506-civil-detainees

Copyright Lexipol, LLC 2025/07/ 23, All Rights Reserved. Published with permission by Santa Clara County Office of the Sheriff Civil Detainees - 1 Santa Clara County Office of the Sheriff Custody Manual Civil Detainees 506.1 PURPOSE AND SCOPE This policy provides safeguards to ensure that any person held as a civil detainee is afforded appropriate standards of custody. Nothing in this policy prevents application of discipline under the Discipline Policy. 506.1.1 DEFINITIONS Definitions related to this policy include: Civil detainee - Any person in custody held for a reason other than for criminal matters (e.g., a person held in civil or criminal contempt, individuals in jail under the Sexually Violent Predators Act, a person committed on a Murphy Conservatorship). Enhanced security concern - A status applicable to a civil detainee that indicates the person poses an enhanced threat to staff or others due to the person's past criminal behavior, criminal sophistication, or other actions. 506.2 POLICY It is the policy of the Santa Clara County Office of the Sheriff Custody Bureau that any confinement conditions placed on civil detainees are for legitimate, non -punitive purposes. 506.3 LESS RESTRICTIVE CONDITIONS The Assistant Sheriff of Custody Operations or the authorized designee should institute alternative and less harsh confinement methods for civil detainees, while maintaining security and effective management of the jail(s). Civil detainees should not be restricted in their activities to any extent greater than reasonably necessary to maintain order and security, and to ensure their appearance at any scheduled legal proceeding. 506.4 SCREENING Civil detainees should undergo the same screening process as any newly accepted incarcerated person, including attention to whether the person poses an enhanced security concern. The Operational Services Division Commander or the authorized designee should review screening documents to ensure any security concerns are appropriately addressed and are part of the detainee's record. 506.5 ORIENTATION Civil detainees should receive orientation materials explaining the benefits and rules that are applicable to them. Sworn staff should review the grievance process with the civil detainees and encourage them to use the grievance process when appropriate. Policy 506 Docusign Envelope ID: E57B131B-8936-4ED6-AA01-EA67DC17B515 Santa Clara County Office of the Sheriff Custody Manual Civil Detainees Copyright Lexipol, LLC 2025/07/ 23, All Rights Reserved. Published with permission by Santa Clara County Office of the Sheriff Civil Detainees - 2 506.6 CONDITIONS OF CONFINEMENT IN HOUSING All civil detainees shall be housed separately from other incarcerated persons (Pen al Code § 4000 et seq.). 506.6.1 CLOTHING Civil detainees shall be provided with clothing exchange opportunities that are less restrictive than those of incarcerated persons in general population. 506.6.2 USE OF RESTRAINTS AND TRANSPORTATION Civil detainees should not be placed in leg or waist restraints absent an identified security concern. Civil detainees may be handcuffed in the event that there is a need to control the detainee based on identified security concerns. Civil detainees should be transported separately from incarcerated persons. 506.6.3 EXERCISE AND OUT -OF-CELL TIME Civil detainees shall receive less restrictive exercise and Out -of-Cell time opportunities than afforded to incarcerated persons in general population. 506.6.4 ACCESS TO MAIL AND TELEPHONE Civil detainees shall have the same access to books, periodicals, and magazines as afforded to any other general population incarcerated person, except incoming books and magazines must only be censored with a substantial government interest, and only when it is necessary or essential to address the particular government interest. Incoming books, periodicals, or magazines may be confiscated from a civil detainee when there is a government interest in: (a) Maintaining jail(s) security and safety, such as a book covering improvised weapons or promoting aggression. (b) Preventing dangerous conduct. (c) Complying with a court order or court -ordered treatment plan. Outgoing and incoming mail may be inspected but not read, unless there is specific and articulable information to believe a safety or security concern exists. Civil detainees shall be provided with less restrictive telephone access opportunities than those afforded to incarcerated persons in general population. 506.6.5 VISITING Civil detainees shall be allowed the same frequency of visitation access as incarcerated persons in the general population. Civil detainees will be provided the same legal, social service, religious, and other visits that incarcerated persons in the general population receive. 506.6.6 HEALTH CARE SERVICES Civil detainees shall be provided the same access to medical, dental, and mental health services as afforded to incarcerated persons in general population. Docusign Envelope ID: E57B131B-8936-4ED6-AA01-EA67DC17B515 Santa Clara County Office of the Sheriff Custody Manual