For The Corrections Officer TCLEOSE Exam

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  • TCLEOSE

    TCLEOSE established on Sept. 1, 1965

    Ethics

    Definition of ethics - the discipline dealing with what is good and bad and with moral duty and obligation.

    TCJS

    created in 1975

    Three primary jail concepts

    - Intermittent-The Linear
    -Remote-Podular indirect
    -Direct Supervision (podular)

    Intermittent-The Linear

    More Jailers are required to provide increased surveillance.

    Remote-Podular indirect

    Have more physical barriers and vandal-proof equipment and furnishings than the podular/direct supervision design.

    Direct Supervision (podular)

    an inmate supervision management style in which jailer(s) are stationed inside a housing unit 24 hours per day. ( Requires more staff training).

    Staff to inmate ratio

    1:48 in a correctional setting

    MISCONCEPTION OF ETHICS

    -Ethics is not something that good people need to worry too much about.
    -Idealism is incompatible with realism.
    -People concerned about ethics dismiss every pleasure and are just "holier-than-thou."
    -The principal focus of ethics is moral problems, as opposed to the formation of habits of good character.
    - If other officers are not concerned, then a behavior is acceptable.

    Stakeholders

    -Are any person,organization or entity that may be affected by what you do.

    Attitude

    Something that influences him/her to behave in a certain way in regard to that person or thing.

    Race

    Since no "pure" races remain, some prefer to avoid reference to race and instead discuss group differences under the heading of ethnicity.

    Ethnicity

    Members of an ethnic group usually have common ancestry and generally share language, religion, and other cultural patterns.

    Ethnocentrism

    Is "the act of regarding one's culture as the center of the universe, and hence as the basis for all comparisons with other cultures."

    Prejudice

    Is an adverse judgement or opinion formed beforehand or without knowledge of or examination of the facts.

    Culture

    A way of thinking and acting based on tradition.Learned behavior passed down from one generation to another.

    Discrimination

    Acting on the basis of prejudice.

    Scapegoating

    Provides a convenient group or person to blame when things go wrong in one's personal life or in the community.

    Forms Of Prejudice

    -Racial
    -Ethnic
    -Gender
    -National origin
    -Political affiliation
    -Authority Figures
    -Sexual orientation
    -Physically/mentally challenged
    -Religion
    -Age
    -Economic/Occupational
    -Weight
    -Individual personal preferences

    Having sex with inmates

    Violate of the civil rights of person in custody.

    Sexual Harassment

    Is deliberate or repeated sexual based behavior that is not welcome,not asked for,and not returned or is unwelcome sexual or gender based behavior.

    "Quid Pro Quo"

    "what for What?" "this for that"

    Hostile Work Environment

    "alter the conditions of the employee's empolyment and and create an abusive work environment."

    Title VII of the Civil Rights Act of 1964

    Sexual Harrassment

    Booking

    Recording of certain information relating to the inmate during the admissions process.

    Inmate Files

    -Name of inmate, including aliases
    -description
    -gender
    -martial status
    -address
    -date of birth
    -offense charged
    -date of birth
    -offense charged
    -date of commitment
    -previous criminal record
    -record of injuries
    -inmate property inventory
    -disabilities warranting special accessibility consideration
    -UPON INTAKE, AMEDICAL RECORD SHALL BE ESTABLISHED AND SHALL BE KEPT SEPARATE.

    Health Tags

    Which may identify the inmate as having special medical needs shall be noted in the inmate's medical record and brought to the attention of health personnel and /or the supervisor on duty.

    TCIC and NCIC

    Checks that are done during the booking procedure.

    Detainer

    A report form that documents an agency's authority to retain a person in custody pending a fulfillment of a legal obligation or transfer to another jurisdiction.

    Records

    A daily record of the number of inmates in the facility. The sheriff/operator shall maintain this record.

    Written Record

    A separate written record of all incidents that result in physical harm or serious threat pf physical harm to an employee,visitor, or inmate in a facility .Such record shall include the names of the persons involved,a description of the incident, the actions taken, and the date and time of the occurrence. Such a written record shall be prepared and submitted to the sheriff/operator within 24 hours of the incident.

    Escape

    The Texas Commission on Jail Standards shall be notified of all escapes from a facility within 24 hours of the escape.

