5chool.Furlough Program. Furthermore, the Butte County Board of Parole Commissioners shall be requested by the Sheriff to designate both coordinators as .parole officers t.o assist in the supervision of parolees as_well as assisting in screening inmates who may be eligible to apply for parole. Each coordin- ator shall also be available to assist in. supervising (i) inmates on the Work/School Furlough Program, (2} arrestees released under the PreTrial Release Program, and (3} post-conviction inmates subject to programs alternative to incarceration. H:. .The PreTrial Release Program (more commonly referred to as the "~O.R'.'~~ Program) is presently administered under the Sheriff. At the present time, a Correctional Officer is desig- nated as the Program Manager. $ereaL Ce r, ~i1ts ~~ ~yl ¢~ i'SGi~.Ryv v shall be a civilian who is neither a Correctional Officer nor a deputy sheriff. One. (1) additional person shall be added to the staff of the Butte County Sheriff Department to be the PreTrial Release Program Manager. Appropriate job description and title shall be prepared by the County's Personnel Director. 1. There shall be no redaction in the level of staffing provided for, and authorized, by this Paragraph VIII staffing, ,7. The County shall take immediate steps to implement the Foregoing provisions by amending the appropriate Ordinances or Resolutions, as the case may be. and the County and Sheriff shall cause the immediate recruitment of such additional personnel in accordance with the Personnel Rules and Regulations of this County. ~;~' 1 IX. COORDINATOR 2 A. The Court shall .appoint a person to monitor, .coordinate 3 and audit the implementation of and compliance with this Consent 4 Decree. by the defendants, The person so appointed shall be ~ designated and known as the Coordinator. S 8. The parties select as the first Coordinator Justice~l ~ Bertram Janes {Retired}. Justice Janes, or his successor, if 8 any, shall serve for a total of three {3) years. the terne of this s Consent. Decree.. If ~ for- any reason, Justice Janes does not serve 1Q for the full term of this Consent Decree, the parties-will select 11 his- successor- within 45 days after cessation of the first 12 Coordinator's servicef In the- event the parties do not agree 13 upon the successor, then the Court shall make-the designation. 14 C. The Court's approval of~ this Consent Decree shall 15 constitute the order of reference tv the Coordinator. 1B D.. DUTIES 17 1. The Coordinator shall monitor, coordinate and audit 18 the implementation of and compliance with this Consent Decree by 19 the defendants. ~ 2. They Coordinator shall make periodic determinations 21 whether the provisions of Paragraphs Iv through vIIT of this ~ Consent Decree have .been, and are being implemented and complied ~ ~riLh by the respective parties in a manner consistent with Title 24 ~ +;,. California Ad~einistrative Code. 25 I 3. The Coordinator shall conduct inspections, hold 26 ~ N _ - onfer" sessions and make reports and recommendations Knee r and c 27 to the Court as set forth in further detail herein. ;~ 28 1, . !~ t 2 3 4 5 s 7 a 9 ~Q 7f 12 i3 14 15 t6 '! 7 is 19 2~ 2~ 22 23 24 25 26 2? 28 4. The Coordinator shall not have authority to add to, subtract from or-amend any provisions of this Consent Decree. E. INSPECTIONS 1.. Initially the Coordinator shall (a} review this Consent Decree and the various Departmental Orders referred to therein, (b} complete: a tour of the Butte County Jail to famil- iarize himself with the existing facilities and conditions, (c}I~ review the actual operatianai practices in effect under the Sheriff's Departmental Orders, and (d} meet with all counsel. Thereafter, the Coordinator shall make such inspections and reviews whenever he~deems it necessary to discharge his duties herein but not less than quarterly. 2'.. The Coordinator shall have access to all facilities at the Butte County Jail and to all memoranda, logs, reports, records, studiesr and. documents pertaining to the subject matters of this Decree and/or to the Butte County Jail in possession of the defendants other than confidential attorney-client communica- tions, staff personnel files, and inanate medical records, unless the Coordinator obtains a court.order or authorization. The Coordinator shall be permitted to exercise this right without prior notice, but shall exercise this right to access in a reasonable manner. 3. The defendants, and each of them, shall comply with ar~y reasonable requests by the Coordinator for specific types of data, information. or summaries of records not now in existence. If any 3efendant feels that a request for informaticn is un- ~~ reasc~*~,bZQ, such party may call a meet-and-confzr session with r_~.e ~.oordinator and all counsel. If the matter cannot be -`--~ 1 satisfactory resolved at this stage, the defendants shall either ,2. provide the information or shall, within ten (10? days,-duly 3 not-ice a.motionforacourt relief.. All parties shall have an 4 opportunity -to be heard and the. Coordinator shall file his 5 recommendation with-the Court. $ ~ F. REPORTS T 1. within ninety {9Q) days following the effective S date of this Consent Decree, the Coordinator shall prepare and 9 submit to the Court, with copies to all counsel, a written report. 10 specifically describing the actions undertaken by the defendants,. 11' up to anal including the date of the report., to comply with and 12 to implement the provisions of this Consent Decree. Thereafterr 13' each quarter, or more= often- if he deems it necessary, or advis- 14 able to do so, the Coordinator shall prepare and submit to the 15 Court and all counsel written reports specifically describing the 16 status of the defendants' compliance with this Consent Decree, 17 and recommending appropriate action to be taken by the Court 18 concerning any problems or deficiencies which he believes to 19 exist. ~~ 2, a. The Coordinator may call a meeting with counsel 21 at any reasonable time, to secure information and/or discuss the ~ status of defendants' compliance w~,th the provisions of this ~ Consent Decree. 24 b. Prior to submitting any report to the Court, 25 there shall be a "meet--and--confer" meeting called at the request 26 of either the Coordinator yr any counsel of record to discuss the 27 same for the purpose of resolving any problems or deficiencies in .28 order to avoid further court action. '~ ~- 1 G. The Coordinator shall be compensated by defendant COUNTY 2 OF BUTTE at-the rate of $75.00 per hour plus reasonable travel 3 expenses. . 4 X. ENFORCEMENT 5 A. The following procedures shall be used for enforcement 6 of the Consent Decree during the term of-the Decree. T 1. Enforcement of this Decree may be sought by any. 8 party or by the Coordinator.. If sought by the Coordinator, it 9 shall be by written recommendation to the Court. If sought. by 10 the parties, it.shall be by duly noticed motion or orde r to show t1 cause. In either event, enforcement issues, will be heard and. 12~ decided by~the Superior Court, County of Butte.. 13 2. Any- party may calf: a meet-and-confer session by 14 preparing and .delivering to the Coordinator, with copies to all. ~5 counsel,. a written statement o£ the relief to be requested, the 16 factual basis. for the request and a reasonable date, time and 1? place for the meet-and-confer session.- If delivery is other than 18 by-hand to the Coordinator and counsel, the requesting party 19 shall give telephone notice of the date, time, place and general 20 subject matter of the requested session vn the same day the ~1 request is delivered. The scheduled date shall be no Less than ~ eight (8} nor more than ten (10; court days from the date the ~ written statement is delivered. 24 3. The session may be advanced~or continued by the ~' Coordinator., at the request of a party or otherwise. However, if 26 a continuance results in failure to hold a meet--and-confez ~~ session within ten (10} court days of the delivery of the 28 ~ ~. 1 2 3 4 5 7 .8 9 iQ 1t 12 13 14 15 16 17 1$ 19 2fl 21 22 23 24 Z5 26 27 28 . ~ '~ original request, the requesting party may proceed to seek court relief... _ 4.~ The Coordinator shall conduct the requested meet- and-confer session, and attempt. to resolve the problem infvrm- ally. However, if there is not a.satisfactory resolution, a party may duly notice a motion.or order to show cause with the' Court. Al ]. parties sha13 then advise the Court of their posi- tions, and the Coordinator shall file his. recommendations with the Court.. 5 « No party. shall. seek court enforcement of the Consent Decree unless and until; a. He has first called for and participated in a. meet-and--confer session with all counsel and the Coordinator; or b.. A meet-and-confer session has been called. for, but not held within ten (10} court days of a written request; or c. The violation as to which 'enforcement is sought. has previously been reported to the Court by the Coordin- ator. A. SCOPE OE ENFORCEMENT I. This Decree empowers the Court. to compel any act required by this Decree, enjoin any act proscribed by this Decree, to interpret this Decree, and to modify the Decree as set '~ forth herein. 2. This Decree does not empower the Court to compel the Sheriff of the Gounty of Butte to adopt any policies except as specifically set forth herein. 3. This Decree does not empower the Court to compel the County of Sutte or the Board of Supervisors of the County of 2 3 4 5 6 7 8 9 1~ 13 12 f3 ~4 '! 5 16 17 ~8 '! 9 2fl 21 22 23 24 Za zs 27 Z8 J .../ Butte to appropriate-any money or-enact any ordinance or resolu- tion except. as specifically set forth herein. 4. This Decree does not empower the Court to compel new fail construction except as set forth in Section Vi. A. ].. herein. XL. COMPLIANCE' A. The parties hereto anticipate reductions in the inmate) population of the Butte County Jail with the construction of the new minimum security jail facility and in contemplation of active, affirmative, and aggressive Citation Release, PreTrial Release, -and- work/School. Furlough Programs and in the utiliza-- tion of post-conviction alternatives to incarceration. The parties acknowledge that.~ull compliance with. the provisions of this Consent Decree cannot. be achieved at once. xt will take time to implement the additional staffing and the various actions designed to-avoid overcrowding as set forth in preceding Para-~ graph VL. hereof. Consequently, the schedule attached hereto as Exhibit ll is established for compliance with these provisions. B . The provisions of this Consent Decree ..shall not be construed to abrogate the powers of the Sheriff or Jail Commander to temporarily suspend any standard or requirement herein~l prescribed in the event of any emergency which threatens the' safety (1) of the Butte County Jail, or any of its additional facilities, {2) of any of its inmates or staff, ar (3} the public as provided in Section 1012, Title l5, California Administrative Code. The Sheriff or the Jail Commander shall give prompt written notice to the Coordinator and all counsel of record ~~ _ herein of. any such emergency suspension of standards or require-~ 2 menu or of .the- requirements of this Consent Decree specifically ~ stating the standards- or requirements suspended and the facts and 4 circumstanass which are asserted as justification for such 5 suspension.. Examples~of emergency situations include major ~ damage to the jail facilities ca-used by fire, earthquake, or 7 other disaster; Labor strike or work stoppage involving the jail. $ staff; inmate riot or insurrection; major civil disorder. If any 5 party believes.. that such suspension is unjustified, then such 10 party may. petition the Court-for appropriate relief upon due and .11 proper notice thereof to aI1 parties.. 12 C ~ The defendants shall do each and .every act, execute all 13 necessary directives- and orders to subordinates, expend or 14 au.thor~ize the expenditure of ail necessary funds, and take 15 whatever other actions are necessary to fully implement each and .1~ every provision of this Consent Decree as set. forth herein so as 17 to insure complete and full compliance therewith. 18 XII.. MODIFICATION 19 A.- This Consent Decree may be modified or amended only by 2U the Superior Court and on duly noticed motion or by written 21 stipulation of counsel. ~ ~3. This Consent Decree shall be modified or amended only 23 upon an affirmative showing that modification is necessary and 24 appropriate because of: 25 1. Provisions of WY:e Decree which have proved waste- 26 ful, unworkable or inherently adverse to carrying ou t the intent 27 and purpose of this Cons~:n* Cecree, or ~ 2. A chance in material fact Cr law so that the ends 1. 2 3 4 5~ s 7 8 9 1(#. 17 12 13 14 15 1E 17 18 19 20 21 22 23 24 25 2B 27 28 of justice will be served by modification consistent. with the intent and purpose of this .Consent Decree. C. During the term of this Consent Decree, and absent a written stipulation by .the. parties, no named party shall move for modification or amendment of the Consent Decree without first calling and participating in a meet-and-confer session-with all counsel and the Coordinator. 1, .Such party shall call such a meet-and-confer session by delivering to the Coordinator, with copies to all counse i of record, a detailed written statement of the relief to be requested and. the factual. basis for the request.. upon receiving such a. statement, the Coordinator shall schedule a meet-and-confer session, conduct. whatever investigation may be deemed necessary, and. attempt. to resolve- the problem informally. 2.. If the matter cannot be satisfactorily resolved at this stage, the requesting party may duly notice a motion with the Court, all parties shall have an opportunity to be heard. D. Notwithstanding the foregoing provisions of this Section X;;, provisions of this Consent Decree pertaining to PreTrial Release Programs are not final but are interlocutory. During the term of this Consent T3ecree, any party may ask the Butte County Superior Court to re-examine the operation of the PreTria~. Release Programs. Such a request shall be preceded by a meet- and-confer session. and the Coordinator shall neake his reco~unenda- tions to the Court. If the Court finas that the PreTrial Release programs are not promptly and effectively releasing arrestees likely to appear for court hearings, t~=e Court may ... ,~ 1 revise, modify," or amend- said programs and provisions during the ' 2 term of this.Consent Decree. 3 E. If.plaintif.fs' counsel successfully seek modification of 4 the Consent Decree, they shall be entitled to a reasonable . ~ attorney fee award.- If defendants seek modification and the ~ matter-is satisfactorily resolved at the meet-and-confer stage, . ~ plaintiffs' counsel shall be entitled to a reasonable attorney 8 fee award in the- absence of exceptional. circumstances. If 9 defendants seek modif~.cation and the matter is not' satisfactorily 14 resolved. at the. me~t_and-confer stage, the Court shall decide the 11 issue of attorney fees.. 12 XILI.. CLASS 'ACTION CERTIFICATION- 13 A.. Promptly after the execution- of thin Consent Decree by 14 counsel,. defendant COUNTY OF ~3UTTE shall cause- its Motion for 15~ Class Action Certification., previously filed herein, to be placed 16 on the Law and Motion calendar of the Superior Court, County of 17 Autte,. with notice given to the parties as required by Iaw. Tf 18 convenient to the Court, the matter shall be set for hearing on 19 February 22, 3985 at 3x44 p.m..: if this date is not convenient to 24 the Court, the matter shall be set on the next availabxe Law and 21 Motion calendar. ~ B. Plaintiffs' counsel and the Sheriff shall. file written 23 pleadings joining in the Motion for Class Certification, and 24 counsel for plaintiffs shall state in writing their consent to be 25 appointed as class counsel. 26 C. At the time of the hearing, the parties shall present to 27 the Court this Consent Decree and the Class Action Certification 28 Motion fvr consideration by the Court. -~ ~~ ~ D. Prior to the hearing, defendant COUNTY OF BUTTE'shall 2 prepare, file and serve on all parties a proposed form of not-ice S to members of the class. The form of notice to be used shall be 4 approved by the Court~at the hearing on this Consent Decree and . ~ on Class Certification... 6 E'. Notice of this Consent Decree and Class Certification, 7 in the form approved by the Court, shall be published in the 8 Chico Enter rise Record and Oroville Mercu on three- consecutive `~ days within two weeks of entry of this Court's Order approving ~~ the Consent Decree and granting defendant COUNTY 0~' BUTTE'S ~1 Moti.an for Class Action Certification. Notice will also be 12 posted. in the jail for a period of four weeks, during which time 13 members of~ the class will have the opportunity to object. to it 14~ and/or opt out of the class.. The manner of objection or opting ~~ out will be as specified in the notice. 18 XIV. DAMAGE CLAIMS, ATTORNEY FEES AND COSTS ~~ plaintiffs/Petitioners contend that they are entitled to 18 damages, attorney's fees and costs. Defendants dispute this i9 contention. This dispute has been resolved in a separate 2fl document, contemporaneously executed by the parties. 2rt Plaintiffs' counsel shall be reimbursed at the rate of ~ $50.OQ per hour for time reasonably spent in the activities ~~ described in Section IX hereof, as well as in reviewing written 24 materials generated as described in Section IX. 25 If plaintiffs' counsel participate in the activities 2fi referred to in Section X hereof, and if plaintiffs are the ~7 prevailing parties, plaintiffs' counsel may petition the Court 28 for attorney's fees, 2 3 4 5 fi 7 9 10 11 12' 13 14 15 1B 17 18 19 20 ~~ 21 22 23 24 25 28 27 28 ~~ We the undersigned. on beha3.f.of our respective clients and in settlement of this action, .agree to the entry of this Consent Decree.. The-effective date of this Consent. Decree shall be the date it is approved and filed by the Court. For Petitioners/Plaint%ffs ~. FLOYD E, JONES, RUHEN DOMINGUEZ and WILLIAM PRICE DATED: PAUL T. PERSONS CAMERON. PERSONS & MILLER Hy: DANE A.. CAMERON For~Respondent/Defendant. ~' HAL:BROORS, Indi.viduaily and as Sheriff of the County of Butte DATED: ROBERT L. HEWiTT Far Respondents/Defendants AL SARACENI, JANE DOLAN. SILDA WHEELER, BERTHA MOSELEY, LBN EULTON, as The Board of Supervisors of the County of Butte, and THE COUNTY OF BUTTE DATED: POPELKA- ALLARD- MCCOWAN, JONES & HOWARD Bye BRUCE vYE f 2 3 4 5 6 T 8 9 10 11 #2 ~3 14~ ', .5. 16 17 i ~8 19 2~ 21 22 23 24 25 26 27 28 :,rl ll~A . r` ORDER ~~ This matter having come on regularly to be heard on February- , 1985, the Court having .found-the Consent Decree. to be appropriate, and good cause appearing therefore:, . iT IS HEREBY ORDERED that the- within Consent Decree is approved and so ordered; IT IS FURTHER ORDERED .that the Motion for Class Certifica- tion be, and it hereby is granted.. The class shall consist of all able-bodied males who have been, are or shall be incarceratedi in the Butte County Jail. Counsel for plaintiffs/petitioners are appointed. Class Counsel. Defendant COUNTY OF BUTTE shall give. notice in the. form attached hereto as Exhibit l2 and in the manner specif ied by this Consent Decree. GATED: f3ONORABLE LOYD H. MULKEY, JR. JUDGE OF THE SUPERIOR COURT .. EXHIBIT #1 ~; ~~ - __ BUTTE COUNTY SSERIFF'S DEPARTMENT .Departmental. Orders NO DATE S~cT 5000 Oct 24, 1980 Jail Organization -Chain of _Command 5001 Nov 3, 1980 5014 Mar- 24. 1981. 5015 Nov 4, 1980 5040 Aug 10, 1981 5041 July 27, . 1983 5042: Dec 15, 1980 5.043 ~ Mar. 23 , 1981 5044 Mar 24, 1981 5045 Oct 21, 1981. 