/jailbook

Lincoln County Jail Handbook for Inmates

LCJ

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Letter from Sheriff John Hoskins

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he Lincoln County Jail (LCJ) Inmate Handbook has been prepared for your benefit. It explains what is expected of you during incarceration. The rules and regulations are listed, as well as practical details for daily living. Read this book thoroughly as you are expected to comply with these regulations. If you do not understand what is written here, ask for assistance from staff members, who are available in all living areas.

Your rights while in custody at LCJ: • You have the right to protection from personal abuse, corporal punishment, excessive use of force, property damage and harassment • You also have the right to be free from discrimination based on race, religion, national origin, sex, handicap or political beliefs.

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Any offense you commit while you are in custody in this facility that violates the Criminal Code of the State, or violates facility rules will result in disciplinary actions and/or criminal charges being filed against you.

A list of violations is provided in this handbook. The rules listed are by no means all-inclusive and the fact that a rule or regulation may not be included herein is not to be understood that a rule or regulation does not exist. The jail staff has complete knowledge of all rules and regulations and you are to follow their directions. The rules and regulations are uniformly applied to all inmates incarcerated in the Lincoln County Jail regardless of classification status or category.

This facility is more than a place of safekeeping and custody for those who are convicted of crimes. It is a place where you can take stock of your life, make a new beginning, learn and grow. At this facility, we encourage you to take on greater responsibility and participate in the programs offered to you. We believe that everyone has the ability to learn from their experience here at our facility.

John Hoskins John Hoskins Sheriff, Lincoln County

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Table of Contents

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Entering Jail • • • • •

Booking Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Property & Accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Housing Assignment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Visits and Visitors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Access to Courts, Attorney, and Pre-Trial Services . . . . . . . . . . . . . 9

Know the Rules • Disciplinary Actions & Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . 10 • Offenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

Services & Work in Jail • • • • • • • • • • • • • • • • • •

Commissary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Discrimination/Disabled Inmates/ADA . . . . . . . . . . . . . . . . . . . . . 19 Food Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Grievance Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Housekeeping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Hygiene. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Inmate Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Legal Materials Library. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Library and Law Library. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Mail and Phone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Medical/Dental and Mental Health Care. . . . . . . . . . . . . . . . . . . . . 30 Programs, Services and Activities. . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Records Department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Recreation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Search and Seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Sexual Assault Prevention & Response . . . . . . . . . . . . . . . . . . . . . . 35 Special Management Classification. . . . . . . . . . . . . . . . . . . . . . . . . . 37 Work Assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Preparing to Leave Jail • Pre-Release Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 • Property Disposal Upon Release. . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Phone Directory • Lincoln County Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 • Attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 • Bail Bondsmen. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

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Booking Process Lincoln County Jail will ensure all inmates brought into custody are processed through the booking system in an efficient and timely manner.

The booking process will ensure proper information is retained on inmates and inmates are identified accurately. Prior to an inmate being accepted into the facility, staff will determine the legal commitment of the inmate and whether there is an immediate need for medical attention.

The admission/booking process for inmates received into LCJ will include searching, fingerprinting, recording of personal data and information, verification of criminal history, identification number, photographing, medical screening, classification, pre-trial services and the inventory and storage of the inmate’s personal property.

LCJ will ensure each inmate is provided with an orientation to the facility prior to being placed in permanent housing. Inmates will receive necessary information during the orientation program concerning rules and regulations, rule violations and sanctions, classification and custody levels, facility placement, housing and available programs. The Classification Department will ensure that all non English speaking inmates are provided assistance through interpreters.

Property and Accounts Lincoln County Jail will provide space for the safe and secure storage of inmate personal property.

Initial Intake: Inmates and their property will be immediately searched upon admittance into the facility. All inmates will be provided a receipt of personal property inventoried. Money will be placed into the Inmate Trust Fund for use in the Commissary. (See page 16.)

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Housing Assignment If you remain in custody in this facility, you will be assigned to one of several housing units, known as “pods�. There are many cells inside a pod, and one of them will be assigned to you. You do not choose your cell assignment, this is performed by the classification unit.

Once you are booked into the jail, you will be classified and assigned a security level. This classification involves a review of your current charges and bond amounts, your past criminal history, your past behavior during any incarcerations, and any information about you provided by other agencies. Once you are assigned a security level, you will be interviewed by classification personnel and assigned a housing unit, cell, and bed number. You may be placed in segregation, close custody, or general population, as determined by classification personnel.

Your security classification level is determined by criminal history, present charges, past incarcerations, and any additional information developed during your present incarceration.

LCJ Levels 1, 2, and 3 / ICE* Level 3 qualify as high security inmates requiring closed custody or segregation, dependant on the totality of the reason for those levels. Inmates with these levels may participate in various programs, but will be secured and escorted anytime they leave the housing unit, except when housed in segregation at which point the inmate will not participate in any programs.

LCJ Levels 4, 5, and 6 / ICE* Level 2 qualify as medium security inmates whom are allowed to house in the general population housing units. Inmates qualifying with these levels may participate in the various programs made available and may move within the facility without escort. These inmates are allowed to participate in work programs, however with this level the inmates can only be assigned to work groups within the secure area of the facility. **ICE inmates will not be permitted to work.** Lincoln County Jail Inmate Handbook | 3 Jail Handbook 56pp FINAL 5-25-12.indd 3

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LCJ Levels 7 and 8 / ICE* Level 1 qualify as low security inmates and are housed in general population housing, to include dorm style housing. These inmates qualify to work groups that are allowed to leave the secure perimeter of the facility with a guard to supervise their work detail.

Your security classification level will be reviewed periodically and may be raised or lowered depending on your legal status and your behavior while you are in jail. Following these reviews, you may be moved to other housing units as appropriate. Should you wish to appeal your classification level, a recent move due to classification adjustment or placement in housing, you must utilize the inmate kiosk system located at the pod officer’s work station and submit a request to the classification unit.

You are responsible for the condition of your cell. You are required to make sure that your cell remains in the same condition it was on the day you first occupied it. Any inmate who knowingly damages his/ her cell will be prosecuted.

You are required to keep yourself, your cell and your dayroom neat and clean at all times. Cleaning supplies will be available for your use each day. You are also required to participate in the daily housekeeping of your pod. Your bunk must be made when it is not occupied.

You will not come closer than the tape mark on the floor in front of the pod officer’s desk without permission from the pod officer.

At no time will you lean on or over the pod desk or enter the work station area of the pod desk. You will respect the rights and property of other inmates. The only cell you may enter is the one assigned to you. It is a violation to stand in front of or to peer through the window or knock on the door of another inmate’s cell.

A day room and recreation yard are provided in each pod. They are available for your use during inmate free times. Inmates can remove their uniform shirt while on the recreation yard, as long as they have a T-shirt on. Combs, paper, and commissary items are not allowed in the recreation yard.

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Televisions have been provided in general housing day rooms. They will be turned off during head counts, meals, and at the discretion of the pod officer. The pod officer is the only person authorized to operate the televisions. Any attempt to adjust or control a television is a violation of facility rules. Standing in front of or beside the television is forbidden.

Chairs will remain in their assigned areas at all times.

Anytime a pod officer calls “Lock Down,” you will immediately return to and enter your cell. If the door is locked, you will stand in front of your door quietly. All inmates are required to stand for headcount when ordered to do so. All inmates who fail to stand for headcount, if so ordered, will be subject to disciplinary action.

Personal Clothing and Issuance of Jail Attire and Linen: Prior to assigning inmates to permanent inmate living areas, LCJ will issue inmates clean laundered jail attire and bed linen in exchange for their personal clothing. Inmates will be allowed to keep their briefs or boxers, white socks and white tee-shirt or undershirt. At this time, qualified medical staff will conduct a visual skin assessment and tuberculosis testing.

