- Purpose: The purpose of this order is to establish policy, including guidelines and procedures, for the Denver Sheriff Department ("DSD" or the “Department") regarding the care and custody of persons in custody who are classified and assigned to the restrictive housing unit based upon administrative, disciplinary, or security determinations or placed into restrictive housing as defined by this policy to ensure compliance with state and federal law.
- Policy: It is the policy of the DSD to ensure that all persons in custody within DSD's custody are classified and housed appropriately in compliance with state and federal law and to ensure the safety and security of persons in DSD's custody, staff and the jail facilities. The department acknowledges and understands that placing persons in custody in restrictive housing who have specific behavioral health and/or health conditions has the potential to result in substantial negative impacts to that person in custody and has established this policy to ensure that appropriate steps are taken to avoid such placement unless certain conditions are present. The DSD is committed to ensuring that restrictive housing is used only when necessary and appropriate for persons in custody based upon reasonable and legitimate safety and security concerns and in compliance with federal and state requirements.
- The DSD may utilize single occupancy cells/rooms for:
- maximum and close custody;
- persons in custody who have violated institutional rules;
- when certain conditions are present, such as when persons in custody have severe medical issue or serious mental illness, which requires such separation (determined in conjunction with a medical assessment),
- sexual predators;
- persons in custody who are likely to be exploited or victimized by others; and
- persons in custody who may have other special needs for single occupancy housing. <ACA 4-ALDF 2A-34>
- The purpose of this formal process intends to reduce the risk of assaults or disruptive behavior and help ensure the overall safety and security of staff, persons in custody, and the facility.
- Cancellation: This order supersedes and cancels previous versions of Department Order 1.00.1022.
- Administrative Review Board (ARB):
- The ARB shall review all persons in custody classified as Restricted Housing, Protective Custody, Administrative Detention, Disciplinary Detention/Corrective Confinement, or any other persons in custody housed in a restrictive housing unit to determine if the person in custody is appropriately classified and housed. In addition, the board shall review the person in custody’s behavior, classification status, housing, and other needs. The ARB is appointed by the operations support major or designee and composed of at least three (3) staff members from different disciplines or ranks listed below:
- a Classification Unit supervisor;
- a Classification Unit deputy; and
- a member of the Behavioral Health Unit.
- Definitions:
- Restrictive Housing means involuntarily confining a person in custody in their cell for approximately twenty-two hours or more per day with very limited out-of-cell time, movement, or meaningful human interaction whether pursuant to disciplinary, administrative, or classification action.
- Restrictive Housing Unit means an area of the jail where persons in custody are placed outside of the general population. The fact that a person is placed into a restrictive housing unit does not necessarily mean that they meet the definition of restrictive housing for purposes of this policy. What determines whether the person is in restrictive housing is the length of time they are involuntarily confined to their cell each day with very limited out-of-cell time, movement or meaningful interaction--regardless of their housing location.
- Voluntary - Voluntary means a person in custody initially required placement into a restrictive housing unit and the person in custody wants to remain in the restrictive housing unit rather than be moved back to the general population due to legitimate safety concerns that have been verified by the Classification Unit or the person in custody refuses to be moved back to general population and they are determined to pose a safety risk if they are placed into the general population.
- Involuntary - Involuntary means a person in custody requires placement into the restrictive housing unit and it has been determined by the Classification Unit that the continued presence of a person in custody in the general population would pose a severe threat to themselves, staff, other persons in custody, and/or to the security or orderly operation of the jail facilities.
- Corrective Confinement/Custody means a person in custody who, after a Conduct Adjustment Board (CAB) hearing, has been found guilty of violating institutional rules and is placed in disciplinary detention in compliance with this policy.
- Intellectual or Developmental Disability means a disability attributable to an intellectual or developmental condition, as determined by a mental health professional or behavioral health staff, based upon the latest edition of the diagnostic and statistical manual of the American Psychiatric Association or related conditions constituting a severe or profound disability.
- Medical professional means a registered nurse (pursuant to C.R.S. § 12-255-111), a physician assistant (licensed pursuant to C.R.S. § 12-240-113) or a medical doctor or doctor or osteopathy licensed pursuant to article 240 of title 12 of the Colorado Revised Statutes.
