Policy Text
Court Security Division Page 1 of 7 3/06 (NEW 6/11)
Procedures: Inmate Security Hearings
The purpose of this Operations Or der is to establish guidelines for conducting inmate
security hearings at all Sacram ento County Superior Court facil ities.
I. Policy
Extraordinary security practices carry an inordinate risk of in fringing upon a
criminal defendant's right to a f air jury trial or preliminary hearing. These
exceptional practices must be ju stified by a particularized sho wing of manifest
need sufficient to overcome the s ubstantial risk of prejudice t hey impose.
In the interest of minimizing the likelihood of escape, courtro om violence, or other
disruption, the court is vested , upon proper showing, with disc retion to order the
physical restraint or monitoring most suitable for a particular inmate. The
showing of non-conforming behavior in support of the court's de termination to
impose physical restraints or monitoring must appear as a matte r of record and
out of the jury's presence.
Upon request of the court, it is the policy of the Sheriff's De partment to conduct a
"security hearing" in any case when, in the opinion of the Sher iff's Department,
an inmate (defendant or witness), has demonstrated a propensity for escape,
violence, insubordination, or other potentially dangerous activ ity or disruption,
including threats.
II. Authority
A. No person charged wit h a public offense ma y be subjected, be fore
conviction, to any more restrain t than is necessary for his det ention to
answer the charge.
1. California Penal Code section 688.
B. The shackling of witnesses is an unfortunat e and undesirable practice
which should be employed only in cases of extreme need.
1. U.S. v. Esquer, 459 F.2d 431 (1972) C. A defendant cannot be subjected to physical restraints of an y kind in the
courtroom, while in the jury’s p resence, unless there is a show ing of a
manifest need for such restraints.
Court Security Division Page 2 of 7 3/06 (NEW 6/11) 1. People v. Duran, 16 Cal. 3d 282 (1976)
D. The presence of additional u niformed armed guards in a cour troom, or
sitting directly behind, or in c lose proximity to, an in-custo dy defendant, at
the counsel table, is not an inher ently prejudicial practice t hat must be
justified under a higher standard of scrutiny.
1. Holbrook v. Flynn, 475 U.S. 560 (1986) E. As at trial, shackling shoul d not be employed at a prelimin ary hearing
absent some showing of nece ssity for their use. The dangers o f
unwarranted shackling at the pr eliminary hearing are not as su bstantial as
those presented at trial, theref ore a lesser showing than that required at
trial is appropriate.
1. People v. Fierro, 1 Cal. 4th 173 (1991)
F. The stationing of a courtroom deputy next to a testifying de fendant is not
an inherently prejudicial practic e that must be justified by a showing of
manifest need, but the trial cour t must exercise its own discre tion and
determine on a case-by-case bas is whether such heightened secur ity is
appropriate.
1. People v. Stevens, 47 Cal. 4
th 625 (2009)
III. Types of Inmate Security
A. Physical Restraints 1. Handcuffs 2. Belly-Chains and Shackles B. Presence of Security (Monitoring) 1. Escort Officer sits directl y behind, or in very close prox imity to, an
in-custody defendant who's s eated at the counsel table.
2. Escort Officer sits directl y to the side, and in close pro ximity to, an
in-custody defendant or witness who is seated at the witness stand.
3. Bailiff and/or one or more additional armed/unarmed unifor med
officers present at various pos itions within t he courtroom.
IV. General Guidelines
A. In-custody defendants 1. During a preliminary hearing or jury trial, in-custody defe ndants who
are escorted in handcuffs into t he courtroom from the Holding Area,
will not be restrained at the counsel table or witness stand.
Court Security Division Page 3 of 7 3/06 (NEW 6/11) 2. During a preliminary hearing or jury trial, in-custody defe ndants,
who are escorted in belly-chain s and shackles into the courtr oom
from the Holding Ar ea, will be restrained at the counsel tab le or
witness stand, as follows:
a. Leg Shackles remain on or r emoved at the discretion of the
E s c o r t O f f i c e r .
b. Waist chain is secured to t he security chair and hidden fr om
t h e v i e w o f the jury.
c. One or both hands are un-cu ffed at the discretion of the
E s c o r t O f f i c e r .
B. During a trial, in-custody defendants may be restrained in t he presence of
a jury, when:
1. The in-cust