Police Department Policy

doc_1484832

Santa Ana PD

Policy Text
Policy 600Santa Ana Police Department Custody Manual Copyright Lexipol, LLC 2025/04/15, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Discipline - 1Discipline 600.1 PURPOSE AND SCOPE This policy addresses the fair and equitable application of incarcerated person rules and disciplinary actions for those who fail to comply (15 CCR 1081). 600.2 POLICY It is the policy of this department to maintain written general categories of prohibited incarcerated person behavior that are clear, consistent, and uniformly applied. Written rules and guidelines will be made available to all incarcerated persons. They will include a process for resolving minor infractions and a hearing process for a more serious breach of incarcerated person rules. Criminal acts may be referred to the appropriate criminal agency. 600.3 DUE PROCESS Incarcerated persons who are subject to discipline as a result of rule violations shall be afforded the procedural due process by the Jail Administrator established in the policies, procedures, and practices relating to incarcerated person discipline. All incarcerated persons will be made aware of the rules of conduct related to maintaining facility safety, security, and order, as well as clearly defined actions for rule violations. Staff will not engage in arbitrary actions against incarcerated persons. All disciplinary actions will follow clearly established procedures. All disciplinary actions will be fairly and consistently applied (15 CCR 1081 et seq.). The process for an incarcerated person accused of a major rule violation includes: (a)A fair hearing in which the Discipline Supervisor or the authorized designee presents factual evidence supporting the rule violation and the disciplinary action. (b)Advance notice to the incarcerated person of the disciplinary hearing, to allow the incarcerated person time to prepare a defense. (c)An impartial hearing officer. (d)The limited right to call witnesses and/or present evidence on the person's behalf. (e)The appointment of an assistant or representative in cases where the incarcerated person may be incapable of self-representation. (f)A formal written decision that summarizes the evidence relied on by the hearing officer, the reasons for any actions, and an explanation of the appeal process. (g)Reasonable actions for violating rules that relate to the severity of the violation. (h)The opportunity to appeal the finding. 600.3.1 RULES AND ACTIONS The Jail Administrator is responsible for ensuring that rules and actions are developed, distributed, reviewed annually, and revised as needed. Santa Ana Police Department Custody Manual Discipline Copyright Lexipol, LLC 2025/04/15, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Discipline - 2Incarcerated persons cannot be held accountable for rules of which they are unaware. However, it is impossible to define every possible prohibited act or rule violation that might be encountered in a detention facility. Therefore, a current list of recognized infractions that are generally prohibited should be available in each housing unit. All incarcerated persons, regardless of their housing unit, shall have access to these rules. For those individuals with limited literacy, unable to read English, and for persons with disabilities, provisions shall be made for staff to instruct them verbally or provide them with material in an understandable form (15 CCR 1080) (see the Handbook and Orientation Policy). Disciplinary procedures governing incarcerated person rule violations should address rules, minor and major violations, criminal offenses, disciplinary reports, prehearing detention, and prehearing actions or investigations. 600.3.2 POSTING The Jail Administrator or authorized designee is responsible for conspicuously posting notices about rules, disciplinary procedures, and actions in a conspicuous location, as set forth in 15 CCR 1080. 600.3.3 RULE VIOLATION REPORTS California Penal Code § 4019.5 requires that all disciplinary actions administered be documented. This requirement may be satisfied by retaining copies of rule violation reports, including the disposition of each violation (15 CCR 1084). Rule violation reports are required for major rule violations or any other violation that will require investigation or a formal resolution. The staff member who observed or detected the rule violation or who was charged with investigating a rule violation is responsible for completing the rule violation report. The rule violation report shall include, at a minimum: •The date, time, and location of the incident. •Specific rules violated. •A written description of the incident. •The identity of known participants in the incident. •Identity of any witnesses to the incident. •Description and disposition of any physical evidence. •Action taken by staff, including any use of force. •Name and signature of the reporting correctional officer. •Date and time of the report. The supervisor investigating the violation shall ensure that certain items are documented in the investigation or rule violation report, including: •Date and time the explanation and the written copy of the complaint and appeal process was provided to the incarcerated person. Santa Ana Police Department Custody Manual Discipline Copyright Lexipol, LLC 2025/04/15, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Discipline - 3•The incarcerated person's response to the charges. •Reasons for any actions. •The identity of any staff or witnesses involved, as revealed by the incarcerated person. •The findings of the hearing officer. •The incarcerated person's appeal, if any. •The appeal findings, if applicable. 600.4 RULE VIOLATION PROCEDURES Minor acts of non-conformance to the rules may be handled informally by any correctional officer (15 CCR 1081). A violation of rules observed by general service

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