5046 Dec lfi , 1983: 5055 Sept 16, 1982 5060 Oct 23 , 1981 5066 Apr 15, 1982 SOBS Feb 17, 1982 510D Aug 10, 1981 5101 tRev) Sept 7, '82 Duty Posts and Special Orders For The.Hutte County Jail Classifi.catioa Plan For Inmates Inmate Grievance Procedures Intake Procedures For Inmates Prisoner Photograph Procedures Rights of Arrested, Detained. Or Imprisoned Foreign Nationals; Death of Foreign Nationals Inmate Release.procedures Inmate Personal Proerty Control. Place NUMBER OF ATTACHMENTS 2 Booking Procedures Far Inmates Inmate Wrist Identification Hands. Procedure For Acceptance, Administering and Storing of Legally Obtained Drugs CotmN.ssary Procedures tTisiting Regulations in Tine Jail; Attorneys Layr Library: Operation Of plan For Operatioc of The Jail Control Center and T~1/4~eapon Control Key plan For The 3utte County Jail Facility 5102 Dec 5, 2980 C:~ance Jan 26 , 19 81 plan Far T_nntate Discipline 10 9 3 fi 5 3 12_ 8 7 ..g_ 7 5 -9- 5 4 s 5 ~~ !~rXtilril"!: ~F L . , ~, ^~: f BU'I"PE COUNTY SHERIFF'S DEPARTMENT Departmental Order No. 5 GENERAL INFORMATION ORIENTATION AND ISSUANCE OF NANDHOOK Or~.entation to the Jail. and its rules, regulations and operating procedures is aecessarg so that. the inmate, (a person housed in the Butte~County Jail}, will be able to adapt rapidly to the surroundings. Each inmate shall be given a copy of the Jail Inforatati.cn.. Booblet. The information booklet will be distributed • by the Correctional. Officer responsible for supervising the inmate's housing unit.- Each. inmate will receive and' sign for a copy of the Jail-Information Booklet at the time the: inmate is housed i.a the Butte Countg Jail.. It. must be~returaed when-the inmate is released. If`the inmate is unable to read English, the Jail staff shall give the inmate this information either orally or in writing in a language the inmate can understand- I. LOCATI~T The Butte County Jail is a type II facility which means it holds. men and women awaiting trial aad those who are sentenced to the County Jail. All facilities, services. and Programs shall be avail- able on an equitable basis to boot male and females• The Jail bLilding is at 33 County Center Drive, arn4ille. CA 35965• Tele- phone: (916} 534-4471 (However, the Jail wi+l not accept incor~z.ng calls for inmates}. ~ r ~ ~ ' ~ ~ 2. .POWER FAILURE If a power failure occurs, remain where you are. This Jail has a backup emergency generator so that a power failure lasts only a few minutes at most, A Correctional officer.-will instruct you to move to another area. if necessary. 3. EMERGENCY PRpCEDURES Do not panic. Panic. increases the c~xance of. injury.- Do not run. The. Correctional officers oa duty w111 advise you what to do, which area to report ta, and what to do on your arrival there. Safety requires you. to follow the Correctional, Officers' orders. Do nat. waste time or increase anY-risk by stopping to ask. questions. If there is smoke or a. fire, get. to the floor at. once and move whey told.. If an emergencq. occurs and. a Correctional. Officer is not present, you should notify-a. Correctional officer as quickly as pos- sible~of the emergency- This Jail has aa.emergency evacuation plan shown. by arrows painted on the floor or walls.. Follow the arro~rs painted on the floor or walls when told to do so. 4. ELASSIFI CATION AND SEGREG~ N There ar® three security classifications for inmates ~~ medium, and minimuz~. Each inmate is ,assigned to housing units and activities according to the categories of sex, age, criminal sophisti- cation, seriousness of cr#,me charged (felon v. misdemeanant3, as- saultive/non assaultive and other criteria as will prcvide for the safety of the inmates and staff. An inmate who has been sentenced tamQr~ t:~an szxty (60) days may request a review of hia calssification _~_ • ` • plan no more often than 30 days from the last review. An inmate shall have the right to appeal from a reclassification denial within S days~(excludinq.weekends and holidays} after receiving written notice of the denial. The appeal. shall be presented on an Inmate Grievance Form. An inmate may be placed in administrative segregation if neces- sary to protect the welfare of inmates and staff. Some examples of inmates whose needs may' be different from the general pvpula'ti-on inmates are those with certain conditions. such as cardiac, diabetic, .drug, epileptic,. c~mnunicable diseases, mental disorders,, carriers of body lice, inmates- who. need or request "Protective Custody" when supported: by proper justification.. and inmates who are prone to escapee or. prone to assault- staff or other inmates. Adminis- trative segregation consists of separate and secure housing, but it shall not involve any other deprivation of privileges than is necessary tv obtain the objective of protecting the inmates and staff. An inmate has aright to seek relief from adminis'~rat3-ve segregation ~by s~m#,tting~ a request on the Snmate Grievance Form. 5. PROPERTY ' When you were admitted to the Jail ("booked"}, your clothing. personal property• and money were taken fra~m you for safekeeping. Keep the receipt that was given to you at that time. On your re- lease your property and money will be returned to you. If you have any questions about rnissiag proPertY °_ money, Your raceipt will be necessary to file a claim for anY missing itams• -3- fi. M~ ~~ There-are .rules -about the amount of cash. that you may .have in your - possession while in Jail. Inmates shall have no more. than two dollars in~ dimes in their possession at any time, with.. the exception of those assigned to programs outside the Jail who may have money for. deposit to their account. wh~.ch shall be. given to the Correctional officer on duty immediately upon gout return to the Jail. Trustees assigned to Building and Grounds maintenance or other outside work details shall. have. nn more than four dollars in dimes or quarters in their possession-at nay time- Ali excess money will be confis- cated and placed. is the: Inmate. welfare Futxd. You will be given a receipt for the confiscated money, 'but you lase it.. ?., INMATE' TRUST ACCpUNT~ How do you. obtain dimes for telephone calls or~to purchase. items-while is Jail? If you. had money-whey you were booked, it was placed in an~ Inmate-Trust Account for you and you were given.a receipt. The amount of money held for yratia your trust account is shown on your money card, which is kept by the Jail- Money pn be added to your trust accounts. You. can have money sent to you through the mail only ~:~y cashier's check or.moaey order. Personal checks will not be ac- cepted by the Jail.- Cash. should not be sent through the mail, but can be delivered by your relatives or friends is person. ~s you purchase commissary items or dimes fcr telephone calls, the Jail. will. deduct the amounts from your none°~card. If you do ~~~ ....~ ~ ~~ not have enough money in your trust accovat you cannot buy more items without. additional money. If: you do not have money in your trust account,. you, may draw certain items from the Commissary. These items include paper and stamped envelopes, tobacco and matches, toothbrush ana,toothpaste or dentifrice materials, a comb, soap. shaving materials, and, for females, sanitary napkins. You can obtain these items by filling out a Commissary Request Slip as discussed neat.. s~. cor~ssARY. Stationery,. toilet articles, snack foods, and other it~aas listed on the Cooa~missary List. pasted in your housing unit may be. purchased fro~a the Commissary. The Commissary is open two times each week. Thee hours you visit the Commissary will vary, depending on your housing. assignment-- They day before going tv the Commissary, ask a Correctional.4fficer for a Commissary Request List and list the items you want. to purchase. The.Regnest Lists will be collected that night.- The items you Purchase will be given to you at the Commissary window and the purchase price deducted from your' trust account. You mag also draw dimes for use on the telephone. You must sign a receipt for the items you get. Profits from sales at the Comcnissar'y are deposited to the Inmate Welfare Fund for use by inmates who are without funds. 9. ~G~S- COIINSEra~ ~y. Criminal: Every inmate has the right to an attorney in crimi.^-al matters- If you cannot afford an attoraey~ the Court, _~_ ,~ ~ ~ _. 1 on request, will. appoint one to represent you. B.~.Civil:- If you need help in noa-criminal legal matters, you.nd.ght get help from oae of. the Legal services-listed in the Library (Civil. Legal. Assistance sheety . If-you want to speak. to an attorney, you should ask a. Correctional Officer to use. the: telephone. unless a telephone is provided for your use., dimes-will be provided. if you have no money is your Trust Account.t There are several ways that you may be released before you go to trial.. They are: 1.. Citation Release.- It is-the policy to release all arrestees charged: with infractions or misdemeanors by issuing a. written. notice to appear. The~arrestee must meet. the established criteria for sudr release and. sign as agreement to appear in court at. the• time and place indicated on they release agreement. 2.. Rele e n Rec izance Or "O.R.." This county has- as affirmative and. aggressive. policy to secure-the release from custody of ~Ir inm~ate- arrested for either a misdemeanor or felony . You will. be interviewed and a report' made to the c:~urt concerning whether you. qualify for such an O.R. release. If the court authorizes such a release,~~then you will be required to sign a written agreement to appear in court on a certain date and time. You will not be permitted to leave California without first obtaining the court's permission and you will have to waive extradition if you fail to appear and are apprehended outside of California. A wilfull -~6 . : ~ ~ ~~, •, :~ failure to appear will consti.tute.an additional charge of a ..misdemeanor if the original charge against you was.a misdemeanor- or an additional charge of felony if the original charge against you was a felony, 3.. Bail. "Bail is defined as cash or property that you give to the Court or a bail bondsman as security for your appearance at a court hearing.- If you are in Jail, awaiting trial, you may be eligible for release by a cash bond; bail bond, or property bond. In: most circumstances , the Jail will be able. to tell you the- amount of bail that his been set. If you have already appeared in court, the Judge will have set a bail if yvu are eligible far bail. a. CASH BAIL. A "cash bail" will be~accepted in.II.S. currency, money order,. cashier. s check, or personal check in tine exact amount of~ bail., made payable tv the court in whi~cl~ you are tv~ appear. Two forms of identification are required for personal checks. A':.bail of less than S15a mu~t_be for the full anwuat. Bail over $15fl requires 10$ of the bail be posted. ~. anr~• Si~L\L Call a bail bondsman and discuss getting a bail bond front that person. Normally 14$ of tine bail amount, is required. This agreement is be~reen the i.-uaate and the bail bondsman to negotiate. -9- -.~ c. PROPERTY :BOND A °property bond" Under this.. type, of presence in court. this type of bond. . ..~ ' °~} nay be used, instead of money. bond,- property is used to secure your You should. consult an attorney about d. BAIL REDUCTION BY TSE COURT You will be taken. in front of a Judge within two days of.your-arrest, excluding weekends-and holidays, for an initial arraignment and yvu. can. ask the- Court. about bail. at that time- If-you cannot put up enough. security to post bail, you can qo tv court and ask. the Judge to reduce your bail amouatr 4.- Dismissal of the cha es •a ainst ou. 5. Release by the cour-t. 6. P_~vle.. If you. are serving a sentence of sixty . L60) days or more. and have served at ].east one-~.alf (1/2~ of your sentence, you may 3~e eligible for early release on parole. The rules and regu- lations of tine Soard of Parole Commissioners are i.u the law library. Application forms are available froia a Correctional officer. Y.ou will be released from custody as quickly as the release papers are processed. -~- ~~ 10. .HOLDS . During the booking tadmittaacef procedure you were given a. copy of your booking sheet, which shoF,~rs if a warrant by another agency or a hold by a parole or probation officer'3.s listed. You may have been booked for. that $ald and -you may be. held fvr that agency.. If, while you are in fail, another. agency requests we place a hold oa you, or we. receive a warrant, you will be ~prcnuptly notified'inwriting'. 11. REL•Fn~ AFTF~ ~RIP~L If: you have been.tried and acquitted, and if you have no other hcalds, you shall be. released from. custody as. quickly as tse release gapers are processed:. If-:you have served your sentence and have no other holds,. you shall' be~: released. on the last day you may be con-- fined« If you: are. released before S ~3~ AM, you may, at your request,. remain is the. public area of: the Jail. until 5:3a A~'~, or later if permission. is. expressly granted.. 12. TEt~lPaR,'p~RY ~~ IInder some circumstances, the Sheriff may Permit the temporary release or parole of an inmater not to exceed three [3~ days. for family emergencies or Preparatory to return to 'the community. 13 , INCQMING ~3AIL your mailing address is. 33 County Center Drive, Orovi-11e. C~ 95g6~. There is no: restriction on the number of ~,etrers you stay receive. All incomi3g mail will be opened and checked for contraband- D.s.s- tribution.©~ mail in anon-English Iaagi:age•• Wray be reasonab~.y delayed -~- for security purposes. Incoming."legal mail" will be. opened in your presence. You are allowed to receive and-keep a reasonable number of photographs. You may receive newspapers, magazines, periodicals, and books., but. they must be mailed directly by the publisher or a known retailer, o= delivered directly. to the facility staff for distribution, The safety and. security of any reading material is your responsibility. We will. not cancel-any subscription after You •leave, but will either destroy such.material or Place it in the library for the use 'of all inmates.. Obscene or inflammatory Pte" lications will not be allowed. In the event suc33.material is with- held, you gill be notified in wsitinq. except as' stated above... 14.. O~TTGDL•~G MPxIL No aackages x.11 be accepted. There is~no restriction on the number of letters you may send. If you. have mail to go out, place ~it in the outgoing box is the Dining Sallf If you da not eat in the Dining ffall, give outgoing mail only to a Correctional Officer. We are not responsible if you give mail to anyone else_ nLegal mail" is mail to your attorney, the court, a balder of ptihlic office, or the~State Soard of Corrections. "Legal mail" shall be. marked as "Legal Mail" oa the outside and Placed, sealed, i.a the box. All other mail shall net be sealed when placed is the box and is subject to search and reasonable delay for security Purposes. If-you don't Izave any money, we will g+ve you writing paper and two stamped envelopes per Week• These materials will be availa:~le at Commissary. You can• get unlimited stationery and postage for letters to your attorney or the court. -10- ~'~ 15. VISITING You may have two C2~ 3©--minute visiting periods per, week. Please advise your friends and.-relatives that,the:present visiting days and hours are:: Saturdays and Sundays $,3Q to 10:30 for women inmates, and 1Z:30 to 3:~4 PM for male ixu~ates. Visiting at other times. may be authorized. only by the Senor Correctional Officer under unusual or special circumstances on a case-by-case basis. visitors. must register. Adults must possess positive identification with a ghoto.(.driver`s livense or I.D,.cardl. Minors must be ac" com~panied.by a parent or guardian. There are~no contact visits at this facility as it. is neither designed nor constructed to permit tbem. Inmates will not take anything except cigarettes and matches to: visiting- areas,. [except religious: materials when visiting with religious ministers., or legal documents or. books. whew visiting with attorneys. or investigators .. During visits: inmates will ~~~.~-~ a.a the. designated area unless specifically instructed otherws.se b~ as Officer. Inmates will aot~. rece3.ve a=zyth~:ng from visitors. Inmates will leave the visiting area immediately when directed by an Officer to do so. Inmates will~not bring anything additional back into the Jail from visiting- areas w~-thout pe~.ssion of a Correctional Offices. Inmates will submit to a search~at nay time at the direction of an Officer. 1~. YiSITIN~ SY 'A'1`TORN~YS AND MIrTIST~"RS ;mates will be allowed confidential. v~.sits with attorneys, in- vestigators, or ministers at all reasonable hours in designated yi,sitirag ~otns. If your attorney or minister has any questions -? .1- I: ~1 about-visiting, please have him or her telephone the. Jail for infar- oration (91fi) 534-4471. 17 . MEALS Meals are provided oa a regular schedule. You may be assigned to eat. in your. hauling area. or the. Diaxng~ Hall.. You. do. not have- to eat:any meal if~you do not want to, but you may eat only at. the scheduled time. If. you are out of the- facility during meal. time. a. meal will be~provided when you.retura if you have.nvt eaten. In a.Ll.instances you. will receive three meals each day. Saecial dietary conoerns should be stated is writing on an Inmate Rec;uest-Form. Problems. regarding meals. should he brought to the attention of a Correctional. Officer.. 1~ r T~;hEPHO1~F5r Telephones. are available for outgoing cabs only. You can use- these according to schedule. Inmates will he is phone areas or will. use telephones ONLY at scheduled times or when authorized by staff. Neither signing up nor placing calls for other inmates is allowed. 1 g . MEDICAL MENTAIi ~aT.~TH., ~ AND DENTAL CARE Thi.s.Jail makes available to inmates a full range of medical, mental health, and dental care. A description of these services follows: MEDICAL ~~~ Prison Health 'Services, Inc. speciz3.izes in. providing health care to jail and prison inmates. They provide e~rg~cY care treatment of ongoing medical Problems. medical counseling, treatment by specialists, -12- ~ . /r ~ and hospitalization when needed. When you were booked, the booking officer asked you questions about your health. If there is more infv~aatian about your health which. you think is important, you should ask to see the nurse... You may do this by asking a Correctional _ Officer to see tlZe nurse,. or by filling out as Innate Request. Form. If you are ia~ured or think Yon are sick, You should ask a Correctional Officer to see the ~aurse or you should fill out nun Inmate Request Farm. The nurse s~rill examine you, and wi-1,L. have a dootor see you if necessary. If you are in need.af emergency care, You will be seen at once.. Treatment fvr drinking or drug Problems can ~ pro~'~d' F~,~ nation yr treatment for vision problems is' available. If neoes- sary, you will be treated at a.doctor's-office or hospital outside the Jail... 2Q .- FE1++1~I~ ~2~ ~4=CE5• 1. Each.female: inmate: shall, upaa,. request, be allowed to use materials necessary fur personal hXgiene with regard to her menstrual cycle and reproductive system, and birth. control measures as prescribed by her physician. 2. Female inmates shall be given information regarding th~:- availabili'~y of family plann~-ng services . 3. Prison Health gervices, Inc.