Each inmate will be issued a storage bag containing the following: • • • • • •

Two (2) sheets; One (1) pillowcase; One (1) towel; One (1) blanket; One (1) roll of toilet paper; and One (1) hygiene kit

*Shower shoes will be issued to any inmate who does not have shoes upon arrest or has shoes deemed inappropriate.

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Visits and Visitors

Visiting Hours:

Monday-Friday 8:00 am - 7:00 pm Saturday-Sunday 8:15 am - 7:15 pm

Inmates will not be allowed visitation privileges within the first 48 hours of detention except for attorneys, clergy members, or bond persons.

Visitors must check in no later than 6:30 pm. If visitors arrive for visitation after 6:30 pm, they will be asked to wait until the next visitation day.

The length of a visit will be limited to 30 minutes and will be non-contact in nature.

Visitors under the age of fourteen years of age must schedule a special visit through the Chaplain’s office. The Chaplain will arrange for visitation by the visitor under the age of fourteen when staffing levels of the Tulsa County Sheriff ’s Office permit such a visit.

Those visitors under fourteen years of age will be required to have identification such as a state identification card, school ID card, or birth certificate. Visitation may be denied for security risks and the crime that the inmate is charged with.

All visitors under the age of eighteen years of age must be accompanied on a visit by a parent or guardian and proof of the inmate’s paternity or guardianship to the visiting child, such as a birth certificate or court order, must be provided at the time of sign-in.

Visitation to juvenile inmates will be limited to only a parent or guardian.

Proof of guardianship, such as birth certificate or court order, must be presented prior to the visit.

Each inmate is allowed one visit per allowable visitation day, of one person, unless visitation privileges are suspended in writing.

Bondsperson, attorney, clergy, process server, and media visits do not count toward your visitation privilege.

Visitor Rules: Visitors must remain seated at all times during the visit.

Visitors and inmates must conduct themselves in an appropriate manner.

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Profanity, loud or disrespectful comments, disruptive behavior, threats of any kind, or other inappropriate behavior will result in termination of the visit and may result in a suspension of future visitation privileges.

When visiting an inmate, visitors may not wear: •

• • • • • •

Gloves, coats, jackets, hats, caps or other head coverings of any kind can be worn past the lobby area. Should any head covering obscure the view of a visitor’s facial feature, they may be asked to remove them while in lobby area; Clothing that resembles law enforcement uniforms in any way; Clothing that unduly exposes the stomach, back, shoulders, chest, midriff, or underarms; Dresses, skirts, or shorts which are more than three inches above the knee when seated; Clothing unduly provocative, suggestive, or revealing; Clothing associated with street gangs, or which bears obscene or distracting messages, shapes or designs; or Other type of clothing that would interfere with the security of the facility.

Visitors must declare the name of the inmate they intend to visit at sign-in. Any visitors found to be visiting an inmate other than the one named at sign-in will have their visitation privileges suspended.

Inmates who “switch out” with other inmates in order to receive a visit may be subject to a suspension of visitation privileges.

Only out-of-state visitors may request a one time only special visit outside normal visitation hours with authorization from the Watch Commander.

Visitation privileges of a visitor may be suspended when the visitor violates or attempts to violate visitation rules, visitor behavior necessitates the termination of a visit or employees become aware of an actual or perceived threat the visitor may pose to the security of the facility. Visitor privileges may be suspended for a specific period of time or indefinitely.

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Any person who falsely represents their identity by using another name, an alias, or false identification will be permanently prohibited from visiting any inmates housed at LJC. Inmates are responsible for notifying potential visitors of pod changes.

Pod change will not be reason enough to request a special visit.

Lincoln County Jail reserves the right to terminate a visit at any time.

You may refuse or terminate a visit at any time by notifying your pod officer. You may also specifically refuse to authorize certain individuals from visiting you by completing an Inmate Request Form stating the name of the person(s) you wish to deny. If you change your mind after making such a request to deny, you must complete another Inmate Request Form stating so. You must wait 30 days from the date that you denied authorization before the person(s) will be allowed to visit you again.

Attorney and clergy visits will occur in the contact visitation rooms unless a non-contact visit is requested.

Attorney and clergy wishing to see a member of their family, in an unofficial capacity will follow the same procedures as the general public. Attorney and clergy wishing to see a member of their family in a professional capacity must first seek approval from the facility administrator. Should an attorney or clergy conduct an official visit, without receiving prior approval, the attorney or clergy may be banned from any further visitation privileges.

Attorneys will not be limited as to the number of inmates that can be visited in a day. Visits must be made with one inmate at a time. Attorney visits will not count toward an inmate’s weekly visitation privilege.

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the clergy visit will count as a family visit. Each inmate is allowed only one clergy visitation per week.

•

•

Only legal papers bearing no staples, paper clips or other binding devices will be allowed to be taken from the visitation room by an inmate. The papers will be searched for contraband prior to the inmate returning to the housing unit.

Inmates are not allowed to take pens, pencils, paper clips, or other such supplies from the visitation room.

Access to Courts and Counsel LCJ will ensure inmates have access to the courts and counsel.

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• •

•

Inmates will be assisted in making confidential contacts with attorneys and their representatives. Such contact includes, but is not limited to, telephone communications, uncensored correspondence and visits.

Inmates will have access to the law library and legal materials to facilitate the preparation of documents.

LCJ will provide, free of charge to any indigent inmate, related materials and services required to prepare a defense or exercise their constitutional rights through State or Federal Courts.

LCJ will provide free notary services to inmates for legal documents through the Classification Department.

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Inmate Legal Materials Lincoln County Jail will provide legal or law related materials and assistance to inmates. The Department will ensure the inmates’ right of access to the courts by providing legal assistance necessary to: • • •

Challenge unconstitutional past/present jail conditions; Seek the release or dismissal of a criminal charge, if not represented by an attorney; or Pursue a direct appeal, habeas, RCr 11.42 relief from a conviction or otherwise pursue a release from a conviction, if not represented by an attorney.

Inmates seeking to research legal matters can utilize the kiosk research station. Inmates may sign up to use the research station by requesting availability through their assigned floor counselor.

Inmates are permitted to retain privately owned legal materials in their living areas, subject to limitations imposed for security reasons and inspection Upon request, indigent inmates may receive reasonable amounts of legal supplies, postage and copying services as necessary.

Other inmates and indigent inmates who have received supplies, who demonstrate by court order will be permitted copies when their funds are inadequate to pay the expense. However, the inmates account will be charged to reflect a negative balance for the cost of requested materials.

Inmates Access to Pre-Trial Services Pre-Trial Services staff will interview fresh arrest inmates within twelve (12) hours of arrest and conduct a ROR release eligibility assessment.

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RULES OF CONDUCT

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he following rules are in effect to maintain the safety and security of the inmates, the staff, and the jail facility, and will apply to all inmates while in the custody of the Lincoln County Sheriff, whether housed in one of the facilities, assigned to one of the alternative to incarceration programs, or during transport to or from the facility. The Rules of Conduct are a form of administrative law and will be enforced under those guidelines. Violations of some rules are also violations of criminal law, and a criminal complaint may be filed against you with the District Attorney. Some violation may appear in more than one of the Major or Minor sections. This enables the jail staff to make allowances for varying degrees of severity.

Inmate Disciplinary Procedures LCJ has established a system for inmate discipline and administrative procedures to ensure fair and impartial due process for all inmates. The disciplinary process shall ensure fair disciplinary practices, proper documentation of rule violations and comply with applicable federal and state laws and regulations as well as American Correctional Association (ACA) Standards.

When an alleged rule violation is reported, an investigation will begin within twenty four (24) hours of the time the violation is reported and completed without unreasonable delay unless there are exceptional circumstances for delaying the investigation.

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RULES OF CONDUCT

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Disciplinary Hearing An inmate pending a disciplinary hearing may remain in their existing housing location until the hearing is held unless the inmate’s conduct poses a threat to facility security, their own safety or the safety of others.

If such circumstances exist, the inmate shall be placed in administrative segregation pending the disciplinary hearing.