    Family violence

    Department can detain for 4 hours, magistrate can detain for additional 24 hours, not to exceed 48 hours. (CCP 17.29) (Code Criminal Procedures)

    Telephone directory

    Shall be available for inmates' use within the processing area.

    Inmate Telephone Plan

    Each family shall have and implement a written plan,approved by the commission, governing the availability and use of inmate telephones.

    Making sure the inmate understand the rules and regulations

    -Post or issue inmate a copy of the rules and regulations in English or Spanish.
    -Provide an interpreter, if needed
    -Read the rules and regulations to the inmate, if illiterate.

    Commitment

    Person so commited

    Capias

    A writ issued by Court or Clerk.

    Capias pro fine

    You pay or you stay

    Writ of Attachment

    Foreman of a grand jury (bench warrant)

    Warrant

    Some other person specially named

    Magistrates Warrant

    Fugitive from another state

    Premitting or Facilitating Escape

    (a) An official or employee of a correctional facility commits an offense if he knowingly permits or facilities the escape of a person in custody.
    (b) A person commits an offense if he knowingly causes or facilities the escape of one who is in custody pursuant to:
    (e) an offense under this section is a Class A misdemeanor.
    (d) An offense under this section is a felony of the third degree if the person in custody:(1) was under arrest for, charged with, or convicted of a felon. (Felony Three)

    Unlawful Restraint

    (a) A person commits an offense if he intentionally or knowingly restrains another person.
    (c) An offense under this section is a Class A misdemeanor, except that the offense
    (2) a felony of the third degree if: (A) the actor recklessly exposes the victim to a substantial risk of serious bodily injury;

    Obtaining Inmates Identification

    (A) Drivers License
    (B) Run Computerized History (CCH)
    (C) Contact local agency for mug shot
    (D) Contact supervisor

    Drivers License

    1. Name
    2. Date of Birth
    3. Address

    Run Computerized History (CCH)

    1. Name
    2. Date of Birth
    3. Other acceptable identifiers ( SSN, DPS, and FBI numbers.)

    Check and update the inmate file daily for:

    1. Indictments (charge) / No Bill (Not a Charge)
    2. Dismissals
    3. Declines of prosecution
    4. Convictions
    5. Acquittals - Not Guilty
    6. Releases
    7. New charges
    8. Bond Information ( amount, any special requirements)
    9. Report as to prisoner's status. ( Code Criminal Procedure)

    Upon receiving changes in inmate's status

    Contact county and/ or district attorney/clerk offices for verification or clarification.

    The legal ramifications of not updating a file can result in:

    1. Criminal liability
    2. Civil liability

    Identification Procedures

    Dates and identification numbers should correspond with "mug shots" if both are taken.

    Preparing identification photographs

    (A) Prepare the agency ID number on the chest board, including the correct date.
    (B) Position the inmate with the chest board attached appropriately for front and side view photos.
    (D) Take the photos:
    (1) Front view with/without accessories (hat, glasses, wig, etc.)
    (2) Side view, left and right, with/without accessories (hat, glasses, wig, etc.)

    Useable set of inked fingerprints

    - Excessive perspiration causes the inked impressions to be indistinct.
    - It is also suggested that the fingers be wiped with alcohol.
    - If an injury is temporary, the prints should be taken after it heals, not before (if possible)

    The most common equipment includes:

    a. Spatula
    b. Small rubber roller
    c. Curved holder for individual finger block cardstock (post-mortem spoon)

    Fingerprint procedures

    Have the inmate clean their hands and fingers with soap and water or a good waterless hand cleaner.

    Use recommended equipment:

    a. Inking plate
    b. Cardholder
    c. Printer's ink (paste type)
    d. Roller

    To obtain clear distinct fingerprints:

    a. Use a thin even coating of ink
    b. The inked surface should be at a height where the inmate's forearm can assume a horizontal position when the fingers are being inked.
    c. Use standard 8 " x 8 " fingerprint cards and card holders

    Method of rolling prints

    - The hand should be rotated from the more difficult to the easy position.
    - This requires that the thumbs be rolled toward and the fingers away from the center of the subject's body

    Two Types of impressions

    1. Rolled - are taken individually
    2. In taking the rolled impressions, the side bulb of the finger is placed upon the inking plate.
    (a) Care should be exercised so that the bulb of each finger is inked evenly from the tip to below the first joint.
    3. Plain impressions - To obtain "plain" impressions, all of the fingers of the right hand should be pressed lightly upon the inking plate, then pressed simultaneously upon the lower right hand corner of the card in the space provided.

