TITLE 210 DEPARTMENT OF CORRECTION

Amends 210 IAC 3-1-1 to add new definitions to provide greater clarity throughout the administrative rule. Amends 210 IAC 3-1-2, concerning administration and organization, to provide clarification for jail management and level of supervision and to provide parameters for required written report. Amends 210 IAC 3-1-3 concerning fiscal management regarding the internal handling of monies. Amends 210 IAC 3-1-4 concerning jail personnel and the establishment of policies, including a code of ethics, that is to be provided to new employees. Amends 210 IAC 3-1-5, concerning staff training and development, to add a minimum numbers of hours of documented training required of jail commanders in addition to the orientation and training needed prior to job assignment and required certified training. Amends 210 IAC 3-1-6, concerning management information systems and inmate records, to add new requirements for information that is to be obtained regarding the intake of an offender and make provisions for written procedures prior to the release of an offender. Amends 210 IAC 3-1-7, concerning physical plant, to add and update the minimum requirements for all inmate living, activity, and receiving areas in addition to new construction and renovations for adult detention facilities in order to bring them into compliance with applicable ACA standards. Amends 210 IAC 3-1-8 concerning the commissary. Amends 210 IAC 3-1-9, concerning safety and sanitation, to add provisions for maintenance of safety data sheets and necessary cleaning materials to be made readily accessible. Amends 210 IAC 3-1-10 concerning clothing, bedding, and personal hygiene. Amends 210 IAC 3-1-11 concerning medical care and health services. Amends 210 IAC 3-1-12, concerning diet and food preparation, to add time for review of diets, menus, kitchen facilities, and kitchen workers. Amends 210 IAC 3-1-13 concerning jail policies for security and control. Amends 210 IAC 3-1-14 concerning the supervision of inmates. Amends 210 IAC 3-1-15 concerning inmate rights. Amends 210 IAC 3-1-16, concerning mail and telephone communication, to add provisions for jail officials to monitor an offender's incoming and outgoing mail correspondence and telephone communications. Amends 210 IAC 3-1-17, concerning written rules for discipline of inmates, to add rules of inmate conduct for the maintenance of order and discipline among inmates. Amends 210 IAC 3-1-18, concerning inmate classification, to add written procedures for overriding an inmate's objective classification result to accommodate local needs. Amends 210 IAC 3-1-19, concerning new inmate admissions, to provide for the establishment of written procedures for the reception, orientation, release, or transfer of inmates. Adds 210 IAC 3-1-20 concerning suicide screening and prevention. Effective 30 days after filing with the Publisher.

IC 4-22-2.1-5 Statement Concerning Rules Affecting Small Businesses

SECTION 1. 210 IAC 3-1-1 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 11-8-2-1; IC 11-12-4-2

Sec. 1. Definitions. (a) "Administrative segregation" shall mean means the physical separation of inmates who are:

(b) "Arrestee" means a newly detained inmate awaiting arraignment.

(c) "Bed" means a permanently installed fixture used for sleeping that is elevated at least twelve (12) inches off the floor.

(d) "Chronic care" shall mean means medical service rendered to an inmate over a long period of time, i.e., for example, the treatment of:

(e) "Commissioner" means the chief executive of the department.

(f) "Contraband" shall mean means property the possesion of which is that, if in possession, is a violation of an Indiana or federal statute.

(g) "Convalescent care" shall mean means medical service rendered to an inmate to assist in the recovery from illness or injury.

(h) "Department" means the department of correction established under IC 11-8-2-1.

(i) "Director, detention services" means the staff member appointed as the commissioner's designee and agent who shall do the following:

(j) "Disciplinary segregation" shall mean that status means the assigned status of an inmate, as a consequence or means of control resulting from a for violation of jail rules, which consists of confinement in a cell, room, or other housing unit separate from inmates who are not on disciplinary segregation status.

(k) "Disturbance" means any unauthorized inmate activity that disrupts the normal operation of a jail.

(l) "Emergency care" shall mean means care for an acute illness or unexpected health care need that cannot be deferred until the next scheduled sick call or physician's visit.