- Medical Separation refers to a person in custody whose medical condition or conditions (as determined by the Classification Unit and health services staff) meet the conditions required by this policy and require separation from general population persons in custody.
- Mental Health Professional means a mental health professional licensed or certified pursuant to article 254 of title 12 of the Colorado Revised Statutes. The term does not include unlicensed psychotherapists or an advanced practice registered nurse or a physician assistant with training in substance use disorders or mental health.
- Post Partum Period means one-year after a pregnancy has ended.
- Protective Custody means a person in custody who qualifies for protection from the general population and no reasonable alternatives are available. Also, see Department Orders - 1.00.1008 - Persons in Custody Classification, and - 1.00.3010 - Reporting In Custody Sexual Abuse and Sexual Harassment
for further information.
- Suicidal persons in custody means a person in custody who is identified by the Crisis Response Team (CRT), sworn staff, or health services as being at risk to voluntarily and intentionally committing to harm themselves and are willing to die by any means available. Suicidal or suicidal risks are housed in the medical unit, medical facility, or a location where they will be closely monitored.
- For further guidance, refer to Department Order 1.00.3012 - Suicide Prevention, Death or Substantial Risk of Death in a Facility.
- Separation from All ("Sep All") refers to persons in custody who are not allowed to have contact with other persons in custody at any time due to safety and security risks. A determination of "Sep All" shall comply with the requirements of this policy.
- Serious Mental Illness means one or more substantial disorder of the cognitive, volitional, or emotional processes that grossly impair judgment or capacity to recognize reality or to control behavior and that substantially interfere with the person's ability to meet the ordinary demands of living determined by behavioral health services. Serious mental illness includes but is not limited to:
- a psychotic disorder,
- bipolar disorder,
- major depressive disorder; or
- any diagnosed mental disorder.
- NOTE: A serious mental illness does not include substance use disorders, currently associated with serious impairment of psychological, cognitive, or behavioral functioning.
- General Guidelines:
- Selection of Staff: <ACA 4ALDF 2A-54 >
- Staff assigned to work directly with persons in custody in restrictive housing units are selected based on criteria that include past and present work experience and suitability for the assignment.
- Staff assigned to work directly with persons in custody in restrictive housing units shall:
- have weekly meetings with supervisors to address deputy concerns;
- have their performance documented quarterly by their supervisor; and
- have opportunities for rotation to other housing units.
- Review of Restrictive Housing Unit Status:
- The ARB shall monitor and ensure the weekly review of the status of persons in custody in the restrictive housing unit, and the revision of the status as needed in response to changes in a person in custody’s behavior or circumstances.
- The ARB shall review a person in custody's status every seven days for the first two months and at least every thirty (30) days thereafter. <ACA 4ALDF 2A-48 ; 49>
- Restrictive Housing Units:
- Restrictive housing units provide living conditions that approximate those of the general person in custody population. All exceptions are clearly documented.
- Restrictive housing cells/rooms permit the persons in custody assigned to them to speak with and be observed by staff members. Cell/rooms in restrictive housing provide a minimum of 70 square feet and shall provide 35 square feet of unencumbered space for the first occupant and 25 square feet of unencumbered space for each additional occupant. <ACA 4ALDF 2A-51>
- For further guidance, refer to Department Order 1.00.1008 - Persons in Custody Classification.
- Involuntary placement in Restrictive Housing:
- Generally, a person in custody shall not be involuntarily placed into restrictive housing, including for disciplinary reasons, if the person in custody meets any one of the following conditions:
- The person in custody is diagnosed with a serious mental illness or is exhibiting grossly abnormal or irrational behaviors or breaks with reality or perceptions of reality indicating the presence of a serious mental illness;
- The person in custody has self-reported a serious mental illness, suicidality, or is exhibiting self-harm, unless a licensed mental health professional or psychiatrist evaluates the individual and finds serious mental illness is not present;
- The person in custody has a significant auditory or visual impairment that cannot otherwise be accommodated;
- The person in custody is pregnant or in the postpartum period;
- The person in custody is significantly neurocognitively impaired by a condition such as dementia or a traumatic brain injury;
- The person in custody is under eighteen years of age; or
- The individual has an intellectual or developmental disability.
