BJOC 2.1 - Admissions and Release

Terminal Performance Objective (TPO):

Given the need for student comprehension, the student will explain the booking, admissions and release procedures with emphasis to legal, security, records information, and the health and human relations aspect of the process as well as explaining the inmate classification procedures, inmate health screening and inmate orientation in accordance with the Basic Jail Officer Reference Textbook.

BJOC 2.1 - Admissions and Release

Enabling Objectives (EO’s):

As a result of this instruction, the student will be able to:

2.1.1        Identify proper security procedures during the admissions and release process.

2.1.2        Identify confinement orders, warrants and court commitment papers and how to determine their legal validity.

2.1.3        Identify procedures for dealing with sick and injured persons during booking and the health screening process.

2.1.4        Identify reasons for conducting health screening.

2.1.5        Identify procedures regarding Consular Notification.

2.1.6        Identify the types of records which are considered to be Criminal History Records Information, methods to secure those records and the penalties for unlawful disclosure.

2.1.7        Identify information required for inmate classification to include inmate identification and housing assignment purposes.

2.1.8        Identify reasons for distinguishing special needs inmates to include gang members, child molesters, child abusers, cross dressers and transsexuals.

Identify methods of release of inmates to include pretrial releases, post trial releases, transfers and court ordered releases.

 Frisk (pat down) search is a search of the person while still clothed.  This search should be conducted on each new arrestee entering the jail.

  Body Cavity or Body Cavity Probe search is an intrusive search of a person’s internal body cavities.  This search requires probable cause.  Obtain a search warrant and have the search performed by medical personnel in the officer’s presence.  The officer must be of the same gender as the inmate’s, according to the 4th Amendment of the U.S. Constitution.  All searches should be performed in accordance with the agency, jail policy and procedure.

Weapons that are defined by jail policy, such as firearms, chemical agents, and expandable batons, should not be allowed in the jail.  Arresting officers must place their weapons in a secure area provided for storage of weapons.

List the documents that are accepted as legal arrest documents.

Any one of the following documents constitutes legal confinement:

•           Uniform traffic citation issued by a law enforcement officer. It is usually accompanied by an arrest affidavit.

•           Arrest warrant issued for the arrestee. It is usually accompanied by an arrest affidavit.

•           Court orders ordering the arrest or detention of the individual named in the order. These are also known as commitment orders or confinement orders.

•           Transfer papers or hold papers from other agencies such as Federal Bureau of Prisons, Department of Corrections, U.S. Marshals, ATF, DEA, or another county or city law enforcement agency.

•           Teletype messages from the Georgia Crime Information Center (GCIC) or National Crime Information Center (NCIC) indicating an outstanding arrest warrant and verification of the validity of the warrant from the requesting agency.

When does the jail have authority to refuse an arrestee due to needing medical treatment?

In accordance with O.C.G.A. § 42-4-12 keepers of the jail must accept all arrestees that are being charged with an indictable offense except as provided in the code section:

“A sheriff, constable, keeper of a jail, or other officer whose duty it is to receive persons charged with or guilty of an indictable offense shall be authorized to refuse acceptance of any person who has not received medical treatment for obvious physical injuries or conditions of an emergency nature.  Upon such refusal, it shall be the responsibility of the arresting agency to take the individual to a health care facility or health care provider in order to secure a medical release.”

What are some conditions that might warrant medical attention for an arrestee?

§  Injuries in obvious need of medical attention that is not available at the jail,  

§  A medical condition such as high blood pressure or diabetes and the arrestee states he/she has not taken his/her medication as directed, or

§  Extreme intoxication from drugs or alcohol.

What health concerns should a health screen questionnaire cover?

The health screening questionnaire covers:

§  the inmate’s medication

§  special diets

§  history of medical or psychiatric illness

§  allergies

§  current mental state (stable or suicidal)

§  recent injuries

§  history of communicable diseases such as AIDS, tuberculosis, hepatitis

§  drug use to include alcohol

§  if the inmate is female, if she is pregnant, recently delivered a baby, or is on birth control.

All new inmates must undergo a health screening as soon as possible after admission to the jail. 

Foreign National is any person that is not a U.S. Citizen.

International agreements have existed for many decades to protect the rights of foreign nationals in the United States and other countries. These international agreements started out under treaties of Friendship, Commerce, and Navigation.  Later the Vienna Convention on Consular Relations (VCCR) was ratified in April of 1963 and the U.S. entered it into force in December of 1969.

O.C.G.A. § 42-4-14 Nationality of confined person to be determined; verification of lawful status

Criminal History Record Information (CHRI) is information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, accusations, information or other formal criminal charges, and dispositions arising there from, including sentences, correctional supervision and releases.

The information from both the criminal fingerprint card(s) and the OBTS form(s) combine together to form the Record of Arrest and Prosecution (RAP Sheet(s)).  The information contained on the rap sheet comes from local, state or federal agencies.  The rap sheet contains identifiable descriptors, formal charges and final disposition

Improper handling and releasing of CHRI can result in being fined not more than $50,000.00 or imprisoned for not more than 15 years or both.

