Policy Text
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Sheriff Incarcerated Person Rights - 1 Santa Clara County Office of the Sheriff
Custody Policy Manual
Incarcerated Person Rights
605.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines to ensure that incarcerated persons are
afforded their fundamental rights and are treated in accordance with applicable laws and
standards. This policy is intended to promote a safe, secure, and healthf ul environment in which
incarcerated persons are protected from abuse, physical or unlawful punishment, harassment,
discrimination, and intimidation.
605.2 POLICY
It is the policy of the Santa Clara County Office of the Sheriff to make every reasonable effort to protect incarcerated persons from abuse, unlawful punishment, harassment, discrimination, and
intimidation by staff or other incarcerated persons. Sworn staff shall take all reasonable measures
to maintain a safe, secure, and humane custodial environment. Any abuse or mistreatment of
incarcerated persons by staff or other incarcerated persons is strictly prohibited and will not be
tolerated.
605.3 STAFF RESPONSIBILITIES
It shall be the responsibility of all staff to adhere to established policies, procedures, and practices
in order to comply with this policy, including but not limited to:
(a) Following classification guidelines for the housing of incarcerated persons.
(b) Closely supervising incarcerated person activities and intervening as needed to
prevent violence, harassment, and abuse.
(c) Using force only when necessary and to the degree that is objectively reasonable, and
never as a form of punishment or retaliation.
(d) Treating incarcerated persons with dignity and avoiding undue embarrassment or
indignity during the performance of searches and seizures.
(e) Reporting all incarcerated person injuries, investigating the cause of reported injuries,
and documenting these efforts in an Administrative Report.
(f) Enforcing all rules and regulations in a fair and consistent manner.
(g) Preventing any practice in which incarcerated persons conduct unauthorized
disciplinary proceedings or impose discipline on other incarcerated persons.
(h) Conducting required safety and security searches of all incarcerated person housing
areas.
(i) Inspecting all safety and security equipment for serviceability, documenting and reporting any defective equipment to the appropriate supervisor, and ensuring that all
defective equipment is replaced.
(j) Referring sick or injured incarcerated persons to Adult Custody Health Services
(ACHS) without unnecessary delay. Policy
605
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Custody Policy Manual
Incarcerated Person Rights
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Sheriff Incarcerated Person Rights - 2
(k) Maintaining high standards of cleanliness throughout the facilities.
(l) Documenting all abuse prevention efforts in a logbook, Jail Management System
(JMS), or Administrative Report, as applicable.
605.4 INCARCERATED PERSON RIGHTS
(a) Incarcerated persons shall be afforded rights relative to their confinement, including
but not limited to:
1. Living conditions that comply with state, federal, and local fire and safety laws
and regulations.
2. A wholesome, properly prepared nutritious diet.
3. A standard issue of clean, suitable clothing, bedding, and linen.
4. Personal grooming choices, including access to personal hygiene items and hair care services, limited only by facility requirements for safety, security,
identification, and hygiene.
(b) Incarcerated persons shall be afforded access to health care services, including but
not limited to:
1. Medical, dental, and mental health services under the supervision of licensed health personnel.
2. Availability of emergency medical, dental treatment, and mental health services
on a twenty -four-hour basis.
(c) Incarcerated persons shall be afforded equal access to programs and services as
outlined in Article 6, Title 15 of the California Code of Regulations (15 CCR
1061-
1073).
605.4.1 RIGHTS OF FEMALE INCARCERATED PERSONS
The provisions of this policy are applicable to female incarcerated persons housed within the
facilities. Additionally, the Sheriff's Office shall ensure the availability of counseling services
for female incarcerated persons, which offer comprehensive assistance and guidance for the
following:
(a) Family planning
(b) Pregnancy related care and support
(c) Planning for unborn children
(d) Information regarding applicable state laws related to abortion
The rights provided by this section shall be posted in at least one conspicuous place to which all
incarcerated persons capable of becoming pregnant have access.
605.5 POLICY REVIEW
This policy shall be reviewed at least once every two years.
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Santa Clara County Office of the Sheriff
Custody Policy Manual
Incarcerated Person Rights
Copyright Lexipol, LLC 2026/01/0 8, All Rights Reserved.
Published with permission by Santa Clara County Office of the
Sheriff Incarcerated Person Rights -