- Exception to 7.A.: A person in custody who meets one or more of the conditions described in 7.A.1-7, may be placed into restrictive housing if the following conditions in B.1 through B.3 are met:
- Any indication of psychological distress is present and:
- DSD offers to transfer the person in custody to a local healthcare facility and the person agrees to the transfer. To demonstrate compliance with this exception:
- DSD must transport the person in custody to the healthcare facility which has agreed to admit the person; and
- the healthcare facility admits and subsequently discharges the individual back to the custody of the DSD; OR
- DSD offers to transfer the person in custody to a local health facility and the person refuses to be transferred. To demonstrate compliance with this exception, DSD staff or health services staff must also:
- contact a local hospital or other twenty-four-hour mental health crisis facility to determine if the hospital or facility would accept the person for evaluation and mental health treatment,
- the hospital or facility must agree to accept the person,
- DSD must transport the person in custody to the hospital or facility contacted, and
- After admittance at the hospital or facility, the person is subsequently discharged by the hospital or facility back into DSD's custody OR
- DSD offers to transfer the person in custody to a local healthcare facility, the person refuses to be transferred, and the local hospital or twenty-four-hour mental health crisis facility refuses to accept the person. To demonstrate compliance with this exception, DSD staff or health services staff must:
- contact a local hospital or other twenty-four-hour mental health crisis facility to determine if the hospital or facility will accept the person for evaluation and mental health treatment, and
- the health-care facility or mental health crisis facility must refuse to accept the individual for mental health evaluation and treatment. Under such circumstances, the person shall not be transported to the hospital or health-care facility contacted.
- The person in custody poses an imminent danger to themselves or others or remains an imminent danger to themselves or others after being discharged from a health-care facility, local hospital, or other twenty-four-hour mental health crisis facility and returns to the local jail; and
- No other less restrictive option is available and the person in custody is not responding to ongoing de-escalation techniques.
- When a person in custody is placed into restrictive housing pursuant to 7.B.2, the classification deputy shall document in ATIMs the facts and circumstances of such placement, including:
- observations and findings of all medical and mental health professionals and DSD staff that lead to placing the individual into restrictive housing;
- when the observations occurred;
- any and all efforts to avoid placement of the individual into restrictive housing, including a description of all alternatives and interventions that were attempted to avoid restrictive housing;
- a description of the dangerous, emergent behavior that was determined to preclude the use of less restrictive alternatives;
- any injuries experienced by the person in custody or others caused by the person in custody; and
- any other medical issues exhibited by the person in custody in the process of placing them in restrictive housing.
- Within twelve hours of a person in custody's placement into restrictive housing, classification shall:
- notify DSD's medical or mental health professionals in writing of such placement and note the written notification in ATIMs;
- notify the person in custody's appointed or retained legal representative, designated emergency contact, or legal guardian of the person in custody's involuntary placement and removal in restrictive housing.
- For every person in custody who is involuntarily placed into restrictive housing pursuant to 7.B, at least twice per hour, a medical or mental health professional or deputies shall conduct a check, either face-to-face or through a window, of the person in custody.
- If the person in custody is violent, demonstrating unusual or bizarre behavior, or has indicated suicidality or self-harm, deputies shall monitor the individual every fifteen minutes or more frequently, unless a medical or mental health professional recommends more frequent or less frequent checks.
- At each check of the person in custody, the medical or mental health professional or deputy conducting the check shall document in writing a general description of the behaviors observed as part of the required rounds paperwork. Body Worn Camera video shall be tagged appropriately so that it is connected to the written rounds paperwork.
- A medical or mental health professional shall assess any person in custody placed in restrictive housing within 24-hours of placement. The assessment shall include any psychiatric or medical contraindications to the placement and deputies shall document findings and observed behaviors of the person in custody during this 24-hour period.
- Every twenty-four hours thereafter, a DSD supervisor shall also ensure that the person in custody receives a face-to-face consultation conducted by a medical or mental health professional to assess whether the person in custody is experiencing any psychiatric or medical contraindications to the placement.