(m) "Indigent" means any inmate with a balance of less than fifteen dollars ($15) in his or her inmate trust account during the preceding thirty (30) days, or sixty (60) days thereafter. A county can establish another standard for indigent if adopted by local ordinance. The local ordinance shall require the sheriff to provide notice of any change in definition to the inmate under his or her care.

(n) "Inmate" shall mean any means a person detained or who is confined in any a jail. governed by these rules.

(o) "Inspection" means an on-site visit to a jail by an inspector serving as an agent of the commissioner.

(p) "Jail" shall mean a means any secure county operated or privately contracted detention facility used to confine prisoners prior to appearance in court and sentenced prisoners. inmates.

(q) "Jail administrator", unless expressly stated otherwise, shall mean means a sheriff or other another individual who has been assigned, designated, or delegated full-time responsibility and authority for the administration and operation of the jail by the sheriff.

(r) "Jail officer" shall mean means a sheriff's employee whose primary duties are the daily or ongoing supervision of jail inmates.

(s) "Major disturbance" means a disruption in the normal operation of the jail that threatens:

(t) "Medically trained personnel" means those jail staff trained to perform a specific medical function that does not require an independent medical judgment.

(u) "Medical preventive maintenance" shall mean means those health services including health education, medical services, and instruction in self-care for chronic conditions.

(v) "Notice of noncompliance" means the report prepared and distributed by the jail inspector, which shall be deemed as statutory notice of noncompliance in accordance with IC 11-12-4-2.

(w) "Obscene materials" means material that, to the average person when applying contemporary standards, appeals to the prurient interest, which depicts or describes sexual conduct that, when taken as a whole, lacks serious literary, artistic, political, or scientific value.

(x) "Operational capacity" means the total number of rated beds within a jail, including those located in temporary holding areas such as the following:

(y) "Overcrowding" means the total number of inmates exceeds the rated bed capacity of a jail.

(z) "Policy" shall mean means a statement declaring the following:

(aa) "Procedure" shall mean means a statement establishing the action plan to accomplish the policy.

(bb) "Prohibited property" shall mean means property, other than contraband: that

(cc) "Physician" shall mean means an individual holding a license to practice medicine in Indiana issued by the medical licensing board of Indiana.

(dd) "Publishers only rule" means the material mailed to an inmate directly from the publisher, distributor, or an accredited institution of higher learning.

(ee) "Qualified medical personnel" shall mean means individuals engaged in the delivery of a medical or health care service who have been licensed, certified, or otherwise properly qualified under the laws of Indiana applicable to that particular service.

(ff) "Rated bed capacity" means the total number of permanently installed beds.

(gg) "Secured perimeter" means that portion of a jail in which inmates are secured and inmate movement is controlled by staff.

(hh) "Strip search" means the purposeful observation of the unclothed body, based on reasonable suspicion, solely for the purpose of:

(ii) "Temporary holding" means the status assigned to the following:

(jj) "Unusual occurrence" shall mean means any significant incident or disruption of normal jail procedures, policies, routines, or activities, such as the following:

SECTION 2. 210 IAC 3-1-2 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 11-12-4-1

Sec. 2. Administration and Organization. (a) Each jail shall be managed by a single jail administrator, supervised by the sheriff, to whom all employees or units of management are responsible.

(b) Each Jail Administrator sheriff shall prepare annually and submit, not later than March 31 after the conclusion of each calendar year, a written report setting forth the annual statistical data and the extent and availability of services and programs to inmates Said identifying major events that have occurred in the jail and unfunded operational needs. The report shall be directed to the circuit court judge, and copies shall be provided to the state jail inspector, president of the county council or city-county council, prosecutor, and president of the County board of commissioners. The report shall also be provided to the county auditor and be maintained as a public record. At a minimum, the report shall include the following:

(c) Each sheriff shall develop and maintain a manual of policies and procedures which that shall guide the operation of his county's the jail. This manual shall be jail property. All policies and procedures must be in writing and bear the signature approval of the sheriff. The sheriff shall encourage the participation of other community agencies in the development of policy for the jail through coordinated planning and interagency consultation. The advice and consultation of the sheriff's staff should also be sought included in the development of policies and procedures for each jail. The manual shall be reviewed and updated as needed, reviewed annually, and distributed documented with the sheriff's signature page in the manual. The manual shall be made available to all employees. jail staff. It shall include, but not be limited to, the following:

SECTION 3. 210 IAC 3-1-3 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 11-12-4-1

Sec. 3. Fiscal Management. (a) Each sheriff shall establish written procedures to govern the internal handling of monies All such procedures shall be consistent with all requirements of the state board of accounts and state law.

