HomeMy WebLinkAboutO-2859 - Amends Ch. 2.45, jail/detention facilities (2.45)---
CITY OF MARYSVILLE
Marysville, Washington
.-'
ORDINANCE NO).~
AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING
PORTIONS OF ORDINANCES NO. 1589 AND NO. 2514 CODIFIED IN
MARYSVILLE MUNICIPAL CODE CHAPTER 2.45 ENTITLED "JAIL
FACILITIES" PROVIDING FOR NEW PROVISIONS RELATING TO
CUSTODIAL CARE STANDARDS FOR THE MARYSVILLE JAIL /
DETENTION FACILITY; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the City desires to revise and update the Marysville Municipal Code (MMC)
Chapter 2.45 entitled "JAIL FACILITIES" relating to Custodial Care Standards for the
Marysville Jail/Detention Facility.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Marysville Municipal Code Chapter 2.45 entitled "JAIL FACILITIES"
is hereby amended to be entitled "JAIUDETENTION FACILITIES" and to read as follows:
Chapter 2.45
JAILIDETENTION FACILITIES
Sections:
2.45.010 State statutes adopted.
2.45.020 Jail/Detention Facility booking fees.
CUSTODIAL CARE STANDARDS FOR THE MARYSVILLE JAIL /
DETENTION FACILITY.
2.45.021 Physical Plant Standards
2.45.022 Emergency Suspension of Custodial Care Standards
2.45.023 General Administration
2.45.024 Training
2.45.025 Records
2.45.026 Emergency Procedures
2.45.027 Use of Force
2.45.028 Admissions
2.45.029 Classification and Segregation
2.45.030 Release and Transfer
2.45.031 Staffing and Surveillance
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2.45.032 Supervision And Surveillance..,... Security Devices
2.45.033 Critical Articles
2.45.034 Rules of Conduct
2.45.035 Written Procedures for Medical Services
2.45.036 Access to Health Care
2.45.037 Access to Facilities
2.45.038 Meals
2.45.039 Visitation
2.45.040 Mail
2.45.04] Telephone Usage
2.45.042 Good Time
2.45.043 Sanitation
2.45.044 Grievance
2.45.010 State statutes adopted.
(Ord. 1589 § 1,1988).
2.45.020 JaiUDetention Facility booking fees.
(I) RCW 70.48.390 as set forth below, including all future amendments, is
adopted and incorporated by reference:
RCW 70.48.390
Fee payable by person being booked.
A governing unit may require that each person who is booked at a
city, county, or regional jail pay a fee based on the jail's actual
booking costs or one hundred dollars, whichever is less, to the
sheriffs department of the county or police chief of the city in
which the jail is located. The fee is payable immediately from
any money then possessed by the person being booked, or any
money deposited with the sheriffs department or city jail
administration on the person's behalf. {fthe person has no funds
at the time of booking or during the period of incarceration, the
sheriff or police chief may notify the court in the county or city
where the charges related to the booking are pending, and may
request the assessment of the fee. Unless the person is held on
other criminal matters, if the person is not charged, is acqui tted,
or if aJ I charged are dismissed, the sheri ff or police chief shall
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return the fee to the person at the last known address listed in the
booking records.
(2) Unless otherwise established by interlocal agreement, the booking fee
payable by persons booked into the Marysville municipal jaillDetention Facility
shall be $32.00. (Ord. 2514 §§ 2, 3,2004).
CUSTODIAL CARE STANDARDS FOR THE MARYSVILLE JAIL/
DETENTION FACILITY.
2.45.021 Physical Plant Standards.
Holding facilities shall be secure. Such facilities shall have adequate lighting, heat,
ventilation, and fire detection and suppression equipment. Each Detention facility cell
shall be equipped with a toilet, lavatory and drinking water facilities. A telephone shall be
accessible.
2.45.022 Emergency Suspension Of Custodial Care Standards.
Nothing in these standards shall be construed to deny the power of the Chief of Police or
his designee to temporarily suspend any standard herein prescribed in the event of an
emergency which threatens the safety or security of any jail, prisoners, staff or the public.
2.45.023 General Administration.
There shall be written policies and procedures which shall be made available to each
authorized person who is responsible for the confinement of a prisoner in the facility. The
Chief of Police or his designee may establish a commissary program for inmate
participation.
2.45.024 Training.
All authorized persons responsible for the confinement of a prisoner shall receive an
orientation to the policies and procedures ofthe facility relative to their duties. All
Custody Officers shall complete a Basic Custody Officer or equivalence course approved
by Washington State Criminal Justice Training Commission (CJTC) with-in the time
specified by CJTC. On-the-job training shall be provided as deemed appropriate by the
Chief of Police or his designee.
2.45.025 Records.
If formal booking occurs in the facility, the information shall be recorded on a booking
form. Any medical problems experienced by a prisoner while in the facility shall be
recorded and such records maintained. Information concerning medical problems shall be
transmitted at the time the prisoner is transported to another jail, hospital, or other
facility.
(1) Prison population records shall be maintained by keeping a jail register for
each holding facility.
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(2) Written infraction and discipline records shall be maintained for all
incidents which result in major property damage or bodily harm in accordance
with State retention schedules and rules.
2.45.026 Emergency Procedures.
The emergency plan shall outline the responsibilities of department staff, evacuation
procedures, and subsequent disposition of the prisoners after removal from the area or
facility. All personnel should be trained in the emergency procedures.