    Definition of a right

    A power, interest, or demand inherent in one person or established by law for protection and benefit of a person.

    Constitutional Rights

    Rights given by the constitutions or through amendments

    Statutory Rights

    Rights given through passing of laws by legislatures

    Regulatory Rights

    Rights given by regulatory agencies (both state and federal) - Jail Standards

    Case Law

    Rights given or restored to the individual by the courts

    Rights gained through policy and procedure

    Department rules and regulations

    1st Amendment

    1. Free exercise of religion
    2. Freedom of expression
    3. Rights to legal access

    Free exercise of religion

    Reasonable opportunities to exercise religious beliefs must be afforded.

    Freedom of expression

    Access to the media, some visitation, and some telephone use

    Rights to legal access

    Access to courts and legal services

    4th Amendment

    1. Rights of Inmates
    (a) Search of persons
    (b) Search of cells
    (c) As it relates to privacy

    5th Amendment

    1. Protection from double jeopardy
    2. Protection from self - incrimination
    3. Without due process

    6th Amendment

    1. The right to be informed of the accusation
    2. The right to counsel

    8th Amendment

    1. The right to bail
    2. Protection from cruel or unusual punishment

    14th Amendment

    1. Equal protection of the law (Discrimination)

    Definition of privilege

    A particular benefit enjoyed by a person beyond the common advantage of other citizens

    Liability

    Tort Liability
    1.) Money damages for civil wrong
    2.) Negligent, malicious acts done intentionally by jail personnel that result in injury to an inmate
    3.) Negligent, malicious acts or omissions acts done intentionally by jail personnel that result in injury to an inmate

    Vicarious Liability

    Indirect legal responsibility

    If supervisor give verbal order that is contrary to rule or law

    Request supervisor issue written order

    Reports

    - Reports should be written in the order in which the event occurred.
    a. Active voice (first person)
    b. Passive voice (third person)
    - Reports should be written in plain English and should avoid excessive police.

    Reports should contain information that is:

    a. Accurate
    b. Concise
    c. Complete
    d. Clear
    e. Legible
    f. Objective
    g. Grammatically correct
    h. Correctly spelled

    Elements of a complete report:

    a. Who?
    b. What?
    c. When?
    d. Where?
    e. Why?
    f. How?
    - Proofread written reports

    Courtroom Demeanor & Testimony

    The initial phase of the trial during which the prosecution presents the evidence demonstrating the guilt of the defendant is usually when the officer is first called to testify.

    Direct Examination

    a. The prosecutor elicits facts from the officer
    b. Direct testimony to the jury, or to the judge in the absence of a jury, when answering prosecutor's questions
    c. In the event that defense counsel objects to a question, remain silent until the court has ruled on the objection
    d. The judge will rule on the objection in one of two ways
    1) "Sustained" ( the officer may not answer )
    2) "Overruled" ( the officer may answer the question )

    Cross Examination

    a. The defense counsel will begin the questioning after the prosecution has finished with the witness.

    Redirect Examination

    a. Following the cross examination by the defense attorney, the prosecutor may question the witness to clarify statements or answers given during the cross - examination.

    Re - cross Examination

    a. The defense attorney may further question a witness after redirect examination by the prosecutor.

    Court Demeanor

    Address the judge, jury, or whoever asks the questions.

    Under the Rule

    Officers are NOT to discuss the case with other witness and / or jurors

    Search

    The examination of persons or property with the intention of finding evidence not in plain sight.
    1.) Officers will search an inmate thoroughly to prevent the introduction of contraband into the facility.
    2.) Officers will search an inmate thoroughly to prevent contraband from being possessed within the facility.

    Contraband

    Is considered to be any item, material, or substance that is prohibited by law or agency directives.This may include any item that was issued or purchased in the commissary that has been altered or is no longer used for its original purpose.

    Illegal Contraband

    If the contraband is illegal in and of itself it will be documented as a criminal offense.

    Prohibited Contraband

    If the contraband is prohibited by agency rules and regulations it will be documented administratively.

    Verifying the gender

    1.) Visually observe inmate clothed.
    2.) Ask the inmate to identify his/her gender.
    3.) Visually observe the inmate unclothed.