- If the medical or mental health professional observes any contraindications, the professional shall either refer the individual immediately to a mental health professional or refer the individual for emergency medical care.
- The medical or mental health professional shall document in writing each assessment, including the individual's health status and behavior.
- At least every forty-eight hours and more frequently, if possible, a DSD supervisor shall ensure that a mental health professional assessed the individual face-to-face for the need for ongoing placement in restrictive housing.
- The mental health professional shall document in writing the need for ongoing placement or shall document their opinion that restrictive housing is no longer required.
- Immediately after placement and throughout the person in custody's stay in restrictive housing, classification deputies shall provide to the person in custody and their legal representative and, with the person in custody's consent, to a family member or other designated person, a clear explanation of the following:
- The reasons why they have been placed in restrictive housing,
- The monitoring procedures that will be used to check on the person in custody, including the dates and times of such procedures;
- The date and time of the person in custody's next court date; and
- The behavioral criteria the person in custody must demonstrate to be released from restrictive housing. The local jail must provide this information to the individual's legal representation and, if the individual gives permission, to a family member or other designated person.
- Court Order Required - If the person in custody needs to be held in restrictive housing pursuant to 7.B for more than fifteen days in a thirty-day period, a written court order must be obtained through the filing of a motion.
- The motion must show by clear and convincing evidence that:
- The individual poses an imminent danger to themselves or other;
- No alternative less-restrictive placement is available;
- The jail has exhausted all other placement alternatives; and
- No other options exist, including release from custody.
- As long as the motion is filed with the court prior to the person in custody reaching fifteen days placement in restrictive housing, the person in custody may be kept in restrictive housing for an additional seven days while the court's decision on the motion is still pending.
- Visits:
- For persons in custody who have not been placed into restrictive housing pursuant to Section 7 of this policy, upon request, persons in custody in restrictive housing units may receive daily visits from the facility administrator or designee and members of the program staff. <ACA 4ALDF 2A-53 > The facility administrator or designee and members of the program staff shall visit persons in custody placed into restrictive housing at least one time per day or more, if determined appropriate. These visits are in addition to the required checks pursuant to Section 7 of this policy.
- Persons in custody in restrictive housing units shall have the same opportunity for visitation as persons in custody in the general population, unless there are legitimate reasons for withholding such privileges. <ACA 4ALDF 2A-61 >
- Denials of visitation shall be documented in writing, included in ATIMs and approved by a supervisor.
- Exercise:
- Persons in custody who have been placed into restrictive housing units shall receive space to complete a minimum of one hour of exercise per day outside of their cells, five days per week. <ACA 4ALDF 2A-64 >
- This one hour of exercise time may be counted as part of the approximate two hours persons in custody receive if they are placed in restrictive housing.
- If safety or security concerns exist, the Sheriff of their designee shall be notified to determine how to best proceed to ensure all persons in custody are receiving required exercise time outside of their cell unless security and safety considerations dictate otherwise.
- Exercise areas shall be provided outdoors and indoors, when weather does not permit outdoor exercise. Where outdoor exercise areas are uncovered, appropriate weather-related equipment should be made available to persons in custody who wish to take advantage of their authorized exercise time.
- All persons in custody shall be given notice that their out time is approaching so that they may use the restroom and prepare themselves for being out of their cell.
- If for any reason, the person in custody needs to re-enter their cell to use the restroom (if one is not available) they should be permitted to do so.
- If the person in custody's conduct requires their out time for exercise to be forfeited, a shift log entry shall be made per person in custody in the JMS, citing the violation and the action taken. A supervisor shall also be notified.
- Documentation and Reports:
- Staff operating restrictive housing units shall maintain a permanent log that contains, at a minimum, the following information for each person in custody admitted to the restrictive housing unit, including those who have been placed into restrictive housing as defined by this policy: <ACA 4ALDF 2A-55 >
- The person in custody’s name and book-in number
- The housing location
- Whether the person is in restrictive housing (as opposed to just being placed into the restrictive housing unit);
- Every time rounds have completed
- The classification code
- The date and time restrictive housing as defined by this policy started
- The date and time provided for exercise, including access to outdoor exercise, weather permitting, and all other dates and times when the person in custody was permitted to be out of their cell
- The date and time released from restrictive housing and/or the restrictive housing unit
- Type of infraction or reason for admission to the restrictive housing unit
- The reason for placement into restrictive housing
- Special medical issues or other types of needs
- Please refer to Department Order 1.00.11000 – Activity Logs for additional log requirements.