(b) Each sheriff shall maintain fiscal records which will clearly indicate the annual costs for his county's jail. Any such records shall reflect all monies collected and disbursed during any budget period and shall be established in compliance with all requirements of the State Board of Accounts.

(c) Each sheriff shall prepare and present annually a budget request to the appropriate government funding body. The jail budget request should accurately reflect the needs and objectives of the subject facility.

(d) Each sheriff shall maintain a written inventory of county jail property. The inventory shall be reviewed and updated annually.

SECTION 4. 210 IAC 3-1-4 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 11-12-4-1

Sec. 4. Personnel. (a) Each sheriff shall establish written jail personnel policies and procedures that include a code of ethics, and a copy shall be provided to each new jail employee.

SECTION 5. 210 IAC 3-1-5 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 11-12-4-1

Sec. 5. Training and Staff Development. (a) Each sheriff shall establish a written training and staff development plan for all jail employees. This plan shall be:

(b) Each new jail officer shall receive forty (40) the following:

(c) In addition to the training required in subsection (b), each jail commander shall receive a minimum of twenty-four (24) hours of documented training each calendar year.

(c) (d) All personnel authorized to use firearms shall be trained in weaponry on a continuing in-service and documented firearms training course. Failure to qualify for continued firearm use shall be deemed just cause for administrative reevaluation or dismissal.

(d) (e) Each sheriff shall include training as a budget item in his jail's the annual budget request to pay for this required training.

(f) A training file shall be maintained for each jail employee.

SECTION 6. 210 IAC 3-1-6 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 11-12-4-1

Sec. 6. Management Information Systems and Inmate Records. (a) An intake form shall be completed for every inmate admitted to any county jail. Such The form shall contain, but is not limited to, the following information, unless otherwise prohibited by statute:

(b) Records shall be maintained on all inmates committed or assigned to any county jail. Such The records shall contain, but are not limited to, the following:

(c) Each sheriff shall do the following:

(f) (d) An inmate's medical record file shall not be in any way part of the confinement record.

(e) Each sheriff shall establish a written procedure requiring that, prior to the release of any offender, the jail staff shall:

SECTION 7. 210 IAC 3-1-7 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 11-12-4-1

Sec. 7. Physical Plant. (a) All inmate living and activity areas in each jail shall provide for the following minimum requirements:

(b) The reception inmate receiving area shall be located inside the security perimeter but outside inmate living quarters It shall and have the following minimum components:

(c) To provide security and assure compliance with fire safety regulations, Supply areas shall be separate from inmate living and activity areas and kept secured when not in use. There shall be adequate space for the following:

(d) Arsenals Weapons storage shall be located outside the security perimeter of the inmate living and activity areas. Provisions shall be made for the secure storage, care, and issuance of weapons and related security equipment. The arsenal shall be equipped with an alarm system.

(e) Each jail shall have the following:

(f) The state jail inspector may adjust the rated capacity of any jail in the event that if there is a change in the physical plant structure, or the use of that the facility indicate that such indicates a change would be is appropriate. Prior to any adjustment in rated capacity The state jail inspector shall will review the proposed adjustment with the sheriff and the County Commissioners. prior to any adjustment in the facility's rated capacity.

