240-RICR-20-00-1. Visits (version Periodic Refile, 12/28/2001 to 01/22/2003)

RHODE ISLAND DEPARTMENT OF CORRECTIONS POLICY AND PROCEDURE POLICY NUMBER: 9.37 DOC EFFECTIVE DATE: 07/12/99 PAGE 1 OF 8 REPEALS: 5.13.09-3 AND 7.13.02 DIRECTOR: SECTION: SECURITY AND CONTROL SUBJECT: SECURITY AND CONTROL OF OFFENDERS AT OUTSIDE HOSPITALS AND MEDICAL CLINICS AUTHORITY: Rhode Island General Laws (RIGL) § 42-56-10(v), Powers of the director; § 42-56-6, Management of institutions REFERENCES: Policy # 24.03 DOC, Visits; 9.28 DOC, Issuance and Use of Firearms (item III.B.7.) INMATE ACCESS THROUGH LAW LIBRARY? X NO NOTE: As they relate to this policy, the terms “staff”, “staff member” and “Corrections staff” include Correctional Officers and Deputy Marshals. I. PURPOSE: To establish procedures and responsibilities for Rhode Island Department of Corrections (RIDOC) staff assigned to supervise offenders at outside hospitals and medical clinics. II. POLICY: Corrections staff assigned to outside hospital details will exercise close supervision of offenders at all times by never permitting offenders out of their sight, maintaining polite and courteous behavior to all visitors and hospital personnel, exercising extreme caution in the use and control of firearms, and adhering to all special orders contained in this policy. Public Notice: 01/24/99 Public Hearing: 02/16/99 Last filed 06/18/99 9.37 DOC 07/12/99 Security and Control of Inmates at Outside Hospitals and Medical Clinics Page 2 of 8 III. PROCEDURES: A. Shift Duration 1. In order to guard against escape and ensure the well being of offenders, staff, and the public, no Corrections staff are assigned to an outside hospital post for a period longer than eight (8) hours. 2. Hospital posts require absolute alertness on the part of Corrections staff, and timely rotation on this post is crucial. 3. Corrections staff completing an 8-hour hospital shift are not assigned another consecutive hospital shift, except in an emergency such as: a. adverse weather conditions (snowstorms, hurricanes); b. catastrophe (fire, explosion, equipment failure); c. job action or work stoppage; d. riot and/or disturbance. B. Responsibilities 1. It is the responsibility of the Shift Commander at each facility to conduct an inspection of the outside hospital detail from his/her facility at least once every two (2) days and daily, if possible. a. Inspections should be scheduled to avoid a pattern. b. The inspections should be conducted in accordance with Attachment 1 of this policy, and the Corrections staff should be quizzed on their duties as outlined in Attachments 2 and 3. c. A copy of each inspection is sent to the appropriate manager (i.e., facility Warden or Marshal) and the Chief of Security. d. The Shift Commander ensures a copy of this policy is in the possession of all Corrections staff assigned to hospital duty and that all aspects of this policy are being followed. 2. RIDOC Security Specialists also conduct inspections of outside hospital details. C. Special Orders 9.37 DOC 07/12/99 Security and Control of Inmates at Outside Hospitals and Medical Clinics Page 3 of 8 1. Whenever an offender is admitted to an outside hospital, all institutional clothing (trousers, shirt, shoes, etc.) is placed in a bag, marked for identification, and returned to the sending facility. Institutional clothing NEVER remains at the hospital. 2. Upon the offender’s initial hospital admittance, it is the duty of the assigned staff member to survey and note all EXITS and possible ESCAPE ROUTES. a. This information is shared with relief staff. b. One staff member remains with the offender at all times. (1) S/he should be positioned outside of the room facing the door. (2) The bed is placed in a position so that the staff member can observe the offender at all times. NOTE: In this position, staff can observe anyone who enters the hospital floor. If s/he is positioned inside the room, someone could enter the room and surprise him/her. (3) Staff assigned to hospital duty will not have their families or friends visit them during duty hours. (4) Provisions for meals must be made prior to coming on shift. No distractions from duty are allowed. (5) All offenders from walled facilities must be shackled to the bed with either a handcuff or a leg iron. (a) Care in placement of the restraints should be taken to prevent discomfort to the offender, and advice from medical personnel concerning restraint placement will be followed. 9.37 DOC 07/12/99 Security and Control of Inmates at Outside Hospitals and Medical Clinics Page 4 of 8 (b) Good security will be practiced at all times, and any question about restraint use or placement will be brought to the attention of the Shift Commander. 