Inmates may waive the mandatory twenty four (24) hour interval between the notification and the hearing by signing the waiver section on the Inmate Disciplinary Report.

Inmates charged with rule violations shall be present at the hearing unless they waive that right in writing. The inmate also retains the right to have witnesses called in their defense. If an inmate is found guilty, the inmate will be provided with a copy of the decision. The written decision shall include the supporting reasons for the decision. The Disciplinary Officer’s decision will be based solely on information obtained in the hearing process including staff reports, statements of the inmate charged and the evidence derived from witnesses and documents.

Appeals Inmates may appeal decisions of the Disciplinary Officer to the Deputy Director of Programs, as designated by the Director. The Deputy Director of Programs must affirm or reverse the decision of the Disciplinary Officer within fifteen (15) days of the appeal.

Offenses Minor offenses are violations less serious in nature which may result in a verbal or written reprimand, possible transfer to another housing unit, disciplinary segregation and/or loss of privileges.

Major offenses are violations more serious in nature which may result in loss of privileges, restitution damages, disciplinary segregation and/or criminal prosecution.

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RULES OF CONDUCT

Minor Offenses - Category I The following offenses shall constitute Category I Rule Violations. The administrative penalty for the commission of any Category I offense is confinement in disciplinary segregation for one (1) to five (5) days for each Category I offense, with a combined total not to exceed fifteen (15) days for all Category I offenses arising from the same incident.

• Unauthorized use of a telephone; • Utilizing any equipment, material or item other than instructed; • Using abusive language towards other inmates; • Tampering with or destroying another inmate’s property; • Not wearing jail clothing in a proper manner; • Failure to maintain personal hygiene; • Wearing unauthorized items on head, such as “do rags”; • Standing, sitting or lying on tables; • Failure to maintain personal property in assigned storage bags; • Unauthorized items in a living area/cell; • Unauthorized clothing or bedding items; • Stockpiling commissary items; • Failure to make bed; • Tying knots in sheets and blankets; • Aiding in the commission of the above; and • Persistent Rule Violation (only Disciplinary Officer may charge inmates with this offense).

Minor Offenses - Category II The administrative penalty for the commission of any Category II offense is confinement in disciplinary segregation for one (1) to ten (10) days for each Category II offense, with a combined total not to exceed thirty (30) days for all Category II offenses arising from the same incident.

• Horse play (rowdy, boisterous play); • Failure to maintain a clean living area, cell and/or dorm; • Encouraging others to refuse work; • Gambling and/or possession of gambling materials; • Possession of property belonging to another person; • Affixing any material, picture, etc. to a wall, door, fixture or bunk; • Possession of pornography or sexually explicit materials; • Filing frivolous requests; 14 | Lincoln County Jail Inmate Handbook Jail Handbook 56pp FINAL 5-25-12.indd 14

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• Wearing jewelry (body piercing(s), wedding band, religious medallions, etc.); • Entering another inmate’s cell; • Aiding in the commission of the above; and • Persistent Rule Violation Offender (only Disciplinary Officer may charge inmates with this offense.)

Major Offenses - Category III The administrative penalty for the commission of any Category III offense is confinement in disciplinary segregation for ten (10) to twenty (20) days for each Category III offense, with a combined total not to exceed sixty (60) days for all Category III offenses arising from the same incident.

Violations of Category III offenses may also result in criminal charges.

• Disruptive behavior, to include but not limited to, shouting, beating on windows/or doors and excessive noise; • Wearing a disguise or mask in an attempt to conceal identity causing a threat to security; • Loaning property or other items of value for profit (i.e., loan sharking); • Lying or providing a false statement to staff pertaining to an investigation; • Being in an unauthorized area (excluding any inmate living area); • Using abusive and vulgar language directed toward staff; • Refusing to follow the orders, directions or instructions of staff; • Threatening another inmate with psychological or physical harm; • Threatening staff with physical harm; • Altering, damaging or destroying departmental clothing; • Assaulting any inmate (i.e., fighting); • Knowingly introducing contraband into any LCJ facility or knowingly makes, obtains or possess contraband; • Extortion, blackmail, protection or demands with a threat of bodily harm or for anything of value from a person; • Absent from assigned work release site (Work Release Program Only); • Refusing to perform assigned work (Work Release Program Only); • Possession of money, credit cards, checks or other negotiable instruments (except Work Release Program); • Smoking and/or possession of smoking materials; • Defacing, marking in, damage to or removal of any legal material, law book or other materials belonging to the law library; Lincoln County Jail Inmate Handbook | 15 Jail Handbook 56pp FINAL 5-25-12.indd 15

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RULES OF CONDUCT

• Stealing; • Indecent exposure; • Participating in a work stoppage or group demonstration; • Spitting, urinating and/or defecating in an unauthorized place; • Obstructing any window, cell door or observation device; • Making and/or possessing any intoxicants; • Interfering with lockdowns, counts, or searches; • Possession of tattoo paraphernalia; • Misuse or abuse of authorized medications or possession of unauthorized medications; • Harassing telephone calls; • Tampering with heating or air conditioning ducts, vents and/or outlets; • Gang-related Graffiti; • Sending or receiving mail through unauthorized source; • Criminal mischief; etc.; Aiding in the commission of above; and • Persistent Rule Violation Offender (only Disciplinary Officer may charge inmates with this offense).

Major Offenses - Category IV The following offenses shall constitute Category IV Rule Violations. The administrative penalty for the commission of any Category IV offense is confinement in Disciplinary Segregation for fifteen (15) to thirty (30) days for each Category IV offense with a combined total not to exceed sixty (60) days for all Category IV offenses arising from the same incident. Violations of Category IV offenses may also result in criminal charges.

• Possession of any uniform or other item of employee clothing; • Tampering with any locking device; • Engaging in sexual activities with another person; • Tampering with any fire or safety equipment; • Escape or attempted escape; • Arson; • Possession of a cigarette lighter, matches or other flammable or explosive materials or devices; • Possession of any object or chemical agent which could be utilized as a weapon; • Possession of any Schedule I, II, III, IV controlled substance without 16 | Lincoln County Jail Inmate Handbook Jail Handbook 56pp FINAL 5-25-12.indd 16

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RULES OF CONDUCT

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Departmental Medical authorization; • Possession of any dangerous contraband into any LCJ facility or knowingly makes, obtains or possess dangerous contraband; • Assaulting staff including spitting or throwing human waste at or on any staff; • Failing or refusing Breathalyzer or drug tests; • Knowingly introducing dangerous contraband into any LCJ facility, or knowingly makes, obtains or possess dangerous contraband; • Stopping up plumbing (sinks and toilets) with foreign objects with the intent to damage, flood or disrupt facility operations; • Altering, tampering, damaging or destroying Departmental or vender property (i.e., telephones, televisions, building structure, etc); • Unauthorized contact with the public; • Attempting to solicit staff to engage in unauthorized activity, including but not limited to, introducing contraband or establishing inappropriate relationships; • Participating in any major disturbances (i.e., riot, hostage, aggressive group action, etc.).

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Services & Work in Jail

Commissary

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he money taken from you at booking was placed in the Inmate Trust Account for use in the Commissary, and you were given a receipt.

A record of the amount of money held for you in your trust account is maintained in the jail computer system. Money may be added to your trust account. You may have money sent to you through the mail only by cashier’s check or money order. People may leave a money order at the jail lobby window that will be placed into your trust account. Cashier’s checks and money orders should be made out to “Lincoln County Jail,” with the inmate’s full name printed on the memo line. Personal checks and cash will not be accepted through the mail or at the lobby window.

The correctional staff will deduct the amounts from your trust account as you purchase commissary items, receive medical care, and receive medications.

Except for an emergency, you may only release money to friends and/ or relatives during your first 15 days of confinement. The Administrative Lieutenant will determine whether an emergency exists.

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•

Stationery, toilet articles, snack foods, and other items may be purchased from the commissary system once each week.

You may purchase up to $100.00 of commissary products each week.