(h) (g) All major jail construction, renovations, or additions beginning January 1, 1982 after the effective date of this article shall comply with the most current jail construction standards established by the ACA Performance-Based Standards for Adult Local Detention Facilities, 4th Edition, and any subsequent changes in effect prior to the effective date of this article, with the exception of those standards listed in subsection (h). New or revised ACA standards shall not be adopted without amending this article. Counties shall not be held to physical plant standards not in effect prior to the construction of their jail except as may be ordered by the courts or statute. However, renovation of an existing jail must bring the jail into compliance with applicable ACA standards for the area under renovation. Performance-Based Standards for Adult Local Detention Facilities, Fourth Edition (2004, approximately two hundred (200) pages, Ref. No. 1-56991-215-7). There is no later edition available at this time. These standards are available at the American Correctional Association, 206 N. Washington St., Ste. 200, Alexandria, VA 22314 or www.aca.org/store/bookstore/view. Standards are fifty dollars ($50).

(h) The following physical plant standards are applicable to all new construction, additions, or renovations after the effective date of this article:

(i) Each sheriff shall have a written plan for preventive maintenance. The plan shall be reviewed annually and updated annually. as needed.

SECTION 8. 210 IAC 3-1-8 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 11-12-4-1

Sec. 8. Commissary. (a) Each If a jail provides inmate commissary services, it shall be managed and operated in a manner consistent with Indiana law.

SECTION 9. 210 IAC 3-1-9 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 11-12-4-1

Sec. 9. Safety and Sanitation. (a) Each jail shall be maintained in a safe and sanitary condition in compliance with state and local health, sanitation, safety, and fire laws.

(b) Inmates incarcerated in each jail shall have the responsibility for maintaining their own cells and living areas in a safe and sanitary condition. Jail officials shall make Necessary cleaning equipment including mops, brooms, scouring cleanser, soap and disinfectant, available materials shall be provided to inmates on a daily basis to assist inmates in meeting their cleaning responsibility. and as needed.

(c) Each All areas of a jail shall be inspected by a designated jail official at least once per week. Each living area shall be inspected by designated jail officials daily. Written inspection reports shall be maintained, and steps shall be taken promptly to remedy unsafe or unsanitary conditions.

(d) Each jail shall be inspected weekly for evidence of insects and rodents. Licensed extermination services shall be obtained to spray or treat facilities as often as necessary to eliminate insects and rodents. Inmates shall be removed from an area if spraying or fogging is necessary and cannot properly be accomplished if inmates are present.

(e) Faulty plumbing fixtures shall be promptly repaired or replaced as may be necessary. after receipt and confirmation of a report of malfunctioning equipment.

(f) Exits shall be:

(g) The sheriff shall do the following:

SECTION 10. 210 IAC 3-1-10 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 11-12-4-1

Sec. 10. Clothing and Personal Hygiene. (a) Each jail shall provide for the issue of clean, suitable clothing, bedding and towels linen, a towel, and a sleeping mat to each new inmate. Clean Each inmate shall be provided adequate material and disinfectant to cleanse his or her sleeping mat prior to transfer or release. Jail clothing bedding and towels authorized personal undergarments shall be laundered or exchanged at least weekly. Bed linen shall be issued at least laundered weekly, These items and blankets shall be laundered at least monthly. All clothing and bedding shall be maintained in serviceable condition and in sufficient number quantity to supply each jail's inmate population.

(b) Each inmate shall be provided with items necessary to maintain personal hygiene. Shaving materials bar soap, toothbrush, and toothpaste. Industrial hand soap shall not be issued to inmates. Women available at least three (3) times per week unless the inmate poses a security, safety, or suicide risk. Female inmates shall be provided with choice of tampons or personal sanitary napkins. items to maintain personal hygiene.

(c) Inmates shall:

(d) Each inmate shall be:

(f) (e) The sheriff may supervise and control the hygiene, grooming, and attire of jail inmates to the extent reasonably necessary to maintain a sanitary, safe, and secure environment. The sheriff shall reserve the right, with reasonable cause, to order an inmate's hair be cut by a licensed barber or beautician in order to maintain a sanitary and secure living and work environment.

SECTION 11. 210 IAC 3-1-11 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 11-12-4-1

Sec. 11. Medical Care and Health Services. (a) A duly licensed physician shall be responsible for medical services in each jail.