- will provide pregnancy testing at no cost to the inmate. For pregnant inmates. O.B.JGYN medical services will be provided by Frisvn Hea3.th Servives, Inc. at no. test. Female instates have the right to have pregnancy testing and medical care foz the pregnancy by a physician of their choice. Expenses for treatment from physicians not: provided by the Jail f acil its must be paid for by the inmate - -13- ~~ . ,r~~ MENTAL HEALTH You should notify a Correctional Officer or the nurse if you think you need to see a psychiatrist or psychologist. DENTAL CARE Prison Health Services, Inc. .provides 24-hour emergency services and dental services include fillings, incision and drainage,- control of bleeding, extraction and. dentures, and any clinically indicated surgery. Notify a Correctional Officer or use as Inmate Request Form to ask. for dental care. MEI3=CATIDNS If you. were taking prescription-drugs before yon arrived at the Jail, you should briag that fact to the attention of the Prison Health Services,. Inc:. staff.. Your need for prescription drugs will be medically evaluated: promptly by the medical staff. You will, receive the medication which~is. medically appropriate for you. The nurse or doctor. can discuss this with your-own doctor. if your doctor is located in California and if you request that he ar she do sa. Medi~ cations. will normally be given you sear meal times, unless otherwise prescribed. by medical. staff. You mast take and consume Your medi- cation immediately when it is given to you, unless otherwise instructed. Saving or storing drugs is strfctly prohibited. TREATMENT BY PRIVATE BEALT$ PROFESSIONALS If you Ch0058, you may be sees by your own doctor, deatist, or mental health professional away from the Jail. The Jail is not responsible for paying for•yaur treatment by your private health grofessional. You must make paymeat arrangements yourself. ~le3ications, over-the-- counter drugs, and other medical and dental items prescribed by health -1~- ,.~~ practitioners outside the Jail must be approved by the Prison Health Services, Inc. staff . For initial prescriptions, the Jail will pay onlg.for those. items prescribed_by Prison Health Services, Inc. staff, or by outside professionals to whom you are referred by Prison Health Services, Inc,- However, the Jail will pay for all refills. A Correctional Officer will normally take you. to your outside health care appointments.. Occasionally. it is necessary to reschedule: outside, non-emergency appointments because trans portation is not available. Every effort will be-made to advise you if this becomes. necessary, to timely advise your doctor~or dentist,. and to reschedule-the appointment. Ia order to decrease the likeli- hood of rescheduling,-you.: should. try tv schedule your appointments on. Tuesdays, Wednesdays, or Thursdays. DISgUTE~ 'CDN~'~ MEDICAL CARE If you object. to your health- care. feel tsiat. you are not getting the treatment you need, or believe you are getting the wrong treatment, you should discuss this with the nurse or doctor. If you still are. not satisfied, you may file a grievance about your medical, dental, or mental health treatment. 21. LIBRARY SEHV'ICES The library services consist of a general. library sad a law library. The library is accessible to all inmates at reasonable t?a~=s uPoa request to a Correctional Officer. Do not mark books or tear out the pages. Do sot remove anything from the law Library except your own materials. Materials may be removed from t'~e ceaeral library with permission of a Correctional Of~.cer. Smoki-zS is not allowed in the i~- ` ,~ law library. If you find ,that something is missing, fill out an Inmate Request Form. A typewriter will be available 7.n the law library and you may use it. Writing maters-a7sr such as ,legal tablets, legal stationery, envelopes, carbon paper and erasers will be avail- able on. request. 22. CONSEi~T DECREE. A consent decree concerning fail conditions has bees.filed is Action Number 8442, Sutte County Superior Court, a class action suit. A copy-of the decree is in the library.. 23.: PRIVATE LE{xAZ ,'-~AALS~ . Attorneys may f~~*~*~._i_aii inmates wit~t law books aad legal- materials. by delivering them to: one of: the. Jail staff:. The- inmate may use and retain the inmate~~s own legal materials in'the housing unit, provided the materials do not exceed-the number of authorized materials i.a the. inmate rules. Waivers to tine rules may be made on a case-by-case basis. 24.- AcCES~~ ~Ta NflTA~x -P~r~ ~sc~ AlI inmates, upon request, shall be able to use the services of a Notary Public within a reasonable. time after such service is requested. 25. STREET r'LQTSING While you are in this ~Jai,l, you should have one complete set of street clothes iti case you need to wear them to court. and to wear ' when you are released. There is roam at the Jail for you to store only one set of clothes. Other- clothing may be brought and exchanged far clothes you have stored here- ..1~,_ .. . ~~ 4 '. 26. JAIL CLOTHING . The Jail will provide you with jail clothing which is clean and in good condition. This includes socks. shoes, and appropriate outer and under ga ~*+ts.. Yvu will sign a Receipt for this clothing. whey outside your pausing area, your ga~naents will be worn with shirts buttoned and tucked in and coveralls will be buttoned completely. Soiled. underwear and socks will be exchanged two times a week for clean ones. Other soiled cloth~:ng and towels will be exchanged once a week.. The- Jail may permit you to use~ your awn socks, footwear, and~uadergarments instead of jail issue. If your work assignment, weather conditions, or illness soil. your clothing, you may be able to exchange your soiled clothing for clean clothing. more often. TOWELS ANA &EDOING You have~been.issued and signed a Receipt for one towel, one mattress; one mattress cover,-and Q~e or two blankets, depending on weather con- ditions.. The towel and mattress cover will be exchanged for fresh, clean ones each week, and your blanketCsl will be exchanged for a cle.aa~ one Cs }. Dace a month. Additional bedding will be issued if necessary. ~c~zNG ~oF mavs~rrrG UNrTs It is your responsibility, together with that of other inmates, to do janitorial work assignments within your housing unit. .You will be provided with cleaning materials by a Correctional Officer who will direct your activities. Work assignments will not be made by a trustee or another inmate. ~ -~17- ;,~ •~:~ .• z7. TELEV=s=ort Most housing areas have a television that may be viewed during the day. ~If the noise. level from the television becomes a problem. the television may be removed for a period of time. Zs.. RECREA~=ort ~Artn ~~C~rstr . There are a variety of recreation and service pmgrams available. Ask a Correctional Officer. for specific. program schedules. You will be provided.wittz at Least three t3Z~hours of recreation or exercise time in. at least two sessions distrii~uted over a period of seven (7) days. 2 ~ .. INMATE SFrl~FI~ FR~GI~A~S Inmate programs ase.available~from time-to-time in various parts of the Jails~and:ia locations outside the Jail- the following: Alcoholics Anonymous {AAl General Education. Diploma t~l Kitchen trai.xning (.Culinary Arts 1 Legal Assistance Maintenance and janitorial training Religious services Remedial English and/or Mathematics School furlough . Veterans. counseling work assignments Ti+ioric furlough These programs may include r~ 8rr . •. '~ ,`l . Currently available programs and schedules are posted in the exercise yard. 3Q. VOTIi~G ._.r__._ You may exercise the-tight tv vote, if. you qualify.• Request a voting registration card from a ~ Correctaonal. Officer. 31. GOOD TIME/WBRK TIME CREDIT Each sentenced inmate~wilL receive one day credit. for each six (6) days of confinement as."good tame" credit, unless it is established. on the record that~.the inmate has not satisfactorily complied with the reasonable.tules and regulations established by tine Jail. Further.. each sentenced inmate will. receive one day credit for each. six C~1 days of confine~~~t. as warn time credit. unless- the record establishes that the inmate has refused to satisfactorily perform labor as assigned by the Jail. IInsentenced. inmates may be end-tied to a above credits for, goad time/wvs:k time, depending upon the circzzmstances of their confinement. 32. FURLOIIGH (,Sentenced Inmates ONLY If you have found a job, if you are in school, or want to go to schools you may be eligible for work or school furlough. This program allows sentenced anmates to w~ark or ga to sc.~ool during the day, while spending nights at the Jail. Rules for Work and School Furlough 'are in the 'lib'rary. You may asic 'a Correctional Officer for an application for Work or School Furlough. - I9- . If you are granted work furlough, you will be required to sign an agreement to comply with each and every rule set forth as a con- dition of work furlough. Any inmate who has a request for a service, should speak to a Correctional Officer. If the Correctional Officer cannot immediately provide the service, the inmate may-then fill out an Inmate Request Form and give it to any member of: the Jail staff.. Inmate Request Forms are available on request from-the Correctional Officer, in the Dining Hall, or from the medical person.. You will receive either a written response to your request, or tsie service that you request_ If~ there is no response, or i.f you are dissatisfied. with the response, you have the right. tv file a grievance.. 33.. GRIEVANCE Any inmate. who has a complaint.may speak to a Correctional Officer in. an effort to get it resolved or-file a grievance. A.grievance is any written complaint about jail conditions, including, but not limited to, medical care; classification actions; disciplinary actions: program Participation: telephone, mail and visiting pro- cedures, clothing, and bedding; and food. Each inmate has 'the right to bring a grievance at any time. Correctional officers will give a numbered Grievance Farm to any inmate who requests one. The Jail shall keep a record of the distribution of Grievance Forms. No inmate shall possess more than one blank grievance f;om at any one time. 1 ~~ ar } r r~ I :~ ,, . BUTTE COUNTY SHERIFF'S DEPARTI'~NT Departmental Drder No. 514 RULES OF CONDUCT EXHIBIT ~3 Rules of inmate conduct apply to all inmates of all clas- sifications. In addition, special rules apply to inmates assigned to the trustee. and work/school furlough programs. If you violate any of Giese rules., you may have committed a crime, a major rule- violation, or a minor tale violation. If you wit a crime, you may be prose- cuted in-court,. In addition. to prosecution, you may also be subjected to one or z~ore of the penalties for a major rule violation... CRIMES ~~ l.. Inmates.wi~l-obey all laws of the United. States, State of California, and the County of Butte. 2. Inmates will NOT break, mark. damage, or destroy County buildings or property, including law and. general Library books and proFertY P~ chased by the Inmate ~+Telfare Fund. 3. Inmates wi~.l NOT gamble. 4.. Inmates will have NO contraband or dangerous weapons is their possession, and will not possess, consume. or ingest drugs (except as prescribed b+r a physi~cian~ , or alcoholic beverages . 5. Inmates will have NO sharpened or pointed objects in their pos- session, excluding authorized writing implements. unless aut~arized by an officer. 6. Inmates will return at the date and time specified on thei r release authorization when released under 54018•fi penal Cvde {temporary release). MAJOR RULES: . 1. Inmates will obey all rules and regulations established for the : S 4018.5 - Penal Code temporary release~~ program. 2. Inmates. will obey all lawfu,9,~orders from the Jail staff. 3. Inmates will have in their pcssessian, only those items- issued by the Jail,. purchased at. the Commissary, or Previously approved. in writing~by the Jail staff. 4.. Inmates will NOT- consume or be under the influence of any un-- authorized drug. or alcoholic beverage. 5. Inmates wi11.IMMEDIATELY take aad swallow all medications dis- gensed.by competent authority, unless. other wise instruted in writing. 6.. Inmates- will NOT remove any P~P~tY from their work area without the approval ia. writing of a Correctional Officer, staff member, or civilian in charge. 7. Inmates will NOT knowingly furnish false information to the _ Jail staff.. 8.. Inmates will. NOT give or loan nc~oney to, ar borrow money from other prisoners. Q. Inmates will NOT prepare unautho='~-Zed foods or beverages when assigned to kitchen work. la. Inmates will NaT smoke in the kitchen d.~-Wing hall, law library or hallways. I1. Inmates will submit to uriaalysis or In+~xilizer tests when requested to do so by Jail staff. w2• .:~~ ~ _, ,.~ . 12. inmates will N4T engage in sexual activates with other inmates. 13. Inmates shall have no more than two L2Z dollars is dimes in their. possession. at any time, with the exception of .those assigned to programs outside the facility who may have.moaey for deposit to their account, which shall be given to the Correctional officer on duty immediately upon returning taa the facility. Trustees assigned to Building and Grounds maintenance or other outside work details shall. have na more than four. (4? dollars is dimes or quarters in their possession at any time. 14. Inmates will wear and: will. not. alter or remove assigned wrist band identifications . MINOR RUNES: 1.. Inmates wilt meet specified dress. codes when outside t~xeir housing areas. Shirt. and trousers or coveralls-will be worn,.. Shirts will be buttoned an,d tucked ia, coveralls will be buttoned completely. Z. When out of an assigned housing area, inmates will NOT loiter, will NOT go into any area unless directed by a Correctional Officer, Jail staff, or civilian is charge, and will NOT talk to other iru~ates when it would create a clear and present danger of ~,sruption of Jail routine. 3. Inmates will wear hairnets or food service hats, footwear Cnot thongs? and scrub t~.eir hands and nails immsdiately prior to handling food winen assigned to kitchen amr3c. 4, inmates will be in phone areas or use telephones ONLY at scheduled times or when authorised by staff, neither signing up nor placing calls far other inmates. _~_ 5. Inmates will NOT move~or change assigned beds and/or lockers, unless authorized to do so by a Correctional Officer.- 6. Inmates will NOT lie on another inmate's bed. 7~.. ..Inmates will. remain on their awn beds .after lights out, except fvr. necessary bathroom .trips, and-will make no unnecessary noise. 8. Inmates will keep their sleeginq areas neat and clean at all times. Beds are to be~ made up according to regulations: bedding. is-not to be placed oa the floor. 9. hrunates. will NOT cover or tamper withlights or air vents. 10. Inmates will have no moss than 1 newspaper., 5 magazines or periodicals., 2 dictionari.es:, 5 books+ and a reasonable number of clippings and photographs: is their housing areas at any time. 11.. Inmates, other thaw kitchen. workers and. those housed. in maximum security-and. observation cells., shall make- up their beds and clean their individual. areas around them-prior to 7:00 AM each weekday, excluding court holidays.. Beds will remain mGade until 6:00 PM. Inmates assigned to work/school programs shall. accomplish these tasks prior to going to work or school. Inmates in maximum security and observation. are exempt from making their beds. 12. Inmates must stand next. to their beds during a stand up head count. 13. Inmates will remain seated in the dining hall during meals, un- less authorized to move by a Correctional Officer. 1~. Inmates will be responsible for all clothing and bedding issued to them; loss of these items is an infraction; excess items are not allowed. 15. Inmates will NOT wear any jewelry, excelat wedding bands. -~- 1 I 2 3 q. 8. 6 7 8 9 1a ~11 12 13' 14 1S 18 17 18 i9 20 21 22 23 24 25 26 27 23 .. -.I-4. -. _ ~ --: Sxregle . K-~ - Single R'-2 - Single , g..3 .. _~ Multiple H-2 - Multiple L-5. - Multiple South Dorm -- Muitipie North Doran - Multiple R..3 - Single Women's Unit - Single E-3 Women.'s, Unit - Single E-4 Women's unit ~-2 - Multiple Women's, Unit E-? - Multiple- Women's: Unit. E-2 - Multiple Total Number of-Beds 1 1 I 12 12 la 32. 32 3 I 1 }. 2 4 173 D, In no event shall any housing areas, including dormitor- ies, regular~.y house more than their rated capacity except temporarily on weekends and holidays. All inmates shall be furnished beds/bunks with personal storage space provided. There shall be no housing o~ inmates except in the housing units as listed in preceding Paragraph VII C, E. The County shall assign and designate qualiFied mainten- ance personnel to report~to the Butte County Jail regularly by 8x00 a.m. daily texcept, weekends and holidays) to check the log and taka immediate steps to repair, replace, or correct any and all items or matters requiring repair, replacement, or cozrection .. ~~ 1 Z 3 4 5 6 7 8 9 10 11 12. 13 14 15 16 17 18 19 20 21 22. 23 24 25 2fi 27 28 Furthermore, the County shall make the necessary arrangement for a responsible qualified maintenance person to be on call at all - times during weekends and holidays to take care of emergency situations. The Sheriff shall provide security far the mainten- ance personnel while working in the jail facility. If the repairs, replacements, or corrections are not made promptly, then the Sheriff shall so report same in writing to the Ghief Administrative Officer of the County. F. The maintenance of the gutte•County Jail. includes, but is~ not limited to, the. fallowing: 1. The stoppage-of any roof leaks. 2.. The County shall cause to be made a study concerning the feasibility of making the. detoxification cells conform to the requirements of California Administrative Code Section 1113. The~i report wall be submitted to the Coordinator who will transmit.it to the•Court, and to each counsel. together with his recommends-~ tions in respect thereto.. A noticed hearing shall be held and any ruling by the Court shall be deemed a modification of this Decree accordingly. 3. All housing units shall be kept clean and painted on a regular basis or as needed. 4. All showers shall be maintained in operational, sanitary and clean condition. Each shower shall have a non-skid floor surface and shall be equipped with a translucent shower curtain in good condition, 5, All lighting and plumbing facilities will be maintained in working order, with replacements and repairs undertaken as necessary. l- ~ _ 1-~ _/ '! 3- 14 15 16 1 t~ 18. 19 21 ?2 23 24 25 2fi 2? ` 6 . Climate ~contral throughout. the fail faaiiity shall be .maintained and operated in a manner to provide an acceptable temperature range... ,All. housing units shall have adequate ventilation. Every effort shall be made to prevent moisture accumulation.-~ - ~ 7. Smoke evacuation equipment-shall be installed and maintained in good working. order in conformance with Title 19, California- Administrative Code.. Smoke detectors shall. be installed in appropriate-glares throughout the fail. Approved fare hoses: shall. be installed and. maintained at all fire stands.. i B..-Wash basins and drinking fountains shall- be in '~, complian.ce with California. Administrative Code Sections 1120(b) and ( c~} ... Aeds%bunks ~ must be~ of the dimens-ions required by California Administrative-Code Section 1120(f}. 9. Lighting in housing units, dayrooms and activity areas must be. sufficient to permit easy reading by a person with normal vision. Night lighting shall be sufficient to give good visibility for the-purpose of supervision but shall not be such as to hinder restful sleep. To allow entry of natural light, the paint on the windows of all exterior walls shall'be removed forthwith. Outdoor screens shall be installed to protect Units J-1 and J-2 from. the summer sun. Ail exterior windows shall be kept clean. lfl. Broken window glass shall be replaced. All windows shall be capable of being closed. G. Certain areas in the Butte County Jail shall be desig- ~I rated for specific uses and purpQSes as fallcws: - 28 4~ 5 6 7 8 9 1U ti 12 13 14 15 ~6 17 ~8 19 21 22 23 24 2~ 26 27 2$ 1. 