Q: about CIVIL inmate housing and contact w/ criminal inmates

motorman4life

motorman4life

Well-known member
Okay, I am posting this here because I am hoping there is someone there with mad research skilz or some training or experience in Title 15 or the law applying to inmate rights.

It is my understanding that CIVIL inmates cannot be housed with or have contact with CRIMINAL inmates. That is, a guy locked up for failing to pay child support essentailly cannot have any unsupervised contact with a guy locked up for child molesting or rape (whether accused or convicted).

What law(s) pertain to this? Codified and case law would be appreciated.

FYI, I am asking this because I am trying to settle an argument with a co-worker that was once a jailer. I cannot find the law(s) and it is his opinion that they can have unsupervised contact, but cannot be housed together.

Maybe I'm wrong, but I figured I'd post the Q: here before I relented. :teeth
 
}Dragon{

}Dragon{

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motorman4life said:
Okay, I am posting this here because I am hoping there is someone there with mad research skilz or some training or experience in Title 15 or the law applying to inmate rights.

It is my understanding that CIVIL inmates cannot be housed with or have contact with CRIMINAL inmates. That is, a guy locked up for failing to pay child support essentailly cannot have any unsupervised contact with a guy locked up for child molesting or rape (whether accused or convicted).

What law(s) pertain to this? Codified and case law would be appreciated.

FYI, I am asking this because I am trying to settle an argument with a co-worker that was once a jailer. I cannot find the law(s) and it is his opinion that they can have unsupervised contact, but cannot be housed together.

Maybe I'm wrong, but I figured I'd post the Q: here before I relented. :teeth
Click to expand...

I've worked in three different detention facilities for two counties and civil detainees were always kept separate from criminal detainees. Lemme see if I can find any law on it.
 
}Dragon{

}Dragon{

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4001. PC

Each county jail must contain a sufficient number of rooms to
allow all persons belonging to either one of the following classes
to be confined separately and distinctly from persons belonging to
either of the other classes:
1. Persons committed on criminal process and detained for trial;
2. Persons already convicted of crime and held under sentence;
3. Persons detained as witnesses or held under civil process, or
under an order imposing punishment for a contempt.


4002. (a) Persons committed on criminal process and detained for
trial, persons convicted and under sentence, and persons committed
upon civil process, shall not be kept or put in the same room, nor
shall male and female prisoners, except husband and wife, sleep,
dress or undress, bathe, or perform eliminatory functions in the same
room. However, persons committed on criminal process and detained
for trial may be kept or put in the same room with persons convicted
and under sentence for the purpose of participating in supervised
activities and for the purpose of housing, provided, that the housing
occurs as a result of a classification procedure that is based upon
objective criteria, including consideration of criminal
sophistication, seriousness of crime charged, presence or absence of
assaultive behavior, age, and other criteria that will provide for
the safety of the prisoners and staff.
(b) Inmates who are held pending civil process under the sexually
violent predator laws shall be held in administrative segregation.
For purposes of this subdivision, administrative segregation means
separate and secure housing that does not involve any deprivation of
privileges other than what is necessary to protect the inmates and
staff. Consistent with Section 1610, to the extent possible, the
person shall continue in his or her course of treatment, if any. An
alleged sexually violent predator held pending civil process may
waive placement in secure housing by petitioning the court for a
waiver. In order to grant the waiver, the court must find that the
waiver is voluntary and intelligent, and that granting the waiver
would not interfere with any treatment programming for the person
requesting the waiver. A person granted a waiver shall be placed
with inmates charged with similar offenses or with similar criminal
histories, based on the objective criteria set forth in subdivision
(a).
(c) Nothing in this section shall be construed to impose any
requirement upon a county to confine male and female prisoners in the
same or an adjoining facility or impose any duty upon a county to
establish or maintain programs which involve the joint participation
of male and female prisoners.


You traffic cops... :hand :laughing
 
monstermonster

monstermonster

Well-known member
Damn close. I think it's actually Penal Code Section 4002 you're looking for, MM4L.

a) Persons committed on criminal process and detained for
trial, persons convicted and under sentence, and persons committed
upon civil process, shall not be kept or put in the same room, nor
shall male and female prisoners, except husband and wife, sleep,
dress or undress, bathe, or perform eliminatory functions in the same
room. However, persons committed on criminal process and detained
for trial may be kept or put in the same room with persons convicted
and under sentence for the purpose of participating in supervised
activities and for the purpose of housing, provided, that the housing
occurs as a result of a classification procedure that is based upon
objective criteria, including consideration of criminal
sophistication, seriousness of crime charged, presence or absence of
assaultive behavior, age, and other criteria that will provide for
the safety of the prisoners and staff.
(b) Inmates who are held pending civil process under the sexually
violent predator laws shall be held in administrative segregation.
For purposes of this subdivision, administrative segregation means
separate and secure housing that does not involve any deprivation of
privileges other than what is necessary to protect the inmates and
staff. Consistent with Section 1610, to the extent possible, the
person shall continue in his or her course of treatment, if any. An
alleged sexually violent predator held pending civil process may
waive placement in secure housing by petitioning the court for a
waiver. In order to grant the waiver, the court must find that the
waiver is voluntary and intelligent, and that granting the waiver
would not interfere with any treatment programming for the person
requesting the waiver. A person granted a waiver shall be placed
with inmates charged with similar offenses or with similar criminal
histories, based on the objective criteria set forth in subdivision
(a).
(c) Nothing in this section shall be construed to impose any
requirement upon a county to confine male and female prisoners in the
same or an adjoining facility or impose any duty upon a county to
establish or maintain programs which involve the joint participation
of male and female prisoners.
 
monstermonster

monstermonster

Well-known member
Oops. Sorry, Dragon. I should learn to scroll down so I can see the whole screen. And I should prolly avoid drinking and posting. (who am I kidding?) :laughing

MM4L, your co-worker might be mostly right, based on the PC. Of course, the regs might be more strict.
 
}Dragon{

}Dragon{

(╯°□°)╯︵ ┻━┻ ︵ ╯(°□° ╯)
monstermonster said:
Oops. Sorry, Dragon. I should learn to scroll down so I can see the whole screen. And I should prolly avoid drinking and posting. (who am I kidding?) :laughing

MM4L, your co-worker might be mostly right, based on the PC. Of course, the regs might be more strict.
Click to expand...

It's all good. :port:thumbup
 
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