(b) Procedures necessary to deliver medical services to inmates shall be:

(c) State licensing and/or or certification, or both, requirements and restrictions shall apply to all health care personnel working with jail inmates. Copies of all licensing and/or or certification, or both, credentials shall be on file with the sheriff. Jail security regulations shall apply to all medical personnel.

(d) Whenever medical services are to be delivered routinely in any jail, adequate space, equipment, supplies, and materials as determined by the responsible physician shall be provided.

(e) First aid kits shall be available in each jail. The responsible physician shall approve the contents number and location of such kits and the procedure for periodic inspection of all first aid kits.

(f) Each inmate shall be medically screened upon admission to jail and before placement in the general population or living area. Screening data must be recorded on a form approved by the responsible physician and shall include, but not be limited to, the following:

(g) Within fourteen (14) days following arrival at the jail, an inmate shall be given the opportunity to receive undergo a medical examination assessment conducted by the responsible physician or his designees. a licensed nurse.

(h) An inmate shall be informed upon admission that medical complaints shall be collected daily and responded to by medically trained personnel. Qualified medical personnel shall follow up on all complaints and allocate treatment according to priority of need. A physician shall be available at least once a week weekly to evaluate and respond to inmate medical complaints.

(i) Each jail shall provide arrange for twenty-four (24) hour emergency medical, and dental, and psychological care availability pursuant to a written plan which that includes, as a minimum, arrangements for the following:

(j) Jail personnel shall be trained in the use of emergency care procedures and shall have current training in basic first aid equipment. At least one (1) person per shift shall have training in receiving, screening, cardiopulmonary resuscitation (CPR), and recognition of symptons symptoms of the common illnesses. most common to the facility. All jail officers shall be trained regarding recognition of symptoms of mental illness and retardation and suicide screening and prevention.

(k) Jail officials shall use their best efforts to obtain any medication prescribed by a physician. All medications shall be administered in the dosage and with the frequency prescribed. No substitutions of medications shall be made without the prescribing responsible physician's written approval.

(l) Each jail The responsible physician shall be listed list the jail with the Drug Enforcement Administration as a place of practice. by the responsible physician. Missing controlled substances shall be reported to the Indiana board of pharmacy using DEA Form 160.

(m) Each sheriff shall do the following:

(n) Each sheriff shall have a policy providing for the provision of private medical, dental, and optometry services when requested by the inmate. The services shall be at the inmate's own expense.

SECTION 12. 210 IAC 3-1-12 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 11-12-4-1

Sec. 12. Diet and Food Preparation. (a) Each sheriff shall establish written policies and procedures concerning the quantity and quality of food served to inmates.

(b) Food shall not be used as a reward or withheld as a disciplinary measure. All meals shall be served under the supervision of the jail administrator or his or her designee. There shall be no not more than fourteen (14) hours between the evening meal and breakfast. Inmates shall be served three (3) meals each day. At least one (1) meal each day shall be served hot.

(c) Menus shall:

(d) To insure ensure that the jail kitchen is maintained in a safe and sanitary condition, the following requirements shall be met:

(e) Medical diets approved by the responsible physician shall be honored. Religious diets shall be honored to the extent that the required food is readily accessible in the community where the jail is located. Any refusal to grant a medical or religious diet shall be reported in writing to the sheriff or jail administrator.

(f) Each sheriff shall establish in writing a control system to monitor and control food pilferage, misuse, or spoilage.

SECTION 13. 210 IAC 3-1-13 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 11-12-4-1

Sec. 13. Security and Control. (a) Each sheriff shall establish a manual setting forth the jail's policies and procedures for security and control. This manual shall be distributed available to all jail personnel and shall be reviewed annually and updated as needed. Documentation of this review shall be signed by the sheriff and maintained in front of the manual. The manual shall include, but not be limited to, the following:

(b) Inmates shall not be permitted to handle, use, or have jail keys of any type in their possession. There shall be at least one (1) full set of keys, separate from those in use, stored in a safe place accessible only to jail personnel, for use in event of an emergency. Keys are to be color coded and classified pursuant to a key numbering and lettering system.