- Whenever a person in custody in the restrictive housing unit is deprived of any usual authorized items or activity, a report of the action will be documented in JMS and forwarded to the division chief or designee. <ACA 4ALDF 2A-58>
- Clothing and Personal Items: <ACA 4ALDF 2A-56 >
- All persons in custody in restrictive housing units are to be provided clothing that is similar to what they received in intake and access to basic personal items for use in their cells.
- Exceptions include, but are not limited to, cases in which the person in custody is considered to be in imminent danger or may reasonably be expected to or does destroy an item or induce self-injury.
- Personal Hygiene/Grooming: <ACA 4ALDF 2A-57 >
- Persons in custody assigned to restrictive housing units shall have the opportunity to shave (so long as no safety issue exists) and shower at least three times per week.
- Persons in custody in restrictive housing units shall receive laundry and be issued and exchanged clothing, bedding and linen on the same basis as persons in custody in the general population, as well as hair care services or barbering.
- Exceptions are permitted only when determined by a supervisor as necessary and any exceptions shall be noted in the JMS, including a specific explanation for the exception and reasoning in support of the exception..
- Any exceptions are also to be recorded in the unit log.
- Alternative Meals/Food Service: <ACA 4ALDF 2A-59 >
- Alternative meals, such as a sack lunch, will be served on a case-by-case basis when a person in the restrictive housing unit uses food or food service equipment in a manner that is hazardous to themselves, other persons in custody, or staff.
- Alternative meal service is based on health and safety considerations only.
- Alternative meals will meet basic nutritional requirements and must be approved by the health authority of the Denver Sheriff Department.
- If regular meals are not taken by the person in custody, a substitution meal will be offered. Substitution meals will be determined by supervisor and medical personnel approval. These meals will not be served longer than one week/seven continuous days. If the person in custody refuses to eat any meals, it will be documented.
- Mail:
- Persons in custody in restrictive housing units shall be able to write and receive letters on the same basis as persons in the general population. <ACA 4ALDF 2A-60 >
- Legal and Reading Materials:
- Persons in custody in restrictive housing units shall have access to legal and reading materials. <ACA 4ALDF 2A-62; 63>
- Telephone Use:
- Persons in custody in restrictive housing units shall receive telephone privileges that include: <ACA 4ALDF 2A- 65>
- Unlimited calls with their legal counsel/representatives and to appear for court or other court ordered matters to ensure access to the judicial process.
- Calls to informed persons in custody of family emergencies as determined appropriate by the division chief or designee.
- In exigent circumstances and only with supervisor approval, calls initiated by the person in custody on a tablet assigned to the inmate for the purposes of providing meaningful human contact should the person be in restrictive housing.
- Tablet Use:
- Persons in custody in restrictive housing units may be allowed to use DSD issued tablets on the same basis as persons in the general population with approval of the restrictive housing unit supervisor and, as determined necessary, by the health services staff.
- Persons in custody who refuse to return to the general population when eligible to do so will automatically lose access to the privilege of having a tablet for as long as they remain in the restrictive housing unit voluntarily.
- Refer to Department Order 5.00.1070 - Tablets for additional information.
- Programs and Services:
- All persons in custody in restrictive housing pursuant to Section 7 shall receive access to programs and services that include, but are not limited to, educational, religious, and recreational programs and medical dental and behavioral health services and medications, unless providing such program is determined to endanger the safety of the individual, other persons in custody or staff or the security of the jail.
- Any refusal to provide a person in custody with programs or services in the restrictive housing unit, including for those in restrictive housing, shall be documented. The documentation of the denial of each program or service will include the specific reason for the denial of the program or service.