1. L~-4 is the dining- area and it ~is also used for certain.programs. 2. L-3 is the gym fora the inmates' recreation and exercise and 3..t is also used far certain programs- 3. The basement is used for certain programs.- 4r a. A-8 is the law library in which a table and seating for two inmates shall be made available. b. The Sheriff. shall provide general library areas for. use by the inmates on a regular basis. c.. These areas shall not be~ used for storage purposes. 5 .. A-14-, A-15,. D1. D4 ,~ DS and D6 are counseling and attorney interview areas. Attorneys shall have priority of use to meet with-their clients in A-15, D1, D4, DS', and Dfi. fi. The open area in each housing unit is designated as a "dayroom". 7. County shall install shelving along at ].east two (2) wails in H-1. The~Sheriff shall arrange for disposal of unneeded materials and articles in H-~.. H. The telephone company shall be requested to ins tall two (2) additional pay telephones in the hallway near Dorm Control Post ~4 and two (2) additional pay telephones under the overhangs outdoors in the dormitory yard area: one near L-b and the other near the commissary. ~~. Adequate parking facilities sha~.l be provided for the inmates on the work/school furlough program. J. If an inmate is housed in a sing~.e cell for other than 5 s 7~ a 9 ~0 1~ 12 '13 14 15 t8 ~T t8 19 20 z~ 22. 23 2a 25 28 27 28 disciplinary purposes, then, efforts will. be'made.to give such inmate additional .recreation or exercise time: R. Lt is recognized that it is.impartant to improve the availability.of.:audio communication [i] among inmates and. staff and (i~ among Correctional Officers.. This is to be accomplished as follows: 1. .Intercoms shall. be installed and kept in operative condition in each of the dormitory housing units. The intercoms) in the. South Dorm~and the North Dorm shall. be connected with the Dormitory Control Poste ~E4 and the: Main Control Post. #2. 2. An audio monitoring system shall be placed into, and maintained in, operative condition in the remaining housing units... The system- sha11 be monitored at Post ~2. 3«.Operable~ "walkie-talkies" shall be furnished to, and carried by, each Correctional. Officer while on duty in the jail. L. All exit doors- shall be made operable and capable of being opened from either side.. M. The County shall cause tv be made a study concerning the feasibility cf installing safety handrails in water closet and shower areas and privacy screens in front of each toilet. The! report will be submitted to the Coordinator who will transmit it to the Court, and to each counsel, together with his recommenda- tions in respect thereto. A noticed hearing shall be held and any rul:.ng by the Court shall be deemed a modification of this. Decree accordingly. N. The County shall install panic--buttons or equivalent in the counseling and attorney interview areas, and shall instal l acoustical file in Dl, D4, D5 and D6. The screen between D1 and ,..~ -~~` 16. Inmates will turn off television sets during meals, or after lights out unless authorized to leave them on by a Correctional. Officer. 1?. Inmates will treat all officers, st.~.ff, and visitors with courtesy and respect.- 18. For health and sanitary purposes: all inmates shah- shower at Least every other day.. It will. be considered as au inmate refusal if the inmate is not ready ~ for shower when Balled. I9. Inmates will report promptly tc their assigned or regorting points, perfoan the assigned tasks. and follow the directions of the Correctional officer, staff member, ar Civilian in charge_ 2D .. Inmates will remain is their assigned duty areas unless given permission in writing to leave by a Correctional Officer, staff member, ar civilian. in charge. 21. Inmates will NAT be laud, boisterous, or offensive. 2Z. Inmates will NOT push, shove, or line jump. 23. Inmates will NOT-run, except in the recreation area. 24. Inmates will NOT hang photographs or other items np for dis- play on the walls or bars of their housing area. 25 . Inmates will i+t0~ store bones , bags , containers , ar perso=nal items on the floor of any housing unit. Inmates shall use storage lockers.ar bias as provided. 2S. Inmates will NOT pass notes. Inmates will not exchange property wi :~ other inmates without the approval of a Correctional Officer on an Inmate Request. Form.. 27. ~Sl inmates are suhj~eo:t to searcb. of the .r Person or belongings at 3,ny L,.~e for contraband or security puraasES , "Legal- mail" or -~- `~} ..~ - documents to or from attorneys, courts, holders of public offices, or the Board of Corrections., and clearly identified as such will be searched only in.your presence.. " SPECIAL RULER ~AWD REGUI~TICI~S, WQRK SCSO~OL' FT3RI-CUGS PRpGRAAi: These-. rules. apply to all. inmates accepted for end paxtici- pating in the work/school furlough program as authorized by P al C~ Section 1208.. C1~l~S ~~.. 1. while.oa.the program. inmates will obey all federal. state, anct.].ocal lags.- Ti~Thile away from the facile-'tY. inma'~es will conduct themse~lves~ in a responsible.manner.. 2. IAmates~ will return- from. "special" releases- made pur~ scant to 512.0.8(.dl Penal- Code, at the date-and time specified. If the inmate is unable. to ~retura due to unforeseen and unusual circus stances, the i„~..-shall :west an extension fmm the Work/School Furlough 'Coordinator or. tlae Senior Correctional Officer on duty. 3. Inmates will. go directly to, and return directly fmm, their place of employment, union. hall, hiring hall, school, or other place of training: or such, other place to which the ~ is authorized to go ender the program-~ If the ina~-te is terminated, resigns, or is temporarily laid off (includes time. on the job not compensated ford, the inmate shall return to the faciiitY immediately. r~o~ RvLEs 1. Inmates shall not change jobs or alter any terms of the Work/Sc,~ool Furlough agreement without written approval from the Wor3c/School F~lougli Coordinator. -f ' ~ ~~ _~ti 2.. Inmates will not knowingly provide false information to the Work/School Furlough Coordinator, or any .employee of this facility or Sheriff's Department. 3. Inmates will not drink, consume, take, accept, or possess: a. Any beverage, medication, or~food containing alcohol; b. Any-drug, except where the same has been lawfully pre- scribed by or~ issued by, and h.as tine 'specific approval of the medical staff of the facility. Inmates accept full responsibility and will be fully accountable for-any non-prescription medication they take oa their own.. 4.. Inmates will willingly cooperate with, and submit to any alcohol. test,. urinalysis, blood test, other such test, or ex-- amination,. including as p~am1nation by the medical staff , for t:~e Purpose of~determining whether they have taken, consumed, or'are in possession of any drugs or alcohol. 5. Inmates will not arrange far, nor visit with their friends, .family, or relatives, except at the regular time for visiting at the. Jail facility, unless the visits relate directly to the program activity. fi. Inmates shall not change t&eir approved means of transportation without tine prior written approval of the work/ School Coordinator. 7. Inmates will not br~c any items far themselves or any other inmate to the Jail facility without prior written approval of the Work/Sch.ool Furlough CovrCi.nator. t w -r- - ~ - ~:/~ '~~ ~~ - ~~ 8. Inmates will keep the issued identification card with them at all times while away fmm the jail facility as a means of identification and as evidence of autborization tv be away from the Jail facility. Inmates shall wear this card. clipped to an outer garment when leaving and checking into the facility. The card need not be worn on the job-. g. If an inmate cannot return to the facility for nay reason. af~ the required: time., the inmate should notify the Work/school Furlough. Coordinator or the Senior Jailer on duty at once and follow the instructions given.. ZO'.. Inmates will check in. with. a Correctional. Officer as soon as they return. to the Jail facility. 11. Inmates who have a problem that causes them to violate these rules,- or any- other teen of the- T,~ork/School Furlough agreement, will notify the Work/School Furlough.~Coardinator, or an officer at the Jail immediately. Work/School Furlough phone; 534-4545. Jail phone: 534-4471 PENALTIES F4]H VIflLA2"ICNS: a. C1~II~INAL. Inmates violating this type: of rule may have criminal charges filed against them and be s'.~','-ect to prosecution x,n t'3,e. coos-ts. 3n addition, such inmateCs~ maY al3o ~ classified, w}u, ch can result in removal from the Wor3c/S shoo 1 F ~zr+otigh p rvgram Ls ) and/ar :ei~ousisg. If there is ao prosecutiar.,the violating may also be Gyarged as a Major or Minor Rule viola:a.an. -S- _• ,. ~. .: _'~ b . MA,TOR RIILE N . ~ Inmates violating this type of rule may be charged with a Major Rule Violation and face a hearing to determine their responsibility for the violation. If you commit a major rule violation, the penalties. may be one yr more of the following: {1) Disciplinary. isolation for ten {10) days, if an assault is directed at staff. Dis- ciplinary isolation. is confinement in a cell.or housing unit. separate from the general Jail population, where the inmate is isolated from other. inmates, on a punishment status, as a result of violating a. Major Rule. ~2) Loss of tame credit for good behavior. C~1 Loss. of` time- credit for work. (4}. Removal from the ~rork furlough. C5}, Removal from school furlvugh. C6Y Loss of visiting with relatives and friends. (.7~ Loss of commissary use up tv two weeks except as necessarg for: a. D~.~nes_ to telephone attorneys, bail bondsmen, the curt . b. Personal hygiene items. c. Stamped envelopes and paper for "legal mail". CBS. boss of telephone use, up to two weeks, except to attorneys, bail bandsmen, and the court. C9Z Rehousing. (~,#~), Izter~-zzption of marl. except for "legal mail" , if -Q- - ~ ~~`` C '~ - + .... the offense is a violation of correspondence regulations. {11} Loss of bedding or clothing. if you destroy, or .. attempt to destroy either. [12}. One or more of'the penalties for minor rule - violation. c,. FOR ROLE ~.py,~p,;~p~S~. If you commit a minor rule violation, the penalty may be one or more of the following: [1} .Loss 'of telep~,one use not more than one week, except calls to attorneys, bail bondsmen, or to the court. [2} Lass of ~taga~ use. not more than one week, except. for: a.. Dimes to teleph;ane attorneys, bail bondsmen. the-court. h. Personal hygiene items. c. Stamped envelopes and paper for "legal. mail"-- C3} Extra work dutys not mare than 4 hours. (,4]. Lass of visiting with relatives and friends. .{,5Z Reclassification for not mare than 24 hours. .[.G ~ Rehousing far not more than 24 hours • d. ~~- ~~~'•FEi~SES, If you have been disciplined for one minor rule violations axed later violate the same role, you may re~ r. calve one or more of the penalties for a mayor rule violation. If you have been disciplined far two miner rule v~,olations, whether or. not the same, axed yvu commit a third, you may receive vne or more of the penalties for a ma;or rule violation. r ~~~~ .+ ~~ 1\ • ~ - ~ .. -) e. NON-SUPERVISORY OFFICERS- Nan-Supervisory officers shall not impose punishment, except for a verbal xegrimand or warning. They shall. be authorized. to immediately relocate nay inmate When the safety or security of the facility, inmates or officer require re- location. Any relocations under th%s paragraph shall be reported to the Senior Correctional Officer imnued3.a'~e-1y and in Ws~'~q' -1i- f~ _. ... ~~ .~ EXHIBIT ~4 a -~ BUTTE COUNTY SHERIFF'S DEPARTMENT. Departmental order Na. 5105 INl~iTE GRIEVANCE PRDCEDIIRE 1. Submissions. The inmate brings a grievance.by handbag a completed Inmate Grievance Fos~n to ang-Correctional Officer or by putting it in the box for. mail. The coateats shall be removed at . least once each day only by the~Correctional officer designated by the Jail Commander.- The Correctional. Officer who receives the Form shall immediately, give it to the.Seniar Correctional officer on duty. Cad The Senior Correctional Officer receiving. the form shall direct a full investigation of the grievance and attempt to resolve it to~ the satisfaction of the inmate within 48 hours . The Senior Correctional. Officer-shall make a proposed resolution to the inmate. If the inmate is satisfied, .the inmate.shall sign the. Inmate Grievance Form to approve the proposed resolut~.on, which terminates the grievance. Cb] If a grievance concerns an allegation of a. vio- lation of a Sheriff's Department policy, or State or Federal law by an employee of the Jail, which could result in formal discipline (.i.e. suspension., reP=imaad, termination?. it shall be referred to the Internal Affairs unit of the Sheriff's Department- 5~ithiu 24 hours the IIndersheriff shall decide on a course of action which shall be put in writing with a copy to the inmate. If the inmate is satis-~ fied, the ~-imate shall sign the Inmate Grievance Form to approve the proposed resolution, which terminates the grievance. r ~. ~ r J • . ~~f t --- 2. Second Steg. If the grievance has not been resolved within the times set forth in Step One, above, a hearing will be held not later than 72 hours after the grievance was filed.. The Hearing Officer. designated by the IIndershe~riff shall hold the rank of Supervising Correctional Officer or higher. If.-the. grievance concerns a Supervising Correctional Officer, the Hearing Officer shall be of the rank of Lieutenant or above. Lai flaring the hearing the IIndersheriff ar his designee shall hear all inmates and witnesses and review all pertinent infor- mation.- At the hearing the inmate may be assisted by another inmate or~a.member of the. Sheriff's. Department willing to act as the inmate's. representative. The representative shall be entitled to attend and participate in the: grievance hearing,- as wel3. as nay '.informal con-- ferences or reviews is which the, grievant participates. (b~. The Supervising Correctional officer shall resolve th:e grievance., A written statement of .the final result shall be given to the. grievant within six t6~~ hours of the completion of the hearing..` If the grievant is satisfied with the resolution by the Supervising Correctional.Officer, the inmate shall sign a state- ment that the grievance has bees satisfactorily resolved, and the grievance shall proceed no further. 3. Third Step. If the grievance has not been resolved in Step Two, the grievance shall be reviewed as an appeal by the Jail Commander, or, is his absence, the IIndersheriff witha:n two C21 days, excluding weekends and holidays of the disposition by the Hearing Officer. The Jail Commander shall render a decision in writing to the grievant as to the findings. -2-- - .~ - ,~, s . .•. . r. 4. If the grievance has not been resolved tv the 3.nmate's sans- faction within the time set forth in step three, the inmate may pursue the grievance through the court system. 5. Time and Date. Each-.step of the grievance shall require a time/date notation when it is received and when. disposition is returned to the grievant. 5. Disposition of the original. and copies. ~a~ The original, first and second copies will not be detached frnm one. another until final action has been'taken. The Grievance Binder will be kept by th8 Supervising Correctional. Officer and will not be. access3.ble tv staff below the rank of Senior Correctiona3 Officer.. Cb~ Disposition of the original and copies of the Grievance.Forrn will be as follows: 1.- Back copy kept by inmate. 2.. Second copy returned to Inmate with Final Action. 3. First copy to Inmate File. ~ .. Ori..ginal to Grievance Siader. 7. Jurisdictional 4uestions. If a grievance is ,received about a cond%tion ~in the Jail that is outside, the operational and/or administrative jurisdiction of the Jail staff (.i.e. maintenaace~, the grievance shall automatically be forwarded to the Jail Commander by the Senior Correctional officer receiving it. The Jail Commander will forward a copy of the. grievance to the head of the appropriate department or agency. The Jail Commander will follow up the grievance within seven t72 days to obtain a responserfrom the department con- corned and advise the inmate ~in wrf anQ- • . ~+: • •^ ,~ ~ ~'~ ~.~..,.} EXfi.IB IT ,~ BUTTE COUNTY SHERIFF'S DEPARTMENT Departmental Order No. 5106 DISCIgLINARY' pRdCEDURES 1. FIRST~RESPQN5E T R V1 whenever~a Correctional Officer observes or has reasonable cause. to believe that there has bees an inmate rule violation, the Correctional Officer shall first notify another Correctional Officer on duty, if neoessaty, and take appropriate security and safety measures to contain any situation in progress,, and the Correctional Officer shall then immediately decide~~if it is necessary to rehouse the inmate. Whenever necessary the Correctional Officer shall obtain assistance. A. Immediate. rehousing is permitted only if the alleged. rule violation involves: l._ ~ Assau].tive conduct. 2. The iamaate poses ~ an i.mmedi.a'te threat to the safety or security of others . 3. The inmate poses as escape risk. 4.. The inmate has requested or requires protective custody, or 5 . -The inmate poses a danger Lo hint ar herself . B.. Immediate rehousing w~.ll be rev;awed by the Jail Commander or, in his or her absence, the Supe~~ri.s..nq Correctional Officer, witha:n 24 hours, excluding weeic~=ads and nalidays. Review . ~ ~ ..~~ J • ~ - of safety cell housing will be in accordance with esta3~lished safety cell criteria. C. The Correctional Officer should then check the ,Tail Department Orders to determine what type of violation has occurred {minor, major,. or a crime), and take action set forth below. 2.. MINO1~ VIOiLAcfiIflN~. A. First, try to resolve the problem informally with- out iimposing actual. discipline. The Correctional. Officer will make a notation of this conduct and informal resolution in the post log. 8.. 2£ t'~e Correctional Officer determines that verbal counseling is inappropriate, the Correctional Officer wi13. prepare a. Minor. Incident Report and forward it to the Senior Correc't~-ona~- Officer.on duty immediately if possible.- The-Senior Correctional Officer an duty will conduct an interview with the inmate promptly to discuss the charge. The. inmate shall be given a copy of the minor.3.ncident rejport, be allowed to present. his side of the sit- uation, and receive a written decision from the Senior Correctional Officer as to inmate responsibility, Punishments imposed, and reasoning behind tine decision. C~. All minor incident reports shall be reviewed by the Jail Commander within Z4 hours after action is taken. excluding weekends and holidays. The Jail Con®ander may: [l~ Conc:ur in the findings and' affirm the punishment. C2Z Reduce the punishment if in the Jail Commander's opinion it is unduly severe or disproportionate to the offense. .~~_ r' ~: (3} Dismiss the findings and restore all former inmate privileges. 3. MAJOR R~7hE VIOLATION ~REPORTIN~G AND' INVESTIGATION. . A. The officer observiaq ar receiving the report of a violation prepares a. report an a Major Inmate Incident Report form and forwards it to the Senior Correctional Officer on duty. Because of: .the.poteatially serious consequences of a major rule violation, Cl} the Senior Correctional Officer will review fide Correctional Officer's report and verify that the incideat was a major violation, (,2} if the. reporting Correctional Officer tank immediate action, the Senior Correctional Officer will review that action to determz.ne if a} it was appropriate and b} if conditions have changed and if different. action is now .appropriate in accordance with Departmental Orders., and. 3~ the Setti,or. Correctional Officer shall take action and so indicate in. writing on the-report and state what changes or modifications the Senior Correctional Officer has made following the receipt. of the•. Major Incident Report. Tfie Senior- Correctional Officer shall forward the. report .tv the Disciplinary Officer prior to #~he . ead of the shift on~whichthe violation occurred. 