(c) The use of physical force by jail personnel shall be restricted to instances of justifiable self-protection, protection of inmates from self-harm, protection of others, protection of property, and prevention of escapes. Only that force shall be used only to the degree necessary and to control an inmate consistent with any stautory statutory limitations shall be authorized. Written reports following any use of force shall be promptly submitted to the sheriff or his or her designee.

(d) Each jail shall maintain a secure communication control center separate from other jail detention and administrative functions. Jail officers and other personnel assigned to jail duty shall be trained in security measures and the handling of special incidents such as the following:

(e) Each jail shall have equipment necessary to maintain central lights, power, and communication in an emergency. Emergency equipment shall be:

(f) Security equipment shall be:

(g) All:

(h) Jail officials may perform searches and seize contraband or prohibited property. Sheriffs may limit the personal items an inmate may possess in their living area by both quantity and volume. However, an inmate may possess those legal papers necessary for access to the courts and legal matters pertaining to their current court case or cases and responses to grievances. Jail officials may shall inform an inmate inmates of the items of property he is they are permitted to possess, in which event all other property not contraband is prohibited property. Property that an inmate is otherwise permitted to possess may become prohibited property due to the means by which it is possessed or used or if the quantity possessed exceeds that permitted. The sheriff or jail administrator shall establish written procedure providing for a written record concerning the seizure of contraband or prohibited property, receipts for property seized, and appropriate disposition of seized property.

(i) Arrestee strip searches shall be conducted only when there is reasonable suspicion that the arrestee is in possession of a contraband item. Reasonable belief must be based on an individualized suspicion relevant to the following:

(j) Inmate strip searches shall be conducted only when there is reasonable suspicion that the inmate is in possession of a contraband item. Reasonable belief may be based on an individualized suspicion relevant to the following:

(k) Each sheriff shall enter into a mutual aid agreement with necessary local and adjacent county law enforcement agencies for the provision of services in the event of an emergency exceeding the department's capability. Aid agreements shall also be established with local agencies for the provision of housing, material, and services in an emergency.

(l) In the event of a disturbance, a sheriff may place groups of inmates in lockdown status until such time as an investigation into the disturbance can be completed and the safety and security of the jail is assured. Such decision shall be reviewed by the sheriff at least every seven (7) days.

SECTION 14. 210 IAC 3-1-14 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 11-12-4-1

Sec. 14. Supervision of Inmates. (a) There shall be sufficient jail personnel present in the jail at all times to provide adequate twenty-four hour supervision of inmates and to ensure staff and inmate safety.

(b) The sheriff shall establish the following:

(d) (c) Each area of the jail shall be visited:

(e) (d) Inmates shall not be authorized to supervise or exert control or assume any authority over other inmates.

SECTION 15. 210 IAC 3-1-15 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 3-7-46-6; IC 11-12-4-1

Sec. 15. Inmate Rights. (a) The right of jail inmates to have access to the courts shall be insured. ensured. Inmates shall have confidential access to their attorneys and the authorized representatives of their attorneys. Jail Inmates not represented by counsel shall have reasonable access to the courts to challenge their sentences and conditions of confinement and reasonable access to an adequate law library. Inmates with an appointed public defender shall be provided the opportunity to speak to their attorney.

(b) Inmates shall not be subject to discrimination based on any of the following:

(c) Inmates shall have the right of access to reading material except pornography as defined by Indiana law, or reading matter which jail officials have reasonable grounds to believe poses an immediate danger to the safety of an individual or a serious threat to the security of the jail.

(d) An inmate is entitled to believe in the religion of his or her choice, and attendance at religious services is not required. To the greatest extent possible consistent with jail security, programs, and resources, an inmate is entitled to the following:

(e) An inmate shall be given provided a reasonable opportunity for physical exercise and recreation outside of his the immediate living quarters and out of doors where sleeping areas, outdoors, if feasible, and consistent with the security and resources of the jail. Segregated inmates shall be offered the opportunity for at least one (1) hour of daily exercise outside of their cell.

