Police Department Policy

04-16 (New 8-18)_Temporary Release_3037-12262019

Sacramento County Sheriff

Policy Text
(Correctional Services) P age 1 of 5 04/16 (NEW 8/18) Temporary Release The purpose for this Operations Order is to outline procedures to determine if an inmate meets specific criteria to qualif y for a temporary release from custody. A temporary release may be granted to an in mate to handle family emergencie s, or to complete specific arrangements in preparati on for their return to the co mmunity, or as the result of an order from a Superior Court Judge. I. Policy Statement The Sheriff’s Department recognize s persons in custody may have to attend to personal matters that may a rise during their cust ody. Inmates confined i n the Main Jail and/or the Rio Cosumnes Correctional Center may seek a temporary release p ursuant to a lawful court order in accordance with Penal Code 4004, a lawful order from a Superior Court Judge ordering the Sheriff to rel ease an inmate, or through a r equest pursuant to Penal Code 4018.6. Although the Sheriff has the authority to temporarily release a n inmate from custody, such releases should be rare and only at the urging of the Supe rior Court. The Sheriff may allow inmates, who meet spe cific criteria, a temporary rele ase to handle family emergencies or to complete spec ific arrangements in preparation for their return to the community in accordance with Penal Code 4018.6. II. Definitions: A. Family Emergencies 1. Death 2. Seriously/Critically ill - “death bed visit” B. Immediate Family Members 1. Parents 2. Grandparents 3. Spouse 4. Siblings (includes step & half) 5. Children (includes step & half) 6. Registered Domestic Partner (Correctional Services) P age 2 of 5 04/16 (NEW 8/18) C. Applications for Temporary Release A form the inmate completes whe n requesting a temporary release from custody. Correctional staff will use the form to evaluate the need for a temporary release. A fillable PDF form used to type t he Application for Temporary Release in instances when the applicant’s writing is illegible. Once the form is complete, it will be attached to the inmate’s origi nal application and remain a par t of the original packet. D. Temporary Release Cl assification Review A fillable PDF form completed by Classification staff used to evaluate whether the applicant is a viable candidate for tempor ary release. The form will be attached to the Application for Tempo rary Release and remain a part of t he entire evaluation packet. E. Inmate Denial Letter A letter addressed to the applic ant stating the denial for a temporary release. The letter sh all be signed by the division commander. The original shall be given to the applicant, and a copy will be placed with the evaluation packet. F. Evaluation Packet Documents that are a part of t he application, review, and tempo rary release agreement or denial eval uation process allowing an inma te a temporary release pursuant to PC4018.6. The packet should minimally include: 1. Application for Temporary Release 2. Class Review 3. Denial Letter or Tempo rary Release Agreement G. Temporary Release Agreement A form completed by the Admini strative Sergeant or his/her designee and signed by the in mate. The agreement has the stipulations of the release and the time the inmate is to retur n to the facility. The original form shall be retained by the inmate, a nd a copy will be placed in the evaluation packet. III. General Information A. All applications for temporary release wil l be processed as soon as possible in considerat ion of the emergency. B. Pre-trial inmates will only be released pursuant to an order from a Superior Court Judge as out lined in Penal Code 4004. (Correctional Services) P age 3 of 5 04/16 (NEW 8/18) C. Generally, only sentenced inma tes are considered for a tempo rary release from custody (PC 4018.6). D. The procedures and criteria below are intended to ensure: 1. Only those inmates who pose minimal risk to the safety of th e public and are not a “fli ght” risk are released 2. Release pursuant to Penal Co de 4018.6 occurs in only the mos t exceptional of circumstances 3. The Sheriff’s Department has s ufficient time to evaluate the request, and 4. An inmate who is temporarily released remains in the presenc e of a responsible person IV. Procedure for Review of Reques ts for Temporary Release (PC 4018.6) A. When an inmate requests a tempor ary release, verbally or in writing, a housing unit officer will determi ne whether the inmate is Pre-T rial or sentenced. 1. If the requesting inmate is a Pre-Trial inmate, the deputy w ill direct the inmate to contact their attorney to petition the court for a te mporary release pursuant to Penal Code 4004. 2. If the inmate is sentenced , the housing unit officer will gi ve the inmate an “Application for Temporary Release”. B. The completed form will be fo rwarded to Classification staff by the receiving deputy no later t han by the end of their shift. C. Classification st aff will research

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