8~. The Disciplinary Officer (a person of the rank of lieutenant or higher}, shall complete the investigation as soon as possible and no later .t3ian ?2 bouts after the report is filed. Any substantial delay shall be explained is wr~.ting. If the Disciplinary Officer determines that the inmate is not rQsponsible for the vio-~ lotion, this shall be noted on the d~.sciplinary action record. The charges will be dismissed and the inmate will ire immediately returned in so far as possible, to all former inmate privileges. ~~ `~ • C. The Disciplinary Officer shall, within T2 hours of the filing of the report, interview the inmate, provide the inmate with a copy of the report, and advise the inmate of the following: (1) Nature of the violation. (2) Right to a hearing not sooner than 24 hours or more than 48 hours, excluding weekends and holidays. (3} Right to appear-in the inmate's own behalf. (4} Right to call witnesses and present documentary evidence.. f5} Right to have the results of the hearing and-the decision made by the Disciplinary Officer in writing. (8) The irmtate may waive the rights explained above and agree. to accept the discipline the Disciplinary Officer has proposed.,. (T} The inmate may accept or reject the intended discipline. (8} If the inmate accepts the intended discipline, the inmate. shall explicitly waive rights to a hearing and those rights stated in 3-(c} 2 through 4. (9} The inmate shall understand that if a hearing is held and the inmate found responsible, the discipline may include any of those penalties provided for under Major Violations. ~. Within T2 hours after the filing of the report, the Disciplinary Officer shall provide the inmate with a copy of the report. If the inmate rejects the intended discipline, the hearing shall proceed. -4- '. • 4. MAJOR RULE VIOLATION -HEARING.. A. The~Disciplinary Hearing shall. be held_no sooner -than. 24 hours nor amore than 48 hours, excluding weekends and holidays, after the inmate receives his written. notice of the nature of the violation. The following grvicedures shall be adhered to during the hearing: (1~ The inmate.~shall be present during the hearing. (2~. The violation shall be read to the inmate. The inmate shall be asked. if the violation is admitted or denied. B. If the inmate.admi.ts the violation, the Disciplinary Officer~shall.indicate that on the Disciplinary Action Report and have the inmate sign ixt the. ~coa~rect space. The Disciplinary officer shall decide the punishment. taking into consideration the inmate's conduct and work record wh~:le at the facility, and nay extenuating circumstances surrounding the violation. The disciplinary action and the reason for such action shall be recorded on the Disciplinary Action Report and the inmate so advised. C. If the inmate denies the violation, t~.e Disciplinary pfficer shall conduct the.hearinq. (11 Present evidence and call witnesses against the inmate. Since this is not an adversary Proceeding. but an adminis- trative hearing, the mate has no right to cross examination of the witnesses. (21 Only the Disciplinary Officer shall ask questions of the witnesses- ~3~ Formal Rules of Evidence shall not be used. (4] The Disciplinary Officer will receive evidence which. relates to the ~vialat~.on. .' ~~ . - • t~} be presented first. (~} ,~, ~) Witnesses and documents. against the inmate shall The inmate may then present witnesses and docu- menu as a defense. to the charge. (7~ After the- presentation of the evidence, -the inmate may make a sort.statement to the Disciplinary Officer. ($~ The Disciplinary Officer shall then close the hearing. In considering whether or not the. inmate charged is responsible for the. violation, the disciplinary officer should give the most weight to the. most substantial. evidence . (9} The Disciplinary Officer shall reconvene and announce: the decision. The alternatives are: (a1 Not: responsible for the violation. [b~ gesponsible for the violation.. ~Ifl~.-- The. decision and the evidence relied. on shall be made in writing oa. the. disci.pliaarY action report. (111 If the inmate is found responsible for the violation, the Disciplinary Officer shall hear any information the inmate may want to present concerning the disciplinary action. (12}. The. Discipl~.nary Officer shall decide which punishmes~t is applicable by, taking into consideration the inmate's. conduct and work record while at the facility, and any exteauatiag circumstances surrounding the violation. ~'he disciplinary action and the reason for such action shall be recorded an the Disciplinary Action Report and the inmate so adv3sec~. (.13}. If the inmate is found not responsible for tine viola :inn, this shall be noted on the ,Discipiinzr~ Action Report, -6- • ~l ~~/f,. f :Y ~ - ~ .._ and the inmate immediately, is so far as possible, restored to all farmer inmate privileges... 5. REVIEW. The Jail-Commander shall review all_Disciplinary Action ~pvrts within 24 hours after action is taken, excluding weekends and holidays. The Jail Commander may~take the following action: A.~ Concur in the findings and affirla the disciplinary action.. S.. Reduce-the disciplinary action if, in the Jail Commander's opinion, it is unduly severe or disproportionate to the offense. C.. Dismiss the findings and restore all former inmate privileges. &'r ~ C~tININA2; SFI'D7;AfiIDNS~. When a Correctional officer observes or receives a report of a. violation of the tTniform Rules of Conduct, which is believed to be a criminal violation, the Correctional Officer shall report the incident to-the Senior Correctional officer and prepare a written criminal investigation report, to be fo~rarded to the Jail Commander and Records. Records will process the Crimin.31 Investigation Report to Investigation for hand33ng. Disciplinary action is suspended pending the disposition of t3ae ~incideat by Investigation or the District Attorney's office. A. If the District Attorney does not prosecute, the incident ntay be charged as a :Kajor or Minos Rule violation. S. If the inmate is charged by tae District Attorney, and is found to not ba guilty, disciplinary procedures will be dis- missed against the inmate. -T- ,,, _, `' C. If the inmate is found guilty, or.enters a plea of guilty, or "no contest" to the charges, the inmate will be subject to reclassification is addition to the court's. sentence. before a auspect in custody can. be questioned about a crime that. may be or has been charged, the suspect shall be advised of the right to remain silent, that any statement may be used agaa.ast the suspect a.n a Court of Law, and-that. the inmate is entitled to an attorney, that if the suspect. cannot afford one, the court will appoint. one, upon request.. 7. ff25CIgLI~RY AICTI4~ REPQRT ffISfiRIBIITI©N. 1. priginal to Inmate Record 2. Copy tv inmate 3 .- Copy 1 to Discipl~.nary Action binder (retained. for one Cll. year. or. completion of inmate ~senteace, whichever is .first}.... 8 .. ~A~IB~S Ol-~ ]3ISZ"-IFZINE .~ :~io inmate shall be subjected. to cruel, corporal, or other unusual punishment or lads of care which may injure or impair the health of the inmate. Consequently, ao employee will:. A. Discipline any inmate in any manner whic~i is not in compliance with these policies and procedures. S. Deprive any inmate in disciplinary isolation of normal issue of jail bedding or clothing except that those inmates who destroy, or attempt to destroy, their bedding or clothing, may be 3eprive~d of such articles, however, the Sail Comcaander cr Dndersherif must reapprove the denial of these items each 24 hour period_ C. Place or keep any inmate in a safer cell for the Purpose of punishment. r ~$~ ~~ ; ~~ . ,: ~' D. Deprive any inmate~of jail issued personal hygiene items as a form of punishment. .Jail issued personal hygieae items include, but are not limited to: 1. Toothbrv~sh.: . ' 2. Dentif=ice: CTovthpas.te or Toothpowerl • 3. Soap: 4. Cvmb. 5.. Shaviag implement. 6 .. Sanitary napkins or tampons , as needed. [female inmates only?. E« Withhold food from any inmate. as a form of punishment. E.. Withhold,. or i.n any manner interfere with, medical attention for any inmate; as a form. of discipline= ~. Withhold, or in. any manner interfere with the delivery of any medically prescribed or authorized, health related item, as a form of punishment.. Health related items include, but are not limited to: 1. Eyeglasses. or. contact lenses. 2. "Special Diets". 3. Any prosthetic device. 4. Artifical Aody Parts. 5. Mobility aide, such as crutches or wheelchairs. g.. Withhold, or in any manner interfere with, the .access of any inmate to Legal counsel. as a form of punishment. I. Withhold, or in any manner interfere with the delivery of, any non-legal mail, as a form of punishments unless the offense is a violation of correspondence regulations (.not to exceed 72 hours. ~ . `_ ~. ~. .' ' J.. withhold, ar~in any manner interfere with .the delivery of legal mail.. ~. House an inmate, or use the Inmate Glassification System in any manner that. causes an inmate to be housed, in a location or on a classification status that is not in compliance- with the Inmate Classification System, as a form of discipline. 9. EMERGENCIES. When an emergency occurs (an event necessitating immediate action to protect the. security of the facility or the safety of officials, jail personnel., inmates. or aayoae.else within the faca.lityl , disciplinary actions may be administered without coar- pliance with the provisions provided for in. this order. Such. emergency- must be declared, is writing, in a factual manner and sha1L rpm~i*~ in effect as long as the emergency 3.asts.-The emergency situation, as- outlined here, shall be subject to review by the facility commander every. 24 hours . -1G~- _ ,•_ ._. ~. ~ ~~ ,.~~ HUTTE COUNTY SFiERIF~" S DEPARTI+~NT EXHIBIT 6 De artmental Orde No. 5307 LAW LIBRARY Thy.following books and materials shall be ~aiatained by the Butte County Counsel's Office. not less than twice. each year, and up- dated with supplements and pocket parts inserted within thirty {3D) days after receipt. A. CODES l.~ Annotated: Civil, Civil Procedure, Evidence, Fish and Game, Government Code., Health and Safety, Penal, Uaeznploymeat. Insurance, vehicle, Welfare and Institutions, California Constitution. 2~_. Unanaotated: ~Deering's California Penal Code. Appendix of Selected Penal Provisions of other codes {aurreat tv within-one year), United States Constitution, ar equivalent. 3. Title 15, subchapter 4, California Administrative Code, Section 1000 to 1282, a~ amended from time tv time. Board of corrections Guidelines for The Establishment and Operation of Local Detention Facilities, California Laws Pertaining to County and City Adult Dentnntion Facilities. S . CASE S RVI GES 1. Nedrud: The Criminal Law - 2, West's California Reporter •' . ~ j ~ . C. R[1LES 1. Rules of California aad Federal Courts (Ptorthern California Rules of Court, or equivalent) 2.. Butte County Local Rules 3.. Board of Parole Rules. D. TREATISES l.. Sokol - A Handbook of Federal Habeas Corpus. 2.. Witkin.-- California Criminal. Law, or equivalent. 3.. Witkin.~~Califoraia Criminal Procedure. 4. Witkin - Sunu~ary of California Law, or equivalent. S., Witkin -- California Procedure; or equivalent.- E.. RESEARCH. AIDS 1. Shepard's Citations, U.S. and California Z. Larmac Index to California Laws 3. Beil's Searches, Seizures aad Bugging Compendium. 4. Black's Law Dictionary 5. Matthew-Bender California Forms~~of Pleading and Practice. 6. Mathew-Bender Volumes oa Criminal Procedure (currently Volumes 4A and 4B~ 7. Standard Jury Instructions (BAJI and Cp,LJIC) _2w ~~ . . F. DEPARTMENTAL ORDERS ,'---~. 1. #510.7 Law Library 2.. #510$ WorkfSchool Furlough Program 3. #5109 Pre-Trial Release Program 4. Maintenance and Sanitation G. CONSENT DECREE A. copy of the Consent Decree (without Exhibits except those enumerated in preceding Paragraph F hereof), on file in Butte County~Supexior Court., Action No. 84429. -3- EXHIBIT 7 BUTTE COUNTY SHERIFF'S DEPARTMENT Departmental Order No. 51Q8 ~ ~ -- WORK/SCHOOL FURL40GH PROGRAM GOAL: It is the goal and purpose of the Butte County work/school furlough program to provide inmates an opportunity to continue or pursue employment or education that will further the inmate's ability to successfully become a Saw-abiding member of society upon release from the Butte County Jail. I. ELIGIBILITY FOR work/school furlough program A. Fach work/school furlough application is considered on an individual basis as to eligibility. The offense committed is also considered from the viewpoint of what actually transpired and not what is finally plea bargained or adjudicated. There- fore, a wide latitude is used in deciding who shall and who shall not be placed on work furlough. The work furlough administrator has final say so as to which inmates will be granted work furlough, and the following list is not deemed all inclusive concerning eligibility: 1. Individuals who do not want to interrupt their employment or education should, if possible, apply for work school furlough prior to confinement. ~-~ :- ,. .. y 2. ~ No inmate will be eligible, if the sentencing judge specifically sCates the, inmate is not to be allowed to participate in-the program. 3. Any individual. who has outstanding warrants other. than minor traffic, holds from other agencies, pending charges filed or unfiled, or other circumstances that could be construed to make the person a rink for the program, is considered in- eligible. 4. Individuals who are considered ineligible for the program, except in unusual cases where the interests of justice would best be: served, include: a.. Those persons defined under Section I2x3(d} of the Penal Code relating to certain crimes committed with the user of a deadly weapon other than a firearm. b.~ Those persons defined. under Section 1203.05 of the Penal. Code pertaining to certain crimes. where a person, personally, used a firearm in the commission of the crime. c. Those persons defined under Section I203.OT of the Penal Code defining certain Health and Safety Code violations relating to the sale of. heroin. d. Those persons defined under Section 1203.08 of the Penal Code gertaining to prior convictions of designated felonies. e. Those persons defined under Section 12x3.03 of the Penal Code relating to crimes of a designated na"Cure against aged and handicapped individuals. _~_ . . 1 f. Those persons who have to register per Section 29Q of: the Penal-Code as sex offenders -for offenses enumerated in Section 29~] Penal Code. B. School Furlough 1. Inmates who are 'continu.ing students" will be allowed school furlough if otherwise eligible. A *~ontinuing student* is~ interpreted as having been enrolled in college, or a school, within this or the Last school. year (September - June). 2w If an inmate: is not a "continuing student", the inmate may propose in writing a course of study and training to the work/school furlough Coordi.nator~which shall include the course{s) and name of the school the inmate wishes to attend. 3.. Inmates- drawing G.I. Bill for attending school will pay room and board the same as though they were on work fur.lough.. 4.. Inmates sentenced under authority of Section 273h of the Penal. Code,. or sentenced for violation of probation of'27Q Penal Code {non-support} will not be allowed school furlough, except in unusual circumstances. 5.. To be eligible for school furlough, inmates must enroll for a minimum of nine credits, or demonstrate to the work/school furlough Administrator that the proposed course of study, or continued course of study, is consistent with the goals and purposes of the program. g. Inmates will attend day classes only, unless .placed on home incarceration by the sentencing court. ~.. r~ C. Work/School Furlough Eligibility Limitations. i. If an inmate has previously violated a condition of work or school furlough, careful consideration should be given- ' to the processing of any new application. 2. Inmates are. required to work or search fot work within a forty (40} mile xadius of. .the Butte` County Jail in Oroville, or as otherwise provided by law., 3. The Work Furlough Administrator may, in his or her discretion, limit the work or search for work to Butte County. 4. Inmates: sentenced to less than 1~ days will require a prior deposit of money. to insure collection of work/ school furlough funds. 5.. An inmate may have a weekday job and. also a second one on weekends.. In general, one job is. recommended. The discre-~ tion of the. Coordinator is to be used in these cases. ~. An inmate who is under the care of a doctor will need a release from the doctor to go to work. ~. Inmates should. have steady jobs, under super- vision; in locations where they can be reached and which insure a steady income payable by check. In most cases, the Coordinator should discourage roaming, unsupervised e~aploYrnent as well as door to door and house to house selling. g. No inmate~shouid be ailowe~i to work in a job where there i,s a labor dispute. 9. Inmates who are self employed or subcontractors should produce: ~~ a.. Proof of prior earnings (i.e. the most recent Federal income tax statements or a current profit and loss statement, and b. A bus~.ness License ana~vr a ..~...~..a....--- license, if required. ~ -~ l0, Zn general, work for family members or relatives should be discouraged, unless the inmate can show that the inmate worked for them before incarceration. Use discretion on these requests. Il.. The inmate shall be covered by worker's Cornpen- cation insurance or~,. if self- employed, by com~aarable insurance coverage. LI.. PROCEDURES FOR WORK/SCHOOL FORLOQGS COORDYNATOR A.~ The following; are suggestions for- the Work/School. Furlough Coordinator: 1. Provide an ample supply of "lead sheets" for inmates through booking office. {Attachments "A" and "B".} 2. Contact employer, verify fob, hours, salary and any other pertinent information. Contact school to verify F3nits. hours of attendance, and other pertinent information. Make sure employer/school is aware the person is in fail and is familiar with the program. 3. Check applicant's booking sups,. court orders. and. 1/ fail file as well as for possible warrants, holds or additional charges. with many local criminals, it is wise to check Investi- ~~ K t~ _. gations to see if-they have an ongoing investigation in process or other information Investigation may have. 4. Verify insurance- on transporting vehicle and obtain copy of policy. if possible, when inmate is interviewed. 5". Verify operators license as being valid, 6.. Contact Probation and obtain a copy of probation report.. If inmate is in on violation, ascertain if there are objections to a work/school. furlough program.' 7. Interview each applicant, covering the information on-the lead sheet. 8. Have applicant sign I.A. card. release of infor- ma.tion, money deduction form and have picture taken for I.D. card (attachment "C"?. g. Explain all items and meaning of the duplicate "Inmate's-Agreement"' (attachments "D" and "E"?, before inmate signs the agreement.. The duplicate copy should be retained by the inmate. Explain requirement to pay room and board for days employed. -- l~. A typed copy of the lead sheet should be placed in the work/school furlough hinder in the mail booking office. 