(f) Each The sheriff shall make arrangements with election officials to facilitate an provide a list of all inmates, right to vote by absentee ballot provided that the inmate is otherwise qualified to vote. sentenced and incarcerated, to the county clerk quarterly, as required by IC 3-7-46-6.

(g) Each jail shall maintain a written inmate work assignment plan providing for inmate employment, subject to the:

(h) All inmates shall have the right to file written grievances regarding treatment of conditions in the jail with the sheriff or his or her designee. Grievances shall be promptly investigated, and a written report stating the disposition of the grievance shall be provided to the inmate. The sheriff shall establish in writing a grievance procedure, which shall be made known and distributed to all inmates upon arrival and initial screening.

(i) Inmates may receive visitors at reasonable times. during established hours of visitation. Jail officials may, however, for the purposes of maintaining jail security, individual safety, and administrative manageability, place reasonable restrictions on visitation. Visitation by minors within the secure perimeter of a jail may be restricted as necessary for the orderly management and security of a facility. Visitors with a prior criminal conviction may be denied visitation. Visitors may also be denied for:

SECTION 16. 210 IAC 3-1-16 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 11-12-4-1

Sec. 16. Mail. (a) Each sheriff shall establish a written procedure consistent with Indiana law governing inmate mail correspondence.

(b) An inmate may send and receive an unlimited amount of correspondence to or from any person outside the jail in any language. The sheriff may restrict correspondence between However, inmates shall be prohibited from corresponding with other inmates within the jail or with inmates of any other jail or penal institution. other correctional institutions without the prior written approval of the sheriff or designee.

(c) Correspondence to or from government officials, courts, or attorneys or representatives of the public news media may not be opened, read, censored, copied or otherwise interfered with in regard to its prompt delivery or transmission. However, if jail officials have reasonable grounds to believe that a piece of correspondence may contain contraband or prohibited property, said correspondence may be opened by shall be considered privileged mail. Jail officials may open and inspect privileged correspondence in the presence of the addressee inmate for the purpose of examining the contents for contraband or prohibited property. Upon completion of the inspection, the item of correspondence must be promptly delivered or transmitted without:

(d) Correspondence from a person not enumerated in paragraph (c) of this section subsection (c) may be opened to:

(e) Correspondence to a person not enumerated in paragraph (c) of this section subsection (c) may be sealed by the inmate. However, if jail officials have reasonable grounds to believe that such the correspondence:

(f) Whenever jail officials delay incoming or outgoing mail for more than forty-eight (48) hours or censor, copy, or withhold correspondence, the addressee inmate shall be given prompt written notice in writing. except as provided immediately below. Jail officials shall maintain a record of each decision to withhold, copy, censor, delay, or otherwise interfere with the prompt transmission of correspondence. Notice to the inmate of action taken on correspondence is not required based on reasonable suspicion or upon receipt of a written request from a supervising authority of any federal, state, or county agency stating the agency has reasonable grounds to believe that a crime is being committed or has been committed by the confined person and requesting the jail monitor the confined person's correspondence.

(g) Jail officials may open all incoming and outgoing packages to inspect for and remove funds, contraband, or prohibited property. If contraband or prohibited property is removed from a package, the inmate must be notified in writing. of such removal.

(h) Jail officials may inspect all printed matter and exclude any material that is contraband or prohibited property. Following examination, printed matter may not be excluded on the grounds it is obscene or pornographic unless it is obscene under Indiana law. be read, rejected, censored, or copied based on the matrix in Table 1. A periodical may be excluded only on an issue by issue basis. Jail officials who withhold printed matter must promptly notify the addressee inmate of this action in writing. Table 1: Mail Policy Matrix

INCOMING	INSPECT	READ	CENSOR	COPY	REJECT	MISC
Personal	May, at random.	May, at random.	No	May, with probable cause.	May, with reasonable cause to believe contents are in violation of policy and procedures.	Books, magazines, and newspapers: "Publishers only rule" applies. Legally obscene material may be denied.
Privileged / Legal	Yes, in presence of inmate.	No	No	No	With reasonable cause. Author has right to protest.	Public and government officials mail has privileged status.
Religious	Yes	May, at random.	No	Yes, with reasonable cause.	Yes, if clear and present danger.	"Publishers only rule" applies.
OUTGOING	INSPECT	READ	CENSOR	COPY	REJECT	MISC
Personal	Yes, may at random.	May, at random.	No	May, with reasonable cause.	May, with reasonable cause.
Privileged / Legal	Yes, in presence of inmate upon reasonable cause.	No	No	No	Yes, with reasonable cause, in the presence of inmate.	Public and government officials mail has privileged status.
Religious	Yes	May, at random.	No	Yes, with reasonable cause.	Yes, if clear and present danger.

