Police Department Policy

SO Custody Bureau Inmate Tablet Monitoring

Santa Clara Sheriff

Policy Text
Santa Clara County Office of the Sheriff Inmate Tablet Monitoring Surveillance Use Policy Santa Clara County Sheriff s Office Custody Bureau Santa Clara County Office of the Sheriff Custody Bureau Surveillance Use Policy - Inmate Tablet MonitoringPage I of6 October 2019 (v3) 1. Purpose The Inmate Tablet Services Platform (ITSP) provided by Legacy Long Distance Int'l Inc. (Legacy) records inmate tablet activity, which is monitored to assess safety and security issues within jail facilities. ITSP has an optional feature for inmate messaging, which shall not he enabled until Legacy provides a technological solution to ensure that Privileged Communication is not recorded or monitored by the County or Sherifls personnel. To monitor tablet activity, Legacy will provide the Office of the Sheriff s administrative accounts with access to a mobile device management system. This system shall be used to help the Sheriff s Office assess risk to the Correctional Facilities based on information shared by inmates during messaging that indicate security violations of inmates, introduction of contraband, escape plans, intentions to attack staff or others, attempts to direct, control, or participate in criminal behavior, or plans to adversely impact the jail's operation. 2. Authorized and Prohibited Uses A Monitoring/Recording notice shall be prominently displayed on the tablets advising inmates that their tablet usage is being monitored or recorded. A.Authorized uses for the mobile device management system shall include only the following: 1. Tablet Manasement a. Remote lock/disable device b. Remote Device Wipe c. Device Factory Reset d. Application Install and Removal e. Control Network Access f. Reassignment of Device to New User g. Emergency Shutdown h. Equipment Upgrades i. App Upgrades 2. Inmate Intemal Controls a. Translation - automatically translate inmate messages or requests into English b. Flagging - flag hot words, even misspellings, with e-mail or admin portal notifications c. Quarantines - block messages with hot words like "escape" before they are sent d. Link Analysis - analyze connections to external contacts and other inmates e. "Cut & Pqste" detection - prevent or flag communication through outside sources with detection of messages cut and pasted to other recipients f. Filtered Searches - limit any search to a specific location or charge Santa Clara County Office of the Sheriff Custody Bureau Surveillance Use Policy - Inmate Tablet MonitoringPage 2 of 6 October 2019 (v3) 3. Tablet Monitorine a. Listening to or monitoring in-progress ITSP calls and messaging b. Reviewing recorded ITSP calls and messaging c. Evidence collection from tablets d. Other law enforcement, custody, or first responder uses not prohibited by law All uses not authorized above shall be prohibited. The mobile device management system shall not be used for personal or non-official purposes. It shall be used in alegal manner, and shall not be used to harass, intimidate, or discriminate against any individual or group. The Sheriff s Office shall not listen to, read, or record a communication known by the listener, reader, or recorder to be privileged. Privileged communication shall be defined as attorney-client communication, physician-patient communication, and clergy-penitent communication. Any inadvertent recording of a privileged communication (e.g., a communication by an inmate to the inmate's attorney) shall be deleted upon discovery and ifthe recording has been copied, all copies shall be deleted immediately. DIf communication is made to the Adult Custody Office of the Ombuds (ACOO), formerly known as the Jail Observer Progtam, the communication shall not be observed, listened to or recorded. 3. Data Collection A. It shall be permissible for the following data to be obtained through the mobile device management system for each tablet: a. Monthly Usage Reports by inmate or facility o Courses completed o Certificates Issued o Points Eamed o Peak Usage Times b. Inmate's User Identification c. User activity o Content Viewed o Progress on educational componentsB C Santa Clara County Office of the Sheriff Custody Bureau Surveillance Use Policy - Inmate Tablet MonitoringPage 3 of6 October 2019 (v3) . Aggregate Tablet Usage information d. Number dialed by the inmate e. Duration and content of call or messaging f. Exact tablet the call or message was placed on g. Submission details and tracking for Grievances, Requests, and Commissary Orders h. Actions taken by Sheriff s Office administrativs users to limit or restrict inmate access 4, Data Access Access to the mobile device management system data shall be limited to authorized Sheriff s Office personnel in writing, which includes the Sheriff s Classification Unit, Intel Unit, Programs Unit, Facility Commanders, Sheriff s persorurel conducting a specific criminal or administrative investigation; and the vendor (Legacy) for only the purposes of maintaining their system (maintenance, updates, quality control, etc.). 5. Data Protection The County's contract for tablet monitoring shall require that data from the mobile device management system shall be maintained securely. Currently, Legacy provides secure hard drives located at its Cypress headquarters, to securely store all data captured by the mobile device management system. The data shall be made available to the Classification Unit through a secure web-based management portal, hosted by Legacy. All authorized staff with access to the Legacy management portal shall observe all required security measures to ensure that access to the mobile device management system is limited to authorized personnel only. 6. Data

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