11. A paycheck request (attachment "F"? should be sent to employer. Approximately two weeks prior to termination, a paycheck termination should be sent to employer. l2. A field card {attachment "G"l, with picture,,- should be prepared and placed in field book. - ~,3. If the Coordinator is a probatien officer, he or s~;e will supervise all work/school furloughees wha are in jail. ` ~ ~-~ In addition, any violation or new court reports, .probation and non-probation work/school furlough cases will be done by the Coordinator. 14. Inmates are allowed to make phone calls to locate jobs, educational programs, and conduct related business. Time permitting, the work/school furlough Coordinator may take the inmates to job or school interviews, employer/school offices, and the like. 15. Inmates having jobs or attending school. prior to confinement will.. be processed before those not having- a job or attending school at time of confinement. 15.~ If an inmate is removed f rom the program, f i 1 ~. out,• in triplicate, the "Inmate's Notice" {attachment "H") and distribute. Be sure employer/school- is notified. l_7.. An inmate denied either work or school furlough ~ will be notified either by memo or "Inmate's Notice" of the reasons. l8. weekly lists of individuals on work and school furlough shall be sent all police agencies in the county, and, if - pursuant to Court order, to Welfare Investigation, Family Support, District Attorney, and/or Collections Department, or any other agency as ordered by the Court. , lg. Monthly statistics should be prepared and sent to ail courts and interested department individuals. .~ Zq. In the case of committed JTPA {Jobs Training . Partnership Act? or ACET {Butte County Employment Training} employees, obtain a release from the JTPA or BCET permitting the ~j - employee to keep his/her job and to be released on the work/ ' school furlough program. .The JTPA or BCET employee will also have to sign a release for their pay checks to be sent to the jail.. III. JAIL PROCEDORES p,. Violations of any county Jail rules or work/school furlough rules will be cause-for suspension from the program. i. The Correctional Officer on duty, on observing a violation, will. take immediate steps for its correction and may include immediate temporary suspension from the program. 2,. In-all cases of such violation, a complete "Inmate Incident Report" is to be completed. If an inmate is suspended from- the- program. the- officer aeaking the suspension will make every effort to notify the- e~aployer or school that the inmate will not be available until further notice, . - 3, Disciplinary action against an inmate does not require a rebooking, unless a new law violation is involved. 4. If a Correctional Officer learns of an inmate's arrest and booking while on work/school furlough, the Correc- tional Officer shall notify the Shift. Commander. Tr+~. 5hift Conunander will make the adjustment of records and will notify the arresting agency of the inmate's status and request a copy of their report to .be sent to the work/school furlough office. - 5. After the Shift Commander raceives the infor-~ oration an investigation will then be directed to determine if an escape has occurred. E~or complete understanding of escape incident, refer to #4532 Penal Code. _a_ IV. FAILIIRE TO RETQRN TO FACILITY A. Should a work/school furlough inmate fail to return at the designated time as scheduled, the Senior Correctional. Officer on duty will: 1. .Contact the employer/school by-phone and ascertain if the inmate has departed or is working overtime. a. If the inmate is working overtime. make it a • matter of record in the jail log, and a memorandum to the work/school' furlough Coordinator, noting the conversation with the employer or school. b.~ Should the employer/school advise .that the inmate has departed for the jail, and sufficient time has passed so that the- inmate should have: arrived, contact the., Shift Commander, discuss the circumstances, and proceed as if an escape has occurred. H. Should an employer/school notify the Jail that an inmate has failed to report for work, the Senior Correctional Officer receiving the call will: • 1. Check the daily report as to the time of depar- - tune. 2. Have a Correctional Officer check the dorm, bunk area, and co~epound to ascertain that the inmate is not in custody. 3. If the inmate i.s absent from the jail and has, failed to reach his place of employment/school the Senior • Correctional officer shall follow procedures covering violations of the rules and the inmate should be classified as an escapee, 1 V. VEH2CLES A. -Thee Butte County Sheriff's Department will not furnish transportation to and from work for inmates on the work/school - furlough program.. 1. Inmates can be transported to-the fail from the scene of an accident, breakdown or additional law violations, including ~ail.and work/school furlough violations.. 2.- inmates, who can otherwise qualify for the work/school furlough program, will be allowed to drive their own vehicle to and from their place of employment or school. They w-ill. also be allowed to park in the ~3esignated area for work/ school furloughees. 3. Fach inmate driving a vehicle will be required to hold a valid -driver's license.. The inmate• will comply with the law, by having the license in possession while operating a vehicle. 4.. Each inmate on work/school furlough is required to be transported in vehicles covered by insurance, both PL and PD. Only vehicles listed on the lead sheet are acceptable, and a • violation of this rule means automatic. removal from the program. 5. An inmate an work/school furlough not possessing a valid driver's license is allowed to have another person drive them, who has a-valid license in a vehicle covered by insurance, as in (4) above. _y ~_ • . ~ %_' ' ..~ VI.. VEHICLE TROUBLE A. Should an inmate fail to report to work or school or be Tate arriving to or ~ from work or school because .of vehicle problems these facts shall be logged in on the daily report. ' 1. An attempt should be made tv verify the vehicle trouble. B. Should .the furlough inmate be involved in a vehicle - accidents the Shift Supervisor will be notified immediately and a patrol unit dispatched to the scene.. 1. Inmates on work/school furlough shall be in- structed to immediately report-any breakdowns or accidents which may cause them to be late arriving to work/school. or returning to the Jail.. 2.. Steps should be taken t.o assist the inmate in returning to the Jail s if his vehicle. accident or breakdown cannot be cleared within a short period of time. VII. EMERGENCY PROCEDURES A. The following will generally indicate the position and ghilosophy of the nepartment towards the work/school furlough • programs and should be used as a guide in handling any incident. I. Illness: when an inmate becomes ill and unable to report to work or school the Correctional Officer shall make every attempt to: Notify the employer or school; ~' See that the inmate receives medical attention; ' Note on the inmate report the results of the above. y~ . . B. If the inmate's teacher or instructor desires the inmate to stay longer than the scheduled times, the following will apply: 1. .The inmate is to request the teacher or instruc- for to call the Jaii at least one half hour prior. to the inmate's completion of normal study day and obtain clearance. 2. Should such. a call be received, the overtime clearance may be granted and. the officer is to note the nature of the request and the time the inmate may be. expected to return to the Jail., 3. This information is to be logged in on the Jail Daily ~teport.. 4.. If a teacher or instructor desires the inmate to study weekends, or unusual. hours, he or she should have the teacher or instructor contact the work/school furlough coordi- r nator to arrange times. The. work/school furlough Coordinator should notify the Jail. by memo of the allowance. IX. GENERAL INFORMATION -- A, The graveyard shift will awaken work/school furlough inmates in ample time for the necessary preparations in leaving for work or school. 1, Correctional Officers will insure that each work/school furlough inmate maintains a neat appearance which will include appropriate dress. . ~, Each inmate requesting lunch will be issued one just prior to departure from the Jail. Generally the lunch will be prepared and available in t:~e booking area at approximately ... A630 hours. Lunch arrangements for furlough inmates, other than the normal hours, will be handled on an individual basis. 3~. Correctional Officers on duty will insure that the departure. time and return time of inmates is carried on the Jail Daily report and. work/school furlough sheet. Such notations will carry the name of the inmate and the time of departure and. return. The inmate will be carried on the "daily count" as "enroute". B. Prior to assigning .an inmate to work/school furlough, the Coordinator will, by memo, request that the inmate be removed. from any assigned jail job or detail.. C. In the absence of the work/school furlough Coordinator., all. incoming telephone. calls will be handled by the Correctional. Officer on duty. In the-event the Correctional Officer on duty is not in a~ pos:ition to answer the particular question, the Correctional Officer will: 1. Advise the party to call back at a time when the Coordinator would be on duty (0800 - 1700 hours, weekdays) at 534-4545. 2. Refer the calling party to the Senior Correctional Officer. 3. Request the caller's phone number and name, and advise that the work/school furlough Coordinator will call back at a later time or date. ~ .. • -~._ LEAD SHEET , ate Rec ~ d .~ , , r _ ~ FURLOUGH ... ~ ~~pkin :.ate.. .. _. ~~ Ffle~o. .. A..;.. ~• Homr Aadreaa Floors phone No. lnmaa Name .- .. . iuiair or. i"emale . AQe Datrat Hlrslt - , ~ P1acr of Bitty ~ .. _.._....__. .... _ ..__._. .. _.. _ _.. _ _.._. . . • ~--- -~^ ~ CouR Acttan No: CouR Saatencr. Reoaivad From 3ttd~ . aispasitlon (Sentence ~ °`~° at ~"~'~ ~r Cgnrrieted of _ nmatie rZVerrs .c• ~ Namr at yyita/~abartd girlfri@n Narrre of tttiidtert grtd ~ Reiativr {Rriauwranrar ~pioyer (Pali Haatel Name of guslness of Finn Inmate Social Security Flame Addtass Florrtr Addteee Flame Addrosa yome Address Address Typr of i"rnployment #Aeana of Transportatiae [ Ctr~,v@ x' Vdtide -- Yea Type Catot veliids in~nc~po~.icy - Orlvers t.SCen3a nw work }iatats $~ days of week A~ dying you to worm. ucenae No. Agent , Company, Aactrsss the above ~ob~ Reieaar Datr ' Home Fyne No. Flomr Phone N0. Rome Phone N0. l-hoasa Photse tVo. Phonr No. pay Rate ss & phone number of pe • ~ Reg. owner Phone Ala. of agent ve you bees wor~c~.ng Amount Owed Flow paying lndabtedn::s tTa witontl ,~ _ ! R~1lAFiKS: Needs lunch. Yes„~~ iv'o„~,_ START D~TJ: On Probatifln: Yes~,_ N°.~.._. T~~ OUT Probation Off: T~fi' IN: Paying Child Suppc;'t : Yes_,,,,_ No~ Lays of ~eQ:~: Spouse on ::elfare: Ie3~..__.. NO_ n+.t,..... .~,,..a ~ .. - _ .. . __ ;mot .....• -• -- - -- ~. ...~ ' ,- .~ ~ ~ `CHOOL FURLOUGH LEAD SHF~~~ a . _ te r D BuT~rE courr~r s.o. ec d. .r ~ • ~ ~ Hooking ~ '. . .r,. ~A' nmate. me ame a .ess ome one . ge ate a in ace o r e or ema e Dort entente tom ge Dort coon arge onvicte o eatence race ve ate o enten~ our- avers c. our ac ec. .. a ease to .'i .. - our e, us n , ess one um er . or girlfriend ... - -~ ._ :. _ . -sn:.. . A ess ~ .... _ one um er _ a. e tzve a tion• ~ . ome. ss - - _ one um er c o tten ing -~ coo A ess egzstrars h~o • -.'-, ounse. or s. a one um r - um er of nit are taking ucatian for. t year_ st ..eat? previously nit .sears o ransnort at coo were you enro a i:x prior to cumin to ~a~.l? .When? e o or ear= YP ~ "cease um er egistere wn e ns. o icy Agent, ompany, a ess gents p one r vets ic. ~ ow are you financing pour schoo ~.ng? m~ e ~ be: GI B311, Parents, Grants, fork-study etc. Jate ?eg.stereds Writ° class schedule on back of,•' fox St2r: date: Needs Lunch: Yew ^~ No Gr_ Probation: ~'es No ^'ize Out: • ~ Probation Officpr: 'I'imc Wiz: Payi:^.g C:~iiti Ss~yort2 Yes No :• :id~l~ .~~ ~•i:~.~. ._ f!......wna ~w~ `Nd`l ~^!T!1'7 YO ti' TTA . ~ ~~ . . f ~4 ~~ ~~ . INMATE'S AGREEMENT~fORK FUR~.DUGH PRUGRAM BUTTE COUNTY SHERtFP'S DEPARTMENT t, . as a participant on the work-Furlough Program, operating •under Section 1208 of the Penal Code, surd County Ordinance, hereby agree to be governed by the foltgwtng rules artd regulations. ! further-agree that fadlure to obey these rules will result !n my being removed-from this Program, and may result ltt further dlsclplin- ary action. • ~. l hereby assign to the Sheriff, Work-Furlough Administrator of Butte County, California. alt monies to come dus me during my participation on this Program. No deductions are to be made from my check, except for.- [awfully required deductions, unless approved !n writing by the Sheriff. I wiii deposit my paycrieeic or monies earnest with the jail each payday. I also hereby authorize disbursement of this money in tits following manner. a. Deduction of payments for board, roam and administrative costs while t am can#lned in the County Jail. b. Distribute to trm an allowance sufficient for my personal needs while- on this pro- gram. c. Disburse to my family, if any, money for their support and maintendnc8. d._ Distribute. to persons, companies. or organizations money tar payment of outstanding obiigations;~•~ordues>necessary for employment, e. Distribute to the Courts, Family Support and Coltectiorts money to satisfy existing tines qr court orders. 2. t will Rot go to taverns. iiciuor stores, restaurants ar pietas where alcoholic beverages are the primary item of sale.. - 3. 1 wiii not consume, take qr accept; arty alcoholic beverages, medicines containing alto- hol, or controlled substances. without a prescription. • 4. I wi ii go to and return directly frorn~ my place of employrnarrt or school campus. If #or any reason,. l am delayed and cannot return to the ©etentiort Facility, l will notify the Sheriff's Department AT ONC>=-and. await- further iastructia-s. (534-4471) 5. t wiii not make airy telephone calls at work unless authorized by the work~furiough officer, or unless they pertain tc my worts. S. 1 wiii nqt arrange visits witri my family or friends except at the regular visiting hours at trie piacg of detention, unless authorized by the work furiqugh officer, 7, 1 will not return with any purchases unless authorized by fire work furlough officer, nor wi•11 I n;ake any purchases or ruing in any unauthorized items or corttrabartd for myself ar ot#ter inmates. 8. 1 wiii obey alt jail rules and regulations and any verbaf Instructions issued try o##icers err duty at the place of detention. - 9. 1 wiii keep my authorized i.D. witri me at ail times as a means of identification and to indicate my permission to be absent from the detention facility, .0. I wiii ride to and from work in authorized, insured transportation and shalt not change my trartspartation without approval. ~ ~ •~ tiAi. T. BAOOKS. Sherif#/Coroner VYork rtir!ough Administrator a~ ~~n.,ram Caordinatcr Witness SigneC . j a • . . 2. Injury:.~ On receiving notification that an inmate has received an injury, the Correctional Officer on duty will proceed in the following manner: Obtain the exact location of the incident, as to .address and directions to the. scene; Obtain all. pertinent information from the caller,. i.e., Hamer address, and phone number; Determine the status of the injuryr as to whether it requiz"es emergency equipment. If so, have the necessary equipment dispatched along-with a patrol unit. VIII ~. OVERTSME EMFLOYiYiENT A. Sf the- employer desires the inmate- to work overtime, the following- will apply: 1.. _ The. inmate is to request the employer to call the Jai.].. at ].east one half hour prior to the inmate's completion of normal working day and obtain clearance. 2.. Should such a call be received, the overtime clearance may be granted and the officer is to note the nature of the request and the time the inmate may be expected to return to • the Jail. 3. This information is to be logged in on the Jail Daily Report. 4. If an employer desires the inmate to work week- ends, or unusual hours, the employee should have the employe r contact the work/school furlough coordinator to arrange times. _ The work/school furlough coordinator should notify the Jail by memo of the allowance. - ~ ~ HUTT.: COUNTY •;~] ~' ~ ~ ~ r. INMATES AGR~~I~Tf SCHOOL F~1HL#~UCii Butte County Sheriffs Dzpt. Prisoner~Progra,mming Section I , as a participant on the School ~'• Fur our rogram, operating un er Section lZ0$ of the Penal Cade, and.. County Ordinance, •hereby agree to be governed by the fallowin rules and. regulations. I further agree that failure to obep thes rules will result. in my being removed. from this program, and nay result in further disciplinary action. 1. I must enroll ia.classes totaling at least nine t9) units of Z~. I will. furnish the I~ork Furlough Administrator with a copy of my Class Schedule.. ~~. 3.. I will go to acid return directly from the. School in which I ~ • - eiu•alled unless ~ author ized otherwise. ~.. I: will ride in approved • insured transportation or the school ~.. Tf for. any reason I am delayed and cannot return to the Deten~ Facility (Jail),. I will. notify the Jail (53~.-t}1~?1) zztd. a:~rait instructions. ~..' I. grill. not go to taverns, restaurants or places •~rhere alcohol: • ~ beverages ar. a sold.. T«: I. wi11 not drinsc, take or~ accept any alcoholic beverages, mad: containing alcohol or narcotics of any type. $.. I will not make telephone calls from school unless authorized, ar unl"ess they pertain. to mp schooling. 9. I will not arrange visits with my family or friends except dui regular visiting hours at the. place of detention (Jail). 10.. :will obey all fail rules and regulations as well as verbal instructions of officers on duty at the place of detention. I.3.. I •~r 11 not return to the glace of detention with any purr~:ase not authorized or make purchases. for other izu~ates. 12. I will keQp identification wfth rye at all times to indicate permission to be absent from custod1. i~~l s . =B •bo3~'s, Sheriff t~'or~ Furlough Administrator By: Signe~?: Program Coordir.24or inmate fitness Dave: i ~:?. Z!t t ~ '.:. RE:. DATz: Dear Sir.: The above named individual is a participant on the Work Furlough Pz~ogram of the Sheriff's Department. He leas been sentenced by the Court to the County Jaii, and is- pea~tted to ~brk at his regular occupation, but noaxst spend. all of his non~,~rking Imur~ is jail. T9ie~, purposes of shis is three- fo~ld:. - _ 1. It reduces the. burden on the -taxpayer in ;hat the indiridual . . supports his own family, rather than having them oa the.. County.Welfare rolls. ~. 2. The emp3,oyee must. pay $5.00 per day while in jail m offset • the cost of feeding anti housing. , . 3, iv':zen the man is released, he will Nava a job, which is a great assat in the ultimate rehabilitation of the individual. Paragraph (E) of Section 1208 of the Feuzai. Code States : "THE F~itNItvGS aHALI COi.LEC'~ BY THE WORK-~JRLOUG$ AD~~iINISTBA'i'OK, AIv~ iT SHALL BE THE DUTY _ OF THE ~!~1S0'1iFp' S II~iFLOYFR TD TRRISSI~]IT SiJCA W~.CES 'i'f} THE AJc~tITJISTi~ATOR AT THE L~TTFR' S t~EQIIEST. " . Thereforo, in accordance with this section, the Sheriff, as k'ork--cLtr3nugh Administ;ra~r, r+aque3ts that alI wages of rite employee be sent to thz Sheriff's Degar~nent until further notice, This is not to be regarded as G attaci~ment of your employee's wagas, but a raquest ror his earnings tv be placed in nis account. F ~ ~~ , ~„ Dear air: • P~.case utakz payroll checks payable to tUe eanplayee and mail to Butte County Sheriff's Dapartinant - ATN : Inmry to Arcvun is 33 County Gertt~:r Drive arrsville, Ca. 9595 wN sincerely appreciate your acsept:ing this man for e~aplo}~ment acid will lie wost happy to further explain our program, if you sc~ request. Phase notify the jail X534-4471) Iii?