Black’s Law Dictionary defines classification as an “arrangement into groups or categories on the basis of established criteria.” Classification, in today’s jails, is a management tool. 

The very basic factors include: 1) sex  {male or female}; charges {local ordinance, misdemeanor, or felony}

What types of inmates may be classified as special concern inmates?

·        Mental retardation is a condition in which the brain did not develop abilities to the full extent.  Individuals that are mentally retarded will appear to have difficulty comprehending and may not be able to perform activities or tasks as instructed. Mental retardation cannot be treated with medication.

•           The disabled inmate may be physically disabled, hearing impaired, or visually impaired. The disability may be obvious upon the inmate’s entry to the jail or it may be discovered during the health screening process. Note the disability immediately for it must be considered during the classification/housing process.

•           Elderly inmates usually have special needs such as diet, medication, physical problems, mental state such as dementia, or mobility issues.  Elderly inmates should be housed separately from the younger more violent inmates to avoid abuse.

•           Substance abusers of legal or illegal drugs, including alcohol, make up a large portion of the jail population.  At some point they experience withdrawal from the drug. Early recognition of an abuser will benefit not only the jail but the inmate as well.  Early recognition and classification of the substance abuser requires an inmate be housed in the medical area to receive the proper treatment for the withdrawal symptoms. If the inmate is placed in general population, the inmate may harm him/her self or harm another inmate, a jail officer, or be harmed by another inmate.

•           Cross dressers, also known as transvestites, are individuals that dress as the opposite sex.  More commonly they are males dressing as females.  These individuals cause concern upon entering the jail due to (1) searching the individual, and (2) classification/housing because the general population may not be accepting of the cross dresser’s life style.

•           Transsexuals are those individuals that feel trapped in the body of the opposite sex. They take steps to change their sex through hormones and undergoing surgical procedures.  The individuals that are in this process who find themselves incarcerated become a special concerns inmate.  Depending on the stage in the sex-changing process, classification/housing becomes an issue.  The hormones may have changed the individual enough to pose a risk housing the inmate in general population.  If the inmate has undergone surgery to have his/her anatomy changed, the inmate must be housed separately due to safety concerns.

The cross dresser and the transsexual inmate may be obvious upon the entry to the jail but if not, it should be addressed in the classification interview and handled according to jail policy and procedure.

•           Gang members are sometimes difficult to recognize. However, jail officers must be alert to clothing, colors, tattoos, and hand signs that are frequently associated with gang members. Not all gang members wear identifiers of their gang affiliation.  There are three major concerns when gang members are incarcerated:

Gang members intentionally get locked up to recruit new members. 

If rival gang members are incarcerated and housed together, it could become a safety and security issue. 

If multiple gang members of the same gang are housed together, they may attempt a take-over of the cell.

If an inmate has been identified as a gang member, document the name of the gang and its identifiers.

•           Child molester/abusers may be incarcerated on a charge(s) that classifies him/her as a molester, or it may be discovered once a criminal history is obtained on the individual.  Child molesters may also be registered as sex offenders, depending on the violation. Child molesters/abusers are usually not well accepted in general population and may require separate housing.  The jail should have written policy and procedure for housing child molesters/abusers separately.

Bail/Bond:  Bail is the amount of collateral necessary to ensure that the principle (inmate) will be present in court to appear before the judge and/or jury. Bond is the contract/document that is signed by all parties (principle, surety and jail) agreeing to certain terms and conditions, and assuring that the principle will appear in court.  

 (b) The recognizance bond shall be of the following type:

In consideration of the release of ____(name of person charged) charged with ________(name or description of offense) it is agreed that the aforementioned prisoner will be restrained at the ________(appropriate military installation) in whatever degree considered to be appropriate by his commanding officer.  This restraint will be for a minimum of 12 hours in all cases involving consumption of alcoholic beverages.  It is further agreed that he will not be transferred, granted leave, or discharged from the _____(appropriate service) without notice to the sheriff or his deputy and will be delivered to the sheriff or his deputy upon demand.  These terms and conditions will be withdrawn only upon his posting of the required personal bond or upon the release by the sheriff, his deputy, or the appropriate court.

A recognizance bond executed and signed by the commanding officer of the person or the officer’s lawfully delegated subordinates.

Are employees of the jail allowed to give advice as to which bondsman or bonding company to do business with? 

Time served means that the sentence that was imposed by the court has been served and the inmate is now free to be released from the jail.

(1) Was sentenced to serve time in a state facility, or (2) served time in the jail on local charges and is being released to another agency for additional charges.

When might a court order release be issued for an inmate?

O.C.G.A. § 17-6-52: Soliciting business by bondsmen and attorneys

Professional bondsmen, their agents, or employees shall not solicit business as bondsmen or loiter about or around jails, places where prisoners are confined, or the courts for the purpose of engaging in or soliciting business as such bondsmen.  No state or municipal law enforcement officer or keeper or employee of a penal institution may suggest to or give advice to, in any manner whatsoever, any prisoner regarding the services of a professional bondsman to write a criminal bond for the appearance of a prisoner in any court at any time.