Commissary order forms must be completed before 11:30 p.m. on Sunday evenings to allow for processing and delivery the following Thursday.

Profits from sales of the commissary are deposited into the Inmate Welfare Fund Account.

You cannot buy commissary items if you do not have enough money in your trust account. You may request and will receive two stamped envelopes, writing paper, pencil, toothbrush, toothpaste, comb, soap, and razor weekly if you have less than $1.00 in your trust account.

Upon your release or transfer from custody, if you have a pending commissary order, it is your responsibility to arrange for the retrieval of that order. All items will be held for pick up for one week from the time of delivery and then will be disposed of.

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Americans with Disabilities (ADA)/ Hearing Impaired LCJ will prohibit discrimination on the basis of disability in the provision of services, programs and activities. LCJ will ensure that a consistent high level of service is provided to all inmates, including those who are deaf or hard of hearing. LCJ will make every effort to ensure that staff communicate effectively with inmates who are hearing impaired. Various types of communication aids, known as “auxiliary aids and services will be used to communicate with inmates who are deaf or hard of hearing. These will include, use of gestures or visual aids to supplement oral communication, use of a notepad and pencil to exchange written notes and use of a qualified oral or sign language interpreter if necessary.

The type of aid that will be required for effective communication will depend on the inmate’s usual method of communication, and the nature, importance, and duration of the communication at issue. Inmates with hearing and/or speech disabilities and inmates who wish to communicate with parties who have these disabilities will be provided access to a Telecommunication Device for the Deaf (TDD).

Inmates that have a need for the use of the TDD telephone are to submit a request through Classification Staff which will be coordinated in a timely manner.

Food Service Inmates will be supplied with three well balanced meals per day. Special diets will be honored for religious and/or medical reasons only. Each inmate is responsible for receiving and returning his/her food tray to staff members in an orderly manner. Abuse or misuse of food tray or food items may result in disciplinary action. All food items must be consumed at meal time – no food may be saved. Food items are not allowed to be brought in for or by inmates from outside the facility.

Medical Diets: Therapeutic diets will be provided as prescribed by appropriate clinicians (physicians or dentist). Medical diets include: Diabetic; Cardiovascular (low fat/cholesterol); Low Lincoln County Jail Inmate Handbook | 19 Jail Handbook 56pp FINAL 5-25-12.indd 19

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Sodium; Lactose Intolerant; Pregnancy; Renal; and Bland or liquid Food allergies will be recognized upon a determination that the food allergy exists in the inmate medical history file.

Religious Diets: Special diets will be provided for inmates whose religious beliefs require the adherence to religious dietary laws when approved by the LCJ Chaplain. The Chaplain will verify and confirm the religious diet needs.

Inmate Grievance Procedure An inmate grievance procedure is made available to all inmates and includes at last one (1) level of appeal.

No inmate will be subject to retaliatory treatment or reprisal for filing a grievance.

LCJ has established a grievance process to address inmate complaints fairly and reasonably with prompt decisions and actions. The grievance process provides the means for an administrative review of legitimate concerns/issues in order to achieve effective resolutions.

Grievable issues include any aspect of confinement within the facility that is not specifically identified as a non-grievable issue. Grievable issues may include, but are not limited to the following: • • • • •

Personal and social services or needs; LCJ policies and procedures; Personal action by staff; Staff conflicts; Canteen privileges; Health care concerns

A grievance that stems from a non-grievable issue will be returned to the inmate. Non-grievable issues include, but are not limited to: • Appeal of a court decision or order; • Non-departmental complaint; • Booking Fees (as it has its own appeal); • Inmate Disciplinary Procedure (as it has its own appeal); • Classification (as it has its own appeal); • Open Records denial; • Rejected mail 20 | Lincoln County Jail Inmate Handbook Jail Handbook 56pp FINAL 5-25-12.indd 20

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Grievance forms will be available to the inmates via the Grievance Counselor or the Classification Floor Counselor upon request.

The grievance is to be in writing and legible. It should be contained within the space on the grievance form with no more than one (1) additional page. The grievance is to be signed and dated by the inmate.

A grievance about a specific incident is to be filed within five (5) working days after the incident occurs. The grievance is to pertain to one issue.

Separate grievances are to be filed for separate issues and unrelated incidents.

The grievance must not contain vulgar or abusive language that is unnecessary to explain the grievance. Such grievances will be rejected by the Grievance Counselor.

The grievance is to include all aspects of the issue that the grievant wants to be addressed including sufficient information to identify staff. An inmate filing a grievance concerning an identified staff member is not to suggest a specific form of disciplinary action.

The Grievance Counselor may reject a grievance that does not comply with the grievance process requirements.

After the grievance has been properly filed, an attempt to resolve the problem will be made through informal resolution means. The resolution stage will involve inquiries or discussions to attempt to resolve the grievance. Response to the grievance is to be within ten (10) working days from receipt of the grievance unless special circumstances require additional attention. The inmate will have five (5) working days after receipt of the resolution to decide whether to appeal to the next level. The Director/designee will examine the grievance and make a decision. The Director/designee’s decision on an appeal is final.

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Housekeeping It is your responsibility, together with that of the other inmates, to do janitorial work assignments within your housing unit and the facility. Inmates assigned to housekeeping are instructed in Universal Precautions. You will be provided with cleaning materials by the correctional staff, who will direct your cleaning activities.

Housing units will be cleaned daily prior to 10:00 AM. Telephones and television will not be turned on until the housing unit is clean. The first 15 minutes of dayroom time is set aside for the inmate to clean his cell.

Another inmate will not make work assignments.

The following is the minimal daily cleaning and housekeeping requirements for the housing units: • Walls will be cleaned (no food, writing, paper, etc. on walls).

• Showers and sinks will be free of soap scum and hair.

• Stairs will be free of dust and dirt.

• Floors will be swept and mopped.

• Tables will be wiped-down and free of clutter.

• Nothing will be on the floors but shoes.

• Bars will have nothing on them.

• Nothing will surround the mattress.

• Clothes may be hung from the towel hooks by your bunk.

Personal Hygiene While you are in custody in this facility you will be expected to keep your hair and body clean. Inmates will have access to toilets and wash basins twenty four (24) hours a day. Inmates will also have access to operable showers with temperature controlled hot and cold running water. You will be required to shower.

The exchange of clothing (jumpsuit or pants and shirt), linen and beddings including towels will be conducted weekly with specific schedules for each housing area. Laundry will be conducted on the days scheduled for each housing area and on a weekly basis.

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to the inmate to place clothing and linen for proper washing and drying.

All inmates are to be responsible for each item of Departmental clothing, bedding and linen. Inmates may be charged a reasonable fee for the replacement of lost or damaged items issued to them while in custody of LCJ. Damaged items may result in the issuance of disciplinary sanction.

Inmates will receive a hygiene pack upon their assignment to a permanent housing location including a washcloth, toothbrush, tube of toothpaste, bar soap, comb and container of deodorant. Toilet paper will be distributed to inmates daily. Feminine products will be distributed to each female living area daily.

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Each inmate will be issued a mattress upon arrival to their assigned housing unit. Upon release of the inmate, the pillow and mattress will be returned to security staff before departing the floor to ensure accountability and proper sanitizing.

Whenever clearly justified for health, sanitary, and/or safety reasons, the staff may require that an inmate cut his/her fingernails. Nail clippers are available upon request.

Haircuts by reasonably skilled persons are available on a voluntary basis to all inmates, sentenced and unsentenced.

Haircuts must be of a regular nature. No symbols, gang signs or outrageous cuts are allowed. To request a haircut, you will need to notify the day shift detention staff.

Inmates allowed to act as ‘barbers’ will read the instructional sheet included in each clipper set, as to when and how to clean clippers and will acknowledge that they have read and understand the instructions on the signature section of the sheet.

