PURPOSE OF ORDER:
To establish guidelines governing Civil Commitment inmates in custody and to comply with the requirements of the Welfare and Institutions Code, Section 6600, Sexually Violent Predators (SVP). In order to abide by state law and Division policy while maintaining the integrity of the Facility’s security and limiting potential liability for the Department and its personnel, the following policy shall be adhered to.
SCOPE OF ORDER:
This order shall apply to all personnel assigned to and/or working in any capacity at Twin Towers Correctional Facility.
ORDER:
SVP inmates shall be subject to applicable Department and Custody Division policies and procedures, Unit Orders, and Title 15 Standards and Compliance Guidelines. In addition, the following shall apply to handling and housing, unless temporary permission is obtained by the Legal Unit, SVP Lieutenant, on-duty Watch Commander, or Unit Commander:
Bedding and Clothing
SVP Inmates shall be entitled to and subject to all bedding and clothing guidelines as prescribed by Title 15.
Upon availability, and as a courtesy, SVP inmates may be issued one extra blanket. No additional allowances for extra bedding or garments.
Commissary
Except as directed otherwise, SVP inmates are entitled to commissary privileges. An excessive, unsanitary, or unsafe amount of retained goods is prohibited. Violation of excessive or restricted commissary goods may be alleviated by the temporary suspension of commissary privileges.
Court Orders
SVP inmates obtain many court orders while in custody; therefore, all court orders shall be reviewed by the TTCF Legal Unit prior to enforcement. If an unverified-emergent court order is received, temporary enforcement shall be at the discretion of the Watch Commander.
Criminal Charges
SVP inmates who commit criminal acts while in custody, may be charged with a crime. If additional charges are imposed, the SVP inmate no longer qualifies for housing with other SVP inmates and shall be transferred to the Men’s Central Jail with the approval of the Legal Unit and Jail Investigation Unit.
Discipline
SVP inmates are subject to disciplinary action if found in violation of jail rules. Watch Commander notification is required for any SVP inmate administratively segregated. SVP inmates shall be locked down in their respective cell and may not be housed with other inmate classifications.
Double-Scrub
Double-Scrub should be accomplished a minimum of once a week.
Food Servers
Inmates classified other than SVP, shall not be allowed to serve SVP inmates. SVP inmate servers will be selected from among the SVP inmates. Inmates selected shall receive disease testing by medical services staff prior to serving food.
Handcuffing
During movement, SVP inmates shall not be handcuffed unless there is a reasonable threat to staff, other inmates, or facility security. Should an instance require an SVP inmate to be handcuffed, a Floor Senior or Sergeant shall be notified immediately.
IRC and MCJ consider SVP inmates as Civil Commitments/K-10's, and are guided by their respective policies. IRC and MCJ request that all SVP’s escorted through their facilities remain handcuffed. Upon returning to TTCF, SVP inmates will be uncuffed.
Hot Water Servings
As a courtesy, SVP inmates may receive hot water servings during AM shift and at the discretion of module staff. Inmate storage of hot water is prohibited. Violation of any jail rule may result in the loss of this privilege.
Inmate Workers
Any inmate worker assigned to clean, serve food, etc., must be of the same SVP classification. To eliminate unauthorized contact, other classifications shall not be permitted in the SVP housing area unless the SVP inmates are secured in their cells.
Legal Material
During a search of an SVP inmate, only SVP Pro Per inmates requesting to secure particular legal material may do so providing the items are stored within view. The legal material is subject to inspection for contraband in the presence of the inmate. Personnel should refrain from analyzing or reading any legal material. Questionable material discovered during an inspection shall be brought to the immediate attention of a Supervisor.
Medical Court Orders
The Legal Unit staff shall acknowledge receipt of all court orders pertaining to medical issues (e.g., diet, physical welfare, health and appointed examination) and log the order in the appropriate SVP file. The court order shall then be forwarded to the MCJ Court Order Unit. These court orders shall be handled and maintained by Medical Services Bureau personnel, and shall not be returned to the TTCF Legal Unit.
Copies of approved court orders shall be maintained in the SVP Inmate Reference Binder. Personnel assigned to the SVP module shall familiarize themselves with the contents of the binder.
Nightly Lock-down
During normal EM shift operations, all cell doors shall be secured until morning count.
Plastic Chairs
As a courtesy, plastic chairs are permitted in the SVP inmate pod and shall not be assigned to any particular inmate. No more than 10 chairs are permitted in the pod at any given time. Chairs will be permitted after the morning meal and shall be removed from the pod at 2130 hours. The chairs shall be stacked near the pod door for removal. Violation of jail rules may result in the loss of this privilege.
Pro Per Status
The TTCF Legal Unit will oversee SVP Pro Per inmates’ issues and concerns.
Property
The same items delineated in “Allowable Inmate Property,” are permitted, except for those items listed in the unrestricted commissary forms. As a courtesy, each SVP inmate may retain a cardboard property box, green property bag and 3 file folders for the storage of legal material.
Excess property and legal material shall be stored at Central Property pending the inmate’s transfer to another agency or jurisdiction, release from custody, or as directed by court order. Upon the inmate’s release from custody, any stored property will be subject to Central Property’s standard storage policy.
Religious Services
SVP inmates shall be allowed to request chaplain services but may not participate in services with other classification inmates.
Searches
A Senior Deputy or Sergeant shall be present during a pod or individual cell search. A search of the entire SVP pod shall require prior notification and approval of the TTCF Watch Commander or the TTCF Legal Unit and a Watch Commander Log entry initiated. When feasible, the Watch Commander shall make every attempt to monitor and videotape any search of the entire SVP pod. A Custody Facility Search Report Form shall be completed for each search in accordance with TTCF Unit Order #3-09-300, Inmate Searches.
A copy of the search form and the original videotape shall be forwarded to the Legal Unit for filing and retention.
Searches - Court Return
SVP inmates shall be searched with inmates of the same SVP classification. SVP inmates are not subject to strip search and/or visual body cavity searches unless:
· The inmate is returning to TTCF after a court appearance, or upon arrival from another facility, state prison, or psychiatric facility.
· There is reasonable or articulate suspicion to believe the inmate is in possession of drugs, weapons, or contraband.
TV Programs
As a courtesy, daily television programming may be scheduled by SVP inmates. Any unsettled inmate debate over television programming, or violation of television use standards, shall be resolved by turning off the TV for the day. The television will be turned off each night at 2200 hours and resume at 0800 hours after completion of daily module operations. Violation of jail rules may result in the loss of this privilege.
Visiting
SVP inmates shall be segregated during their personal and professional visits. During visits, SVP inmates shall be handcuffed to the single-cuff chain attached to the visiting stool pursuant to TTCF Unit Order #5-15-010, Public Visiting.
Attorneys or authorized mental health professionals requesting face-to-face visits will be accommodated as noted in the Custody Division Manual, TTCF Unit Order, or valid Court Order. Visiting professionals should be encouraged to conduct their face-to-face visits on Wednesday, Thursday and Friday.
As a courtesy, SVP inmates are permitted visits seven days a week, but no more than two thirty-minute visits per week.
NOTE: Any loss of SVP inmate privileges shall be logged, a supervisor notified, and notification sent to the TTCF Legal Unit.
Dissemination of information to SVP inmates regarding rules and regulations should be referred to the “Inmate Jail Rules - Supplement for SVP Inmates.”