(i) Inmates shall not be permitted to mail, receive, or possess the following:

(i) (j) Indigent inmates shall be furnished with free writing supplies and postage sufficient for at least two (2) letters per week.

(k) Upon mailing, indigent inmates shall be provided one (1) free copy of each legal correspondence that addresses issues involving their conditions of confinement.

(l) Inmate telephone conversations may be subject to monitoring and recording provided inmates are informed prior to or during each call, by signs posted on or near the telephones, or in the rule book provided each inmate. Conversations between an inmate and his or her legal representative may not be monitored or recorded without a court order.

(m) Inmate telephones may be turned off in those cellblocks affected prior to the transport of inmates into the community or transfer to another facility, or for security reasons.

SECTION 17. 210 IAC 3-1-17 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 35-50-6-4; IC 35-50-6-5

Sec. 17. Discipline. (a) Each sheriff shall establish written rules of inmate conduct for the maintenance of order and discipline among inmates. Such The rules shall describe the:

(b) All jail personnel who have regular inmate contact shall be provided training sufficient to make them thoroughly familiar with the rules of inmate conduct and the sanctions available.

(c) Any of the following may be imposed as disciplinary action on jail inmates:

(d) The following shall not be imposed as disciplinary action on jail inmates:

(e) Before imposing any disciplinary action, jail officials shall afford the inmate charged with misconduct a hearing to determine his or her guilt or innocence and the disposition of the charge. The charged inmate may waive his or her right to a hearing in writing. Also, before a charge is made, the inmate and a jail official may agree to a disciplinary action in the forms form of extra work or loss or limitation of privileges if no record of the conduct or disciplinary action is placed in the inmate's file. In connection with the required hearing, the inmate is entitled to the following:

(f) An inmate shall receive written notice of any formal charge against him or her within twenty-four (24) hours of knowledge or discovery or the conclusion of an investigation of the alleged offense, by jail officials, excepting weekends and holidays. The notice shall specify the following:

(g) The sheriff may delegate authority in writing to one (1) or more designees to conduct hearings for alleged violations of facility rules.

(h) An inmate may appeal the disciplinary decision of a hearing authority to the sheriff. The appeal may challenge the:

SECTION 18. 210 IAC 3-1-18 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 11-12-4-1

Sec. 18. (a) Each sheriff shall establish a written plan for the following:

(b) Juveniles alleged to be delinquent or adjudicated delinquent shall be held: only

(c) Inmates with contagious or communicable diseases shall be segregated from other inmates upon direction of the responsible physician. Intoxicated or suicidal inmates and those inmates experiencing delirium tremens or drug withdrawal, shall also be segregated and given close observation. Allegedly insane or incompetent inmates who are held in custody:

(d) Inmates shall not be segregated by:

SECTION 19. 210 IAC 3-1-19 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 11-12-4-1

Sec. 19. Reception, Orientation, Property Control and Release. (a) Each sheriff shall establish written procedures for the following:

SECTION 20. 210 IAC 3-1-20 IS ADDED TO READ AS FOLLOWS:

Affected: IC 11-12-4-1

Sec. 20. (a) There shall be a written suicide prevention and intervention program that is reviewed and approved by a qualified medical or mental health professional.

(b) The program shall include procedures for the following:

(c) All staff responsible for inmate supervision shall be trained in the implementation of the suicide prevention program.

Notice of Public Hearing

DIN: 20120418-IR-210110741PRA

Composed: Apr 19,2024 6:59:36PM EDT

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