- Refusal to Leave Cell:
- If a person in custody refuses to leave their cell, deputies are not required to forcefully remove the person in custody to comply with this policy. Reasonable attempts shall be made to persuade and allow the person in custody to leave their cell voluntary. Staff shall document when an attempt is made and the person in custody refuses to leave their cell. A supervisor should also be advised.
- Persons in custody with Disabilities:
- Persons in custody with disabilities shall be provided with education, equipment, facilities, and the support necessary to perform self-care and personal hygiene in a reasonably private environment. <ACA 4ADLF 6B-07>
- Refer to Department Order 1.00.1019 - Persons in Custody with Disabilities/Americans with Disabilities Act for additional information and guidance.
- Persons in Custody Who Are Placed in a Restrictive Housing Unit for a Specific Reason
- Voluntary confinement to restrictive housing unit:
- The Classification Unit captain, major, or division chief of operations or designee may order that a person in custody be confined in restrictive housing unit under the following circumstances:
- if it is reasonably believed that the person in custody would be in danger in general population and
- a person in custody requests such placement and classification has determined the concerns expressed by the person in custody to be legitimate safety concerns that require such placement.
- If a person in custody requests placement into a restrictive housing unit, their request shall be documented in the JMS along with the name of the staff member who approved the placement and the reasons supporting the placement.
- Special Custody Placement Request:
- A person in custody may be placed into a restrictive housing unit when there is documentation that protective custody is warranted for the person and no reasonable alternatives are available. <ACA 4ALDF: 2A-46>
- Persons in custody requesting protective custody shall be separated from other persons in custody and sign a Request and Consent to Protective Custody Form which shall be logged in the JMS and placed in their file.
- If the person in custody request to be removed from protective custody, they shall sign the Request and Consent to Protective Custody Form in the area designated for the removal of the classification. The form shall be uploaded into JMS. The protective custody form can be found here.
- Involuntary Placement into a Restrictive Housing Unit for Persons in Custody Who Do Not Meet the Conditions Identified in Section 7 of this policy:
- The Sheriff, operations chief, or designee may order immediate restrictive housing when necessary to protect an person in custody or others. Involuntary confinement to a restrictive housing unit may occur when the Sheriff, operations chief, or designee reasonably believes that: <ACA 4 ALDF 2A-44 >
- the person in custody has acted or has attempted to act in a manner that jeopardizes the facility's security or the safety of an individual, including the person in custody.
- when it is objectively reasonable to believe that their continued presence in the general person in custody population would jeopardize the institution's security or the safety of any person.
- the continued presence of the person in custody in the general person in custody population would interfere with the investigation of a criminal or severe disciplinary offense;
- the person in custody would be in danger in the general person in custody population, and the person in custody does not request restrictive housing; or
- the person in custody is being placed in a restrictive housing unit for disciplinary detention following the outcome of a disciplinary hearing.
- Involuntary confinement to a restrictive housing unit shall only occur when it is reasonably objective to believe one or more of the above conditions exist and when there is no reasonable alternative.
- When a person in custody is admitted to a restrictive housing unit for administrative detention, such placement shall be documented in the JMS along with a written explanation the reasons for the placement and why no reasonable alternatives are available.
- Persons in custody may be placed in restrictive housing while awaiting a disciplinary hearing when charged with a rule violation. The person in custody’s pre-hearing status shall be reviewed within seventy-two (72) hours.
- Persons in custody who do not meet the criteria set forth in Section 7 of this policy, may be placed in the restrictive housing unit or in restrictive housing for disciplinary detention after they have had a hearing, and restrictive housing confinement for more than thirty (30) continuous days requires the approval of the operations chief. <ACA 4ALDF 2A-47; 50> Please also refer to Department Order 1.00.1009 – person in custody Discipline.
- The involuntary placement of a person in custody into a restrictive housing unit or restrictive housing (if person does not fall within the conditions set forth in Section 7 of this policy) is to be reviewed within seventy-two (72) hours by supervision for notification and review. <ACA 4ALDF 2A-44>
- Medical and Mental Health Services: <ACA 4ALDF 2A-45 >
- When a person in custody is transferred to a restrictive housing unit or placed in restrictive housing, the Health Services staff shall be informed immediately to enable such staff to provide assessment and review, according to the protocols established by the Health Authority and to ensure compliance with Section 7 of this policy, when applicable to the person in custody.
