Police Department Policy

N07

SD Sheriff

Policy Text
N.7 IN PROPRIA PERSONA STATUS (PRO PER INMATES) Page 1 of 5 #16//11 San Diego County Sheriff’s Department Detention Services Bureau – Manual of Policies and Procedures PURPOSE To establish uniform procedures for the treatment of inmates granted in propria persona status. POLICY All facilities will provide fair and equitable treatment for inmates in propria persona status . PROCEDURE I. IN PROPRIA PERSONA (PRO PER) STATUS An inmate who is granted pro per status by c ourt order in a criminal case shall receive the privileges described in this section. Pro per pri vileges are granted for criminal cases only. Civil, juvenile and family law cases are not eligible for pro per privileges but may be granted pro per status by the court. Pro per privileges will terminate upon sentencing or the conclusion of their conditi ons of confinement case in the trial court. The detention processing t echnician (DPT) receiving the court order will make three copies of the order and distribute one to the facility correctional c ounselor, one to the w atch c ommander and one copy to a Jai l Population Management Unit ( JPMU ) sergeant at San Diego Central Jail (SDCJ ). JPMU will enter the pro per status into the Jail Information Management System (JIMS). The w atch c ommander is authorized to suspend any and all of the pro per rights herein ordered for cause. A. The Sheriff or designee shall immediately notify the c ourt of any suspension or limitation of any of the described privileges. B. The inmate may appeal to the f acility commander. If not satisfied, the inmate may petition the c ourt, which ma y in turn order a hearing to determine if the suspended privileges shall be restored. II. PRO PER SUPPLIES A. The following items will be furnished by the Sheriff’s Department or appointed legal assistants at the discretion of the c orrectional c ounselor. Regar dless of their origin, any and all supplies given to a pro per inmate shall be distributed and accounted for by the correctional c ounselor. These items may be possessed by the pro per inmate in reasonable quantities. DATE: JUNE 17, 2016 NUMBER: N.7 SUBJECT: IN PROPRIA PERSONA STATUS ( PRO PER INMATES) RELATED SECTIONS: N.3, N.5 , P.3, T.7 N.7 IN PROPRIA PERSONA STATUS (PRO PER INMATES) Page 2 of 5 #16//11 1. A reasonable quantity of pleading pap er, 8 ½ x 11 (up to ½ ream at any one time). 2. Ruled legal pads . 3. Standard legal size envelopes. 4. Golf pencils, lead black. 5. Erasers. 6. One (1) legal size accordion file. 7. 9 x 12 manila envelopes (for prepared mailings only). 8. Access to the l egal research area B. Replacement of any of the items listed above shall be accomplished through a written request to the c orrectional c ounselor. The c orrectional c ounselor will determine the validity of the request and furnish the appropriate supplies. Supplies provided by legal assistants will be received and distributed by the correctional counselor. All supplies given to the inmate will be logged by the c orrectional c ounselor in a pro per file. Any supplies that are additional to what is supplied by the Sheriff’s Department must be accompanied by a court order and supplied by Office of Assigned Counsel (OAC) . C. Access to ball point pens, for signature purposes only, will be provided through the correctional c ounselor. The c orrectional c ounselor will provide the pen a nd supervise its use. The pen will be returned to the c orrectional counselor immediately after all the necessary ink signatures are completed. D. The c orrectional c ounselor will duplicate one copy of an inmate’s final legal (criminal case) work product when ready to mail . If the inmate needs additional copies made, the inmate will arrange for a legal assistant to have it done for him/her. Inmates may purchase their own legal books to assist them in researching their case (refer to DSB P&P P.3 for additiona l information regarding personal books). Personal books must be marked with the inmate ’s name and booking number. Any books not authorized to be in the inmate’s possession in their cell or housing module will be stored in the c orrectional counselor’s office, and can be checked out for use during regular legal research area hours. III. LEGAL RUNNERS, INVESTIGATORS, AND/OR LEGAL RESEARCH AIDS Each pro per inmate in a criminal case may be authorized a legal runner/paralegal, investigator and/or a person authorized to aid him /her, none of which shall be at the expense of the Sheriff’s Department, and each of whom is subject to approval by the court. All appointed assistants , except the legal runner/paralegal , should be named specifically in the pro p er court order. A. Procedures for visiting with a pro per inmate. 1. Visits will be conducted utilizing the social visit phone system . Contact visits may be approved by the w atch c ommander for special circumstances ( this does not include attorneys). N.

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