~IATELY, if suirject does not report far work at' t}:e scheduled -time . rar athar information. can.tact the Work-F'urLaugh %oordir~atar at 534-4545. :~ ~ Very Truly years, . HaI T. Brooks Sheriff-Coronzr~ . ~~ . ~ By '~farrnn Russcl3 1~rk. Furlough Coordinator • ~ n .c .~ J• Name• ~.~/ Court• Fife No• . izmptoyerlSci:aot: Addrexs: -J _ r. - ,,._ Supervisor/Contact Person: Phone: ~ Offense: Sentence• Darn' - Release Dater Work Furlough: Start date: Out time: 1n time: .{ . ..-. '~ On Probadorr: Yes_.No „_„__,~,_,_Foretrai,r Court ,._,,,,~.~,. 5up+r. Prob. Qff.' 4NageslEarnings: Per _ Paid: Cai1y.,,,,,,,•~~Weslcfy~~3irraaicly Man~'sly Payments: Reimb. (includes roor:a & boardl Family SugpaR through D.A. Restittitian F'sna Ciher , I Transportation: Vehicle: .,.. License No. Op. Lic. +'`.a. Req. Owner tns. Ca. 8c PoI. No. w•oat•~ -~ - r '~ :~ :; ~- Inmates Home Address: .Phone Ikl~drit3l Sta:uS• tiVife ar Girl#rlend: Address• Phone: (}ther Relative: Address• Phone ClTanges in ErnploymeRt ~i Np~v of iUlodificatior:s in Court Ordars: Additional Notes- .~. • - -~i i ,~. ,. .~ -- 'ilti • - :~ +€~ .~7 ~ ~. •-i~ .. .~...~ -- ~ ~ ~~ !~`~ •'~ j Fey .~ +` ; . ~ 1 ~ ..•:a ~. r ~~~TTr' ~(`I;i+:T ~' fit 32FF' c ~~F +'. TC; F Z~,1~1: ]~:1 E 3evi ~.sed ' Ca:~ce; lad ~: far t:~e follotvizg reasons: 'you ere hereby nat~f.e3 that yaur Sc~:aal/'•'=or?~= Fur? au~h nr~.-r~.lege or a pal= c3t~. an :gas been 7en~ed ~~ ~e^r.3tatzd !.'arren '~usse~ ~. ~ Pro~et~on Cff~.cer .., ~- cc; .~z~e irr.:a ~Y ~31~ . --.r^r~ ~~ r~ F:;1:' ? ~ d ~:: -~ • AUTH~~ ~TIDN Ft~i RELEASE OF II~~ ;'~~ATIOU, SCHQO~ ~~ ' f t ~ - Regarding: Fro~u: • Date: ~ • I 'rereby authorize the .pork Furlougi~ Ads~inistrator or his agent to Qake whatever contact and. imrestigation 'ha deems necessary to conf~.~ t::e information supplied-concerning ay school furlough apalicatior. T'r•~is auLF.orizatian includes contacting the school, ' or any other sour and t~ authoriztian for these sources to release all confidential recd= ds ar.d information concerning m',rself, :~hich would have a bearin; oa ~,y eligibility for- the school furlough prograa. 1`his cansant is sub jec : t o revocation at ary t3 ae and will in nay ey: e.~ire autoaaticalLy upon release frc~nz custody. s to :en t signature 1.. Date en~alled: • 2.. CI35seS and. hoax's registered fo= present cuarte_~- or seines:.: _~~ ~ - - . ... ..: - ~ -_ • 3 . ~ Address g;~~ren on registering: ~, Has the stude:zt been er~~vlled iz this or other instituticc of hiQhsr learning in the past tiro years? ' • ~ iihe:'e ~:~+er . 6. Ct:per lafcr~ac:.o.t: ~ ~? :sr:i ta: ~Sn'.%e CFOi:. st7~'cJZ~l 5y.b:I~ i.'..'w"a .5C C? t_e O:. SC:It70.'. ;"~ 1 . ~ ..sL ..•. ~. _ .?r ~. . . ~ ~ _" `.~ " :~ ~tKN~N~ S COMPENSATION . ~:PLOYER S VERI~.CATION OF E~'U'LOY~~PiT AN'U ,~ . ~.,... r... ~,,,........ _ _ -El~°LQYERr ~ TIC ~ FOLLOt~ING Il'~FORZ~iATION ~IS REQUESTED FOR ~~~PURPOSE3.OF PLACING • :-~::~:-:.... . - INDIVIDUAL ON Z~~ORR: FURLOUGH AND VF,RIFYING EI~+~LOYMENT. ...~ ~ ..._:..,. ~" ~ ~~''~..... _ FILL OUT CObL~'LETELY SAND. RETURN TO THE Y10RK FURLOUGH=COORDINATOR .~.~ . ~ AT THE BUTi~..COUNTY JAIL. '• . • ~-• • -NAME OF P80SPECTIVr~ EMPI:OYEE: ~ - ~ .. .. . ~-- ~EMPLOYER ~ S NAME • . ~... - - - . _~ - ., •:. _~ _ . ~ -~ . - ~ ~ HOME ~ -PHONES ~ •- - ~~Hfl1~E .ADDRESS. OF EI~IPLOYEH~ • ~ ~ ' ~ ~ ' .NAME OF BUSINESS , FIRM Oa RANCH: ~ ~; --ADDRESS: ~.. - ~ ~ ~ '• _ _ - . BUSINESS PHONE ~ E'N~PLD~E i~10RK HOURS : . - . ... ~ ~ ~ - .. ~ ...- . . .:DAYS PER. '~rEEK:. ~ .~ ~ ~ ~ - ~ PAY: PER PAID: DAILY -^ .~1EEKLY ~_.....-. BI.'~KLY .. N~ONTHLY CTHEP. __-r__ ~ ----- _r..._r ~~,•~ORKI~D~~'S~ CCb~ENSATION: REQUIRED FOR INMATE EI~~'LOY~S. TIDY ;'TILL NOT B; RELEASED UNLESS THE. FOLLOt~ING 2NFOR3-iATTON CaN 3E. VERIFIED. ~ . ~LOYER' S INSUR~ICE- G~RRIE$ - _ ' .. ..A3JDRESS - . _ ~ ......... .. PHONE #~ OF AGEI'ZT ..~ _ _ _. . - POLICY ~ IF~ xNfl:•3N C VL^lt'w NTu FILL CUT OLZI IF ~U'LOYER DRIVES ~+~'LaYEF- TO nP1D F3^~r~ Jn2L: VE?fitCLWF '!''R ~i•FS' iR~CIIft FURLCUGIS :~iJST EE INSUZrD FGR PUBLIC LIABILITY Ah'D P?4PERTY D»~•tMGu. ~rsHZCLE ~ s } Y~R ~ rx.~x TAE ~ cOLOa VEiIICLE LI4ENSE ~' DRI'~.~RS LICL~tSE r~ REGISTERED GY.^iER t~+~ ~EI~ICLE: INSt*:? ally Cr PQLICv ~ CGt~ 4i:Y ~GEP~T --- i1~DRESS ...,..,~ PH.;~ ~+u;t'K iCJ r CR ;a CUES'~*~'NG PLnCE:~r~ CF ~;i Ii~~n~ :::'~ :.~:F.i{ FUP.i.OUGH. PLEASE ~T : r. r^ ter, r• --•r*r ~C'f'_THE ..C?~K FT.IFtLGL'G:~ _ ..~. ....._. ._ 1 ,.,.. _. _ ~~~~.~~,,~,, }} ~~ ~' ~ ^ w 4 ~ ~ { 1 ~l.L ~~5 ~~ Ti7LaLia h$ri hiY 1 :~: t: ~.i. ~.:~ Z t • Si lti~i ~trJ~ ~ C't~ ~ . ~: •_: ~. - ~. :~ :~ HALT. BRt~4KS SHERIFF • CO[tOHIER 33 Cow~tr Coster Drine - Orovitle, Cali faraia 9396:1 TeleghaRC: 916/33:t~3-t PLSASE REFER TO FILir ti0. WORK FURLOUGH PASS FROI~i BUTTE COUNTY JAIL Tp; ~ Whom It May Concern SUBJECT: Inmate DATE: • The above named inmate pursuant to Secti.an 1208 ~d), California Penal Code~and Jail Rules and. Regulations is granted a hour pass. This~..pass. is effective between the hours of Upon termination the inmate should return to fail unless more time has been. authorized by the ~aii. The-inmate.wi3.I. be traveling to; (Citp~ and. can be located at: Phone # purpose of the. pass is: . Transportatiaa: This pass is good only in Butte County unless stated otherwise. I have read and understand the following: No alcohol ar narcotic will be consumed, possessed. or used. All laws will be ooserved. Failure deredtan escaMeeand maytbehpcuv.shedpasisuch pervPenal1Ccad be consi P Section tr532. i 4 1 Hy accenting this pass, I agree not to leave, the State of Califor If apprehended outside the State of California I hereby voluntari waive extradition proceedings and will sign a waiver of extradite /• • Approved { inmate a~e ' or ~or ur ou A znistrat ti~l ~- • '` ,. EXHIBIT 8 BUTTE COUNTY SSERIFF'S DEPI~IRTMENT . Departmental Order No. 5309 BUTTE COUNTY JAIL PRE-TRIAL RELEASE PROGRAM NOVEMBER 1984 I. GOAL= The Pre-Trial Release Program was created to aggressively obtain release- from the Butte County Sheriff's custody, as soon as possible., of arrested persons pending ' judicial action rn the County courts- who gossess character-~ istics, under established criteria, which indicate- they will appear in Court as directed while. their matter is being adjudi- cated, In order to perform its function,- this program provides for a 24-hour coverage at the Butte County Jail. II. 'ORGANISATIONAL STRUCTURE A, GENERAL - The Q.R. Pre Trial Release Program organiza- banally is assigned to the Incarceration Division of the Butte • County Sheriff's Department.- The program functions under the general direction of the Jail Commander. The program is specif - ically responsible for providing jail release services to pre-trial defendants and providing defendant information and screening recommendations to the County`s judges. B. STAFFING DUTIES AND RESPONSIHILiTIES -- Program policy is implemented by a Program Manager who i.s appo;rated by the Sheriff. The Correctional Officer classification officer is assigned during each of the three shifts in the jail in the ~~ +• absence of the program manager to implement this program. This classification officer will be the Senior Correctional Officer in charge of the shift. -The duties and responsibilities of the staff includes: {~,) PROGRAM MANAGER - The Program Manager plans, organizes, and coordinates the activities of the O.R. Pre-Trial Release Prograia in the interviewing. fact finding, and coordina- tion processes involved in releasing accused defendants on their own recognizance before trial .• The program manager interprets rules and regulations to staff and coordinates the program's activities in the local. courts and. assumes responsibility fvr the development and maintenance of all applicable. reports and records. Thee Program Manager is also responsible for training the: Senior Correctional Officers who assist him. or her during his absence.. (2) CLASSIFLCATION OFFICER - The classification officer-is either the program manager, or Senior Correctional Officer in his or her absence. who interviews persons arrested for an offense and gathers and records background data to assist • the judge in determining if a person is eligible for release and confers with the on-call judge for release authorixation- gII. PROVISIaN OP INFORMATION- The foi~.owiaq type of information and issues of confidentiality will be strictly observed by the program manager and his alternates. A. T4 THE DEFENDANT - Infor~aation wild. be limited to that within the reasonable purview of D.R• releases; specifically -2- . ~ :~: .. excluding that which may be construed as legal advice or predic- tive of court action.. B. TO THE CRIMINAL 1i1STICE SYSTEM - Objective information will be provided to the court in a given case. C. INSTANT OFFENSE INFORMATION -.The program staff shall nat discuss the details of the instant offense. D. GENERAL - The general public will ordinarily be denied case specific information,. except as authorized by the Public Records Act. IV.. STAFF-SELECTION AND TRAINING pi. The selection of the. O.R. pre-trial release program manager.-will be made by the Sheriff under Butte County persannel rules and: hiring procedures.. Class ificativn officers will be~ the Senior Correctional Officer on duty. B. The qualifications of classification officers should include; (~,) gave prior knowledge and related experience in - related areas. (Z) Have worked at least six aaonths as a~ Correctional Officer. {3) Have worked at least four to six months in booking to include identification. (4} Have knowledge o€ and be able to use the records- available in the records and identification bureau. (5) Have-the ability to express him yr herself. (f} Have the ability to deal effectively with the public, inmates and other officers. ~-. aaFF ~yl C. Training for the O.R. pre--trial release program manager and classification officers shall include but not be limited to the-following: - (1) Review of eris is. intervention training: which is part of Jail Operations training. The areas of importance are: (a) Handling of crisis situations; (b) Ability to calc~ people to a rational level to open lines- of communication; (c) Alternative ways to handle- those being interviewed; (d) Referrals to outside agencies; and (e) Conducting a brief but thorough interview. (2) Monthly meetings and tra~.ning update sessions shall be scheduled to accotaplish the following: (a) Review of procedures; (b) Discussion of special problems; and (c) New procedures training. _ (3? Constant update and monitoring to be done by the . program manager and jail commander. D. All classification officers will participate in a program orientation which address the mayor components, goals and ob}actives, and general operational procedures and practices associated with the program. The orientation will be conducted by the Jail Commander and Program Manager. each classification office r will *°ceive an individual copy of the program manual as part of the initzal training. -4- ~ 9 V. LOCATION OLD THL PRE-TRIAL RELEASE PROGRAM- The pretrial release. program will operate 2.4 hours. a day, seven days a week at the jail complex located at 33 County Center Drive, Oraville, Ca 1 i f orn i a . The manager and classification officers will handle both the interview and verification of background information used in considering immediate O.R.. processing for both males and. females booked into the-main jail. V;. BASIC PROCEDORE - The fol2owinq describes the activities and basic procedures the pre-trial release officers will follow when considering defendants for an early release pending court disposition of the arrest incident: A.. ARREST AND gOORING - The arrest and hooking procedure currently followed at~ the~-j~ail starts the initial procedures and practices undertaken by the~O.R.. release officer. The arrest and booking report and appropriate bai3 determinations are. made by booking officers and turned aver to the classification officer.. The first step the classification officer must undertake concerns the completion of the interviewer log which is the 4.R. pre-trial release program's basic source of data used for monitor~.ng release trends and practices which occur during each shift at the ~iazl. The classification officer must complete the following inEar~ation vn each arrest that they consider: (1)~ Booking number; (2 } Name ; (3) Date of birth; (4) Charges; (5) Time booked; f ~~':~ ~J ~ ' {6) Time of interview; (7) Offense category; (8) Arresting agency; (9) Interview record;- ' {l0} Release disposition; and (11) Court date assigned. The interviewer log is always maintained at the program office located in the main jail. Each officer conducting screening assignments is. responsible far completing the information on each defendant they process ._ At .the start. of each new shift the classification officer must sign and. date a new page of the interviewer log, which designates trie activities that. occur during - -that: particular shift... 8. CASE CLASSIFICATION DECISION -~ One of the first assignments the classification officer must undertake is the determination of: {1) the initial case classification; (2) the arrest incident; and (3) which classification defendant comes under with respect to making initial release decisions. All arrestees booked into the Autte County .Jail can be categor- ized into one of the following four detainee groupings: GROUP ~l -- Non-eligible felonyfmisdemeanor release. These are: detainees identified as €ederal prisoners; no bail hold; parole/probation held; out-of-county felony holds; or valid _ court orders restricting pre-trial release. -6- J GROUP #2 -Citable/Release misdemeanor cases. This includes detainees arrested for public intoxication {fi47f P.C.). and ail other defendants arrested far a misdemeanor crime-that qualifies under the county's 'prior-FTA* policy. GROUP- #3 - O.R. eligible-cases. This includes all. felony detainees except 167 P.C., other non-~eiigible GROUP #1 felony cases, and misdemeanor arrestees not released on citation. GROUP #4 .. Misdemeanor/felony bailable- This includes all- detainees. not released on felony O.R./misdemeanor citation. Also includes defendants xefused 0.R.. release by the Court's duty and arraignment judges.. C. INITIAL RELEASE. DECISION - Depending on the arrest. grouping classification- described above, the second step the . Pre-trial Release interviewer ~is concerned with centers on initia'1 release decisions for felony/misdemeanor arrests that fall, under GRO[IP #2 and GROUP #3 categorYes. Each classification ,staff member first must screen defendants' booking information to determine whether he or' she is eligible for a jail citation release. If the defendant is eligible, a citation release is prepared by the Classification officer and must be signed by the defendant.. xhe-current eligibility criteria far a jail citation release for misdemeanor arrests have been established by the Sheriff's Department Operation Qrders described below: All. persons arrested and charged •Kith• misdemeanor crimes, to include all warrants of attest and ~'TA bench warrants • shall be released by citation-, no matter what amount of-bail is as.s igned. _7_ ~'~ ' ~ ~ . • (I) in-county fresh arrest, arrest warrants and FTA -bench warrants shall be released on the standard Notice to Appear Citation form. listing (if a warrant arrest3 the warrant number and the Repository iD numbs r (SAO0000~0} in the descsip- tion of.violation area. (2} Out-of-county m.i-sdemeanor warrants shall be released also using. an 853.6 P.C. release form like the one: attached as a sample, filling in all appropriate spaces and boxes also listing the Court nanee and address where needed. EXCEPTIONS: I£ the• persons has three or more active FTA warrants.. the person shall-not be given a citation release on any of the misdemeanor charges. he/she . is, being held. for, 'but. the persan shall be allowed to secure his or her release using all other existing procedures. D. BOOKING xNTERVIEW - The- third step of the process involves the interview and verification of background information on all GROUP #3 cases. The information obtained during the. interview, (which primarily relates to defendant's residence and employment history, family ties and prior criminal record), is verified by the Classification Officer through defendant's references, whenever possib~.e. However, when information cannot be ve rified within a reasonable time, the on-call judge shall, nevertheless, be contacted. If defendant is active with a Parole agency, probatian department. or diversion program, the officer in charge is contacted for hfs or her comments on defendant's n • + release on own recognizance. Once the pre--trial release officer has verified the information, the results are scored on the basis of a point system which is designed to measure comparative stability of the defendant. E. PAINT SYSTEM - Recommendations for release on O.R. wall be based on release criteria using a pre-established, point- scored questionnaire that determines pre-trial release eligibil- ity in terms of community ties,.. employment patterns, severity of offense, record~of prior. convictions, or other factors associated. with acceptable.FTA rates or other. community safety- issues. These criteria will be periodically reviewed and revised as necessary. tinder. initial policy guidelines, defendants must score at Least five points •on the point system in order to be consid- ered for an O.R.. release. (See Point. System Section for other release criteria). Irr.his or her discretion, the interviewer may call the judge with his or her recommendation even if the defendant does not score five points, g. JUDICIAL AUTHORxZATIflN - The fourth step of the process involves the s~:curing of judicial authorization in deciding whether the defendant will be released on own recognizance or required to post bail, or whether bail may be reduced. An attezapt should be made to verify all information on a defendant prior to calling a judge. Call judges en alI GROt1P ~3 arrestees. All harne and office, telephone nur~hers for Butte County Probation Officers will be located in Jail Office Wlteeldex. -9- VIx. BAIL BOND PRACTICES - Pre-trial release neither advocates nor discourages the use of bail. bond practices. Pre-trial release employees are not allowed, to recomzend a specific bonding agency to a defendant or a defendant's family, ,nor may employees provide information regarding defendants to any bonding agency or agent of same. If a bondsperson arrives while the screening interview is in progress, the jail personnel. will notify the defendant. The defendant may choose to finish the interview or to terminate. The screener-will exert no pressure or influence on the defendant. The defendant may terminate. an interview at any time to-either call a bondsperson or to accept an arrange- ` meet. to bond. gIZL.. COURT REPORTS _ All. of the original .interview forms containing- the background information about defendants will be arranged in an alphabetical listing by the pre-trial release clerical staff and sent to the, appropriate court. A copy will be retained at the jail. Formal court reports will be prepared on those cases immediately released, and ensur~ng that they are given to court personnel to be used at the time the defendant is initially arraigned. {See Interviews and Court Report Section of Manual). Yg. PRE-TRIAL RELEASE PROGRAM POI SCALE A. HISTORY 4P PDiNT SCALE - Pre-trial release agencies interview defendants, using