3. Each staff member reporting for hospital supervision duty will be issued the following: a. Firearm; [Consistent with policy # 9.28 DOC (item III.B.7. on page 3 of that policy), Issuance and Use of Firearms, when being relieved at an outside hospital post, the staff member being relieved will check and make sure that the relief staff has an up-to-date qualification card on his/her person.] b. Night stick/Baton; c. Handcuffs and leg irons, with key; d. Oleoresin Capsicum (OC) – “pepper spray”; e. Hand-held metal detector; f. Official visiting list; g. Photograph of offender; h. Personal history information is furnished for staff’s official use and will remain confidential. This information will not be shown to the offender, his/her visitors, or any other person not associated with RIDOC. i. Statement of identification for either ambulatory (clinic) or admitted offenders to be presented to the nursing shift supervisor (Attachment 4). j. Policy 9.37 DOC, “Security and Control of Inmates at Outside Hospitals”. k. List of telephone numbers for the hospital’s local police department, if other than those listed: Providence: 272-1111 -- 272-3121 Warwick: 739-3800 -- 737-2244 Cranston: 942-2211 -- 943-1410 9.37 DOC 07/12/99 Security and Control of Inmates at Outside Hospitals and Medical Clinics Page 5 of 8 4. While at a hospital, offenders are still in custody. Hospital rules and regulations are followed unless they represent a breach of security. If a problem arises, the Shift Commander should be contacted immediately. a. There is NO SMOKING by Corrections staff or offender-patients during hospital stays. 5. Offenders are allowed not more than two (2) authorized visitors at any time. If hospital authorities request a lesser number, their request is honored. a. NOTE: Unless terminally ill [see 5.c.(1) below], High Security Center (HSC) inmates are NOT allowed visits while at outside hospitals. b. Visiting hours for offenders confined at outside hospitals are from 1:00 p.m. to 3:00 p.m., Monday through Friday. NO SATURDAY, SUNDAY, OR EVENING VISITS ARE ALLOWED. c. While at an outside hospital, the offender’s visits are limited to individuals on approved visiting lists. (1) An exception to the above may be made for offenders who are diagnosed as terminally ill. The times, number of visitors, and frequency of visits to terminally ill offenders must be approved by the appropriate manager (i.e., Warden, Marshal, or designee prior to the visit). (2) The following individuals may visit offenders who are on Awaiting Trial status: (a) Persons on the offender’s approved visiting list; (b) Immediate family (for those offenders who were not housed at the facility long enough to receive visits and establish a visiting list). d. Only newspapers or magazines searched by staff on duty may be brought in by visitors. No other items are allowed. 9.37 DOC 07/12/99 Security and Control of Inmates at Outside Hospitals and Medical Clinics Page 6 of 8 e. All male visitors must empty their pockets and be frisked. Female visitors will be asked to empty their purses and show all contents, including any items in coat pockets. f. When available, a hand-held metal detector will be used to search all visitors. FAILURE TO COMPLY WILL RESULT IN DENIAL OF VISIT. (1) All visitors are required to sign a “Visitor Consent to Search Form” (Attachment 5). g. Visitors are not allowed to sit on offenders’ hospital beds. h. Attorney visits: Offenders’ official attorneys-of-record may visit at any time during an offender’s hospitalization. 6. Offenders are NOT permitted to leave the general area to which they are confined, except to travel elsewhere in the hospital for tests, operations, x- rays, etc. THE STAFF MEMBER MUST ACCOMPANY THE OFFENDER WHEREVER S/HE GOES AND NEVER LEAVE THE OFFENDER OUT OF HIS/HER SIGHT. a. Offenders are not allowed to go into rooms that have televisions or to use hospital recreation rooms. They are to remain in their rooms. b. The televisions in offenders’ rooms must remain off. 7. Corrections Staff Calls: Staff are to call their Control Centers at each shift change and every hour on the half during the shift. a. A telephone should be furnished for staff’s duty calls. b. In the event that a telephone is not available, portable radios are used. c. Offenders are NOT ALLOWED to make or receive telephone calls. d. In order to maintain control of the telephone, the staff member on duty will remove the cord between the handset and the telephone body, leaving the handset in place when the telephone is not in use. The cord will be kept in the staff member’s possession until it is needed for a call. Following this procedure will allow the phone to ring in the event an incoming call is made to staff and not allow any chance for unauthorized outgoing calls. 