Razors will be distributed on Sundays, Tuesdays and Thursdays during day shift. Inmates will not be given a razor without an inmate identification card. Pod officers will collect each prisoner’s identification card in exchange for razors, two per inmate. The same shift will collect all razors distributed before the end of the same shift.

If an inmate is found to be returning a razor that has been tampered with or is missing a blade, disciplinary procedures will be enforced.

Tumblers and sporks, issued when you entered the jail, will be your responsibility. Each item should be cleaned after each use using the soap and water provided within your cell.

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Inmate Rights All inmates incarcerated at LCJ shall have certain rights relative to the conditions of their confinement. These rights, as per State Statute 3:140 Prisoner Rights, will address access to: court(s), attorney(s), mail, telephone, grievance procedure, search and seizure, disciplinary procedure, racial segregation, medical care, mental health care and religion.

• You have the right to protection from personal abuse, corporal punishment, excessive use of force, property damage and harassment • You also have the right to be free from discrimination based on race, religion, national origin, sex, handicap or political beliefs.

•

LCJ will prohibit one inmate or group of inmates to be given control or allowed to exert authority over other inmates.

Legal Materials Library

LCJ has a legal library and will provide legal or law related materials and assistance to inmates. LCJ will ensure the inmates’ right of access to the courts by providing legal assistance necessary to: • • •

Challenge unconstitutional past/present jail conditions; Seek the release or dismissal of a criminal charge, if not represented by an attorney; or Pursue a direct appeal, habeas, RCr 11.42 relief from a conviction or otherwise pursue a release from a conviction, if not represented by an attorney.

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Inmates seeking to research legal matters can utilize the kiosk research station. Inmates may sign up to use the research station by requesting availability through their assigned floor counselor.

Research available on the kiosk includes: State Content: • • • •

State Statutes Annotated State Rules Annotated State Judicial Decisions State Shepard’s Citations

Federal Content: • • • • • •

United States Code Service US Constitution Federal Court Rules US Supreme Court Reports, Lawyer’s Edition 2d Federal Cases 6th Circuit Shepard’s Citations US and Federal

Reference Materials: • • •

Ballentine’s Law Dictionary Federal Habeas Corpus Practice And Procedure Constitutional Rights Of Prisoners

Inmates are permitted to retain privately owned legal materials in their living areas, subject to limitations imposed for security reasons and inspection without notice.

Attorneys may furnish inmates with law books and legal materials by delivering them to correctional staff. The inmate may use and retain the inmate’s own legal materials in the housing unit provided the materials will fit into the inmate’s storage area. Legal material does not include paperclips, pens, or “highlighters.”

Inmates are afforded the opportunity to bring necessary legal papers to the courthouse with them. Legal materials shall be subject to search, but not read, by the deputies or correctional officers for contraband prior to 26 | Lincoln County Jail Inmate Handbook Jail Handbook 56pp FINAL 5-25-12.indd 26

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being brought into the courthouse. This will be done in the presence of the inmate. No ink pens or pencils will remain with the inmate inside the holding cells. Those items will only be issued by request of the inmate or his/her attorney to complete necessary Court or legal documents. (See also Law Library below, and Inmate Legal Materials, page 10.)

Each inmate is allowed to keep one (1) cubic foot of legal paperwork, papers and books in his or her living quarters. Legal work over the allowable limit must be approved.

Library Services LCJ will ensure library services are available to all inmates. The library cart will be available to each housing unit once a week.

Inmates will be permitted to check out one (1) book at a time. Inmates will only be permitted to check out a new book upon return of the previously checked out book. Prior to release, inmates must return all Departmental books to staff.

Law Library: The law library is an e-library. The law library will be opened Monday through Friday from 07:00 a.m. to 3:00 p.m. Computer training will not be available. Nexis Lexis and West Law are available on four (4) computers for research on criminal and immigration laws.

Access to the law library must be requested by submitting a request through the inmate kiosk system, located at the officer’s station in each general population and dorm style pods. Court appointed Pro Se inmates will take priority over inmates with representation.

The need for safety and security of the facility will take priority, therefore the paralegal charged with operation of the law library may refuse access to specific inmates based on security risks.

Each session in the law library will be limited to one (1) hour in length.

The number of times an inmate may access the library will be dictated by the safety and security of the facility, but shall be no less them five (5) times in a one week period. Should the inmate need to access the law library for additional periods of time, an additional request should be Lincoln County Jail Inmate Handbook | 27 Jail Handbook 56pp FINAL 5-25-12.indd 27

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submitted to the paralegal and the proper consideration will be given.

The inmate will be able to save his/her work on a flash drive which will remain in the law library. Items that the inmate would like printed will be presented to the paralegal in the law library.

Mail and Phone Mail: LCJ will allow inmates to correspond freely with persons, agencies, and organizations outside of LCJ by means of the U.S. Postal Service. Any restricted correspondence will be in accordance with established law and security needs of the facility.

Mail will be picked up/delivered to inmates Monday through Friday except on holidays. Since LCJ inmates assume the cost of postage, there is no limit on the amount of letters he/she can send/receive in length, language, content, source of mail, except when there is reasonable belief the limitation is necessary to protect the facility.

Inmates deemed indigent are eligible to receive two (2) stamped envelopes and two (2) sheets of paper every two (2) weeks by utilizing the commissary order form to request indigent supplies.

All incoming mail, with the exception of privileged mail, will be opened and searched prior to delivery to the inmate. Incoming mail may be read if there is justifiable concern for the safety and security of LCJ, public officials or the public. Inmates will be notified in writing when incoming or outgoing mail is withheld.

Privileged mail will be opened and searched for contraband in the presence of the inmate it is addressed to. All legal mail will be logged and will require the inmate’s signature upon receipt.

For safety and security reasons, several categories of correspondence or publications will be rejected in their entirety and returned to the sender.

These categories include but are not limited to: • • •

Sexually explicit photographs; Publications that are racially or sexually explicit; Publications expressive of cults; Mail that contains obscene language or drawings;

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Correspondence suggesting affiliation of gangs, depicting gang symbols, or written in code; Correspondence that contains plans for escape; Mail that contains threats of physical harm against any person or threat of criminal activity; Publications containing material likely to pose a threat to LCJ security; Any illegal reproduction of published material.

Unless specifically approved in writing by the Director/designee, LCJ inmates are not to correspond with inmates housed in any LCJ facility or any other detention/correctional facility. This privilege will be granted on a case-by-case basis.

Phones: LCJ will provide inmates access to reasonably priced public telephone services in order to maintain essential community and legal contacts.

Newly admitted inmates will be permitted and if necessary assisted, to place a telephone call to an attorney of the inmate’s choice or to a family member. Phones will be available in the booking area for inmate use. During the booking process local calls are free of charge. All inmate telephones will have a fifteen (15) minute time limit governed by an automatic cut-off. There will be a warning one (1) minute prior to the automatic cut-off. Collect call only phones are available in inmate housing areas and shall be accessible by an established facility schedule.

In case of an emergency situation and with the approval from Classification Staff, inmates may be authorized supervised use of a Departmental phone to place emergency phone calls.

Inmates with hearing and/or speech disabilities and inmates who wish to communicate with parties who have these disabilities will be provided access to Telecommunication Device for the Deaf (TDD). Inmates that have a need for use of the TDD telephone are to submit a request through Classification Staff. The Classification Supervisor will coordinate use of the TDD phone in a timely manner. (See page 19) Inmate telephone calls, except attorney calls, may be recorded or monitored.

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Medical and Mental Health Care Lincoln County Jail ensures health care services are provided to the inmate population in an acceptable professional manner and in similar fashion with commonly accepted medical practices in the community.

Inmates housed in the facility will have unimpeded access to a continuum of health care services so that their health care needs including prevention and health education, are met in a timely and efficient manner. LCJ will seek reimbursement from inmates in custody for expenses incurred when receiving medical, dental or mental health services; however, all inmates access to health care will not be precluded by inability to pay.