2.45.027 Use of Force.
The Chief of Police or his designee shall establish and maintain written policies and
procedures regarding the use offorce and the use of deadly force. Control may be
achieved through advice, warnings, and persuasion, or by the use of physical force
(lethal-nonlethal). While the use of physical force may be necessary in situations which
cannot be otherwise controlled, force may not be resorted to unless other reasonable
alternatives have been exhausted or would clearly be ineffective under the particular
circumstances. Officers are permitted to use only the amount of force that is reasonable
and necessary to overcome the resistance and to protect others or themselves from bodily
hailll and/or to effect an arrest.
2.45.028 Admissions.
No prisoner shall be confined without proper legal authority.
(1) Each prisoner, within a reasonable period of time after completion of
booking, shall be advised of his right to, and be allowed to complete, at least two
local or collect calls to persons of his choice who may be able to come to his
assistance. If the prisoner chooses not to place the calls allowed, this information
shall be noted on the booking form; provided, that appropriate protection of
access to an attorney shall be maintained for prisoners without funds.
(2) Reasonable provisions for communication with non-English speaking,
handicapped and illiterate prisoners shall be provided.
(3) The booking process shall be completed promptly unless extenuating
circumstances necessitate delay.
(4) Search/Examination Guidelines -The Chief of Police or his designee shall
establish and maintain written policies and procedures regarding pat searches,
strip searches, and body cavity searches, which shall be consistent with this
section.
2.45.029 Classification and Segregation.
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The chief of police or his designee shall establish and maintain written policies and
procedures regarding Classification and Segregation of inmates.
2.45.030 Release and Transfer.
The releasing officer shall determine prisoner identity and ascertain that there is legal
authority for the release. Information required on the release forms shall be recorded for
each prisoner released from the facility. All prisoners being released shall sign a receipt
for personal property returned.
2.45.031 Staffing and SurveilJance.
There shall be continual sight and/or sound surveillance of all prisoners. Such
surveillance may be by remote means, provided there is the ability of staff to respond
face-to-face to any prisoner within a reasonable time.
2.45.032 Supervision and SurveiHance -Security Devices.
Security devices shall be maintained in proper working condition at all times.
2.45.033 Critical Articles.
All holding facilities shall establish written procedures to insure that weapons shall be
inaccessible to prisoners at all times.
(1) Weapons are prohibited in the holding area. There shall be no firearms carried
into the Detention Facility.
(2) The evacuation keys are located at the bottom of the stair case 1eadi ng towards
the patrol sergeant's office in a locked box.
2.45.034 Rules of Conduct.
Prisoners shall be informed of facility rules and regulations, if they are established.
2.45.035 Written Procedures for Medical Services.
Medical services shall be provided only by licensed or certified health care or emergency
response providers.
2.45.036 Access to Health Care.
Prisoner complaints of injury or illness, or staff observations of such shall be acted upon
by staff as soon as reasonably possible. Prisoners shall be provided with medical
diagnosis or treatment as necessary.
(1) Standard first-aid kits shall be conveniently available to all jails.
(2) A record of the date, time, place and name of the health care provider shall
be retained on file at the jail if any health care services are provided to prisoners.
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2.45.037 Access to Facilities.
Each prisoner shall have access to toilet, sink, drinking water, and adequate heat and
ventilation.
(1) Prisoners shall be issued a clean blanket when appropriate. The blankct
shall be washed at frequent intervals to maintain a clean condition, and always
before reissue.
(2) The Chief of Police or his designee should allow confidential visits from
business, educational and law enforcement professionals.
2.45.038 Meals.
Jail meals shall be nutritious and provide for appropriate caloric intake.
2.45.039 Visitation.
Visitation times for inmates will be set by the Custody sergeants and subject to change
without notice. Custody officers are responsible to regulate visitation, inform visitors and
inmates when to visit. Staff shall direct the visitor's attention to all of the conspicuously
posted signs pertaining to visitation
2.45.040 Mail.
The Chief of Police or his designee shall establish a pol iey regarding inmate mail and
correspondences.
2.45.041 Telephone Usage.
The Chief of Police or his designee shall establish and post rules whieh specify regular
telephone usage times and maximum length of calls (not to be less than five minutes).
2.45.042 Good Time.
The Chief of Police or his designee should develop written policies regarding time off for
good behavior. Such policies should ensure that good time, when authorized by
sentencing courts, is given on a consistent basis, and in accordance with RCW 70.48.210
2.45.043 Sanitation.
(1) General Sanitation. The jail shall be kept in a clean and sanitary condition,
free from any accumulation of dirt, filth, rubbish, garbage, or other matter
detrimental to health.
(2) When the facility is occupied, the housckeeping program shall include a
daily general sanitation inspection and daily removal of trash and garbage.
(3) Each prisoner shall clean his own living area daily
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(4) Insects and Rodents. Insects and rodents shall be el iminated by safe and
effective means.
(5) Pets shall not be allowed in the jail
(6) Laundry. There shall be adequate laundry services.
2.45.044 Grievance.
The Chief of Police or his designee for each jail should develop and maintain procedures
for the collection of prisoner grievances. Such procedures should provide for persons to
whom grievances are to be directed, for timely review of grievances and for notification
of action taken regarding the grievance.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of
any other section, subsection, sentence, clause, phrase or word of this ordinance.
Section 4. Effective Date. This ordinance shall become effective five days after the date of its
publication by summary.
PASSED by the City Council and APPROVED by the mayor this qVA, day of rY7u j201t.
ATTEST:
APPROVED AS TO FORM
'Grant K. Weed, City Attorney.
Date of Publication: -~-J..L.1.~'---'-------
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