9.37 DOC 07/12/99 Security and Control of Inmates at Outside Hospitals and Medical Clinics Page 7 of 8 8. In the event an offender is admitted, released, changes rooms, or his/her condition changes, staff is to notify the Control Center and Shift Commander immediately. a. The Shift Commander will notify RIDOC Medical Services when an offender patient is admitted by calling the ISC dispensary (462- 2268). b. The Hospital Security chief is to be notified by the Shift Commander whenever an offender patient is to be admitted, discharged, or reassigned to another area. c. Whenever it is necessary for the staff member to use the restroom, Hospital Security will be advised. (1) If the Hospital Security is not available, the staff member will advise the floor nurse. (2) The offender must be shackled and handcuffed to the bed in all cases, and staff will call his/her facility to inform his/her Shift Commander and place another call when all is clear. d. Whenever it is necessary for the offender patient to relieve him/herself: (1) S/he will use a bedpan; or (2) S/he will use his/her assigned hospital room’s restroom. (a) Staff will ensure the restroom is used by the offender patient only [i.e., it does not connect two (2) hospital rooms]. (b) Staff will leave the door ajar, affording the offender patient a degree of privacy while maintaining visual observation. e. If the offender is at Garden City Medical Center, staff may call the outside patrol for assistance (3:00 p.m. – 11:00 p.m. and 11:00 p.m. – 7:00 a.m. shifts only). 9. Whenever an offender is admitted to an outside hospital, s/he is to be given a copy of the “Rules and Regulations for Inmates and Their 9.37 DOC 07/12/99 Security and Control of Inmates at Outside Hospitals and Medical Clinics Page 8 of 8 Immediate Family” (Attachment 6). This form must be signed by the offender, with a copy placed in his/her file. 10. The following special instructions apply for ambulatory (clinic) offender patients. a. Offenders in an ambulatory status are not allowed visits. b. Ambulatory offenders must wear restraints at all times. However, restraints interfering with medical treatment may be removed. c. At Rhode Island Hospital, a holding room may be available for all offenders attending clinics. (1) This room should be used whenever an offender is not required to physically be at the clinic. (2) Minimum and Work Release inmates should be instructed to use this room prior to their being dropped off at the hospital. d. The staff member contacts his/her Shift Commander if any questions arise concerning security procedures. 11. This policy will be designated as a post order and will be in the possession of staff assigned to outside hospital details. C:\SECURITY & CONTROL\9.37 DOC\POLICY 9.37 DOC Attachment 1 Page 1 of 1 RHODE ISLAND DEPARTMENT OF CORRECTIONS OUTSIDE HOSPITAL CHECK Date:__________________________________ Time:_____________________________________ Hospital:_____________________________________________ Room #:_______________________ Offender’s Name:_____________________________________________________________________ RIDOC ID #:_________________________________________________________________________ Offender’s Facility: ISC HSC MAX MED I MED II MIN WOM – GM WOM – DIX Marshal Assigned Staff Member’s Name:_________________________________________________________ The following areas must be checked on each inspection: YES NO COMMENTS Post Orders Visitor Card I.D. Picture Visitor Consent to Search Form Hospital Rules & Regs. Night Stick/Baton Oleoresin Capsicum (OC) Assigned Weapon Weapon Qualification Handcuffs Leg Irons Handcuff Key Proper Location of Staff Check w/Charge Nurse – Any Problems Hand-held Metal Detector Radio or Telephone General Comments:___________________________________________________________________ ____________________________________________________________________________________ Shift Commander’s Signature:___________________________________________________________ Facility:_________________________________ Date:_____________________________________ Distribution: Chief of Security Facility Warden or Marshal C:\SECURITY & CONTROL\9.37 DOC\AT1 9.37 DOC Attachment 2 Page 1 of 1 RHODE ISLAND DEPARTMENT OF CORRECTIONS SYNOPSIS OF DUTIES FOR AN AMBULATORY (CLINIC) OFFENDER PATIENT VISIT 1. Staff to be positioned to observe the corridor and the offender at all times. In the event staff is supervising a member of the opposite sex, allowance will be made for privacy consistent with good security. 2. Staff to ensure the offender is handcuffed and shackled at all times, but will take direction from the medical staff and remove those restraints that interfere with treatment. 3. Staff not to smoke while at the clinic and to ensure that the offender does not smoke. 4. Staff to remain awake and alert at all times. 5. If staff needs to use the restroom, s/he must advise hospital security. If hospital security is not available, staff will advise the floor nurse. The offender will be shackled and handcuffed while staff is in the restroom. 6. Staff will obey all “Rules and Regulations” of the hospital. 7. Staff will not make unauthorized telephone calls. 8. Staff will not disrupt the normal routine of the on-duty hospital staff, and s/he will not engage in idle conversation which will distract him/her from his/her duties. 