Inmates will have access to twenty four hour medical treatment, care or services. Inmates may initiate requests for health care services on a daily basis. Inmates may request a Health Services Request Form from the nurse during rounds made in all living areas. The Health Services Request Form is to be completed and given to the nurse during medication pass.

To ensure healthcare is initiated at the time of incarceration, medical services attempts to obtain medical/mental health information from you during the booking process. Within the first fourteen (14) days of incarceration, medical staff will offer a thorough physical, dental and mental health evaluation at no charge. It is important that medical is aware of your medical/mental health needs in order to deliver optimal healthcare services/treatment during your stay. If you have received services/medications from the medical department during your incarceration, upon release please return to the front desk and request to speak to a nurse.

The medical staff will provide you with medical instruction and medication, if applicable.

Pregnant Inmates: Female inmates will have access to pregnancy management services.

Dental Care: Routine and emergency dental care is provided to each inmate under the direction and supervision of a licensed dentist.

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Mental Health Services and Referrals LCJ will provide screening and referral services to all inmates who appear mentally ill, developmentally disabled or whose adaptation to the correctional environment is significantly impaired. All inmates will be screened upon admittance for mental health risk issues and behavioral health risk, in which recommended protocols for housing may be made.

Inmates referred for mental health treatment will receive a comprehensive evaluation by a licensed mental health professional.

Medical Co-Payments: LCJ will impose a medical co-payment fee for inmates. The co-payment schedule for all inmates shall be as follows: • Physician/Psychiatrist/Nurse Practitioner Visit . . . . . . . . $6.00 • Dental Visit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6.00 • Nurse (RN or LPN) Visit. . . . . . . . . . . . . . . . . . . . . . . . . . . . $4.00 • Lab Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4.00 • Prescription Handling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.00 • Over-the-Counter Medication. . . . . . . . . . . . . . . . . . . . . . . $0.75 • Follow-up Services. . . . . . . . . . . . . . . . . . . . . . . . . . . $ No Charge

The medical staff determines all non-emergency treatment. Over the counter medication is charged the same as prescription pricing. Cost of these services is deducted from your commissary account.

Medical care will not be refused for inmates who do not have money in their commissary account. However, if your account goes in the negative balance any money received into your account, will be deducted to cover medical costs. When an inmate, is released, this account is carried on the jail ledger for 120 days.

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Programs, Services, and Activities Academic Programs: LCJ will provide inmates access to GED programming while incarcerated. All inmates will be evaluated during orientation for suitability to participate in the Departmental GED program. Only inmates that have not received a high school diploma or GED will be eligible to participate. Inmates who have a documented disciplinary history or demonstrated a negative and uncooperative demeanor will not be eligible. Upon placement into a GED class, instructional and resource materials will be readily available for inmates from the instructor. Inmates sentenced to state time may take the GED test at LCJ and receive sixty (60) days off their state sentence. This credit will be calculated by Probation and Parole. Inmates who elect to take the test at LCJ will have a letter forwarded to the State DOC for sentence recalculation. Jefferson County Public Schools Adult Education teachers that are licensed and certified by the State Department of Education will administer the GED Program. For admittance into the program, inmates must submit an action request or GED referral form to the Floor Counselor who will in turn route the request to the Classification Supervisor for approval.

Religious Services: Inmates have the opportunity to practice their religion within limits necessary to maintain facility order and security.

Each inmate is given the opportunity to participate in religious services and receive religious counseling. Inmates are not required to attend or participate in religious services or discussions.

The Departmental Chaplain will be responsible for providing religious activities and developing community resources to meet the religious needs of all inmates. Group worship and study will be conducted in designated places and times. Services will be available to all inmates unless participation is limited to maintain the order and security of the facility.

All segregated inmates may receive visits from the Chaplain and/or other clergy. Any inmate requesting a religious diet, consistent with their 32 | Lincoln County Jail Inmate Handbook Jail Handbook 56pp FINAL 5-25-12.indd 32

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religious faith, may make a written request to their counselor who will forward the request to the Chaplain for review and approval.

Substance Abuse/ Re-Entry Program: LCJ will provide counseling, program services and case management for inmates at the Community Corrections Center for alcohol and drug treatment. Inmates who wish to participate in this program must submit an action request to the respective Floor Counselor requesting admission into the program.

Records LCJ shall ensure that all inmate sentences are accurately computed in conformance with applicable statutes and regulations. All sentences are processed through the LCJ Records Department.

Open Records: Inmates may request copies of their current criminal history, past criminal history and court ordered motions/commitments by submitting an Open Records Request. Lincoln County Jail shall provide for the open examination of these records, in accordance with the Open Records Act, only upon written request from the inmate. All Open Records Requests are to be in writing and must contain the signature of the inmate. Fees for inmates making open records requests will be deducted from the inmate’s account prior to the release of the records.

An inmate must have available funds on their account to receive such records.

• Copies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ .10/page • LCJ arrest history. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ .10/page

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Recreation Inmates will be allowed to participate in leisure time and recreational activities on a daily basis. Leisure time activities will include games such as chess, checkers, and dominoes, and will be distributed to inmate living areas by the Gym Officer as needed or requested. Inmates will have access to exercise opportunities and equipment.

Established gym schedules are assigned to each inmate housing unit.

This facility also provides a recreation yard for exercise when conditions permit. When using the recreation yard there are certain rules, which must be followed for your safety. If items are thrown out of the recreation yard, this will cancel the use of the recreation yard. When walking in the hallways to and from recreation, inmates will walk with their right shoulder to a wall at all times. You shall proceed in an orderly manner to the designated area after authorization from authorized jail staff.

Disruptive behavior or talking that impairs with the transporting will result in discipline.

No items may be taken to the recreation yard.

Your recreation time may be altered due to discipline and /or medical status. Any items that you check out during recreation time must be turned in at least 10 minutes before the end of the period to insure the recreation officer can inspect it.

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Search and Seizure All inmates are immediately searched upon arrival at LCJ. Searches will be conducted in a professional and dignified manner. Inmates are not subjected to personal abuse, corporal punishment, personal injury, disease, property theft or harassment.

You have no right to privacy unless specifically stated in this manual.

Due to the tendency of some inmates to secure contraband, cell and personal searches are necessary. Jail staff routinely performs searches.

Inmates are not allowed in the search area without proper authority.

You may be subjected to pat searches and/or unclothed searches upon entering or departing various areas of the jail facility.

Sexual Assault Prevention and Response Prison Rape Elimination Act of 2003 (PREA): LCJ has a zero tolerance standard STOP for the incidence of sexual abuse/assault SEXUAL in accordance with the Prison Rape VIOLENCE Elimination Act of 2003. LCJ will enforce all federal, state and local laws pertaining to inmate sexual misconduct of threats of sexual assault or intimidation by providing clear definitions of prohibited conduct, establishing uniform methods for prompt reporting and investigation of allegations of sex–related offenses or threat, identification of predators, protection of victims and prescribing sanctions for substantiated sexual offenses, as well as false allegations. This Law is directed to all sexual acts relating to: inmate to inmate, inmate to staff and staff to inmate.

Common Definitions: Carnal Knowledge: As defined by PREA, contact between the penis and the vulva or the penis and the anus including penetration of any sort, however slight.

• Oral Sodomy: As defined by PREA, contact between the mouth and the penis, the mouth and the vulva or the mouth and the anus.

• Prison Rape: As defined by PREA, includes the rape of an inmate in the actual or constructive control of prison officials.

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•

•

Rape: As defined by PREA; • The carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person, forcibly or against that persons will; • The carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person not forcibly or against the person’s will, where the victim is incapable of giving consent because of their youth or their temporary or permanent mental or physical incapacity; or • The carnal knowledge, oral sodomy, sexual assault with an object or sexual fondling of a person achieved through the exploitation of the fear or threat of physical violence or bodily injury.

Sexual Misconduct: Taking part in any sex act (kissing, fondling or other inappropriate touching of another) where all parties are able to and offer consent; exposing one’s genitals or buttocks to any other person; masturbation in the view or presence of another.

