202-supervision-of-incarcerated-persons

Copyright Lexipol, LLC 2025/0 8/01, All Rights Reserved. Published with permission by Santa Clara County Office of the Sheriff Supervision of Incarcerated Persons - 1 Santa Clara County Office of the Sheriff Custody Manual Supervision of Incarcerated Persons 202.1 PURPOSE AND SCOPE The purpose of this policy is to ensure the safety and security of the Santa Clara County Office of the Sheriff jails by providing continuous, 24 -hour supervision of incarcerated persons. 202.2 POLICY It is the policy of the Sheriff's Office to maintain appropriate staffing levels, as detailed in the Staffing Policy, sufficient to ensure the effective operation of its jails and to enable the continuous supervision of incarcerated persons. The Assistant Sheriff of Custody Operations or the authorized designee shall be responsible for developing staffing plans to comply with this policy. Records of sworn staff deployment shall be maintained in accordance with established records retention schedules (15 CCR 1027). 202.3 SUPERVISION OF INCARCERATED PERSONS There shall be sufficient sworn staff assigned to the jails at all times to supervise incarcerated persons, implement and operate all programs and activities as required by Title 15 of the California Code of Regulations (CCR), and respond to emergencies when needed. Sworn staff shall adhere to the following guidelines: (a) Sworn staff shall conduct and document welfare checks in accordance with the Incarcerated Person Welfare Checks Policy. (b) Sworn staff shall be immediately available and accessible to incarcerated persons in the event of an emergency (15 CCR 1027). (c) Sworn staff shall not leave their assigned post while incarcerated persons are present unless authorized by assignment Post Orders, properly relieved by other sworn staff, or authorized by a supervisor. (d) While supervising incarcerated persons, sworn staff shall not be assigned duties that hinder their ability to respond promptly to emergencies (15 CCR 1027). 202.3.1 SWORN STAFF ASSIGNMENTS (a) Sworn staff assignments shall be made in a fair and impartial manner, ensuring a balance between the operational needs of the jails and the professional growth and development of sworn staff. (b) Sworn staff assignments may be established to include the use of cross gender supervision and/or bona -fide occupational qualifications. (c) Shift supervisors may adjust assignments to effectively manage jail operations as circumstances dictate. Policy 202 Docusign Envelope ID: 8DC53A70-A6FA-4E8C-9B5B-CDB5D9783A5E Santa Clara County Office of the Sheriff Custody Manual Supervision of Incarcerated Persons Copyright Lexipol, LLC 2025/0 8/01, All Rights Reserved. Published with permission by Santa Clara County Office of the Sheriff Supervision of Incarcerated Persons - 2 202.3.2 CROSS GENDER SUPERVISION When incarcerated persons of each gender are held at any of the Sheriff's Office jails, at least one sworn staff member of each gender shall be on duty at each jail at all times. Specifically, whenever one or more females are in custody, at least one female sworn staff member shall be immediately available and accessible to such female incarcerated persons (Penal Code § 4021; 15 CCR 1027). (a) In accordance with the Prison Rape Elimination Act Policy, the jails shall implement procedures that enable incarcerated persons to shower, perform bodily functions, and change clothing without non- medical staff of the opposite gender viewing their breasts, buttocks, or genitalia, except in exigent circumstances or when such viewing is incidental to routine welfare checks. 1. To the extent reasonably practicable, incarcerated person bathrooms shall be equipped with modesty screens that preserve privacy while still allowing for proper supervision. (b) In accordance with Penal Code 4021(b), sworn staff shall be allowed to work any assigned post within the jails that houses incarcerated persons of the opposite gender. In the absence of exigent circumstances, sworn staff supervising incarcerated persons of the opposite gender shall comply with the following restrictions: 1. Sworn staff shall not enter a cell or room (single and double occupancy cells, as defined in Title 24 of the CCR § 1231.2.6- 7) occupied by an incarcerated person of the opposite gender except when accompanied by staff of the same gender as the incarcerated person. (a) Supervisors shall plan staffing to ensure that sworn staff is available within a reasonable timeframe to accompany or assist sworn staff supervising incarcerated persons of the opposite gender when a situation requires entering a cell or room of an incarcerated person of the opposite gender. 2. Sworn staff shall conduct all searches of incarcerated persons in accordance with the guidelines outlined in the Searches Policy. 3. Sworn staff shall notify a supervisor immediately if they believe an assignment or task conflicts with Penal Code 4021(b). (c) In exigent circumstances, any available sworn staff member shall respond immediately regardless of the gender of the incarcerated person(s) involved or the location of the emergency. 202.4