9. Staff will ensure no one visits the offender at the clinic. 10. Staff will be familiar with policy # 9.37 DOC and comply with all its provisions. 9.37 DOC Attachment 3 Page 1 of 1 Rhode Island Department of Corrections SYNOPSIS OF DUTIES FOR AN ADMITED OFFENDER PATIENT 1. Staff to be positioned outside of the offender’s room so that s/he can observe both the corridor and the offender at all times. 2. Staff required to make hourly telephone checks with his/her facility’s control center. 3. Staff not to smoke while on the floor and to ensure the offender does not smoke. 4. Staff will remain awake and alert at all times. 5. If staff needs to use the restroom, s/he must advise hospital security. If hospital security is not available, staff will advise the floor nurse. The offender will be shackled and/or handcuffed to the bed while staff is in the restroom. 6. Staff will obey all “Rules and Regulations” of the hospital. 7. Staff will not make unauthorized telephone calls. 8. Staff will not disrupt the normal routine of the on-duty hospital staff, and s/he will not engage in idle conversation which will distract him/her from his/her duties. 9. Staff will ensure strict adherence to RIDOC’s Visits policy (#24.03 DOC). 10. Staff will be familiar with policy 9.37 DOC and comply with all its provisions. 11. Staff will ensure the television in the offender’s room remains off at all times. 9.37 DOC Attachment 4 Attachment 4 is a sample memo from Corrections staff to hospital nursing supervisor. It contains a list of CONFIDENTIAL telephone numbers and is therefore not included in this draft. 9.37 DOC Attachment 5 Page 1 of 1 RHODE ISLAND DEPARTMENT OF CORRECTIONS VISITOR CONSENT TO SEARCH I, ______________________________________________________________________________, of (name) ____________________________________________________________________________________ (address) desiring to visit _______________________________________________________________________ (name of offender) presently confined in the custody of the Department of Corrections at ___________________________ ____________________________________________________________________________________ (name of hospital) in exchange for the privilege of being allowed to visit ________________________________________ (name of offender) hereby consent to a search of my person and effects by employees of the Department of Corrections, State of Rhode Island, and hereby waive my claims as a result of said search against the Department of Corrections, State of Rhode Island, its staff, agents, and servants. ________________________________________________ Name of Visitor _______________________________________________ Date _________________________________________ Witness C:\SECURITY & CONTROL\9.37 DOC\AT5 9.37 DOC Attachment 6 Page 1 of 1 RHODE ISLAND DEPARTMENT OF CORRECTIONS RULES AND REGULATIONS FOR OFENDER AND HIS/HER IMMEDIATE FAMILY Duplicate to be given to Offender ____________________________________ Date Following is a list of rules and regulations to be followed by offenders when at outside hospitals. You (the offender) are to familiarize yourself with the following rules and also alert those people in your immediate family who you will want to visit you in the hospital. 1. While at an outside hospital, your visits shall be from 1:00 p.m. to 3:00 p.m., Mondays through Fridays. NO SATURDAY, SUNDAY, OR EVENING VISITS. 2. While at the hospital, you may be visited only by those people on your approved visiting list, and you may have only two (2) authorized visitors at one time. 3. You are NOT ALLOWED to receive any clothing, foods, or liquids while hospitalized. Only a newspaper or magazine is allowed, but it will be searched by staff on duty. 4. No visitors are allowed to sit or lie on the bed. 5. All MALE visitors shall be patted down and must empty their pockets before being allowed to visit. FEMALE visitors shall empty their purses to show all contents, and they will also have their coat pockets checked. FAILURE to follow these procedures will result in denial of visit. 6. Offenders are not allowed to make or receive telephone calls. 7. Offenders must remain in their assigned rooms; they are not allowed to go to recreation areas or to walk in hallways. 8. You are allowed to have pajamas, one (1) robe, and one (1) pair of slippers while at the hospital. All other clothing will be returned to your facility until you are ready to return. 9. You will not be allowed to have the television turned on in your room. I, _________________________________________, have read and understand the above rules and regulations, and I will notify my immediate family as to who may visit, the visiting schedule, and any other rules which they must follow. _________________________________________ ____________________________________ Offender’s Signature Witness’s Signature Distribution: Original – File Duplicate – Offender C:\SECURITY & CONTROL\9.37 DOC\AT6