Prevention: Detention personnel will be alert to inmates who may be displaying signs of sexual aggressiveness and will respond to such behavior, or other sexual misconduct, promptly through the use of the inmate disciplinary system.

If you feel that you are in danger or have been a victim of rape, sexual assault, or sexual misconduct, you are encouraged to report such incidents as soon as possible to any detention personnel so that immediate action can be taken.

Response: If you have been a victim of rape or sexual assault, you will: • • • • •

Be advised that detention personnel can help you; Be advised that it is not required that you identify the perpetrator to get help, if you are in fear of being labeled an informer; Be advised that you can be moved to another housing unit or request protective custody; Be given an explanation of the criminal and internal disciplinary processes involved if you decide to identify the perpetrator; Be given an explanation of services available to you for getting help to deal with the offense, such as mental health and/or spiritual counseling;

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• •

Receive assistance in determining what services you need; Receive assistance in arranging for the delivery of the services you agree upon.

If an investigation concludes that the rape or sexual assault claim was fabricated or that you inflicted or attempted self-injury, investigating personnel may recommend disciplinary action against you.

Special Management Classification (SMU) LCJ will maintain safe and secure housing for offenders who require detention, protection or whose behavior indicates they require more physical controls than are available in general population housing units.

Inmates will be placed in the Special Management Housing (SMU) only after Administrative consideration and/or a disciplinary hearing.

The SMU operates and supervises the inmates housed in Administrative Segregation, Temporary Confinement, Protective Custody, and Disciplinary Segregation. Segregation housing units will provide living conditions that approximate those of the general inmate population.

Work Assignments LCJ will provide as many inmates as possible the opportunity to work productively in internal work assignments consistent with their security and supervision requirements and the needs of the Department. Pretrial and unsentenced inmates are not required to work except to do personal housekeeping and to clean their housing area. Nonsentenced inmates willing to work voluntarily who meet the established requirements to be a work aide will be placed on a facility assignment upon availability or placed on a waiting list.

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Any of the following will eliminate an inmate from consideration for work aide status: • • • • • • • • • • • • • • •

Federal, out of state or out of county hold; Fugitive/Governor Warrants; Felony parole or probation detainees; History of promoting contraband; Previous escape from work release; Charge of Assault 1st, 2nd or 3rd; Charge of Wanton Endangerment 1st; Sentenced felony awaiting prison time; Violation of Emergency Protection Order, Domestic Violence Order; Stalking charges; Charge of felony Terroristic Threatening 1st; Charges sexual in nature; Maximum security level; Bond of $50,000 or more; or Upheld disciplinary action within the past thirty days.

To qualify for outside clearance, work aides must meet the following eligibility requirements: • • • • • •

Inmates will qualify as a regular work aide; Inmate will not have a current escape or attempted escape charge(s); Inmate’s bond will be $15,000 or less; Inmates will not have case(s) pending in Circuit Court; Inmates will be minimum custody status; and Inmates will be compensated for work performed.

Where statute permits, incentives such as monetary compensation, special housing, extra privileges and good time credit will be distributed in accordance with written guidelines.

The following pay scale will be utilized: • Road Crew. . . . . . . . . . . . . . . . . . . . . . $4.00 • Food Service. . . . . . . . . . . . . . . . . . . . $2.00 • Laundry. . . . . . . . . . . . . . . . . . . . . . . . $2.00 • Commissary . . . . . . . . . . . . . . . . . . . . $2.00 • Sanitation Work Aides . . . . . . . . . . . $2.00 • CCC First Floor Food Worker. . . . . $2.00 • Jail Complex (CCC Work Aides. . . . $2.00 38 | Lincoln County Jail Inmate Handbook Jail Handbook 56pp FINAL 5-25-12.indd 38

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Services & Work in Jail

LCJ

• Barber. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.00 • Bio-Hazard Cleanup. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1.00

Floor Sergeants will be responsible for the accounting of all hours worked by work aides returning from details on each respective shift. Inmates who have been sentenced for misdemeanor charges and perform work details will receive sentence reduction unless precluded by written order of the sentencing court. The following work details for sentenced misdemeanor charges are as follows: Food service workers (kitchen) Laundry workers Commissary workers Road Crew Outside clearance from Community Corrections Center. When credit is granted, it will be uniform and based on the following: For every eight (8) full hours of work, one (1) sentence credit will be earned. For every five (5) sentence credits earned, one (1) day of the sentence to be served by the inmate will be deducted. Sentence credits will be deducted from the maximum expiration date of the sentence.

If an inmate violates LCJ rules or engages in other misconduct, LCJ may withdraw sentence credits earned by the inmate.

LCJ staff will ensure that all inmates are properly trained in the use of chemicals and equipment for sanitation duties, cutlery, food service equipment and machinery. Inmate working conditions will be compliant with all applicable federal, state and local work safety laws and regulations. The inmate work day will be approximate to the work day in the community. Inmates can not be forced to work more than eight (8) hours in a day. Any special or protective clothing or equipment necessary for work details will be provided by LCJ.

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Pre-Release Planning In order to provide a continuum of care to the inmate population and strive to decrease the rate of recidivism, a collaborative plan will be developed to identify strengths, resources and needs of inmates during incarceration and upon release. LCJ will provide screening, assessment and case management services for inmates who meet the eligibility requirements for the Pre-Release Program.

Participation and eligibility requirements are as follows: • Period of incarceration must be thirty (30) days or greater; • No more than one (1) disciplinary infraction of inmate rules; • Risk of being homeless upon discharge; • Lack of occupational skills which deter inmate from securing gainful employment; • No employment upon re-entry back into the community; • Need for continuing health care for pre-existing medical conditions; • Need for mental health referral based on identified of mental health diagnosis; • History of alcohol/substance abuse, abuse, dependency; • Lack of GED or High School diploma; • Lack of financial resources upon release; • Lack of transportation upon release; • Need for clothing; Need for obtaining food; • Need for childcare assistance; and • Need for support services (AA, NA, other support groups).

For admittance into the program, inmates must submit an action request to the Floor Counselor who will in turn route the request to the Senior Social Worker who coordinates the program.

Other Release: There are several ways that you may be released from jail before you go to trial: •

Citation Release: It is the policy to release arrestees charged with infractions or misdemeanors by issuing a written notice to appear. The arrestee must meet the established criteria for such release and sign an agreement to appear in court at the time and place indicated on the release agreement.

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Release on Own Recognizance (OR): This is generally at no cost. This county has an affirmative and aggressive policy to secure the release from custody of inmates arrested for either a misdemeanor or felony.

You will be interviewed and a report made to the court concerning whether you qualify for such a release by the court. You will be required to sign a written agreement to appear in court on a certain date and time if approved for OR release. You will not be permitted to leave the state without first obtaining the court’s permission and you will have to waive extradition if you fail to appear and are apprehended outside of the state.

A willful failure to appear will constitute an additional charge of a misdemeanor if the original charge against you was a misdemeanor or an additional charge of a felony if the original charge against you was a felony.

• Bail: Bail is defined as cash or property that you give to the court or a bail bondsperson as security for your appearance at a court hearing. If you are in custody and awaiting trial, you may be eligible for release by a cash bond, bail bond, or property bond. The correctional staff will be able to tell you the amount of bail that has been set in most circumstances. The Judge will have set a bail, if you are eligible for bail, if you have already appeared in court.

• Cash: Cash will be accepted in US currency, money order, or cashier’s check in the exact amount of bail, made payable to the court in which you are to appear.

• Bail Bond: Telephone a bail bondsperson and discuss getting a bail bond from that person. Approximately 10% of the bail amount is normally required as a fee to the bail bond agency. This agreement is between the inmate and the bail bondsperson to negotiate.

• Property Bond: A “property bond” may be used instead of money.

Property is used to secure your presence in court under this type of bond. You should consult with an attorney about this type of bond.