- Unless it is determined by Health Services staff that medical attention is needed more frequently, or required by Section 7 of this policy, each person in custody in restrictive housing will receive a daily visit from a health care provider, and the presence of such health care providers in restricted housing units will be announced and recorded.
- The Healthcare Authority is to determine the frequency of physician visits to restrictive housing units.
- Persons in custody who present as confused, suicidal, or have been involved in an altercation or use of force are required to be brought to medical for a face-to-face review unless it is determined that medical personnel should conduct a review at the person in custody’s cell or housing unit. Persons in custody who do not fall into the categories mentioned and do not meet the requirements of Section 7 of this policy, will have a chart review.
- Upon the chart review, any persons in custody with identified behavioral health issues shall be referred to Health Services.
- All persons in custody housed in restrictive housing units are provided prescribed medication as determined appropriate by the Health Services staff. <ACA 4ALDF 2A-56>
- Keep on Person (KOP) medications will be reviewed on a case by case basis by Health Services staff to determine if the person in custody’s risk or classification level will allow for this type of medication.
- Corrective Confinement:
- The CAB may impose sanctions of corrective confinement after a fact-finding hearing and ensuring compliance with Section 7 of this policy, when appropriate.
- All corrective confinement areas must contain a bed, sink, and toilet as fixed furnishings.
- Persons in corrective confinement may retain their toiletry articles, religious reading materials, legal documents, and reference materials in their possession. Their ability to keep commissary items shall be determined by the CAB.
- Persons in corrective confinement are required to remain in their cells except as provided for in the individual operations of the housing area and the privileges they retain.
- Persons in custody in corrective confinement must be allowed out of cell exercise and recreation five (5) days a week for (1) one hour, unless safety considerations or Section 7 of this policy, dictates otherwise.
- All persons in corrective confinement shall be reviewed within seven (7) days of the hearing and every seven (7) days thereafter.
- Separation from All ("Sep All"):
- All persons in custody in any housing unit shall be secured before any person in custody who has been designated as "Sep All" due to safety or security issues is removed or returned to their cell for designated out-of-cell time or other activities.
- When attending functions (e.g., official visit, court) outside of the restrictive housing unit, any person in custody designated as a "Sep All" will be escorted by a deputy or deputies to ensure the person's safety and staff safety.
- Observation and Rounds:
- All persons in custody who have been placed into a restrictive housing unit are to be observed by a deputy at least every thirty (30) minutes on an irregular schedule. Suicidal persons in custody are to be under continuous observation at least every fifteen (15) minutes on an irregular schedule. <ACA 4ALDF: 2A-05; 2A-52>
- Observation and rounds for all persons in custody who have been placed into restrictive housing as defined by this policy shall comply with Section 7.
- For suicidal persons in custody or persons in custody believed to be suicidal, refer to Department Order - 1.00.3012 - Suicide Prevention, Death, or Substantial Risk of Death in a Facility.
- All personal observations shall be documented in the JMS. Observations for persons in restrictive housing shall be specifically documented as provided by Section 7 of this policy.
- Posting on Website
- The current Restrictive Housing Policy shall be posted on the Department's website for public reference.
- Responsibility:
- Training Academy: The Training Academy will ensure that the curriculum of all currently existing classes and any newly developed classes are compliant with this order, as applicable.
- Executive Management: The division chief/unit commander or unit manager of any division or unit affected by this policy will:
- ensure that existing procedures and all newly developed orders are in compliance with this order;
- ensure that all affected personnel are made aware of this policy; and
- ensure this policy is reviewed annually for compliance with all federal, state, and local laws and standards.
- Supervisors: All supervisors will ensure that the provisions of this policy are being followed.
- Staff: All deputies and employees will comply with the provisions of this policy.
- Effective Date: This order will become effective on July 1st, 2023.
- Approval: This document has been reviewed, approved, and electronically signed by the Sheriff of the City and County of Denver prior to its publication.
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