    Search ( clothed search ):

    - A thorough pat or frisk search shall be conducted on each inmate upon entry into the facility and prior to booking.

    Strip Search:

    -The strip search shall be conducted by jailer(s) of the same gender in a reasonable and dignified manner and place.

    Searches for contraband:

    -Any inmate who leaves the security perimeter of the facility shall be thoroughly searched for contraband before reentering the security perimeter.

    Search before release to another agency:

    -All inmates being released to other custody shall be searched by the releasing agency.

    Cavity Search:

    -Must have "probable cause"

    Civil Liability (Reasonableness of the search):

    -Individuals should not be subjected to strip searches unless the jailer has an articulable, reasonable, and individualized suspicion to believe that a person is concealing contraband or weapons.
    a.) Current charges (violent or drug related)
    b.) Criminal history
    c.) Institutional behavior history
    d.) Contact with the public
    e.) Court ordered detention
    f.) Verification of gender

    Contraband

    -Contraband is considered to be any item,material, or substance that is prohibited by law or agency directives.

    Conducting cell searches:

    a. Any item brought into the security perimeter of the facility by anyone should be searched for contraband.
    b. Any inmate who leaves the security perimeter.
    c. There shall be regular and irregular (random) searches of the entire facility area for contraband, which shall be noted in a permanent facility record.
    d. Searches for contraband should be timed so that inmates cannot anticipate them.

    Cell searches

    - Cell searches are necessary to provide for the safety of officers, civilians, and inmates within the facility and to eliminate contraband.

    Documenting Contraband

    A. Locate source of contraband
    B. Possible breaches of security
    C. For disciplinary or administrative action

    Methods for conducting a of inmates and their housing area.

    1.) Shut off the water supply so that the inmates cannot wash contraband down sinks and toilet before you enter the cell.

    Follow-up procedures after search.

    1.) Restore the housing area to a condition comparable to its condition prior to search.

    Inmate Property Checking

    The receiving officer shall carefully record and store the inmate's property as it is taken. A receipt signed by the receiving officer and the inmate shall be maintained in the inmate's file. In the event an inmate refuses to sign the property receipt, the receiving officer, with a witness present,shall note the refusal and sign the receipt.

    Civil liability

    -negligence action in tort.

    Tort

    -A civil or private wrong or injury for which a court will provide a remedy in the form of an action for damages.

    Proper manner of recording and securing inmates' property.

    -Let the form be the guide when questioning the inmate. Ex. Ask the inmate,"Is this your ring?" If he says "no," then ask whom it belongs to, etc.

    Documenting and securing property

    1.) Verbally describe the property in the presence of the inmate and document each inventoried article on the correct form.

    Inmate money account

    a.) Money should be handled by jail staff only.
    b.) Receipts and expenditures of inmate accounts.

    Handling inmates money

    - Receipts and expenditures of inmate accounts
    - The sheriff/operator shall maintain a record on each inmate including and receipts and expenditures of inmate accounts.

    Balancing each inmates' record by

    Balancing the expenditure book daily.

    Distributing inmate commissary purchases

    - Count the items in front of the inmate.
    - The audits shall be submitted to the commission not later than ten days following completion.

    Inmate commissary plan

    The purchase of hygiene itmes and sundries.
    - Provide for yearly audits by the county auditor in accordance with the Local Government Code.
    - The audits shall be submitted to the commission not later than ten days following completion.

    Issue clothing

    - Inmate Clothing: Standard facility clothing shall be issued to all inmates held over 48 hours.

    - Undergarments, if issued to males, must be issued to females.

    Personal clothing

    All inmate personal clothing shall be cleaned, or sprayed with a disinfectant and stored.

    Issue bedding

    1.) one mattress
    2.) one sheet or matress cover:
    3.) one towel:
    4.) one blanket, or more depending upon climatic conditions.

    Personal Hygiene

    Inmates held over 48 hours
    1.) toothbrush:
    2.) toothpaste or toothpowder
    3.) soap
    4.) comb
    5.) shaving implements

    Shower

    Each inmate shall be given the opportunity to shower at least every other day or more often if possible. Inmates on work assignments and those making court appearances shall be given an opportunity to shower daily.

    Supervise bathing procedures

    - Supervision should be by an officer of the same gender.