• Bail Reduction by the Court: You will be taken in front of a Judge within 48 hours of your arrest; excluding weekends and holidays, for an initial arraignment and you may ask the Court to reduce your bail amount if you cannot put up enough security to post bail.

• Dismissal of the charges against you.

• Release by the Court.

•

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Holds: You were given a copy of your Pre-Booking Form at booking which indicates if you have a warrant by another agency or a hold by a parole or probation officer. You may have been booked for that hold and may be held for that agency. Another Pre- Booking Form will notify you when you are booked on another agency’s hold.

Release After Trial: You will be released from custody as quickly as the release papers are processed if you have been tried and acquitted and have no holds. If you are released from custody during the night and cannot secure transportation you may remain in the public area of the correctional facilities until 7:00 AM unless your presence is disruptive, in which case the watch commander will require you to leave the premises.

Scheduled Releases: You will be released on the last day of your incarceration, normally, between the hours of 08:00 AM and 10:00 AM, if you have completely served your sentence and have no holds.

Temporary Release: The Sheriff may permit the temporary release or parole of an inmate, not to exceed three days, for family emergencies or preparatory to return to the community under certain circumstances.

Work Release and Home Incarceration: Lincoln County Jail will comply with all court orders and adhere to all jurisdictional laws with regards to Work Release and the Home Incarceration Program. Inmates granted releases on all charges will be considered in the custody of LCJ until sentence obligations have been completed.

Good Time/Work Time Credit: Each sentenced inmate will receive 1 day credit for each 6 days of confinement as “good time” credit unless it is established on the record that the inmate has not satisfactorily complied with the reasonable rules and regulations established by the correctional staff.

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inmate has refused to satisfactorily perform labor as assigned by the correctional staff.

Non-sentenced inmates may be entitled to the above credits for work time and good time depending upon the circumstances of the confinement.

Correctional staff will not accept Inmate Request Forms asking to work inside the facility or on outside work details. All fully sentenced inmates automatically become eligible as positions become available and will be assigned to work positions at the discretion of the facility staff.

Discharge Planning for Persons Receiving Medical Care: You should immediately begin to plan for your healthy release back into the community.

The goal is a healthy you through continuity of your care. The medical unit will assist you in obtaining outside care and referrals for mental and medical

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care. The medical unit will call prescriptions in for you to your pharmacy.

If you have been receiving wound care, diabetic care or other medical treatments while in custody the medical unit will teach you how to care for yourself upon discharge. You must place in a sick slip advising the medical unit of your release date so that this planning can occur. You can not assume that the medical unit is aware of your release date.

Property Disposal Upon Release Your personal property and money were taken from you for safekeeping and you were given a receipt when you were admitted to the correctional facilities.

•

• • •

Personal medications that you may have brought in were locked in the medical unit. You must stop by the medical department to retrieve these medications when you are released or they will be destroyed by the medical unit.

Your property will be returned to you and you will be given a check for the amount of money remaining in your trust account at the time of your release.

Your receipt will be necessary to file a claim for missing items.

If you are transferred to prison, all of your personal property will be held for 30 days, and then it will be disposed of. A property release form will be provided to you at the time of your transfer. It is your responsibility to provide the name and address of the person you want to give permission to pick up your property.

Unclaimed Property: LCJ, in accordance with law, will dispose of property not retrieved within (90) days after an inmate’s release from custody.

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Phone directory

Lincoln County Jail Information Pretrial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-4454 District Court Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-4456 Circuit Court Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-4457 Public Defender. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-4458 Securus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-4459 Impound Lot. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-4460

Homeless and Emergency Night Shelters Center for Women and Families 927 South 2nd Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-7200 The Healing Place (Men) 1320 West Market Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-4848 The Healing Place (Women) 1207 West Broadway. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-6680 Haven’s House 3613 East 14th Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-1197 Wayside Christian Mission 3312 East Market Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-3373 St. Vincent de Paul Ozanam Inn (Men) 3482 South Jackson Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-2480 Salvation Army 311 East Brook Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-1170

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Phone directory

LCJ

Attorneys Ackerman, Samuel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-1180 Ackerman Law Firm Specializing in Criminal Defense Anderson, Kim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-1181 Kim Anderson, Attorney At Law Specialist in Bail Reduction, Pre-Trial Diversion Billings, Kathy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-1182 Byers & Byers Specializing in Criminal Defense Bright, John, III. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-1183 Bright Law Firm Know Your Rights Edward Byers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-1184 Byers & Byers Former Prosecutor Who Knows the Law Chavez, Victor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-1185 The Victor Chavez Freedom Partnership Specialist in Criminal Defense

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At to r n e ys

Phone directory

Name and Firm

Specialty

Phone

Ackerman, Samuel Ackerman Law Firm

Criminal Defense

555-1180

Anderson, Kim Kim Anderson, Attorney At Law

Bail Reduction, Pre-Trial Diversion

555-1181

Billings, Kathy Byers & Byers

Criminal Defense, Appeals

555-1182

Bright, John, III Bright Law Firm

Know Your Rights

555-1183

Edward Byers Byers & Byers

Former Prosecutor Who Knows the Law

555-1184

Chavez, Victor The Victor Chavez Freedom Partnership

Criminal Defense, Civil Rights Violations, Appeals

555-1185

Crist, Charlie Crist, Deloitte & Sample

Your Best Defense is a 555-1186 Good Offense

Cynter, Joshua Baines Cynter Associates

Criminal & Family Law

555-1187

Denis, Sandra Ackerman Law Firm

Criminal Defense

555-1188

Doughty, Michael Mike Doughty Attorneys

Criminal & Civil Court Representation

555-1189

Everest, Ed Everest Defense Team

Criminal Defense

555-1190

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Phone directory

LCJ

Barry Alter (DCJS #08-344278) . . . . . . . . . . . . . . . . . . . . . . . 555-1480 Bail Bond Express Bob Charles (DCJS #08-234234). . . . . . . . . . . . . . . . . . . . . . . 555-1481 BAIL BONDS UNLIMITED

Davis, Douglas (DCJS #08-230021). . . . . . . . . . . . . . . . . . . . 555-1483 C U FREE Bail Bonds Doughtry, Sam (DCJS #44-209453). . . . . . . . . . . . . . . . . . . . 555-1484 Doughtry Bail Bonds Evans, Leslie (DCJS #44-210411). . . . . . . . . . . . . . . . . . . . . . 555-1485 bail bonds for less

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BAI L BON D S MEN

Robert “Cheez” Czysnevski (DCJS #08-569239). . . . . . . . . 555-1482 Big C Bail Bondsmen

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Phone directory

Attorneys CRIMINAL DEFENSE Ackerman, Samuel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-1180 Ackerman Law Firm Anderson, Kim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-1181 Kim Anderson, Attorney At Law Billings, Kathy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-1182 Byers & Byers CIVIL RIGHTS Edward Byers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-1184 Byers & Byers Former Prosecutor Who Knows the Law Chavez, Victor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-1185 The Victor Chavez Freedom Partnership Crist, Charlie Crist, Deloitte & Sample. . . . . . . . . . . . . . . . . . . . . . . . . . 555-1186 APPEALS Cynter, Joshua Baines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555-1187 Cynter Associates

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Phone directory

LCJ

Bail Bondsmen Barry Alter (DCJS #08-344278) . . . . . . . . . . . . . . . . . . . . . . . 555-1480 Bail Bond Express Bob Charles (DCJS #08-234234). . . . . . . . . . . . . . . . . . . . . . . 555-1481 BAIL BONDS UNLIMITED Robert “Cheez” Czysnevski (DCJS #08-569239). . . . . . . . . 555-1482 Big C Bail Bondsmen Davis, Douglas (DCJS #08-230021). . . . . . . . . . . . . . . . . . . . 555-1483 C U FREE Bail Bonds

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NOTES

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NOTES

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Lincoln County Jail Handbook for Inmates

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No Public Funds were used in the printing of this handbook.

Information in this handbook is subject to change at any time.

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