objective criteria to determine whether they should recommend a particular defendant's release on his/her own recognisance ro the court. The techniques gene ra~.ly . - ~f~~J . .used to make. this determination is a point scale. "Point scale" is generic term for-the various adaptations of the original Vera scale. A number of items dealing with a defendant`s ties in the community (e.g., employment, residence, and family ties) and relevant criminal justice factors {such as prior record, current charge or prior bail violations) are included in the scale. Normally. a defendant is given plus or sainus points for each item. The information obtained in the interview is then verified by- referring to records, employers and family members. If the defendant has attained a certain number of points, a recommenda- tion is made to the. court, for release. Most.. programs will make recommendations only when the information has been verified; - othe r programs simply note on the recommendation to the judge if the information isunverified. For defendants achieving low point totals, programs can make a special. recommendation such as supervised release, custodial care, or work release. Some programs can directly release low risk defendants, who achieve high point totals. The point scale originated with the Manhattan Bail Project in 1961, in New York City, then under the auspices of the Vera Foundation (now the Vera Institute of Justice3. The Manhattan Baia Project interviewed indigent defendants using a questionnaire to determine their community ties. This process was based on studies by Heele and Faote suggesting that defen- dants with roots in the community were more apt to return far their court dates. when the interviewers verified inf orrnation indicating strong community ties, they recorn~ended the defendant be released on his/her own reaogni~ance. Because the first :~~ interviewers had difficulty in making subjective assessments of defendants, an objective point scale was developed to provide consistent evaluations of defendants. Defendants could be recoa~n-ended for release. on recognizance i.f they had a New York address and five points in the following categories: prior record, family ties, employment or school, residence and discre- tionary point. Recommendations were made on the basis of verified. points.. B.. BUTTE PRE-TRIAL RELEASE CRITERIA - The point weighing scale-, which follows,. is used to determine eligibility for pre-trial reaease~. To qualify fora positive recommendation for - releaser the defendant must score five points or more on the qualifications interview. This. interview is to be completed with the desired information or an indication that. the desired inforneation does not. apply. The interview information as to name. address and, where applicable, telephone number,~nu t be veri- fied. All defendants are to sign authorization to verify the interview information. If a defendant refuses tv sign the for~a-, no recommendation for release shall be evade and the Interview Record shall state the reason for negative recommendation. There will be certain situations in which offenders do fit the criteria for release, but who shall, under certain circumstances, be ineligible for a positive recommendation for immediate release through the channels of the Pre-Trial Release Program. In those case, the Interviewer shall state in writing on the record khe reason a release is not recommended to the -~.2- on-call judge» Regardless of the recommendac~.on. Eiia v~.-~~-~- judge shall be contacted to make the determination whether the a rtes tee shall or shall not he released under the D.R. Program, or whether hail may he reduced. -13- ,~ •f -. ~ DISTRIBUTION OF POINT5 ON RELEASE CRITERIA RESIDENCE STANDARD POINTS +3 PRESENT RESIDENCE 1 YEAR OR MORE +2 PRESENT RESIDENCE 6 MONTHS OR PRESENT AND PRIOR TOTAL 1 YEAR ' .f.l_ PRESENT RESIDENCE 4 MONTHS OR PRESENT AND PRIOR TOTAL 6 MONTHS p PRESENT RESIDENCE LESS THAN 4 MONTHS OR PRESENT'AND PRIOR LESS THAN 6 MONTHS OR TRANSIENT FANfILY/COMMUNITY. TIES STANDARD POINTS +3 LIVES- WITH FAMILY MEMBERS (I.E.. SPOUSE AND/OR CHILDREN) +2 LIVES WITH FAMILY MEMBERS OTHER THAN SPOUSE. AND/OR CHILDREN OR LIVES WITH NON-FAMILY. BUT MAINTAINS REGULAR Cp~ACT WITH FAMILY (WHO RESIDE IN AREA} +1 LIVES WITH NON-FAMILY AND DOES NOT MAINTAIN CONTACT WITH FAMILY, OR FAMILY RESIDES OUT OF AREA 0 TRANSIENT OR LIVES ALONE WITH NO FAMILY OR CLOSE-~ERIEND CONTACT -I4- .~ _ ~` -cr ~:J + EMPLOYMENT POINTS STANDARD +3 PRESENT . FULL-TIME - JOB { 3 2 HRS/WEEK ) FOR ON E YEAR, OR FULL-TIME STUDENT (12 UNITS OR MORE OR 3~l HRS OED TRAINING PER WEEK} +2 PRESENT JOB 4 MONTHS OR PRESENT AND PRIOR JOB TOTAL 6 MONTHS +1 PRESENT JOB LESS THAN 4 MONTHS OR INTERMITTENT WORK DURING PAST YEAR (AT LEAST TOTAL OF 4 MONTHS PER YEAR) OR UNEMPLOYED,- HUT ON PUBLIC ASSISTANCE, UNEMPLOYMENT INSURANCE, SOCIAL SECURITY, WORKER'S COMPEN- SATION, ETC. p UNEMPLOYED/NO CURRENT MEANS OF SUPPORT PRIOR RECORD STANDARD POINTS +2. NO PREVIOUS ADULT CDNVICTIONS +~ 1 PREVIOUS MISDEMEANOR CONVICTION 2 PREVIOUS MISDEMEANOR CONVICTIONS: OR 1 FELONY CONVICTION _~„ 3 OR MORE MISDEMEANOR CONVICTIONS, OR 2 OR MORE E'ELONY CONVICTIONS -15-- t~ ~ ..~~ DISCRETIONARY POINTS +1 A PERSDN WOULD GENERALLY. ONLY BE ASSESSED AN ADDITLONAL POINT HERE UNDER EXTREMELY UNUSUAL .CIRCUMSTANCES, E.G•. SEVERE. MEDICAL OR' DENTAL ©ISARILITIES UNDER TREATMENT. C. PDLICIES FOR INTERPRETING INFORMATION WHEN SCDRING THE INTERVIEW -- {1) TIME IN BUTTE COUNTY (a) Sutte County residence is considered continu-~ ous~unless the defendant 3.eaves the county for a vacation lasting more than one- month. (2) RESIDENCE (a) If defendant lives at two locations at the same time {e.g., cousin Billls during the week. and mother's on weekends), defendant is scored as though 'his or her residence were continuous. {b) Time spent in the hospital, in custody, away at school, and in tt~e military is scored as "dead" time. (3) FAMILY TIES {a) In-Laws are scored as family. (b) Half-brothers and sisters are scored as family. -16- -~ '-~ '-~ (c} Children under 18 are. scored as family so long as monthly contact can be verified. D. CONTACTING REFERENCES (1) Identify yourself and the purpose of this contact. You need to verify information to be submitted to the Court. On the basis of that information and the charges involved, the Court will either release defendant on Qwn Recognizance or will set a bail figure.. Dfl NOT reveal charge.(s} to the reference unless. he ~~ or she. is the person defendant lives with and there. is not a notation. on the interview indicat- ing. otherwise , DO NOT suggest that. the Pre-Trial Release Program releases defendants. D4 NOT exaggerate the likelihood of O.R. for a ~~ particular defendant. Thus, if the charge is a serious crime, you should indicate that the infonaation they are. verifying will be used in setting bail and possibly in qualifying defendant for O.R. -i7- .~ . DO NOT discuss the process- through which the ~~ Program arrives at a decision to recommend - name~ly, the point system. (2I Verify the- information received fror- defendant during the interview. The reference's answers are recorded in the verified- Score Column on the interview sheet. I~ different answers are given than: those provided by the defendant, the answers are noted EXACTLY and scored appropriately. DO NOT TELL THE REFERENCE THE ANSWERS PROV'II3ED 8Y THE DEFENDANT AND ASK IF THEY ARE CORRECT. INSTEAD, • CONDUCT THE VERIFICATION IN THE SAME MANNER AS THE INTERVIEW, AND SCORE IT AS SUCH. (3? Ask the reference the fol~.ow~ing two questions: . (a? rs there anything, in your judgment, that would interfere with the defendant making his/her court appearances? All we are • interested in is comments about defendant`s ability to get to court. (b~ WiII you be a means of contaG4 with the defendant if the Pre-trim. Release Program loses contact with him or her2 This question is especially important in cases where the defendant has no home telephone. (c} Read the comment you intend to use bac4c to the reference to be sure he; she is satisfied with it. -18- e (~} If the defendant is on probation or parole, the appropriate officer is to be contacted. In most cases, he or she will be the reference used for verification. The follawing procedures should aPPIY= (a) Identify yourself. Give your name and. explain that you are a classification officer • for the Pre-trial Release Program. {b} Give the- name of defendant, the arresting agency, and the charges involved. {c) Respond to any questions the P.O. caay have. (d} If he or she has not already done so, ask the P'.0.. whether a hold will be placed on ~... defendant. (e} Find out why defendant is on garole or probation {what crime was involved) and what the termination date is. (f) Ask the P.O. the following questions regard- ing re ].ease of defendant on ©wn Recogniz- ance: (i) Do you have any objection to having the defendant being recommended for an O.R. decision? .it is essential that the classification of€icer leave this. conversation having obtained a clear • position €rom the P.A. on this point. The P.O. is either positive, neutral, or negative. -I3- ~~ ,~ y iii? Will defendant make his or her court appearance? Categorizing a response is unnecessary.. Record. whatever comment the P..O. makes (e.g., "He probably will because he has a job and doesn't want to Lose- it," or "i doubt it; she has cancelled several appointments with me."3. tg) Read the comment you intend to use back to the P.O. to be sure he or she is satisfied with it.. NOTE: IF THE DEFENDANT iS EMPLOYE©, ONLY CONTACT THE EMPLOYER AS~ A LAST'RSSORT WHEN NO OTHER REFERENCE IS AVAILABLE. -20- r" ff ` ' ../ ~ ~ ~ EXSIBiT 9 BUTTE-COUNTY SHERIFF'S DEPARTMENT Departmental Ordes No. 5014 AMENDMENTS Departmental Order No. 5414, dated March 24, 1951, entitled pClassification Plan for Inmates" is amended as follows: • ~.. F3elete subparagraph Zh (c} Sexual offenders and (d} Somosexuals from. attachment {1) entitled "Catego.ries of In- mates." 2. Delete paragraph 6 from attachment {3} entitled "Initial Classification/Housing assignment"' and substitute a new paragraph. to read"`"6.. Inmates-who display bizarre behavior, not related to alcoholic intoxication, shall be assigned to a safety cell if not occupied. Biaarre behav~,or can oe aera.nea as self destructive behavior or behavior which may cause harm to or from other inmates or if' the inmate appears to be gravely disabled. In any case of assignment of this nature, the inmate shall be visually checked not less often than each 30 minutes and evaluated. by a physician within 24 hours of such segregation, or not later than the next sick call. •Such an inmate shall be placed in a safety cell only with the approval of t:te Facility manager or the watch commander, a continued retention in such a cell shall 5e reviewed a minimum of every eight t$) hours. The inmate should be transferred to a medical facility designated by the County and approved by the State Department of Health Services for diagnosis, treatment, and evaluation of such suspected mental disorder in accordance with Penal Code ~40I1.6." 3. Delete subparagraph (7} "Known homosexuals or sex offenders for protective custody; {S} "whenever the inmate has 'a serious mental. or - emotional problem;" (11} "Whenever isolation is required for medical. reasons.;" (12} "When the inmate requests. assignment to 'pro- tective custody' when supported by proper ~ustifi- cation;." and, {I4.) "Whenever an~ inmate's personal health and welfare is threatened, (protective custody)," from paragraph 7'a of attachment (3} entitled "initial Classifi- cation/ Housing assignment." 4, Delete paragraph if from attachment (7} entitled "Special Inmates" and substitute a new paragraph if to read: • ~ "f. Mentally disturbed inmates who should be isolated from the general population in acco=dance with Title 1S C.A.C. X1052 (Department Order No. 5014 Attachment (3}, para. 6} because of bizarre behavior and for more observation, should be' transferred to a facility equipped and staffed to handle the problem. See Depart:~ent Order No. 5043 Attachment (10), (ll~, and {12) for transfer procedures." ,: .~ 5. Add paragraphs 2h, i, and j to attachment (7) entitled "Special Inmates" to read: "h.. Inmates who need or~ request 'protective custody' when supported by Proper Justification;" "i. Inmates who are prone to escape," "j. Inmates who are prone to assault staff or other inmates.." r -3- .~ ~# "~. ? ~ ~ ~. ~ `~ `~~ - / o Cf . ~„ C ,' ~ ~] . ~, ~~ ' . ~~ --A ,~ [C .. ~ 11 r ~~ _ ~ ry~~} i ~ c` ~ j~~~ i _ >, ..._ ,.,.-.. jam.:.; ,. ~ ~~ ~ ~ Q ~ ~~ ~i,,ii', {~ JI /~ ~_ 1 _ i ~ ~:. K, u I 1.1 i '' • ~• .~ . ~ ~ 4 `~ ~) EXHIBIT 11 COMPLIANCE SCHED[3LE A, The Sheriff shall implement the terms of this Consent Decree in accordance with the following schedule: DATE, OR TIME FROM COURT APPROVAL OF PROVISION NO. DESCRIPTION CONSENT DECREE VI{B31 Requirement: Transfer to 20 days Shasta County to avoid overcrowding. VI(Bj2, and Requirements Citation 20 days Exhibit 8 Release Program VI~{Bj3 Requirement: Public works 20 days labor in lieu. of coafinement. VI {g) 4 Early Release 20 days ~~{B1 ~, and Own Recognizance Pre-Tria.Z 20 days Exhibit 8 Release Program. VI{g)5 Establish supervised Own .5 months Recognizance Release Program. VI (B) 6, and WorklSchool. Furlough and Parole 20 days Exhibit 7 ~ {By g Meet and. confer with judges. 7 months VII (G} 1, 2 , Areas to be• used only for 20 days 3, 9:a, 4b, S certain purposes. VII{G)4c Library not used for storage 20 days from County s Purposes. compliance with vxI{G)g VII{Gag Disposal of unneedid materials 3fl days and articles in A VII{D) No housing units over rated 1~1J8& capacity . VIStD), and No housing of inmates in dayrooms. 9Q ~Ys VII {G) S VII (J) Extra exercise far single-ce7.1 2fl days inmates. Exhibit 2, Medical and Dental Care 20 days Section 19 ~~ . IV (G) Republication of, instruction in 90 days and compliance with revised departmental orders, policies and procedures. VII {E} li Security for maintenance 2fl days personnel. B. Within thirty ~(30} days o€ court approval of this Consent Decree, the Sheriff shall serve on all parties and the Coordinator a schedule for compliance in the following respects. All items shall be scheduled for. completion and completed within ninety {9fl} days, in the absence of an affirmative. showing of good. cause . PROVISION NO. ~ DESCRIPTION VII(E)3 Clean and paint housing units. VII {E) ~ Clean. showers . VII(E)9 Remove paint. from windows. C. The-County shall implement the terms of this Consent Decree in accordance with the following schedule. PROVISION NO. DESCRIPTION V(A} Print jail information booklet. VI (p,) Complete new facility, gII(E) Designated maintenance personnel reporting at 8:00 a.m., five days per week. VII (D.} Personal storage space for inmates.- Order ~- Install ViI (~') 7 VSI (F} 7 Smoke evacuation - 4rdew - Instal DATE, OR TXME FROM COURT APPROVAL OF CONSENT DECREE 90 days l~lr$~ 4 months 3 t3 days ~ €~ days 20 days fi0 days Temporary smoke detectors w~.ere 30 days €easible. -2- VII (F}7 Permanent Smoke Detectors 1/1/86 VII(F)? Fire Hoses - Order 30 days - Install 90 days, or . as. soon as practicable VII(F)i0 Outdoor Screens 120 days VII(g) Request Telephones. 15 days- VII. (R)1 Intercoms -- Call. for design 90 days - Install ill/85, or earlier if practicable VIL(R}2 Audio Monitor System - Order design 120 days - Install 1!l/86, or earlier if practicable VIZ (R} 3 Walkie-talkies 12 0 days , or earlier if practicable VII (L} Exit Doors -- Order. 30 days - Install 90 days VII- (F} 2 , Study re detox~,fication cells , 8 / 31/ SS yT1. (M) ~ handrails and privacy. screens Exhibit 5 Order law books as needed -- 30 days Install - As soon as practicable VII(N}~ Screen $emoval 30 days Screen~Installation 3D days Acoustical Tile 30 days Panic Buttons 90 days D. Within 'thirty= ~(30}. days of court approval of this Consent Decree, the Courity:shall prepare a schedule of compliance with respect to the following.items. Absent an affirmative showing of good cause, window repa.irs~shall be.schedcled fer completion and completed within 4S days of court approval of the Consent Decree, every effort shall. be made to prevent moisture accwnulation within 120 days of court approval of the Consent Decree, and ali other items-.shall be. scheduled far -3- ;,, .: ::: ;~ - completion and .completed within ainety (90) days of court approval of the Consent Decree, PROVISION NO. DESCRIPTION VII (F)1 Stop roof leaks. VII(F)4 Showers operational, non-skid floor surface,. shower curtains. VII(F)5 Lighting and plumbing in good repair. VII(F)5 Climate-control, ventilation and moisture.. VII(F)5 Washbasins and drinking fountains in compliance with Adm~.nistrative Code; beds/bunks of the dimentions required - by Administrative Code. VIA{F} 9 Adequate lighting. for reading; dim~aed lighting during evening hours. VII. (F) lfl Window repairs . VI=.(G)7 Shelving. F. The~Sheriff shalt obtain the first inspection by the State Fire Marshall no less-than ninety=(90) and no more than 120 days from the court approval of this Consent Decree. G. The. County shall hire personnel, enact personnel ordinances and appropriate budget funds pursuant to the following: schedule: PERSONNEL POSITION, ETC. O.R. Program -- Manager 'DESCRIPTION Begin Recruiting - Hire -~ DATE, OR TIME FROM COURT APPROVAL OF CONSENT DECREE .._.._ 45 days S months Assistant Probation Officer Clerk Eight ($) Corrections Officers ~~SJ Budget Hegira Recruiting - Hire -- Begin Recruiting -- Hire - Begin Recruiting Hire - 3fl days 5 months 3fl days 5 months 3fl days fi months 45 days H.~ For the first six months of the term of this Decree, every effort shall be made to make A-15 available for attorney interviews. I. The defendants. shall comply as soon as practicable with any items not set forth. in this Exhibit, or for which no compliance time is specified by the~Consent Decree. ..~_ :-: .~ . ~ .. PoPELKA, A~LARD, McCO~, JCN~S & HCWi~RD ROAD J POPCLKA BEANARD J. AL4ARp, INC. ATTGR~t~ EYS. A7 I.AW a,11t,IP R. McCOWAN JANCS C. JON[i. JR. OO?IALC p. HCWARp E410EI/E P. I,ANOR6 FRANKLIN C. 60NQONNO, - 9TEPNAH A. pARC!!! . JAhF.S N. 31N4N4 ERLCt NYL MICHAEL d. AGkLRMIAN TlIOMA3 S. 6RA7JER JOHN M. INCiLt: QAYlO A. CENA - NANCY R. SWEA7'T JAMCB G. HYDE AMY L. RAHOALL ORCdd L kAYJ KIYIAI J. T4 LLY NORA V. FRiMANN lil.VflH P. Mt7R1R160N, 14ARC L 7HFJ1 ROBERT. G1R14QDY VINCENT dALWN~JR. PJRfAH G NMME3 pAY16 J. BECNT THELHA LA7f PA44 R. WAL%ER - 9TEVCN-E.WHiTE -AWL p.MAR67'TA JAGK M. HANH[L JOHN P. C.AACOSI - LYHN RENN6RT RICHARD 9.1ilC}fLCR THaNAS +'. DWTEII pMrla R. BIBfCE 601 MONT30M>:R7 STRlCCT' $AN FRANCt~CO~ G-LI FORl+IIA X4111 TGLCP~liONG {41~} 99x~49SSS February 1, 1985 EXPRESS ~ MAIL PERSONAL AND CONFIDENTIAL Mr .. Gerald Lively Deputy Administrative Officer Butte County Administration Center 25 County Center Drive OrovilTe, California. 95955 Re: JONES, et al..v. BR04KS, et al. our File No. 1'9601001.- {BEJTTE) Dear Mr.. Lively:: SAM JOSE QFFlGE I.L4TC9 BAMk 6NIL1]IN6. OIIE AWADEN BOULCYARO El6kTH FLt301R SAN JOSE. CALIFORNIA 95115-00: TELEPHt7NE (408} Z96-13610 OF COUNSCL NON.OINflLJ.CpWAN4 (RET.] Enclosed, please find two copies of the Consent. Decree and Release of Claims for Damages, Attorney.'s Fees aad Costs to be presented to t;ne Beard on Tuesday, February 5, 1985. hlso enclosed, please fi~zd a proposed Resolution ratifying these documents. Yvu may wish to have these transferred to County stationery prior to the February 5th meeting. I will be in Oroville meeting the other counsel vn Tuesday zt 8:30~a.m. I will see you. shortly thereafter.. Thank you for your continued help. Vezy trtt~.y yours=:~ ...._ . Y~~' _ J B:d: pet ~= J' Enclosures