    Objective classification

    - a formal process for separating and managing inmates and administering facilities based upon agency mission, classification goals, agency resources, and inmate program needs.

    Classification Plan

    Each sheriff/operator shall develop and implement an objective classification plan approved by the Commission by January 1, 1997.

    Objective Classification Plan

    1.) Inmates shall be classified and housed in the least restrictive housing available without jeopardizing staff, inmates or the public, utilizing risk factors which include any or all of the following:
    a.) current offense or conviction
    b.) offense history;
    c.) escape history;
    d.) institutional disciplinary history;
    e.) prior convictions;
    f.) alcohol and/or drug abuse;
    g.) stability factors

    Objective Classification Plan

    2.) Classification criteria shall not include race, ethnicity or religious preference;

    Objective Classification Plan

    3.) Custody levels and special housing needs shall be assessed to include minimum, medium, and maximum.

    Objective Classification Plan

    4.) Minimum and maximum custody level inmates shall be housed separately.
    - When under direct, visual supervision, inmates of different custody levels may simultaneously participate in work and program activities.

    Objective Classification Plan

    5.) Juveniles shall be separated by sight and sound from adults in accordance with FC 51.12

    Objective Classification Plan

    6.) Female inmates shall be separated by sight and sound from male inmates.

    Objective Classification Plan

    8.) Persons assigned to a detoxification cell shall be transferred to a housing or holding area as soon as they can properly care for themselves;

    Objective Classification Plan

    9.) The status of persons confined to a violent cell shall be reassessed and documented at least every 24 hours for continuance of status;

    Objective Classification Plan

    10.) Inmates who require protection or those who require separation to protect the safety and security of the facility may be housed in administrative separation. The status of inmates placed in administrative separation shall be reviewed and documented at least every 30 days for continuance of status.

    Objective Classification Plan

    11.) Single cells may be utilized for disciplinary or administrative separation. Inmates in administrative separation shall be provided access to a day room for at least one hour each day. Inmates in disciplinary separation shall be provided a shower every other day.

    Approved classification instruments

    1.) Intake Screening
    2.) Initial Custody Assessment
    3.) Custody Reassessment/Review - A custody reassessment shall be conducted within 30 - 90 days, a documented classification review to determine there necessity for a complete reassessment shall be conducted every 30 - 90 days thereafter.

    Maximum Custody Level

    - Inmates identified as those usually confined for serious offenses of violence, who possess an extensive level of criminal sophistication.

    Medium Custody Level

    - Inmates identified as those usually confined for felony offenses, who possess a moderate level of criminal sophistication.

    Minimum Custody Level

    - Inmates identified as those usually confined for lesser offenses.

    Classification Duty

    - Training of officers assigned to classification ( train for 4 hours)

    Inmates' status for reclassification purposes

    A.) Requires that an inmates' classification be reviewed periodically.
    B.) A custody reassessment or review is necessary to allow for changes over time in inmates' legal status, disciplinary actions, appeals, or other circumstances. A reassessment is required 30 - 90 days after the initial assessment.( Reassessments are also required following a disciplinary action and upon any change in legal status ( a conviction, new charge, etc.) )

    Custody Reassessments

    A. Disciplinary conviction
    B. Changes in legal status; i.e., sentenced, new charge(s), charge(s) dropped, new hold/detainer
    C. Special considerations

    Trustee

    - A person who, because of good conduct, is given some measure of freedom in and around the prison or jail.

    Trustee assignment

    - Inmates should not be required to work more than 48 hours per week, except in an emergency

    Child

    - "Child" means a person who is: ten years of age or older and under 17 years of age.
    - Juveniles shall be separated by sight and sound from adults in accordance with the.

    Health records and services

    Upon an inmates' admission, a health file shall be initiated through the completion of a departmental medical form.

    Duty of Sheriff to prisoners.

    Every sheriff keep safely a person committed to his custody. He shall use no cruel or unusual means to secure this end, but shall adopt all necessary measures to prvent the escape of a prisoner.

    Health Services

    1.) Right to have adequate medical care.

    Health services plan

    Shall have a plan

    Health services

    See that the inmate gets proper "professional" care.

    Cleaning solutions

    Your jail may have other cleaning solutions that are just as good as a dilution of 1 part common household bleach to 10 parts water.

    See More

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